The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, has called for strict adherence to the rule of law following the Supreme Court’s judgment on the political crisis in Rivers State. In his first official reaction, Osigwe emphasized that the ruling of the Supreme Court is final and binding on all parties, regardless of personal opinions or political interests.
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Governor Sim Fubara of Rivers State, in compliance with the Supreme Court decision, has directed all local government chairmen to step aside and hand over to the heads of the local government administration. The court had previously nullified the election that brought these chairmen into office. Despite his compliance, Governor Fubara expressed disagreement with the ruling but affirmed his commitment to abiding by it.
Osigwe, SAN, likened the governor’s response to the 2000 U.S. Supreme Court ruling that effectively handed victory to George W. Bush. He commended the governor for upholding the judiciary’s authority, stating, “It doesn’t matter whether a party likes a judgment or not; what matters is that parties abide by it.” He further warned against the selective obedience of court rulings and the use of foul language against the judiciary, emphasizing that all judicial decisions must be respected.
On the broader implications of the case, Osigwe noted that the judiciary’s involvement in political disputes is unavoidable when political actors fail to resolve conflicts amicably. He stated that while some believe such matters should not be taken to court, the judiciary exists to adjudicate disputes between individuals, political parties, or government entities. He maintained that where a court ruling is made, all parties must comply, irrespective of political sentiments.
Addressing concerns about judicial integrity, Osigwe refuted claims that courts are being manipulated, stating that until concrete evidence of such interference is provided, such allegations remain speculative. However, he acknowledged the growing burden on the judiciary, particularly regarding the prioritization of political cases over commercial, criminal, and fundamental rights cases. He called for judicial reforms to prevent political disputes from clogging the courts and delaying justice for other litigants.
Osigwe further advocated for significant reforms in Nigeria’s judicial system. He suggested that pre-election matters should no longer be justiciable, arguing that political parties should resolve their internal disputes without resorting to litigation. He also proposed restricting the types of cases that reach the Supreme Court, allowing it to focus only on constitutional and precedent-setting matters. Drawing from the U.S. legal system, he recommended that the Supreme Court should have discretion over which cases it hears rather than being mandated to adjudicate all appeals.
Regarding the slow pace of justice delivery, Osigwe highlighted the need for technological advancements in court processes to reduce delays. He emphasized that the overwhelming caseload on judges—sometimes requiring the writing of up to 75 judgments per year—compromises the quality of decisions. He called for better case management and systemic adjustments to ensure justice is served efficiently.
Finally, Osigwe addressed the recurring issue of court order disobedience, noting that while instances of deliberate defiance persist, it is crucial for all stakeholders, including government agencies, to respect judicial pronouncements. He urged for a national conversation on judicial reforms to create a more effective and respected legal system in Nigeria.
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