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The judiciary’s pivotal role in fostering democracy in Nigeria, by Mahmud Shuaibu Ringim

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Since the inception of democratic governance in Nigeria in 1999, the country has maintained a steady course, a stark contrast to its turbulent history of military interventions and constitutional changes prior to that period. Throughout this arduous journey towards democracy, the Nigerian judiciary has stood as a steadfast institution, undeterred in the pursuit of its vital role as the guardian of justice.

During the era of military rule, legal luminaries, both from the bar and the bench, played pivotal roles in crafting and amending Nigeria’s constitution. For instance, Professor Nwabuze, a renowned constitutional lawyer, was instrumental in drafting the decree that transitioned Nigeria from a parliamentary system to a centralized presidential structure. This transition significantly shifted the balance of power between the federal and regional governments, setting the stage for ongoing discussions on restructuring and resource control. The judiciary has remained a significant player in shaping Nigeria’s destiny.

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In 1978, Chief Rotimi Williams chaired the Constitution Drafting Committee, recommending the adoption of the presidential system. Later, Justice Udo Udoma presided over the Constituent Assembly, which approved the 1979 constitution, eventually amended into the 1999 constitution. The judiciary’s influence in settling electoral disputes has also been profound. The Supreme Court’s decision in 1979, which upheld Alh Shehu Usman Aliyu Shagari as Nigeria’s President, underscored the judiciary’s commitment to interpreting the constitution justly.

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More recently, former President Muhammadu Buhari sought redress from the courts when he believed victory was denied to him, ultimately leading to his electoral success in 2015. The Supreme Court, particularly, consistently overturns lower court decisions on election matters, ensuring justice is served based on the law and facts. As Nigeria approaches another season of judicial intervention, it is vital for the judiciary, including the Court of Appeal and the Supreme Court, to make impartial decisions that uphold the electoral act, INEC’s guidelines, and the provisions of the 1999 constitution.

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In an increasingly globalized world, the judiciary’s actions are under international scrutiny, especially concerning high-profile cases involving the President of Africa’s largest economy. It is a testament to the judiciary’s integrity that evidence from foreign courts may influence the outcome of a case. The Nigerian judiciary is on trial in the international arena, where the verdict of a foreign court could impact the judgment of a sovereign nation. Hence, it is imperative that this process strictly adheres to the law and Nigeria’s constitution.

As Nigerians, we should offer prayers for our honorable justices to make impartial judgments, devoid of any sentiment, guided by their knowledge and wisdom. Nigeria’s judiciary has matured into an institution that cannot be intimidated or threatened, dedicated to delivering justice as prescribed by the law. In conclusion, the judiciary’s role in strengthening democracy in Nigeria is undeniable, and its legacy should be one that future generations will admire, with the footprints of these honorable justices left indelibly on the sands of time.

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Mr Ringim can be reached at mahmudshuaibu44@gmail.com

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