NIGERIA’S QUEST FOR JUSTICE: A CRITICAL EXAMINATION OF LEGAL REFORMS AND THE PURSUIT FOR ACCOUNTABILITY IN THE POSTCOLONIAL ERA- REFLECTIONS ON THE INTERNATIONAL DAY OF JUSTICE
Contributors: Atuegwu[1], Lazarus[2], Nweke[3], Okeke[4], Onyeachonam[5], Bankole[6], Wilfred[7]
ABSTRACT:
This paper undertakes a critical
examination of Nigeria’s quest for justice in the post-colonial era, with a
specific focus on legal reforms and the pursuit of accountability. Against the
backdrop of the International Day of Justice, this article reflects on the
country’s efforts to establish a just and equitable society, free from the
legacies of colonialism and corruption. Through a nuanced analysis of key legal
reforms, judicial decisions, and institutional developments, this paper
identifies the challenges and opportunities that have shaped Nigeria’s quest
for justice. It argues that while significant progress has been made,
persistent obstacles remain, and that a more profound transformation of the
legal system is necessary to achieve genuine accountability and the rule of
law. This article contributes to ongoing debates about legal reform and justice
in Nigeria, offering insights and recommendations for scholars, policymakers,
and practitioners engaged in the pursuit of justice and the promotion of human
rights in Africa’s most populous democracy.
KEYWORDS: Nigeria, Justice, Legal Reforms,
Accountability, Post-Colonial Era, International Day of Justice.
1.0
INTRODUCTION:
The International Day of Justice,
observed annually on July 17, is a momentous occasion that underscores the
significance of upholding the principles of justice, equality, and human rights
globally. This day commemorates the adoption of the Rome Statute, the treaty
that established the International Criminal Court (ICC), a beacon of hope for
victims of heinous crimes and a testament to the international community’s
resolve to combat impunity. As the world marks this important day, Nigeria,
Africa’s most populous nation, grapples with its own quest for justice, a
journey marked by twists and turns, progress and setbacks, since its
independence from colonial rule in 1960. Nigeria’s post-colonial experience has
been defined by a relentless pursuit of justice, driven by the need to redress
the injustices of the past, entrench democratic values, and ensure
accountability for the actions of those who wield power. The country’s legal
landscape has undergone significant transformations, with various reforms aimed
at strengthening its institutions, promoting the rule of law, and enhancing
access to justice. Despite these efforts, Nigeria still struggles with the
vestiges of colonialism, corruption, and impunity, which have hindered its progress towards achieving a just
and equitable society.
The quest for justice in Nigeria is
a complex and multifaceted phenomenon, influenced by historical, political,
economic, and social factors. It is a story of courage and resilience, of
individuals and groups who have fought tirelessly to hold those in power
accountable, often in the face of overwhelming odds. From the struggles of the
independence era to the present day, Nigeria’s journey towards justice has been
marked by moments of triumph and tragedy, progress and setbacks. This paper
seeks to critically examine this journey, reflecting on the legal reforms,
judicial decisions, and institutional developments that have shaped Nigeria’s
quest for justice, and identifying the challenges and opportunities that lie
ahead. As Nigeria navigates the complexities of its quest for justice, it is
essential to situate this journey within the broader context of international
efforts to promote justice and accountability. The International Day of Justice
serves as a poignant reminder of the global community’s commitment to upholding
the principles of justice and human rights, and Nigeria’s experience offers
valuable insights into the challenges and opportunities that arise in this
pursuit. Through a critical examination of Nigeria’s quest for justice, this
paper aims to contribute to ongoing debates about legal reform, accountability,
and the promotion of human rights in Africa’s most populous democracy.
2.0
NIGERIA
IN HISTORY
Nigeria as we know it today is a
creation of British colonial rule from the amalgamation of the Northern and
Southern Protectorates of Nigeria by Lord Frederick Lugard in 1914. The peoples
of the various kingdoms and empires in the territories now known as Nigeria
first came into contact with Europeans from about 1450 through the trade of
slaves, particularly with the Portuguese. The British arrived in 1539[8] but
British colonial rule in Nigeria commenced with the annexation of Lagos as a
Crown Colony in 1861.[9]
Nigeria achieved independence from British colonial rule on 1 October 1960,
making it one of the first countries to gain independence in West Africa.
However, the country remained a Commonwealth realm with Queen Elizabeth II as
the titular Head of State until 1 October 1963 when Nigeria became a republic,
thereby cutting off the remaining direct tie to British authority.
Post independence, Nigeria’s
substantial natural resources have not been translated into development for its
teeming population. The country has had a severely chequered history of
development and democratic governance, experienced a civil-war and nearly three
decades of military rule. After many failed promises, the military eventually
handed over power to an elected government on 29 May 1999 with the promulgation
of a hurriedly produced and imposed Constitution. The transition to civil rule
followed a period of strong and sometimes violent agitation. Ironically, the
eventual civil transition programme was accidental at best, and was not
negotiated between the civil populace and the military rulers. As a result,
some have argued that the very legal basis of the political transition
programme remains illegal as
politicians campaigned for offices,
participated in elections, were elected yet there was no grundnorm, there was
no constitution. Elections had been conducted before the military government
that was leaving power [had] promulgated a constitution.[10]
The country has continued to
struggle with political and social instability and a shaky rule of law.
Structural disequilibrium created by military authoritarian rule has remained
the most contentious among a number of issues at the core of agitations for
renegotiating the country’s federalism. Separatist agitations have returned to
the front burner in the country. There have been recent calls for secession of
the Eastern region by groups advocating for a return of the ‘Republic of
Biafra’ and there are fears that these may lead to another round of violence
and, or civil war.[11]
Demands for fiscal federalism, the control of proceeds from oil and gas and
other natural resources like gold, uranium, coal and tin, have been a major
source of contention.
The democratic dispensation has been
marked by serial violence and continuing impunity by state and non-state
actors.[12] A ready example is the case of the Jama’atu Ahlus-Sunnah Lidda’Awati
Wal Jihad, commonly known as Boko Haram (western
education/civilisation is evil) involved in an insurgency in the country. In
April 2014, the group drew international concern with the kidnapping of more
than 270 school girls from a government secondary school for girls at Chibok,
Borno State, North East Nigeria in May 2014. This was ostensibly in a bid to
secure the release of detained Boko Haram members. The immediate cause of the
recourse to arms and violence by the group was the unlawful killing of their
leader, Mohammed Yusuf in July 2009 by the police following his arrest by the
army in a peaceful protest organized by Boko Haram. Repeated demands for
justice for his extra-judicial execution by the Police went unheeded. Hundreds
of his supporters had also been killed at the time.[13]
The Boko Haram insurgency has been regarded by some as a manifestation of
‘Islamic’ fundamentalism. However, relevant stakeholders, local voices at,
close to, or otherwise connected to the epicentre of the violence have
maintained an alternative narrative. On this account, the violence is a product
of social displacement and neglect, abject poverty and gross disenchantment
with government by some elements from that least developed part of the country.[14] As
a concerned group recently observed
The underlining narrative of Boko
Haram is the offer of an alternative state that not only postulates to be
theologically legitimate, but also seeks out the forgotten welfare of the
people.[15]
3.0
BRIEF
HISTORY OF NIGERIAN JUDICIARY
Before the advent of the Europeans,
the various indigenous people of Nigeria had difficult methods of dispute
resolution mechanism. However,
it was not until 1842 that the power to administer justice became more
organized and vested in the native courts. These courts, in dispensing justice, fashioned
out systems of taxation, civil laws and procedure, penal law and sentencing
policies including death sentence. It should be noted that these Native Courts
are the forerunners of the present Customary Area and Sharia Courts. With the
advent of the colonialists in the Southern parts of the country, the British through a combination of Foreign
Jurisdiction Act of 1843 and 1893 established law under which various
courts were set up. The trajectory, afterwards
became from the Courts of Equity in 1854 to
the courts that were established by the
Royal Niger Company, and the British
Courts. In 1863, by Ordinance No 11 of 1863, the
Supreme Court of Lagos was established, it had both civil and criminal jurisdiction and in
1900, via the Supreme Court Proclamation Order No. 6, a Supreme Court
was established for the Southern Nigerian protectorate. The Court exercised
same powers and jurisdictions as were vested in Her Majesty’s High Court of
Justice in England administering the common law, the doctrines of
equity and status of general application in England were to be administered in
the court in so far as local circumstances permitted. Before 1892, Sharia Law
in all its ramification was operative in most parts of Northern Nigeria.
Between 1934 and 1954 appeals from
the Supreme Court went to the West African Court of Appeal while appeals
from the West African Court of Appeal went to the Privy Council. However, from
1954, appeals from the Supreme Court of Nigeria went directly to the Privy
Council. In 1954, a Federal Supreme Court was established and was presided over
by a Chief Justice of the Federation, Nigeria then consisted of regions, each
region then has a High Court presided over by a Chief Justice Appeals from each
of the High Court of the regions laid to the Federal Supreme Court. While
appeals from Magistrate Courts, Customary or Native Courts Grade A went to the
regional High Courts. In 1967, Nigeria became a Federation of 12 States each
with its own state judiciary. In order to meet the need for cases,
involving the revenue of the Federal Government to be expeditiously determined,
the Federal Revenue Court was established by the Federal Revenue Court
Decree No 13 of 1975.
Presently under the 1999
Constitution, the Courts recognized as constituting the judiciary are the
Supreme Court, the Court of Appeal, the Federal High Court, the High Court of
the Federal Capital Territory Abuja, the Customary Court of Appeal, Abuja, the
States High Courts, the Sharia Court of Appeal of the States and the Customary
Court of Appeal of the states. These courts are vested with the functions or
duties of dispensing justice, in accordance with jurisdiction vested in them.
It should be noted that the establishment of a Sharia Court of Appeal or
Customary Court of Appeal by a state is optional.
4.0
A
SYSTEM OF ACCOUNTABILITY DEVELOPED OVER NIGERIA’S RICH HISTORY
Change and improvement cannot be
affected without legislation. Legislation will be much improved if it has a law
reform background or input which brings with it a high level of thoroughness.
Without this, some laws may begin to manifest defects and become liable to
amendment soon after coming into force.
These reforms have created a system
of accountability through these ways:
4.1 Constitutional Reforms: The amendment and introduction of
constitution in Nigeria is aimed at enhancing accountability. The 1963
Constitution, for instance, made the supreme court the final court of appeal in
the land, the rights of citizens were fully guaranteed and entrenched.
Nigerians were in control of decision making and implementation, as a result
British Influence was automatically terminated.
The 1979 constitution mandated that
political parties and cabinet positions reflect the “federal character” of the
nation. Political parties were required to be registered in at least two-thirds
of the states, and each state was required to produce at least one cabinet
member.
The 1999 Constitution established
institutions like the Economic and Financial Crimes Commission (EFCC) and
the Independent Corrupt Practices and Other Related Offences Commission (ICPC)
to combat corruption and enforce accountability among public officials.
4.2 The Introduction of
Anti-Corruption Legislation:
The enhancement of legislation that fights against corruption, financial
crimes, and fraudulent activities has provided a solid legal framework to
prosecute individuals that engage in these activities.
4.3 The Money Laundering (Prevention
and Prohibition) Act, 2022:
The purpose of the Money Laundering Act is to provide an effective and
comprehensive framework for the prevention, prohibition, detection and
punishment of money laundering and other related offenses in Nigeria.
4.4 Corrupt Practices and Other
Related Offenses Act, 2000:
The act seeks to prohibit and prescribe punishment for corrupt practices and
other related offenses. It establishes an Independent Corrupt Practices and
Other Related Offences Commission vesting it with the responsibility for
investigation and prosecution of offenders thereof.
4.5 The Improvement in the Electoral
System: The
introduction of electoral legislation which aims at ensuring free and fair
election by allowing citizens to choose their leaders in a transparent manner.
Also, the emergence of institutions responsible for carrying out these
elections. The establishment of the Independent National Electoral Commission
(INEC) and amendments to electoral laws to prevent malpractices. The
Independent National Electoral Commission (INEC) was established by the 1999
Constitution of the Federal Republic of Nigeria to among other things organize
elections into various political offices in the country. The electoral act,
2022.
4.6 The Reconstruction of the
Judicial System: Several
efforts have been made to strengthen the judiciary system to be the actual last
hope of every common man. By establishing stronger judicial independence with
judicial councils or changes to appointment procedure, establishing mandatory
retirement age for judges or enhancing independence of prosecution. And this
judicial reform has created a more reliable system of government.
4.7 The Entrenchment of Human Rights
in our Legislation:
Firstly, the establishment of the National Human Rights Commission (NHRC) in
1995 and subsequent legal provisions have sought to address human rights
violations and promote accountability in law enforcement. The act of making
human rights an enforceable part of the constitution has created an accountable
system for the country.
5.0
THE
RULE OF LAW IN NIGERIA
Constitutionalism and sanctity of
the rule of law principle is germane to effective governance, and security of
life and property. Rule of law is one of the attractions of democracy, which is, itself more than the people’s rule. It symbolizes a
meaningful and broad competition for public positions through periodic, free,
and fair elections, and as determined by the constitutional arrangement of the
country in question. The rule of law, underpinned by an independent judicial
system, implies a functional legal framework that helps to ensure settlement of
conflicts between the state and individuals on the one hand and among
individuals or groups on the other. It also helps to ensure respect for
property rights and contracts, while preventing the government and influential
individuals from acting capriciously[16].
Also, in its oversight functions, the judiciary serves as a check on the
excesses of the other arms of government, especially the executive. A review of
the activities of this arm, since 1960, reveals that it suffered “critical
oscillations and dwindling fortunes in development and performance”[17].
Lack of judicial independence and its associated ills, a recipe for
misgovernance and maladministration, has
been well pronounced especially during Nigeria’s long encounter with military rule. With
their preference for special military tribunals, successive
military regimes, therefore, relegated the role of the regular courts,
especially in corruption-related cases. However, in view of the arbitrariness
in the selection of the membership of the special military tribunals, their
activities were likened to “fighting corruption with corruption”[18].
This did not significantly improve even in the country’s several attempts to
democratize in the Second, Third, and Fourth Republics. Among the numerous
cases of abuse of the judiciary and the misapplication of the rule of law, some
that stood out are cited here for illustration. These include several
controversial judicial outcomes on cases in connection with the 1979
presidential election petition by Obafemi Awolowo of the then Unity Party of
Nigeria (UPN); the court verdict in favor of one unregistered Association for
Better Nigeria (ABN) in the eve of the 1993 presidential election, part of
which the then military president, General Babangida, cited as reasons for the
controversial cancelation of election results, and several ambiguous aspects of
the Code of Conduct provisions that were often abused by public office holders
who colluded with lawyers and several other judicial officials[19].
Disturbingly, the 17th-year old Fourth Republic, so far, the longest in the
country’s history, has recorded more brazen acts in the judicial arm. The National
Judicial Council (NJC) has, itself failed the integrity test, a number of cases illustrate this. One of such was between Justice
Aloysius Katsina-Aliu, then Chief Justice of Nigeria (CJN), and Justice Isa Ayo
Salami, then President of the Federal Court of Appeal. The latter, with
constitutional rights to set up election tribunals, had done so in respect of
several cases in the aftermath of the 2011 general elections. For reasons best
known to the CJN, he requested that the Sokoto State governorship election
petition be disbanded by Ayo-Salami. In view of the latter’s insistence on the
need for a convincing explanation, he was suspended from office and the CJN, as
chairman of NJC, “arrested the delivery of the tribunal’s judgment”[20].
After more than 5 years, during which the tenure of the office in question
expired, the judgment is yet to be delivered.
More poignantly, at least two
justices of the Supreme Court and five from federal high courts across the
country were arrested in October 2016, during a sting operation by the DSS,
over allegations of corruption. Although their prosecution is still ongoing, it
is curious that the NJC and a section of the country’s body of senior lawyers
raised so much objection when, in fact, some of the arrested judges had for
long maintained lifestyles that obviously could not have been be supported by
their legitimate earnings[21].
Incidentally, both the NJC and the body of senior lawyers existed while Ayo
Salami, the then President of the Federal Court of Appeal (PCA), was
ignominiously forced out of the judiciary for being courageous.
Similarly, nothing in the activities
and operations of the lawmakers significantly showed the kind of urgency
required by the serious security threats such as Boko Haram and Niger Delta
Avengers. Meanwhile, such threats, as reported by The Independent of London in
2016, accounted for the country’s poor showing despite its status as “one of
Africa’s most powerful economies”[22].
This also formed part of the reasons for the country’s classification, along
with war-ravaged countries such as Iraq, Libya, Sudan, and the Democratic
Republic of Congo, by the Legatum Institute’s 10th annual Global Prosperity
Index as “one of the 19 poorest, unhappiest, unhealthiest and most dangerous
nations in the world”[23].
Curiously, rather than concentrate on these and such others, both arms of the
National Assembly showed preference for the amendment of certain provisions in
the Code of Conduct Bureau/Code of Conduct Tribunal Act. This is apart from
several other issues such as the purchase of expensive official cars for all
the lawmakers and their huge allowances that are not in line with the country’s
current economic realities. The Code of Conduct Bureau and Code
of Conduct Tribunal, known as CCB/CCT Act, that was instituted to curtail
corruption, compel the declaration of assets by public officials and maintain a
high standard moral virtue in the conduct of government business was recently
amended by the parliamentarians[24].
The importance of maintaining highest standard of public officials is prevalent
in most parts of the advanced democratic world where top leaders are expected
to publish information about their assets, so as to maintain a standard of
morality and accountability in government businesses. Disturbingly, the
National Assembly commenced this amendment process while one of its principal
officers, the Senate President, Bukola Saraki, was standing trial before the
CCT over false assets declaration.
6.0
CONCLUSION/
RECOMMENDATIONS AND FINDINGS:
Nigeria’s postcolonial quest for
justice has been an arduous journey marked by significant legal reforms and a
steadfast pursuit of accountability. The nation's history, characterized by
colonial legacies, political instability, and systemic corruption, has
necessitated profound legal transformations to ensure justice and uphold human
rights. The introduction of various constitutional reforms, anti-corruption
legislations, and judicial restructuring have laid the groundwork for a more
accountable and transparent governance framework. However, these efforts have
been met with persistent challenges, including entrenched corruption, impunity
among state actors, and socio-political unrest, which continue to undermine the
efficacy of these reforms.
The findings indicate that while
Nigeria has made commendable strides in legal reform, the impact has been
uneven. The establishment of bodies such as the Economic and Financial Crimes
Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC),
along with significant legislative acts like the Money Laundering (Prevention
and Prohibition) Act 2022 and the Corrupt Practices and Other Related Offenses
Act 2000, has strengthened the legal framework against financial crimes and
corruption. Furthermore, the enhancement of electoral laws and the institution
of the Independent National Electoral Commission (INEC) have aimed at ensuring
more transparent and fair electoral processes. The reconstruction of the
judiciary to bolster its independence and reliability as the last hope of the
common man has been pivotal in promoting justice. Additionally, the
entrenchment of human rights in national legislation through the establishment
of the National Human Rights Commission (NHRC) reflects a commitment to addressing
human rights violations.
Despite these advancements, Nigeria
continues to grapple with significant obstacles. The vestiges of colonialism
and pervasive corruption remain formidable barriers to achieving a just and
equitable society. The recurring issues of impunity, political violence, and
socio-economic disparities further complicate the quest for justice. The
insurgency in the North East, marked by the Boko Haram crisis, and the militant
activities in the Niger Delta underscore the deep-seated challenges that
Nigeria faces in ensuring security and justice for its citizens. The historical
oscillations in the relationship between the judiciary and the executive, and
instances of judicial partisanship, highlight the ongoing struggle for a truly
independent judicial system.
To overcome these challenges and ensure
sustainable progress, it is imperative that Nigeria pursues a holistic and
integrated approach to legal and institutional reforms. This includes
strengthening the independence and capacity of judicial and anti-corruption
bodies, enhancing the transparency and accountability of electoral processes,
and fostering a culture of respect for human rights and the rule of law.
Additionally, addressing socio-economic inequalities and providing meaningful
economic opportunities for marginalized communities are essential to mitigating
the root causes of unrest and violence. A concerted effort to promote civic
education and engagement can also empower citizens to hold their leaders
accountable and participate actively in the democratic process.
[1] Wisdom T. Atuegwu, Editor-in-chief
[2] Favour I. Lazarus, Deputy Editor-in-chief
[3] Frankline Nweke, Executive Editor
[4] Victoria O. Okeke, Sub-Editor
[5] David E. Onyeachonam,
Sub-Editor
[6] Bankole O. Abigail,
Sub-Editor
[7] Wilfred S. Richard,
Sub-Editor
[8] Ralph Uwechue
Reflections on the Nigerian Civil War: Facing the Future (Africana Publishing
Corporation New York 1971) 3.
[9] A narrative of how the
cession came about is provided in Attorney General of Southern Nigeria v John
Holt and Company (Liverpool) Limited and Others [1915] A.C 1, 4-7.
[10] Interview with Nurudeen
Ogbara (lawyer, human rights and democracy activist) former Executive Secretary
of the National Association of Democratic Lawyers; former Chair, Nigeria Bar
Association, Ikorodu Branch (Lagos State); Lagos, Nigeria, 4 April, 2017. See
also Tunde I. Ogowewo ‘Why the Judicial Annulment of the Constitution of 1999
is Imperative to the Survival of Nigeria’s Democracy’ (2000) 44 Journal of
African Law 135.
[11] Fisayo Soyombo ‘Is
Nigeria on the Brink of Another Civil War? - On the 50th Anniversary of its
Bloody Civil War, Nigeria is Struggling to Prevent Another’ Al-Jazeerah
available at: https://www.aljazeera.com/indepth/opinion/2017/07/nigeria-brink-civil-war-170712131405928.html (accessed 07 July 2024)
[12] Amnesty International
Nigeria: Trapped in the Cycle of Violence (Amnesty International 2012);
International Crisis Group Curbing Violence in Nigeria (I): The Jos Crisis
(2012) Africa Report No.196
[13] Freedom Onuoha ‘Why Do
Youth Join Boko Haram?’ (2014) United States Institute for Peace Special Report
#348 1-12.
[14] 0 Onuoha ibid. For
analyses of the Boko Haram insurgency, see Andrew Walker ‘What Is Boko Haram?’
(2012) United States Institute for Peace Special Report #308; Azeez Olaniyan
and Lucky Asuelime ‘Boko Haram Insurgency and the Widening of Cleavages in Nigeria’
(2014) 7 (2) African Security 91-109; Oarhe Osumah ‘Boko Haram Insurgency in
Northern Nigeria and the Vicious Cycle of Internal Insecurity’ (2013) 23 (3)
Small Wars and Insurgencies 536-560.
[15] Samuel Ogundipe ‘How to
End Poverty, Illiteracy, Other Crisis in Northern Nigeria — Sultan, Onaiyekan,
Jega, Others’ Premium Times (02 August 2017 Abuja)
[16] Adamolekun, L. (2016,
November 14). ‘The idea of Nigeria: Two challenges—Unity in diversity and
prosperity’. Convocation lecture delivered at Lead City University, Ibadan,
Nigeria. Retrieved on 7th July, 2024
[17] Simbine, A. T., &
Oladeji, A. (2010). Overview, challenges and prospects of governance and
political development. In S. O. Akande & A. J. Kumuyi (Eds.), Nigeria at
50: Accomplishments, challenges and prospects (pp. 116-142). Ibadan: Nigerian
Institute of Social and Economic Research. Retrieved on 7th July,
2024
[18] Akinseye-George, Y.
(2000). ‘Legal system, corruption and governance in Nigeria’. Lagos,
Nigeria: retrieved from New Century Law Publishers. Accessed on 7th
July, 2024.
[19] Akinseye-George, Y.
(2000). ‘Legal system, corruption and governance in Nigeria’. Lagos,
Nigeria: retrieved from New Century Law Publishers. Accessed on 7th
July, 2024.
[20] Opadokun, A. (2016,
November 27). ‘Some of Buhari’s actions can’t be defended’. The Punch.
Retrieved from https://punchng.com/buharis-actions-cant-defended-opadokun/. Accessed on 7th
July, 2024
[21] Ibid
[22] Ibid p. 24
[23] Ibid
[24] Ibid
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