Monday, 23 December 2024 06:44

[OPINION] A Captured Judiciary: Obasanjo’s Painful Indictment of a Twisted Legal Institution - John Egbeazien Oshodi

Justice Kudirat Kekere-Ekun and Justice Monica Dongban-Mensem, as the Chief Justice of Nigeria and the President of the Court of Appeal respectively, hold the highest positions in the country’s judiciary. Yet, their actions—or more accurately, their inaction—have cast a deep shadow over the judiciary, leaving it tainted and compromised. This is not just a failure of leadership; it is a betrayal of their sacred duty to uphold justice, independence, and integrity in an institution that should be above reproach.

Former President Olusegun Obasanjo’s recent speech at Yale University was a brutal and unapologetic critique of Nigeria’s descent into chaos under President Bola Tinubu. His indictment of the judiciary as a “captured” institution was a direct hit at its two top leaders. These women, entrusted with safeguarding Nigeria’s courts, have presided over a system that increasingly bows to corrupt hands, political interference, and financial influence.

A Judiciary in Free Fall

 

The judiciary is supposed to be the cornerstone of justice and democracy, a beacon of hope for the powerless, and a safeguard against tyranny. Yet, under the watch of Justice Kekere-Ekun and Justice Dongban-Mensem, it has devolved into a system that serves the highest bidder and political overlords.

Nowhere is this more evident than in the judiciary’s handling of election-related cases. Courts that should serve as neutral arbiters have instead become tools in the hands of political actors, embroiling themselves in internal party disputes that have no place in a courtroom. Obasanjo’s concerns about the “dark ways” of Nigerian elections are painfully accurate. Judges now actively lobby for seats on election tribunals, not to serve justice, but because these positions have become synonymous with personal enrichment.

Even more alarming is the growing trend of judicial appointments being handed out to the children, in-laws, and relatives of those already in power. Meritocracy has been replaced with nepotism, as connections and favoritism dictate who ascends to the bench. A judiciary that once prided itself on its impartiality and competence is now a breeding ground for familial privilege and entitlement. Is it any wonder that such a system has been captured? How can justice thrive in a judiciary where appointments are based on bloodlines rather than qualifications?

 

These tribunals have transformed into marketplaces where rulings are not determined by law or evidence but by who can offer the largest bribe. It is a grotesque betrayal of the judiciary’s purpose, and the fact that it occurs under the leadership of these two women underscores their failure to stem the tide of corruption and manipulation.

The Hypocrisy of Leadership

While some judges under their leadership strive to uphold the rule of law, what message do Justice Kekere-Ekun and Justice Dongban-Mensem send when they attend celebratory events hosted by Nyesom Wike—a politician whose cases could land in their courts at any moment? This is not just poor optics; it is a blatant disregard for the principles of neutrality and fairness. Their actions place every diligent judge under their leadership in an untenable position, forcing them to work in a system where political influence looms large and justice is increasingly a commodity for sale.

 

Obasanjo’s indictment of a “captured judiciary” should hit home for these two women. By failing to act, they have allowed the courts to be weaponized for political purposes, tarnishing the judiciary’s reputation both at home and abroad. The very integrity of Nigeria’s democratic process is at stake, yet they remain silent, complicit, and seemingly indifferent.

A Judiciary Complicit in Nigeria’s Decline

The judiciary’s failure under these two leaders is not just an institutional problem—it is a national crisis. Obasanjo’s description of Nigeria as a “failing state” is not hyperbole. When the courts are seen as instruments of corruption rather than as protectors of justice, the entire fabric of democracy begins to unravel.

 

Involvement in election tribunals has become a lucrative venture, with judges vying for appointments because they know it is an opportunity to enrich themselves. This reality is a damning reflection of the judiciary’s state under Kekere-Ekun and Dongban-Mensem. Their inability to address these issues has eroded public trust to the point where the judiciary is no longer seen as an impartial arbiter but as a tool for political domination and financial gain.

Adding to this crisis is the nepotistic practice of appointing unqualified relatives to key judicial positions. Children and in-laws of powerful figures ascend to the bench with little regard for merit, further weakening the judiciary’s credibility. A judiciary where lineage matters more than competence is one that cannot deliver justice. It is a system designed to protect the interests of the powerful while leaving ordinary Nigerians at the mercy of corruption and inefficiency.

The Responsibility to Act

 

The time for platitudes and half-measures has passed. Justice Kekere-Ekun and Justice Dongban-Mensem must confront the reality of their failure and take immediate steps to restore the judiciary’s integrity. This requires more than symbolic gestures—it demands decisive action to root out corruption, distance the judiciary from political actors, and restore public confidence in the courts.

They must banish judges who actively seek out election tribunal positions for personal gain, impose strict ethical guidelines, and ensure that the judiciary is no longer a participant in internal party disputes. Above all, they must lead by example, refusing to associate with political actors like Wike, whose presence casts doubt on the impartiality of the judiciary.

The High Stakes of Inaction

 

If these two women fail to act, they will not just tarnish their own legacies; they will preside over the complete collapse of Nigeria’s judiciary. The consequences will be catastrophic. Public trust in the courts is already at an all-time low, and the continued perception of a “captured judiciary” will further alienate the populace, fueling political instability and deepening Nigeria’s democratic decline.

Obasanjo’s words at Yale should serve as a wake-up call. His critique was not just about the judiciary but about the broader implications of its failure. A captured judiciary is a captured nation, and if Kekere-Ekun and Dongban-Mensem do not act, they will be remembered as the architects of Nigeria’s descent into chaos.

Now is not the appropriate moment to seek a public affairs commentators to engage in media attacks against your critics, it is crucial to refrain from retaliatory measures and uphold professionalism by carefully reflecting on the feedback provided by writers or critics.

 

History Will Judge

The judiciary is on trial, and so are its two most senior leaders. Justice Kekere-Ekun and Justice Dongban-Mensem must decide whether they will be remembered as defenders of justice or as enablers of corruption and political manipulation. Obasanjo’s words were a painful reminder of what is at stake. If these two women continue on their current path, they will go down in history as the faces of Nigeria’s judicial collapse, complicit in the very corruption they were sworn to fight.

The time to act is now. The judiciary’s survival—and Nigeria’s democracy—depends on it.



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