The judiciary in a democracy

The judiciary as the third leg of government could be described as a lubricant, having the capacity to calm frayed nerves and lubricate frictions in party and electoral systems. Its existence in a democratic government 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 to guard 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.

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 third tier of government.

Looking back to the role the judiciary has played in resolving electoral cases, we feel deeply worried now that elections are being won and lost.  The tacit judicial support given to some self-seeking individuals who defy electoral laws that subject every party member to the supremacy of his party is not only ant-democratic but also a sad commentary on the judiciary as a cash and business enterprise.

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 and we are therefore,asking political office seekers who lose in elections to tread with caution.

We have seen sad cases in the past especially the case  of former Chief Justice Katsina Alu and indicted President of the Court of Appeal which 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.

This is a season of election loss and victory and we are calling on the judiciary, at a time like this, to show interest and confidence in our democracy by discharging cases, where they come, dispassionately.

Ours is a fragile democracy. Ominous signs of judicial interest in political contestations and bickering are 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, which seems to be evolving gradually but steadily, more so with the emergence of a winner in the Jonathan-Buhari contest.

We savour and cherish this democracy and it is our firm belief that the task of nurturing it to maturity is that everybody and every institution including the judiciary.