The judiciary must not become another political battlefield

Since Nigeria’s return to democracy in 1999, the judiciary has rarely been absent from controversy. Successive administrations have witnessed one judicial crisis after another, from disputed election verdicts and conflicting rulings on party leadership to allegations of executive interference and judicial compromise. Rather than serving as the impartial guardian of justice, the courts have increasingly found themselves at the centre of political battles.

Under the current administration, those concerns have intensified, leaving many Nigerians asking a troubling question: When will our judiciary truly become independent?

The latest conflicting judgements involving the registration of the Nigeria Democratic Congress (NDC), the legal battles surrounding the African Democratic Congress (ADC), and numerous politically sensitive cases across the nation have once again exposed the fragile state of public confidence in our judicial system. These cases are not isolated events, as they are symptoms of a deeper institutional challenge that threatens the very foundation of Nigeria’s democracy as the nation prepares for the 2027 general elections.

The judiciary occupies a special place in every democracy. It is expected to be the final arbiter of disputes, the defender of constitutional order, and the last hope of the ordinary citizen. Its authority derives not from political power or military strength but from public confidence in its impartiality. Once that confidence begins to erode, the consequences extend far beyond the courtroom.

One of the greatest dangers of conflicting judgements is the uncertainty they create. When courts of coordinate jurisdiction deliver contradictory decisions on similar matters, citizens are left wondering which judgement represents the true position of the law. Instead of resolving disputes, the courts unintentionally deepen confusion, encourage endless appeals and fuel suspicion that justice depends more on influence than on legal merit.

This perception is perhaps more damaging than any individual judgement. Whether or not judicial officers act improperly, justice must not only be done but must also be seen to be done. Sadly, that principle appears increasingly difficult to sustain in Nigeria’s highly charged political environment.

Another dangerous implication is the growing judicialisation of politics. Political parties have become heavily dependent on courts to resolve disputes that should ordinarily be settled through internal democratic processes. Every disagreement over party primaries, leadership succession, candidate nomination or defection now ends before a judge. So, elections are no longer determined solely by voters but increasingly by legal technicalities and courtroom interpretations.

This unhealthy development weakens political institutions while placing enormous pressure on the judiciary. Judges are expected to determine matters with far-reaching political consequences, making them vulnerable to intense lobbying, public criticism and allegations of compromise. In effect, the judiciary has become an unwilling participant in partisan politics.

From Zamfara to Rivers, Kano, Plateau, Bayelsa and Edo, court decisions have altered electoral outcomes, determined who occupies public office and reshaped the political landscape. While these decisions may have been legally justified, their cumulative effect has reinforced public belief that elections are increasingly won in courtrooms rather than at polling units.

Perhaps even more troubling is the erosion of investor confidence. Stable legal institutions are essential for economic growth. Domestic and foreign investors pay close attention to the predictability and credibility of judicial systems before committing capital. A judiciary perceived as inconsistent or politically vulnerable raises questions about contract enforcement, commercial dispute resolution and the overall rule of law. Nigeria can hardly attract sustainable investment if confidence in its justice system continues to decline.

The National Judicial Council (NJC) therefore carries an enormous responsibility. While it has sanctioned judicial officers in the past, disciplinary measures must become more transparent, timely and decisive. Accountability should not be selective or delayed until public outrage subsides. The judiciary must demonstrate that no judge is above ethical scrutiny and that misconduct attracts swift consequences, irrespective of status.

Meanwhile, the blame does not rest solely with the judiciary. Politicians themselves have contributed significantly to this crisis. Many political parties lack internal democracy, while party constitutions are frequently ignored by those entrusted with enforcing them. Rather than resolving disagreements through dialogue, party leaders rush to court, weaponising litigation as a political strategy. Until political parties strengthen their internal dispute-resolution mechanisms, the courts will remain overwhelmed by avoidable political conflicts.

The executive arm also has a constitutional obligation to guarantee judicial independence. Financial autonomy for the judiciary must go beyond policy statements to practical implementation. Judicial appointments and promotions should be based strictly on competence, integrity and professional merit, free from political patronage. Equally important is the welfare and security of judicial officers, which should be improved to reduce vulnerability to external pressure.

As Nigeria approaches another crucial electoral cycle, the judiciary faces perhaps its greatest credibility test since the return to democracy. Every ruling delivered between now and the 2027 elections will either strengthen or weaken public faith in democratic institutions.