At the special session of the Supreme Court marking the commencement of the 2025/26 legal year and the swearing-in of 57 new Senior Advocates of Nigeria (SANs), Nigerian Bar Association (NBA) President Mazi Afam Osigwe, SAN, delivered a pointed address highlighting systemic challenges within Nigeria’s judiciary. His speech underscored cases he described as emblematic of abuse of power, undue delays, and erosion of public confidence in the justice system.
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Osigwe focused on two prominent instances: the prolonged appeal of lawyer Bright Ngene in Enugu State and the controversial remand order issued by Chief Magistrate Obinna Njemanze of the Owerri Magistrate’s Court in Imo State. While touching on broader issues such as bail abuses and the judicialization of political disputes.
On the Enugu State case, Osigwe expressed concern over Ngene’s delayed appeal following his conviction by a magistrate court. He detailed repeated recusals by judges, noting that the presiding judge recused himself on the day the verdict was scheduled, and the reassigned judge, Honourable Justice Oluedo, later did the same. “The prolonged delay in determining the appeal gives an impression of a deliberate effort to ensure that his appeal is never heard,” Osigwe said, warning that such delays violate Ngene’s right to a fair and timely trial and undermine public confidence in the judiciary.
Quoting Lord Atkins from the 1941 UK case Liversidge v Anderson, Osigwe emphasized the role of judges as guardians of liberty: “The judges are no respecters of persons, and stand between the subject and any attempted encroachments on his liberty by the executive.” He further invoked an African proverb, stating, “If the crocodile eats its own eggs, what then will it do to the flesh of the frog?” to stress the dangers of judicial complacency.
Turning to Imo State, Osigwe criticized Chief Magistrate Obinna Njemanze for remanding lawyer Chinedu Agu to the Owerri Correctional Centre on charges including cyberstalking, criminal defamation, and incitement linked to opinion articles critical of the state government. He argued that the remand order reflected how courts are being used to suppress dissent and political criticism. “This abuse… brings to the front-burner the involvement of our courts in enabling political oppression, emasculating free speech and putting the bail process to the wrong use,” he said.
Osigwe also condemned practices where courts impose onerous conditions on bail, effectively prolonging detention in bailable cases, particularly under Section 24 of the Cybercrime Act (as amended in 2024). He urged chief judges to employ Section 187 of the Administration of Criminal Justice Act to license corporate bondspersons, streamlining bail procedures and preventing abuse. He referenced the landmark 1985 Court of Appeal decision in Arthur Nwankwo v The State, which quashed sedition charges against a government critic, reaffirming freedom of expression.
While praising Chief Justice Kudirat Kekere-Ekun’s reforms, including digital enrollment for new lawyers, Osigwe stressed that more work is required to combat perceptions of corruption, echoing concerns voiced earlier in 2025 by the Sultan of Sokoto. He called for electronic court proceedings, e-filing amendments, and special sessions for appeals from the Legal Practitioners Disciplinary Committee.
The NBA President reiterated the association’s commitment to investigating ethical breaches among lawyers and emphasized the need for inclusive SAN conferment guidelines. “Swift and decisive justice reinforces the Court’s role as the stabilizing anchor of our democracy,” Osigwe concluded, warning that cases like those of Ngene and Njemanze must not become symbols of a faltering system.
Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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