The judiciary in a democracy
In a democracy, the judiciary is an impartial umpire. It is also a lubricant, having the capacity to calm frayed nerves and lubricate frictions. Its existence in a democratic system is justified by the principle of separation of powers which states that people who make laws should be separate from those who implement the laws while those who implement the laws should be separate from those that interpret the laws.
This principle, which is complemented by the principle of checks and balances, is aimed at guarding against dictatorship and arbitrary rule which distinguish other forms of government from democracy. All these are necessary not only because of man’s natural tendency to abuse power, but also his capacity to arrogate to himself the power to lord it over others.
Laws as embodied in constitutions, statutes, guidelines etc are a corollary of checks and balances which also ensure that people, including those in authority, those seeking political office, leaders and sundry citizens, don’t over-reach their limits or take undue advantage of their personality or position to the detriment of collective interests and public good.
In Nigeria, the judiciary has, in more ways than one, presented itself as a democratic albatross and its role in sustaining the nation’s fragile democracy is a huge cause for concern. Deep seated corruption and frivolous injunctions have made this otherwise respected and hallowed institution an objectionable and leprous one.
We are deeply worried by the sad state of affairs in our country’s judicial system. The role of the judiciary in the macabre dance that defined the recent expression of interest leading to the primary election for a People’s Democratic Party (PDP) candidate for the November 16, 2013 governorship election in Anambra State leaves a sour taste in the mouth.
The tacit judicial support given to a group of self-seeking individuals who defied the electoral laws that subjects every party member to the supremacy of his party rules is not only ant-democratic but also a sad commentary on the judiciary as a cash and business enterprise.
Nigerians are of the view that the usual fire in the country’s party and electoral systems is largely stoked by the judiciary and we can’t agree more, because nothing could be truer.
In our view, justice is now for the highest bidder as the institution that dispenses it has completely set aside democratic principles and professional ethics. This calls to mind the unfortunate events of the Second Republic, precisely in 1983, when the judiciary was flagrantly used to fuel the fight for supremacy between National Party of Nigeria (NPN), Nigerian Peoples Party (NPP) and Unity Party of Nigeria (UPN) in old Anambra and Oyo States.
We are alarmed by the level of corruption in the judiciary involving top-level judicial officers and this, in our candid opinion, is one of the tragedies of Nigeria’s democratic experiment and corporate existence.
The case of former Chief Justice Katsina Alu and indicted President of the Court of Appeal exposed the deep rot in the judiciary and the accusations and counter accusations that ensued between the two high ranking judicial officers showed that the institution is not clean.
We see it as a sad irony that the judiciary which convicts people almost every day for corruption has turned out to be a safe haven of corrupt practices. It is on the strength of this that we commend the efforts of the current Chief Justice of the Federation towards eradicating corruption in the judiciary.
Ours is a fragile democracy. Ominous signs of judicial interest in political contestations and bickering are already there for all to see and they are sad reminders of the inglorious past activities of the judiciary in our efforts at institutionalizing democratic norms and ethos.
We demand optimal performance from the judiciary as a necessary condition for the survival of our democracy, more so as we move forward to 2015.