Prof. Chidi Anselm Odinkalu, a renowned human rights lawyer, delivered a scathing critique of Nigeria’s judiciary at the 4th C.O. Anah SAN Memorial Colloquium held at the Nigerian Bar Association (NBA) Headquarters Auditorium on May 29, 2025.
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In his keynote address titled The Independence of the Judiciary and the Guardianship of Human Rights, Odinkalu argued that Nigeria has never had a truly independent judiciary, tracing its systemic failures to colonial legacies and contemporary political interference. He urged citizens to hold the judiciary accountable through candid criticism to prevent its descent into irrelevance.
The colloquium honored Cyprain Okafor Anah, SAN, a multifaceted lawyer and former Onitsha Bar chair who would have turned 90 in 2025. Odinkalu, who briefly worked with Anah during the 2006 NBA presidential campaign, praised Anah’s egalitarian values, exemplified by his daughter Adaeze, the event’s organizer. He framed the discussion around Anah’s commitment to justice, emphasizing the judiciary’s role as a guardian of human rights in a fragile democracy like Nigeria.
Odinkalu described an independent judiciary as both inherently and instrumentally vital, serving as the state’s monopoly over legitimate dispute resolution. This monopoly, he argued, stabilizes society by ensuring justice, without which citizens may resort to self-help, undermining state authority. However, he lamented that Nigeria’s judicial integrity is faltering, citing the tumultuous tenures of recent Chief Justices of Nigeria (CJNs). Since 2011, only two of six CJNs served without controversy, with two others effectively sacked and the penultimate embroiled in scandals over politicized judicial appointments.
Quoting former Vice-President Yemi Osinbajo, SAN, Odinkalu stated that Nigeria’s judiciary is “crumbling under the weight of corruption, ethical violations, and poor standards.” He attributed this to a lack of true independence, asserting that colonial rule could not bequeath independent institutions. Instead, Nigeria inherited a myth of judicial independence, which has progressively deteriorated due to political subjugation and insider dealing.
Odinkalu underscored judicial independence as a peremptory norm of international law and a constitutional right under Section 36(1) of Nigeria’s 1999 Constitution, which guarantees fair hearings by independent courts. He cited the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance, which obligate states to ensure judicial independence. He outlined three elements of judicial independence: neutral adjudication, institutional insulation from political pressure, and effective coexistence as a separate government branch. However, he noted that political rulers often co-opt the judiciary to legitimize their authority, particularly in authoritarian contexts.
Rejecting defensive responses to judicial criticism, Odinkalu argued that the traditional deference to judges has collapsed due to widespread arbitrariness in appointments and judicial conduct. He referenced the 1959 International Congress of Jurists, which emphasized that judicial independence does not permit arbitrary actions but requires adherence to law and fundamental principles. He warned that ignoring the judiciary’s failings is more damaging than critiquing them, urging citizens to offer candid feedback to preserve its relevance.
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Odinkalu highlighted his forthcoming book, The Selectorate, which details the historical absence of judicial independence in Nigeria and its worsening trajectory. He expressed hope that the colloquium, featuring a retired Kogi State High Court judge and law professor.
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