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Friday 9 December 2016

Biafra: Buhari Has Monopolized The Nigerian Judiciary: Rendering Judges Useless

December 09, 2016

It is needless to continue to emphasize that the entire system in any nation or Nigeria for that matter, relies on her judicial system in being able to keep the government within its limited constitutional boundary by delivering an appropriate and standard judgments on matters concerning them.

That was why they supposedly have to be “independent”. In other words, the entire purpose for having an independent judiciary is to ensure that the court felt free to say “NO” to any government that has overstepped its constitutional boundary, which the Buhari-led Nigerian government must understand.

Read also:Biafra: FG Has No Witnesses Against Nnamdi Kanu, We Have Other Options To Ensure He is Released Soon— Barr. Ejiofor

“Yes”, means allowing the other branches to do things they are not constitutionally permitted to do and “No” means that the court steps up and says, “you can’t do that, it is not constitutional.” You don’t need to be independent in order to say yes. There is no controversy in a ‘YES’. Everyone is always free to say yes! But the main issue here is setting up a system where the court feels free to say “NO”, without fear or favour.

So, an independent judiciary’s advantage is that it is free to say no to the other branches in order to protect the peoples’ rights because they cannot be removed.

Here’s another way to think about it. Whatever action the government takes is either constitutional or unconstitutional. And the court can either uphold an action or strike it down.


Indeed, the Buhari-led administration has claimed the power to be judge, jury and executioner in most cases they have pending in Nigerian courts since his coming to power. The Nigerian judiciary has been hijacked by the executive powers.

Now, in the case involving the IPOB leader, Nnamdi Kanu, the Federal government is seeking the approval of the court to presents masked witnesses and go into secret trial in an open case which they have convicted and made known his charges in the general public. This is showing that either they don't have any witnesses or that the evidence they seek to present is false.

The Nigerian Constitution is morally wounded.  While the war on terrorism, corruption, etc, are commonly cited as an excuse, most of the attacks on our rights started before 1960s. And Nnamdi Kanu  warned one year ago that open-ended wars gives the Executive an excuse to take away our liberties.

Read also:Biafra: “Nigeria is Labouring Under Curse, Release Nnamdi Kanu And Stop Deceiving Nigerians”— Prophet Nwoko Lambasts Buhari, Obasanjo And S-West Religious Leaders

Two former Nigerian Supreme Court Justices have warned that Nigeria is sliding into tyrannical rule. A former Nigerian president, and many other ‘high-level’ Nigerian officials agreed to this fact.

In addition to attacks on the judiciary by President Buhari and his DSS, judges are voluntarily gutting the justice system and laying down in lapdog-obeisance to Buhari.

For example, the Supreme Court ruled that if judges don’t like plaintiffs’ allegations of bad government actions, the judge can simply pre-judge and throw out the lawsuit before even allowing the party to conduct any discovery to prove their claims. This guts years of Constitutional law, and makes it extremely difficult to challenge harmful government actions in court.

Nigeria apparently has a dual justice system– one for ordinary people and then one for people with money and enormous wealth, influence and power”. Indeed, most Nigerians have less access to justice than Botswanans and more abused by police than Kazakhstanis.

The world have to watch keenly at the numerous judicial blunder committed in Nigerian court under the influence of Muhammadu Buhari who has desecrated the independence of the judiciary and the right for common people to obtain justice in Nigeria.

By Ejike Ofoegbu
Edited By Chukwuemeka Chimerue
Published By Nwosu C.S
For Biafra Writers

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