Judges and Political Influence – A misguide to Democratic Growth, Ways and Means to be Prudent; a Panacea to National Growth as opined by the APGA National Chairman, Barrister Sly Ezeokenwa – Written by NDUKA ANYANWU
“It’s not what happens to you, but how you react to it that matters.” – Epictetus
Judges and political influence can be a toxic mix, undermining the very foundations of democracy. When judges are swayed by political pressure, it erodes the public’s trust in the judiciary and compromises the rule of law. With a few notable exceptions, democratic governance in Nigeria has experienced a gradual decline in the past decade
with adverse impacts on political stability. Growing evidence of a democratic regression includes tenure extensions by some democratically elected leaders through the manipulation of constitutional or legislative amendments, intimidation of
opposition parties and independent media organisations, and declarations of victory after flawed or controversial elections as well as misrepresentation of clauses in the constitution that buttresses decampment and lack of integrity of both some politicians and judges
The Problem with Political Influence
In some states, judges are elected/screened by the legislature, which can lead to a conflict of interest, which has raised concerns about judicial independence. Similarly, attempts to scrap non-partisan judicial nomination processes, can politicize the judiciary and favor judges with partisan loyalty over qualifications.
Consequences of Political Influence
The consequences of political influence on the judiciary can be far-reaching. It can lead to:
- Selective Justice: Judges may favor certain groups or individuals based on political affiliations rather than upholding the law.
- Undermining Democratic Institutions: Political influence can erode the credibility of the judiciary, damaging the democratic system as a whole.
- Loss of Public Trust: When judges are seen as politicized, the public loses faith in the judiciary’s ability to deliver impartial justice.
Ways to Be Prudent
To mitigate the impact of political influence on the judiciary, consider the following:
- Independent Judicial Selection Processes: Ensure that judges are selected based on merit, rather than political connections.
- Non-Partisan Judicial Nomination: Implement commissions that prioritize judicial qualifications over political affiliations.
- Judicial Accountability Mechanisms: Establish robust mechanisms to hold judges accountable for any impartiality or misconduct.
- Transparency: Ensure that judicial selection processes are transparent and free from political interference.
Strengthening Democratic Governance/Promoting Democratic Growth
To strengthen democratic governance and prevent the judiciary from becoming
politicized, it’s essential to:
- Promote Transparency: Ensure that judicial selection processes are transparent and free from political interference.
- Support Independent Judiciary /Media: Encourage independent of the Judiciary and media to hold the judiciary and politicians accountable.
- Foster Civic Engagement: Educate citizens about the importance of judicial independence and encourage participation in democratic processes.
- Democratic Leadership: Efficient and effective leadership, political stability, and adequate political education are essential for democratic growth.
- Equal Opportunities: Ensure equal opportunities for all citizens, irrespective of regional and sectional differences.
- Adherence to the Rule of Law: Uphold the rule of law as a supreme article of faith in democracy.
Conclusion
As with all crises, the wave of political instabilities currently confronting Nigeria offers an opportunity to reflect, review and re-strategize toward the Nigeria we want to prevent further disintegration of human rights and democracy. As citizenry become
more politically informed and aware, and more willing to use tools of resistance, their tolerance for misgovernance is dwindling and becoming more open to exploitation by political opportunists. As such, there is a need for transformative change, starting with the more equitable and meaningful participation of all in consolidating democratic governance, stability and economic prosperity.
By implementing these measures, we can reduce the impact of political influence on the judiciary and promote democratic growth.
Note: This article is written on behalf of Barrister Sly Ezeokenwa, the APGA National Chairman.
