By Judah A. Ugweru, Esq.

The recent unconstitutional maneuvers aimed at altering the elected government in Rivers State present a clear and present danger to Nigeria’s democracy. The Nigerian Bar Association (NBA), the Nigerian Labour Congress (NLC), and other civil society and rights organizations must rise to the occasion to defend constitutional governance before these unlawful acts metastasize into a broader crisis that undermines the entire nation’s democratic foundation.

A Dangerous Precedent for Nigeria’s Democracy

The essence of democracy is the will of the people, freely expressed through elections. When unconstitutional means are employed to unseat duly elected governments, it sets a dangerous precedent that could lead to the gradual erosion of Nigeria’s democratic institutions. The current situation in Rivers State, where political actors seek to bypass democratic processes through judicial or extra-legal interventions, must be condemned in the strongest terms.

The Supreme Court and the Imperative of Upholding Democratic Principles

A crucial pillar of any democracy is an independent and impartial judiciary that serves as the guardian of constitutionalism. The role of the Supreme Court of Nigeria in adjudicating political disputes is particularly critical, as its judgments shape the trajectory of democratic governance. At this defining moment, the judiciary must reaffirm its commitment to justice, fairness, and the rule of law, ensuring that its decisions strengthen—rather than weaken—public confidence in democratic institutions.

The judiciary has an undeniable responsibility to act as an impartial arbiter, standing above political interests and ensuring that democratic processes remain sacrosanct. However, concerns have arisen over certain judicial pronouncements that appear to lend credence to political maneuvering rather than uphold the supremacy of the people’s will. A case in point is the controversial Supreme Court ruling on the Imo State governorship election, which altered electoral outcomes in a manner that many found difficult to reconcile with democratic principles.

Rather than being perceived as an enabler of political interference, the judiciary—especially the Supreme Court—must rise to the occasion by fortifying its role as the last hope of the common man and the ultimate defender of constitutional democracy. The court’s legacy should be one of unwavering commitment to justice, where every decision strengthens the people’s trust in the system. Judicial officers must, therefore, remain resolute in safeguarding democracy, resisting any pressures that could erode the credibility of the judiciary or compromise its independence.

This is an opportunity for the Supreme Court to reinforce its position as the beacon of justice, ensuring that its judgments are not only legally sound but also promote democratic stability. By doing so, the judiciary will reaffirm its historic duty to protect Nigeria’s democracy from any form of subversion and ensure that governance remains firmly rooted in constitutional tenets.

The Unconstitutional Ratification by the Nigerian National Assembly

Adding to the crisis is the unconstitutional ratification of illegitimate political maneuvers by the Nigerian National Assembly. Rather than upholding the sanctity of the Constitution and democratic principles, the legislature appears to be complicit in endorsing undemocratic actions that threaten the stability of governance in Rivers State. When a body meant to represent the people rubber-stamps unconstitutional acts, it deepens the erosion of democracy and emboldens political actors to act with impunity.

The Nigerian National Assembly must be reminded that its primary duty is to uphold and protect the Constitution, not to serve partisan interests. Any attempt to legitimize unconstitutional government changes through legislative maneuvers should be met with widespread condemnation and legal challenges.

The Responsibility of the NBA, NLC, and Civil Society Organizations

The NBA, as the bastion of democracy and the rule of law, must not remain silent in the face of judicial rulings that undermine democracy. Sylvester Udemezue, in his publication of April 7, 2021, emphasized that the NBA must do more than mere verbal condemnation of illegalities and unconstitutional actions by the government. Lawyers, who have sworn to uphold the Constitution, must demand greater judicial accountability and ensure that the courts remain an impartial institution for justice rather than a political tool.

The NLC, being the foremost advocate for the rights of Nigerian workers and the people, must also recognize that a compromised democracy directly affects workers’ rights. An unconstitutional government is often unaccountable and hostile to the interests of the masses. A silent NLC in the face of democratic subversion would be complicit in allowing governance structures that are anti-people to take root.

Civil society organizations (CSOs) play a critical role in fostering democracy, human rights, and good governance. Their continued vigilance and resistance against unconstitutional takeovers of elected governments are essential. They must mobilize public opinion, organize peaceful protests, and engage in strategic advocacy to ensure that democracy is not sacrificed on the altar of political expediency.

The Broader Implications for Nigeria

If the unconstitutional removal of a duly elected government in Rivers State is condoned, it will only embolden political actors to replicate such tactics at the national level. This will ultimately lead to the installation of unconstitutional regimes and the systematic dismantling of democratic structures. The silence of stakeholders today will be an endorsement of dictatorship tomorrow.

Nigeria must not return to the dark era of military-style governance where laws were disregarded, and political actors arbitrarily assumed control without the people’s mandate. The preservation of democratic principles is not a passive exercise but an active and continuous effort by all well-meaning Nigerians.

Conclusion

The Nigerian Bar Association, the Nigerian Labour Congress, and civil society groups must not be passive observers in this unfolding crisis. They must take decisive actions to safeguard democracy by:

  1. Challenging unconstitutional judicial decisions through legal and advocacy means.
  2. Organizing nationwide awareness campaigns on the dangers of judicial and political overreach.
  3. Mobilizing mass action against unconstitutional takeovers of government.
  4. Holding accountable those who attempt to manipulate democratic institutions for selfish gains.
  5. Ensuring that the NBA goes beyond verbal condemnation by initiating legal action against unconstitutional government actions, as emphasized by Sylvester Udemezue.
  6. Demanding that the Nigerian National Assembly rescind any unconstitutional ratification that further subverts democracy.

Democracy is not self-sustaining; it requires continuous vigilance and proactive defense against all threats. The time to act is now before it is too late.

JUDAH A. UGWERU, ESQ.

08032770374,connectjudah@gmail.com, connectjudah@nigerianbar.ng

LEGAL PRACTITIONER AND POLITICAL ANAYLIST, WROTE FROM, PORT HARCOURT

RIVERS STATE, NIGERIA. 26TH MARCH, 2025.

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