#TrackNigeria Because the judicial branch relies heavily on public support as much as on existing statutes to perform its role in our system of government, public trust and confidence is a precious commodity for the courts.
While many Nigerians have at least a moderate amount of trust in the courts, this is unequally distributed, as majority members tend to express less confidence due to their assessment of fairness within court procedures. Furthermore, contact with the courts appears to make very little difference in court perception, as most opinions about the courts appear to come from the media.
Almost every ruling by respective Tribunals and Nigerian courts that has to do with election matters for instance has sparked a heated controversy with some sections raising doubts suspicion that the judges of the could have been influenced by political factors and others rallying to the defense of the courts, asserting that the public suspicions about the motives of the judges are completely unfounded and unjustified.
I don’t intend to argue whether the judges in any particular case could have been subject to political pressure. While I agree that upholding the authority of the judiciary is instrumental in maintaining the rule of law, I do feel compelled to take issue with the notion that the public should never ever doubt the independence and impartiality of our judges.
In fact, the so-called “authority” of our courts of law stems entirely from the righteousness of the decisions they make; whether or not there is public criticism of our judges is irrelevant.
As long as our courts can convince the public that the rulings are fair and just, and that judges only take into account nothing but legal factors when making their decisions, the public will have trust in our judiciary.
If the public senses that our judges are not making their decisions fairly and impartially, they will inevitably have doubts about their motives. And even though the courts could reduce members of the public to silence temporarily by threatening them with contempt of court charges, silence does not mean the public trusts the courts.
It often takes years, if not decades, to build the authority of and public trust in any government institution including the judiciary, but at the same time, it only takes a very short amount of time to ruin everything.
That said, I believe the members of the legal profession who are truly committed to defending the authority of our judiciary and our rule of law should speak out against the courts over mistakes and call for immediate corrective actions rather than pointing the finger at the average individuals who blow the whistle on the questionable decisions by our judges.
At the end of the day, the authority of our courts rests upon public confidence in our judicial system, not public silence over perceived wrong and unjust rulings.
Turning a blind eye to an unjust decision made by the court might not have instant repercussions on society, but if we let things continue this way, judges may think they can disregard the oversight by fellow legal professionals. There could be more unjust decisions. Eventually, that will take an irreversible toll on public confidence in our judiciary.
Meanwhile, I notice that there has been a prevailing notion among the legal profession that our judges are always incorruptible and able to resist any form of external interference so much so that public oversight of our judiciary is unnecessary, and that nobody should ever have even the slightest shred of doubt about our judges’ impartiality and judgment.
However, I find their excessive and unquestioning confidence in this regard, incomprehensible and even irrational. Like everyone else, judges are humans, and as long as you are human, you can’t be completely immune to things like political pressure, or the temptation of using your power to serve your own agenda. And that is why judges need oversight.
And as rule of law is among the most treasured core values of democracy, I believe it is the responsibility of all citizens, not just the legal professionals, to uphold and defend the rule of law by staying vigilant and not hesitating to call out unjust or questionable decisions.
Perhaps members of our legal sector should focus more on how to restore public confidence in our judicial system rather than criticizing those who have the courage to cast doubts on the questionable decisions by our courts.
Suleiman, a journalist, writes from Abuja
