The Nigerian judiciary, heralded as the last hope of the common man, has often found itself entangled in controversies that question its integrity, independence, and functionality. From the corridors of magistrate courts to the marble halls of appellate jurisdictions, the judiciary has faced enduring scrutiny, particularly when its failings intersect with the political and economic complexities of Nigerian society. A literary and legal exploration of “The Incorruptible Judge” in conjunction with Dele Farotimi’s incisive critique in Nigeria and Its Criminal Justice System reveals the underlying socio-political dynamics that impede the pursuit of justice in Nigeria.
The literary classic The Incorruptible Judge, often interpreted as a satirical portrayal of justice in a morally compromised society, symbolically mirrors Nigeria’s judicial climate. The titular judge represents an ideal of unyielding integrity, a mythic figure who dispenses justice without fear or favor. Yet, this archetype, though revered in fiction, rarely materializes in Nigeria’s judiciary, where systemic rot has corroded the legal framework. Farotimi’s argument that the judiciary often functions as an appendage of the ruling class rather than as an independent arbiter of justice resonates deeply when juxtaposed with the moral aspiration presented in The Incorruptible Judge.
Nigeria’s judiciary, in theory, operates under the principle of nemo judex in causa sua—no one should be a judge in their own cause—but in practice, this maxim is frequently disregarded. Political interference, bribery, and judicial recklessness have transformed some courtrooms into theaters of absurdity, where the scales of justice tilt in favor of the highest bidder. Farotimi’s critique highlights that the judiciary’s susceptibility to manipulation stems not merely from individual moral failings but from institutionalized corruption woven into the fabric of Nigeria’s political economy.
In The Incorruptible Judge, the titular character stands unbent against inducement, his resolve fortified by a moral compass immune to the taint of greed. This literary construct starkly contrasts with Nigeria’s judicial reality, where even Supreme Court verdicts have occasionally been marred by allegations of political partisanship. The case of Adeleke v. INEC (2019) provides a compelling legal narrative. The Court of Appeal’s controversial decision, perceived by many as politically motivated, underscores the tension between legal interpretation and judicial impartiality. Similarly, Farotimi’s legal expositions argue that such rulings are symptomatic of a justice system frequently weaponized by the political elite.
Consider also the landmark case of Attorney General of Lagos State v. Attorney General of the Federation (2003), which underscored the constitutional challenge of state versus federal judicial autonomy. The case revealed how judicial interpretations could either reinforce federalism or erode it, depending on judicial courage—or the lack thereof. Here, the judiciary’s potential as a guardian of the rule of law was tested, exposing both its strengths and vulnerabilities.
One of Farotimi’s core assertions is that the judiciary’s failings cannot be divorced from the society it serves. Judges are not imported from utopian realms but are products of the same socio-political environment. The influence of The Incorruptible Judge serves as a literary benchmark of judicial virtue—a benchmark often reduced to mere rhetoric in the face of harsh realities. The Nigerian Bench has, over the decades, featured judges whose professional lives oscillate between profound jurisprudential brilliance and ignoble compromise.
The celebrated jurist Justice Chukwudifu Oputa once remarked that justice must not only be done but must be seen to be done. Yet, in cases such as Danjuma v. Taraba State Government, where politically exposed persons have seemingly maneuvered the legal system to their advantage, the perception of justice being done remains elusive. Farotimi’s portrayal of Nigeria’s judiciary as complicit in sustaining a culture of impunity finds resonance in this context.
Systemic reform has been the clarion call for decades, with commissions of inquiry and judicial panels formed in response to public outcry. However, the slow grind of judicial reform remains tethered to Nigeria’s broader governance failures. Farotimi’s legal narrative attributes much of this inertia to entrenched interests unwilling to relinquish the benefits of a compromised legal system.
Despite constitutional safeguards such as judicial tenure security, financial autonomy, and institutional independence, the judiciary’s operational reality is far from ideal. In landmark administrative law cases like Ladoja v. INEC, the judiciary has demonstrated commendable resolve. Yet, such cases remain exceptions rather than the rule, reinforcing Farotimi’s contention that systemic dysfunction, not isolated malfeasance, is the judiciary’s Achilles’ heel
Perhaps nowhere is the judiciary’s complicity more evident than in Nigeria’s electoral disputes. The notion of justice delayed is justice denied finds grim confirmation in protracted election petitions and delayed judgments that render judicial interventions moot. Cases like Atiku v. Buhari and the more recent Obi v. Tinubu illustrate how judicial processes often lag behind political realities, reducing landmark rulings to historical footnotes rather than instruments of corrective justice.
Farotimi provocatively argues that such delays are not coincidental but are strategic, serving the vested interests of political godfathers who see the judiciary as a political backstop rather than a constitutional watchdog. These legal dramas, often featuring dramatic court appearances, sensational verdicts, and endless appeals, reflect a judiciary caught between legal propriety and political expediency.
While The Incorruptible Judge offers a literary refuge in its portrayal of judicial idealism, Nigeria’s real-world judiciary remains a work in progress. Farotimi’s unvarnished critique challenges legal scholars, practitioners, and reform advocates to envision a judiciary unshackled from political patronage and societal decay. His legal prose serves not just as a critique but as a call to action for systemic overhaul.
The judiciary’s path toward redemption lies not merely in legislative reform but in cultivating a judicial culture where integrity, competence, and accountability are sacrosanct. The echoes of The Incorruptible Judge remind us that justice is not an abstract ideal but a lived reality that must be pursued with relentless vigor, even in the face of daunting odds.
In the end, Farotimi’s Nigeria and Its Criminal Justice System and The Incorruptible Judge converge as complementary narratives—one a reflective literary allegory, the other a hard-hitting legal critique. Together, they challenge Nigeria to bridge the chasm between judicial myth and reality, to reform its legal institutions not through rhetoric but through resolute action. Only then can the myth of the incorruptible judge transcend fiction and become Nigeria’s judicial reality.
By : Jide Adesina
1st Afrika
All right reserved
December, 2024
