Nigerian Judiciary Faces Integrity Crisis Amid Conflicting Judgments

The Nigerian judicial system is grappling with a severe integrity crisis as conflicting court judgments undermine public confidence in the legal landscape. Despite the principle that courts of coordinate jurisdiction should not overrule one another, recent events have highlighted numerous instances of contradictory and counter-orders from various courts. This troubling trend is raising serious concerns about the reliability of the judiciary, which is often seen as the last hope of the common man.

Courts of coordinate jurisdiction are legally bound not to overrule each other. Aggrieved parties have the constitutional right to appeal to a higher court, and no court of coordinate jurisdiction should give directions over its equal. However, this principle has been repeatedly breached, resulting in a flood of conflicting judgments that have shaken the public’s trust in the legal system.

A prominent example is the emirate tussle between Aminu Ado Bayero and Muhammadu Sanusi II in Kano State, involving both federal and state high courts. The Kano State Governor, Abba Yusuf, reinstated Sanusi as the Emir of Kano after repealing the Kano Emirate Council Law 2019 and enacting the Kano State Emirate Council Law 2024, which merged the emirates. This led to a series of conflicting orders from various courts, creating confusion and undermining the judicial process.

On May 23, 2024, Justice A.M. Liman of the Federal High Court in Kano issued an ex parte order suspending the implementation of the new law. Just days later, Justice Amina Aliyu of the Kano State High Court issued another ex parte order restraining Bayero from acting as the Emir of Kano. Subsequently, Justice S.A. Amobeda of the Federal High Court in Kano affirmed Justice Liman’s order, further complicating the situation.

Similarly, in Kogi State, former Governor Yahaya Bello sought protection from arrest by the Economic and Financial Crimes Commission (EFCC). While Justice Isa Jamil of the Kogi State High Court issued orders restraining the EFCC from arresting Bello, the EFCC obtained an arrest warrant from Justice Emeka Nwite of a Federal High Court in Abuja, resulting in conflicting judicial directives.

In Rivers State, the political crisis saw two federal high courts in Abuja issue contradictory orders concerning the state’s appropriation bill and the recognition of the House of Assembly’s leadership. Justice James Omotosho nullified the budget passed by a faction of the House, while Justice J.O. Abdulmalik ordered all parties to maintain the status quo, further muddying the waters.

Legal experts have voiced their dismay over these developments. Rotimi Jacobs (SAN) described the situation as an embarrassment caused by senior lawyers seeking contradictory orders. He emphasized that such actions undermine the judiciary’s credibility and highlighted the lack of consequences for those involved.

Chief Mike Ahamba (SAN) called for the immediate retirement of any judge who issues an order contradicting an existing one from a court of coordinate jurisdiction, while human rights lawyer Chief Malcolm Omirhobho labeled the practice as an abuse of the court process.

The Nigerian Bar Association (NBA) has also condemned the spate of conflicting judgments, urging the heads of the affected courts to petition the National Judicial Council (NJC) for disciplinary action against the erring judges. The NBA stressed that the integrity of the judiciary must be preserved to maintain public trust in the legal system.