In a recent interview with Vanguard’s Law & Human Rights, Chief Mike Ahamba, a Senior Advocate of Nigeria with over 50 years of legal practice experience, expressed grave concerns about the attempts by politicians to influence the decisions of the court, warning that Nigeria may soon collapse if this trend continues unchecked.
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Ahamba pointed out several worrying developments in the judiciary, including the disregard for precedent by some judges, the emasculation of local government powers by state governors, and the National Judicial Council’s (NJC) limited power to discipline erring judges on its own initiative.
Commenting on the practice of state governors appointing caretaker committees instead of conducting elections to fill vacant elective positions at the local government level, Ahamba criticized the proviso to Section 7 of the 1999 Constitution, which empowers state Houses of Assembly to make laws for the establishment, structure, composition, finance, and functions of local governments. He lamented that this practice has killed the local government system, which was supposed to take care of rural development, and noted that amending this section of the Constitution is difficult due to the influence of governors over state lawmakers.
Regarding the recent civic reception organized in celebration of a newly appointed Justice of the Supreme Court, Justice Nwosu Chioma-Iheme, in Owerri, Ahamba clarified that the event was hosted by lawyers and retired justices, and not by politicians as some critics had suggested.
Addressing the issue of High Court judges struggling for jurisdiction and issuing conflicting orders or decisions in sensitive political cases, Ahamba stated that such actions amount to judicial misconduct and should be reported to the NJC. He emphasized that the judiciary is the only institution remaining that can save the country, and urged his colleagues to call themselves to order.
Ahamba also expressed concern over the declining respect for the principle of stare decisis, which he attributed to the influence of election petition proceedings. He warned that failure to follow this principle would lead to indiscipline and disorder in Nigeria’s jurisprudence.
On the role of the NJC in sanitizing the system, Ahamba clarified that the body cannot assume jurisdiction without a complaint being brought before it. He called on victims of judicial misconduct to come forward and file complaints with the NJC.
In conclusion, Ahamba stressed the need for Nigerians to leave the judiciary alone and stop trying to influence judges, warning that the country may be heading towards a precipice if this trend continues. He urged all parties to respect the decisions of the Supreme Court and follow the proper channels for appealing lower court rulings.
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