By Psychologist John Egbeazien Oshodi
President Bola Tinubu, as a concerned Nigerian-born person, I am obligated to shout out and bring this issue of judges’ involvement in law enforcement to your attention openly.
Judges have increasingly overstepped their bounds in recent years, interfering with law enforcement activities conducted by the police, the State Security Service (SSS), Financial Crimes Commission (EFCC) and others.
During and around the end of the Buhari presidency, which appeared to be a dictatorial or authoritarian kind of ‘democracy,’ some in the court operated as authoritarians, resulting in an environment marked by judicial overreach and rogue judges. Just take a look at these headlines:
“Dec 29, 2022 — Abuja court (Justice M. A. Hassan, following an earlier order by Justice J.T Tsoho,) bars SSS from arresting, detaining or interrogating CBN Gov over alleged terrorism financing and economic crimes.”
“Jun 15, 2023 —Nigeriacrime: Dollar Videos: Stop EFCC From Probing Me – Ganduje …”
Mr. President, law enforcement agencies like the SSS was able to carry out their constitutional duties and arrest the former CBN Governor Godwin Emefiele only after your 29 May inauguration as president of Nigeria and the ushering in of a more democratic environment, I hope. It appears that Nigerian judges are reining in their previously expansive attitudes and actions.
I am sure Nigerians were happy to see this headline, “Nigeria: June 12 – Tinubu Warns Against Using Court Orders to Truncate Democracy”.
In your era, I pray, rogue and imposing judges would learn (the hard way, like pepper dem) that their actions have serious consequences.
These long patterns and kinds of interference undermines the integrity of our judicial system and poses a danger to the separation of powers. Urgent action is required to find a solution to this problem and establish a clear chain of command between the courts and the police.
When judges are allowed to interfere in police activity, many issues occur. To begin with, it taints the integrity of the justice system by injecting bias into it. When people lose faith in the legal system, the rule of law suffers.
Such interference slows down and inefficiently administers justice. Judicial officials may exceed their jurisdiction by interfering with an investigation or the prosecution’s judgment. These procedures lengthen the time it takes for justice to be served to the people of Nigeria.
During your presidency clarifying the roles of the court and the police can help safeguard separation of powers and institutional autonomy as such will help stop judicial invasion and disturbances to police and law enforcement work.
As a matter of urgency, we need updated Judicial education and ethics training by providing seminars for judges to teach them about the inner workings of the criminal justice system. People will have a better grasp of their own limits of authority and thus have more respect for the roles played by other institutions.
My professional opinion is that the court system and the police force and other law enforcement systems should work together to promote communication and collaboration. When both sides are able to maintain their identity while communicating with one another, productivity increases.
In your time, judicial accountability and review systems should be reinforced, and any complaints of judicial misconduct should be thoroughly examined, and the findings made public.
I am certain that fast action will be regarded as necessary during your tenure to reduce court involvement in law enforcement actions in order to improve our justice system, uphold the rule of law, and encourage public trust in our institutions.
Mr. President, as you are well aware, Nigeria is a country of over 200 million people that is slowly becoming democratic, raising the question of whether true regional autonomy is required. This brings me to another legal issue. Decentralizing Nigeria’s National Judicial Council (NJC) and allowing regional authority. Nigeria’s large population and regional variety bring distinct issues and considerations.
Mr. President and the leaders of the national assembly there is need to know that decentralizing the NJC and granting regional autonomy can have potential advantages. Nigeria is a diverse country with distinct regional identities, cultures, and legal traditions. As such granting regional autonomy in judicial matters can allow for greater representation and sensitivity to the specific needs and values of different regions; localizing judicial processes can lead to more efficient administration of justice, as local authorities are often better equipped to handle local issues and understand the intricacies of their communities.
This can potentially result in faster and more accessible justice for citizens; decentralization can encourage the development of regional expertise and specialization in legal matters. Each region can focus on specific legal challenges or issues relevant to their context; with decentralization, regional judicial bodies can address the caseload within their jurisdictions more effectively, potentially reducing the backlog of cases and improving the speed of justice delivery; ensuring a balance between regional autonomy and maintaining a harmonized legal framework at the national level is crucial; and decentralization would require adequate resources, including funding, infrastructure, and trained personnel, to be allocated to regional judicial bodies.
As we work towards granting regional autonomy, it is crucial to safeguard judicial independence and take measures to prevent undue influence, political interference, or corruption in the judiciary.
Mr. president I implore you to give these matters swift attention since it threatens the legitimacy of our legal system. I am on my knee. I de beg you oo.
Professor John Egbeazien Oshodi, who was born in Uromi, Edo State, Nigeria, to a father who served in the Nigeria police for 37 years, is an American-based police and prison scientist and forensic, clinical, and legal psychologist. A government consultant on matters of forensic-clinical psychological services in the USA; and a former interim associate dean and assistant professor at Broward College, Florida. The Founder of the Dr. John Egbeazien Oshodi Foundation, Center for Psychological Health and Behavioral Change in African Settings. A former Secretary-General of the Nigeria Psychological Association. In 2011, he introduced state-of-the-art forensic psychology into Nigeria through N.U.C. and Nasarawa State University, where he served in the Department of Psychology as an Associate Professor. He has taught at various universities and colleges including Florida memorial University, Florida International University, Broward college, Lynn University, and currently an online faculty member at the Weldios university in Benin Republic, Nexus International University, Uganda, Nova Southeastern University and Walden University in USA.
Founder of the proposed Transatlantic Egbeazien Open University (TEU) of Values and Ethics, a digital project of truth, ethics, and openness. Over forty academic publications and creations, at least 300 public opinion pieces on African issues, and various books have been written by him. He specializes in psycho-prescriptive writings regarding African institutional and governance issues. His most recent textbook publication is Concise Psychology: An Integrated Forensic Approach to Psychology for Global African Settings. Jos5930458@aol.com
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