*AN OPEN LETTER TO THE NATIONAL JUDICIAL COUNCIL (NJC)
The Imperative of Preserving the Sanctity, Independence and Integrity of the Nigerian Judiciary
The Honourable Chairman,
National Judicial Council,
Abuja, Nigeria.
Dear My Lord,
I write as a concerned citizen, a democrat, and a member of the Board of Trustees of the Peoples Democratic Party (PDP), compelled by recent developments that raise serious questions about public confidence in the administration of justice and the role of the courts in safeguarding constitutional democracy.
The matter before the Court was far from frivolous. It arose from an action instituted by the Chairman and members of the Board of Trustees of the Peoples Democratic Party. The action sought to compel the Independent National Electoral Commission (INEC) to comply with and give effect to subsisting judgments of the Supreme Court, the Court of Appeal and the Federal High Court by updating its official portal to reflect the authentic faction of the Peoples Democratic Party as led by Chief Kabiru Tanimu Turaki, SAN recognised by the judgments, rather than continuing to recognise the Wike-led faction.
Instead of first determining the substantive constitutional questions before it including whether INEC was under a legal obligation to comply with those subsisting judgments and amend its official records accordingly, the Court dismissed the action as a waste of judicial time and proceeded to award costs of ₦140 million against the Board of Trustees and a further ₦10 million against counsel.
It is the greatest joke in the civilised international community today. Morally and ethically, is it possible for a child to expel a father from his house whilst the father is still alive?
The Wike faction said they have expelled permanent members of the upper echelon of the party, the custodians of the party. What a joke!
Despite this absurdity, the judge concluded in his judgement that we were wasting the time of the court.
Our constitutional order is founded upon the hierarchy of courts and the binding authority of judicial precedent. Judgments of the Supreme Court are final and binding upon all persons and authorities throughout the Federation. Equally, decisions of the Court of Appeal and other superior courts of record are not matters of discretion to be observed or ignored at will. The rule of law demands faithful obedience to subsisting judgments until they are set aside by a court of competent jurisdiction. No administrative authority, however constituted, possesses the legal authority to disregard or delay compliance with a subsisting judgment of a court of competent jurisdiction unless and until that judgment is set aside by a superior court.
The issues raised by this judgement extend far beyond the internal affairs of the Peoples Democratic Party. They go to the very heart of constitutional governance and the administration of justice in Nigeria.
Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), vests the judicial powers of the Federation in the courts and entrusts the Judiciary with the solemn responsibility of interpreting and upholding the Constitution without fear or favour.
Equally, every judicial officer swears an oath to administer justice impartially, faithfully, and in accordance with the Constitution and the laws of the Federal Republic of Nigeria.
Where litigants approach a court seeking the enforcement or implementation of existing judgements of the Supreme Court, the Court of Appeal and the Federal High Court, they are invoking one of the most fundamental principles of constitutional democracy—that judgements of competent courts must be respected and obeyed. It is therefore imperative that such issues receive full judicial consideration on their merits, for the authority of the courts rests not only upon the judgments they deliver but also upon the confidence that every party has been fairly heard and that the Constitution has been faithfully applied.
The National Judicial Council, established under Paragraph 21 of Part I of the Third Schedule to the Constitution, bears the constitutional responsibility of safeguarding the independence, integrity, discipline, and ethical standards of the Bench. That responsibility extends beyond the discipline of judicial officers; it encompasses preserving public confidence in the Judiciary as the impartial guardian of the rule of law.
Whenever judicial decisions give rise to widespread public concern regarding constitutional fidelity, the Council cannot be indifferent, for public confidence remains the Judiciary’s greatest source of institutional legitimacy.
The Judiciary occupies a unique and sacred position in every constitutional democracy. It is the final guardian of the Constitution, the custodian of the rule of law, and the last refuge of every citizen seeking justice. It is upon this institution that the hopes of millions rest whenever the Executive or the Legislature falters.
It is against this constitutional backdrop that I respectfully address the National Judicial Council concerning the growing public anxiety over judicial decisions that have generated widespread concern regarding the independence, impartiality and credibility of our courts.
Whether rightly or wrongly, whenever judicial pronouncements give rise to a reasonable public perception of political influence or constitutional inconsistency, confidence in the administration of justice is gravely diminished. Such perceptions, if left unaddressed, threaten not only the reputation of individual courts but the very legitimacy of the Judiciary itself.
The Nigerian people deserve a justice system they can trust not one that appears to reward judicial impunity, embolden constitutional abuse, and accelerate the nation’s slide towards institutional collapse.
No democracy can flourish where judicial recklessness is allowed to prevail or where political interference compromises the administration of justice. Such actions erode the independence of the Judiciary, diminish its integrity, weaken its moral authority, and ultimately undermine the rule of law; the very foundation upon which every constitutional democracy rests.
The National Judicial Council bears both a constitutional and moral responsibility to ensure that the Bench remains beyond reproach. The erosion of judicial integrity threatens not merely individual litigants, but the very foundation of constitutional democracy itself. If justice is perceived to be compromised, the rule of law is weakened, public confidence is shattered, and the legitimacy of democratic governance is placed in jeopardy.
The independence of the Judiciary is not merely a constitutional provision; it is the cornerstone of liberty, the safeguard against executive excess, and the assurance that no citizen is above the law and none is beneath its protection. Once public confidence in the courts begins to erode, the consequences extend far beyond the courtroom. Respect for lawful authority diminishes, democratic institutions weaken, and the social contract upon which the Nigerian State is built begins to fracture.
This is therefore a defining moment in the constitutional history of our nation. It calls for courage, fidelity to the judicial oath, and an unwavering commitment to the principles of justice without fear or favour, affection or ill will. The National Judicial Council must continue to demonstrate, both in action and in resolve, that the Judiciary remains insulated from every form of external influence and committed solely to the dictates of the Constitution and the law.
History will not judge this moment by the silence of those entrusted with the administration of justice, but by whether they rose courageously to defend the Constitution when it mattered most. The integrity of the Judiciary is not negotiable; it is the lifeblood of the Nigerian Republic.
The Judiciary remains the last hope of the common man only so long as the common man remains convinced that justice is administered according to law, guided by the Constitution, and uninfluenced by power or expediency. The preservation of that confidence is the solemn responsibility of every judicial officer, and ultimately, of the National Judicial Council itself.
I, therefore, respectfully call upon the National Judicial Council to discharge its constitutional mandate with the courage, impartiality and firmness expected of the guardian of judicial ethics and accountability. In doing so, the Council will not only preserve the honour of the Bench but also reaffirm the confidence of the Nigerian people that justice in our country remains blind to political pressure and faithful only to the Constitution and the rule of law.
The future of the Nigerian Republic depends upon nothing less.
Here I rest my case.
Yours faithfully,
*CHIEF OLABODE IBIYINKA GEORGE, CON
ATONA OODUA OF YORUBALAND
