By Elder Akinwunmi Julius Olaiya

The title of this piece may sound alarming and far-fetched, but I am not fear-mongering or sabre-rattling on behalf of the Nigerian military. As someone with insight into the workings of the Nigerian Judiciary, I can unequivocally state that the ongoing hate rhetoric against this arm of government is unprecedented and foreboding. As those behind the orchestrated campaign intensify their efforts, the very fabric that binds Nigeria’s democracy may fray and snap. Here is my concern.

Firstly, the hate campaigners have a clear target in mind. They are intent on manipulating the Judiciary to dispense justice according to their dictates and desires. Any outcome that deviates from their predetermined notion of justice will be unacceptable to them. Should their appeals from lower courts also yield results contrary to their desires, their next steps could be ominous. Those who seek regime change, no matter the cost, may resort to self-help in achieving what they cannot attain through legal means. When achieving constitutional government replacement becomes unattainable, the path to change often leads to instability.

Secondly, with the Nigerian Judiciary being persistently attacked by a segment of the political class, it is possible that even pronouncements from the Supreme Court will soon be deliberately ignored by individuals and political factions. Although judgments from the apex court have been questioned and even disregarded by the previous administration under President Muhammadu Buhari, there has been no precedent of its electoral orders being disobeyed. However, the ongoing campaign of resentment against the Judiciary by hate campaigners could potentially lead to a situation where the orders are defied. It wouldn’t be surprising if, after the Supreme Court renders its judgment on the Presidential Election Petition of this cycle, the dispute escalates to international courts such as the ECOWAS Court or even the World Court at The Hague.

Already, one facet of the dispute is being aggressively contested within the United States judiciary. Neglecting to prioritize and strengthen our institutions, especially critical ones like the Judiciary, due to political considerations could have dire consequences for us all.

The day Supreme Court judgments lose their authority, regardless of any vulnerabilities they might have, marks the point where we risk discarding the foundational principles along with the institution itself. Constitutional order cannot exist without a Judiciary that possesses constitutional legitimacy. Once the populace begins to willingly ignore the Judiciary, the end of constitutional order is nigh. The chaos that follows may well signal the advent of a regime change.

Thirdly, we often forget that the judges being assailed are humans with emotions. They feel the heat of continuous vilification, and the security agencies’ apparent inaction against this hate campaign is disconcerting. This campaign goes against the law, particularly the Cybercrime Act of 2015. The attackers have progressed from mere media hit pieces to exposing judges and their families to potential harm by fanatical supporters of political parties. Can we reasonably expect these judges to remain silent and endure their privacy being violated while their loved ones are exposed to danger?

It would be unjust to assume that the status quo will endure indefinitely. People fight back with the tools they have. If those attacking the system relentlessly continue to do so without restraint, the Judiciary may soon feel compelled to fight back in defense of its integrity. An aggrieved Judiciary, if pushed to its limits, could unleash a force that those operating within the system and the political class might not fully comprehend. The Constitution bestows formidable power upon the Judiciary, not just in Nigeria but across the world.

With a single pronouncement, the United States Supreme Court (SCOTUS) nullified Washington’s authority in abortion matters by overturning the infamous Roe v. Wade after half a century. Have we forgotten the case of a governor-elect who was prevented from taking office just hours before his inauguration by the Nigerian Supreme Court (SCON)? Those vilifying the system understand their target: the legitimacy of a vital arm of government. Once the Judiciary’s credibility erodes in the court of public opinion, the rest becomes easy to manipulate, as the constitutional order collapses.

Am I suggesting that the Nigerian Judiciary is flawless? Far from it, and no jurisdiction worldwide can make such a claim. When the Supreme Court of the United States invalidated abortion rights, President Joe Biden and other leaders of the Democratic Party criticized the decision. While the ruling was painful to them, they did not turn it into a daily affair of targeting the Judiciary. Instead, they exploited the unfavorable ruling for political advantage, using it as a potent campaign tool against their opponents.

The issues at the heart of the presidential election petition have been thoroughly ventilated. Regardless of court rulings, astute politicians can capitalize on the debates between parties during future campaign activities. If today’s proceedings don’t go their way, perceptive politicians can extract considerable political capital from the issues discussed, similar to how the Democratic Party is using the unfavorable abortion judgment in the United States.

Losing can be painful, especially when one believes they have been wronged. However, justice cannot be served based on personal inclinations. It’s time for us to let patriotism guide our objectives, as Nigeria’s preservation is essential for ambitions to flourish. Without a Judiciary, there can be no constitutional Nigerian society.

Unless we are dealing with chronic anarchists, these attacks must cease immediately. As the Chinese say, you can’t get fat by taking just one mouthful. By destroying the legitimacy of the Judiciary, we risk throwing away the baby with the bathwater, as constitutional order hinges on a legitimate Judiciary.

Elder Akinwunmi Julius Olaiya Lives In Lagos And Abuja.
08096054176 (Whatsapp Only).