With just two and a half months to go before a general election, the role of political surrogates has become increasingly prominent in Nigeria. These individuals are trusted to represent or advocate for the positions and platforms of principals running for office. However, the constitution prohibits them from presiding over courts of law as judges, as this would compromise the independence and impartiality of the court. Section 36(1) of the constitution requires that courts be constituted in a manner that secures their independence and impartiality.
A court presided over by a political surrogate would be devoid of the constitutive standards of independence and impartiality. In other words, a judge who acts as a surrogate for a political party or politician is considered an unlawful judge. In the past, it was even considered a common law crime to suggest that a judge could be a party-political surrogate. This was highlighted in an interesting case decided by the High Court of Australia on June 7, 1911.
The case involved a newspaper article published on April 7, 1911, which criticized Mr. Justice Higgins, a senior judge of the High Court of Australia and the first President of the Commonwealth Court of Conciliation and Arbitration. The article, titled "A Modest Judge," questioned Justice Higgins' impartiality in a case presided over by him in the Court of Conciliation and Arbitration.
The issue of judicial impartiality is crucial in ensuring that justice is served in Nigeria. The country's judicial system has faced criticism in the past for being biased and influenced by political interests. The constitution's provision on judicial independence and impartiality is clear, and it is essential that judges adhere to these standards to maintain public trust in the judiciary.
The Daily Intel Newspaper has written extensively on the issue of Nigeria's unlawful judges and wholly-owned judicial surrogates. According to Chidi Odinkalu, the problem of partisan judges is a significant challenge to Nigeria's democracy. He argues that judges who are seen as surrogates for political parties or politicians undermine the integrity of the judicial process.
The judiciary plays a critical role in upholding the rule of law and ensuring that justice is served in Nigeria. However, when judges are seen as being partisan or influenced by political interests, it can erode public trust in the institution. The Nigerian judiciary has a responsibility to ensure that its members adhere to the highest standards of independence and impartiality.
The issue of unlawful judges and judicial surrogates is a complex one that requires a multifaceted approach to resolve. The Nigerian judiciary, the government, and civil society organizations must work together to ensure that judges are independent and impartial. This can be achieved through measures such as judicial training, accountability mechanisms, and public education campaigns.
Key points
- Nigeria's constitution prohibits judges from being political surrogates to ensure judicial independence and impartiality.
