The President of the Enugu State Customary Court of Appeal, Justice George Chibueze Nnamani, has called for urgent structural reforms to strengthen judicial independence in Nigeria and across West Africa, warning that executive control over judicial finances and disregard for court decisions weaken the rule of law and create conditions for corruption.
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Justice Nnamani made the call while delivering the keynote address at the Civil Society Week for West Africa 2026, organised by Spaces for Change in Enugu.
Speaking on the theme, “Strengthening Judicial Protection of Civic Space in West Africa,” in an address titled “Separation of Powers: How Many Powers and How Separate?”, the judge criticised what he described as the increasing dominance of the executive over the legislature and judiciary across the sub-region.
“While the executives bestride the governmental landscape like colossi, the legislatures and the judiciaries peep under their huge legs like midgets, like the Lilliputians of Lilliput under their huge legs,” Justice Nnamani said.
He likened the modern West African executive to an “Orwellian Napoleon,” arguing that constitutional safeguards are frequently weakened in a manner that reduces the other arms of government to subordinate institutions.
According to him, the judiciary operates under immense pressure, particularly in cases involving national security, terrorism and elections.
Justice Nnamani said judges now work in what he described as a “terrified sub-region” confronted by terrorism, kidnapping and banditry, while also having to determine cases arising from laws that confer broad powers on the executive.
He warned that anti-terrorism legislation could be misused against political opponents if adequate judicial safeguards are not maintained.
Referring to observations attributed to Justice Alaba Omolaye-Ajileye, Nnamani questioned the protection available to citizens and judicial officers where broad terrorism laws are invoked against persons who may not be involved in terrorism.
“So, how protected are innocent people from wrongful accusation of terrorism, especially by political opponents? How protected are the judges themselves as they tread this gutsy adjudicatory path?” he asked.
The judge also criticised what he described as the “judicialisation of elections,” arguing that failures in the electoral process increasingly compel courts to determine disputes that should ordinarily be resolved at the ballot box.
He said the judiciary was being forced to make a “sport” of elections because of failures to conduct free, fair and credible polls.
Justice Nnamani also raised concerns about violence surrounding elections, including the deployment of security agencies, ballot snatching, vote buying, bribery and alleged manipulation of electoral databases.
Using biblical and literary imagery, he described electoral malpractices as “legions of demons” confronting the democratic process.
“Until these demons are exorcised, anyone waiting for a developed West African sub-region is, like Samuel Beckett’s tragicomic characters, Vladimir and Estragon, waiting for Godot!” he said.
Turning to the financial independence of the judiciary, Justice Nnamani described financial autonomy as the “crankshaft of the rule of law.”
He cited Section 121(3) of the 1999 Constitution and referred to the 2014 decision in JUSUN v NUC, in which Justice Adeniyi Ademola held that funds meant for the judiciary should be paid directly to the heads of courts rather than released piecemeal by state governors.
According to Nnamani, continued disregard for the principle of financial autonomy has weakened the judiciary and undermined its institutional independence.
He lamented that the judgment has been widely ignored, describing the effect as the “emasculation of the judiciary” and warning that such disregard for judicial decisions contributes to societal decay and corruption.
Justice Nnamani argued that a judiciary that depends financially on the executive cannot enjoy full independence, adding that the continued failure to implement constitutional and judicial directives on funding remains one of the greatest threats to the justice system.
He compared the struggle for an independent judiciary to George Orwell’s Animal Farm, where the dream of a better future ultimately collapsed.
The judge, however, praised Enugu State Governor, Dr. Peter Mbah, for implementing financial autonomy for the state judiciary.
He contrasted the situation in Enugu with jurisdictions where, according to him, judges are treated like Oliver Twist, “fed with watery soup” and punished for asking for more resources.
Justice Nnamani maintained that financial autonomy should not be regarded as a privilege for judges but as a necessary safeguard for citizens whose rights depend on an independent and properly functioning court system.
He also warned that deliberate refusal to obey court judgments weakens public confidence in the justice system and encourages a culture in which institutions and individuals feel free to disregard the law.
Quoting Emperor Haile Selassie’s 1963 address to the United Nations, Justice Nnamani concluded that lasting peace would remain difficult to achieve until the idea that one arm of government is superior to the others is abandoned.
He called for stronger respect for constitutional separation of powers, implementation of judicial decisions and genuine financial independence for the courts as essential foundations for the protection of civic space, democratic stability and the rule of law.
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