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The Slow Decline Of Political Influence: How Nigeria's Chief Justice Is Reshaping Judicial Integrity And Curbing Jurisdictional Overreach

Feature Article The Slow Decline Of Political Influence: How Nigerias Chief Justice Is Reshaping Judicial Integrity And Curbing Jurisdictional Overreach
THU, 16 JAN 2025

Nigeria’s judiciary has long been marred by jurisdictional overreach, where federal courts meddle in state-level matters, often influenced by powerful political figures. This systemic issue has been exploited by politicians like Nyesom Wike, former Governor of Rivers State, and Abdullahi Ganduje, former Governor of Kano State, to achieve political objectives through judicial means. However, the judiciary is witnessing a transformative shift under the leadership of the new Chief Justice of Nigeria (CJN), Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun. Unlike her predecessors, the new CJN has demonstrated a commitment to judicial integrity, curbing federal interference in state affairs, and restoring public confidence in the judiciary

In her inaugural address marking the commencement of the 2024/2025 legal year, Chief Justice Kekere-Ekun emphasized the judiciary's pivotal role in upholding Nigeria's democratic integrity. Reflecting on the challenges of the previous year, she stated:

"These cases highlighted the judiciary’s pivotal role in safeguarding Nigeria’s democratic principles."

— THENIGERIALAWYER
She further underscored the judiciary's commitment to independence and integrity:

"This is a new dawn and a new era in the Nigerian judiciary. Over the years, various factors have contributed to the negative image of the judiciary. However, we are determined to change this narrative and make the judiciary a source of pride for all Nigerians."

— PREMIUM TIMES NIGERIA
Addressing unethical practices such as forum shopping, she warned:

"There will be consequences for any act of indiscretion that could bring the judiciary into disrepute."

— PREMIUM TIMES NIGERIA
The Chief Justice also issued a stern warning against the abuse of ex parte orders and interim injunctions:

"The judiciary, under my leadership as CJN, will be one that is not associated with corruption and other things like frivolous ex parte orders by judges or interim injunctions. Powers on ex parte orders and interim injunctions are no doubt being abused by some judges. Such abuses would not be tolerated under my headship of the judiciary. Decisive actions would be taken against any officer found indulging in such practices."

— THENIGERIALAWYER
These statements reflect the Chief Justice's dedication to restoring public confidence in the judiciary by promoting transparency, accountability, and adherence to constitutional principles. Her zero-tolerance stance on corruption and commitment to decisive reforms marks a critical shift in Nigeria’s legal landscape.

Historical Context: The Problem of Jurisdictional Overreach

Jurisdictional overreach has been a persistent problem in Nigeria’s judiciary, fueled by the political elite’s tendency to leverage federal courts to settle state-level disputes. This practice undermines the principles of federalism enshrined in Nigeria’s Constitution, which clearly delineates the powers and responsibilities of federal and state governments. Historically, federal courts have entertained cases that should have been handled by state courts, resulting in judgments that often favored the interests of politically connected individuals.

One of the primary reasons for this overreach is the manipulation of judicial appointments and the lack of financial independence for the judiciary. Judges, particularly at the federal level, have faced immense pressure from political actors to issue favorable rulings. This has led to a judiciary that is perceived as compromised and susceptible to political influence.

The judiciary’s reputation was further damaged by cases of technical wins that prioritized procedural technicalities over substantive justice. For instance, the infamous case of Senate President Ahmed Lawan, who retained his seat through a technical ruling despite not participating in the primaries, highlighted the judiciary’s vulnerability to political pressures.

However, the new CJN’s leadership marks a departure from this trend. By emphasizing judicial independence and clarifying jurisdictional boundaries, the CJN is steering the judiciary toward a more accountable and autonomous future.

Case 1: The Fubara Judgment Reversal – A Blow to Federal Overreach

The Fubara vs. Federal High Court case serves as a prime example of how jurisdictional overreach has been curtailed under the new judicial leadership. On October 30, 2024, Justice Joyce Abdulmalik of the Federal High Court in Abuja issued a ruling that restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State Government. The case revolved around Governor Siminalayi Fubara’s presentation of the 2024 budget to an allegedly illegitimate Rivers State House of Assembly.

Justice Abdulmalik ruled:
"The Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been charged by the lawful House of Assembly, is illegal, unlawful, and a subversion of the 1999 Constitution."

The ruling effectively paralyzed Rivers State’s governance by halting its financial allocations. However, on December 13, 2024, a three-member panel of the Court of Appeal in Abuja overturned the decision, declaring that the Federal High Court lacked the jurisdiction to entertain the case.

Justice Hamman Barka, who led the appellate panel, stated:

"The mere listing of federal agencies does not confer unrestricted jurisdiction on the Federal High Court, and the subject matter, which is the appropriation issue of a state, should not have been entertained."

The appellate court’s decision reinstated Rivers State’s access to its financial allocations, marking a significant victory for state autonomy over federal interference. This case demonstrated how political interference at the federal level can be countered by a more vigilant and independent judiciary, a hallmark of the new CJN’s leadership.

Case 2: The Sanusi Reinstatement Case – Reversing Ganduje’s Political Maneuvering

The Sanusi Reinstatement Case in Kano State highlights another instance where jurisdictional overreach was corrected under the new CJN’s leadership. On June 20, 2024, Justice Abubakar Liman of the Federal High Court nullified the reappointment of Sanusi Lamido Sanusi as the 16th Emir of Kano, citing the invalidity of the Kano State Emirate Council (Repeal) Law 2024.

However, on January 10, 2025, the Kano State Division of the Court of Appeal vacated this order. The appellate court ruled that Justice Liman lacked jurisdiction to invalidate the actions taken by the Kano State Government under its Emirate Council Law. The court further noted that the originating suit filed by Alhaji Aminu Babba Dan Agundi, a kingmaker in Kano, was procedurally flawed.

The appellate court stated:
"Actions taken under the Kano State Emirate Council Law fall within the jurisdiction of the state government and cannot be invalidated by a federal court."

This ruling reinstated Sanusi as the Emir of Kano, effectively reversing Ganduje’s earlier political maneuvering to depose him.

Ganduje’s actions in Kano were widely perceived as politically motivated, aimed at diminishing Sanusi’s influence due to his outspoken criticism of Ganduje’s administration. The reversal of these actions by the Court of Appeal demonstrated the judiciary’s evolving stance on political interference and jurisdictional boundaries. It also sent a powerful message that the judiciary would no longer serve as a tool for personal vendettas and political retribution.

Judicial Leadership: The Impact of the New Chief Justice

The appointment of the new Chief Justice of Nigeria marks a turning point in the judiciary’s approach to jurisdictional overreach. Unlike her predecessor, Olukayode Ariwoola, who was criticized for a passive approach to judicial reforms, the new CJN has taken proactive measures to restore judicial integrity and independence.

Under her leadership, key reforms have been introduced:

The CJN has issued directives emphasizing the need for courts to respect jurisdictional limits, ensuring that state matters are handled by state courts. This approach protects the autonomy of state courts and prevents political figures from exploiting federal courts to achieve state-level objectives.

Improving Judicial Welfare
Recognizing that financial dependence makes judges susceptible to external pressures, the CJN has prioritized improving judges’ welfare and working conditions. This ensures that judges can perform their duties without fear of financial repercussions or political interference.

Promoting Judicial Accountability
Mechanisms have been strengthened to hold judges accountable for jurisdictional breaches and ensure that judicial decisions are based on legal principles rather than political considerations. This includes stricter oversight and disciplinary measures for judges who engage in unethical practices, such as issuing frivolous ex parte orders.

Addressing Technical Wins
The CJN has expressed concern about judgments based on technicalities rather than substantive justice. The infamous case of Ahmed Lawan, who retained his Senate seat through a technical ruling despite not contesting in the primaries, exemplifies the need for reform. The CJN is committed to ensuring that the judiciary prioritizes justice over procedural loopholes.

The Declining Influence of Wike and Ganduje
The diminishing influence of Nyesom Wike and Abdullahi Ganduje in Nigeria’s judiciary is a direct consequence of these judicial reforms.

Wike’s Influence
As a former governor and influential figure in Rivers State, Wike was known for leveraging federal courts to advance his political agenda. However, the reversal of the Fubara Judgment indicates that such tactics are becoming less effective under the new CJN.

Ganduje’s Influence
Ganduje’s tenure as Kano State Governor was marked by controversies surrounding the emirate system. His political maneuvering to divide the Kano Emirate into smaller emirates has been undone by recent court rulings, signaling a decline in his ability to manipulate judicial outcomes.

These reforms and rulings represent a shift in the judiciary’s willingness to challenge powerful political figures. It signifies a renewed focus on upholding constitutional principles and protecting the integrity of the judiciary from political interference.

Conclusion
By addressing jurisdictional overreach, tackling technical wins, and implementing necessary reforms, Nigeria’s judiciary can become more independent, impartial, and accountable, upholding the principles of justice, fairness, and federalism. The influence of political figures like Nyesom Wike and Abdullahi Ganduje on Nigeria’s judiciary is waning, thanks to the proactive leadership of Chief Justice Kudirat Kekere-Ekun. The Fubara and Sanusi cases serve as pivotal moments in the judiciary’s evolving stance on jurisdictional boundaries.

Under her headship, the judiciary is charting a course toward greater autonomy and integrity, signaling a new era in Nigeria’s legal history.

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Prof. John Egbeazien Oshodi
Professor John Egbeazien Oshodi, born in Uromi, Edo State, Nigeria, is a Nigerian-American psychologist, educator, and author renowned for his expertise in cross-cultural psychology, forensic/clinical psychology, police/prison science and social justice. He is the son of a father who served in the Nigeria Police Force for 37 years. Professor Oshodi has held teaching appointments at several institutions, including Florida Memorial University, Florida International University, Broward College, Nexus International University, and Nova Southeastern University. He played a key role in introducing state-of-the-art forensic psychology into Nigeria in 2011 through N.U.C. and Nasarawa State University, where he served in the Department of Psychology.

Professor Oshodi is a government consultant for forensic-clinical psychological services for both adults and children in the USA. He currently practices as a clinical and forensic psychologist. He holds virtual faculty roles at Walden University, Weldios University, and ISCOM University.

He has authored academic publications, including books, and written hundreds of public opinion pieces on African issues. His expertise lies in psycho-prescriptive writings on African institutional and governance challenges. Professor Oshodi is also the founder of the Psychoafricalysis theory in psychology, a pioneering contribution to the field. He is a former Secretary-General of the Nigeria Psychological Association (NPA). His work continues to inspire scholars, practitioners, and policymakers worldwide.

John Egbeazien Oshodi
John Egbeazien Oshodi, © 2025

John Egbeazien Oshodi was born in Uromi, Edo State in Nigeria and is an American-based Police/Prison Scientist and Forensic/Clinical/Legal Psychologist.. More John Egbeazien Oshodi, who was born in Uromi, Edo State in Nigeria to a father who served in the Nigeria police for 37 years, is an American-based Police/Prison Scientist and Forensic/Clinical/Legal Psychologist.

A government consultant on matters of forensic-clinical adult and child psychological services in the USA; Chief Educator and Clinician at the Transatlantic Enrichment and Refresher Institute, an Online Lifelong Center for Personal, Professional, and Career Development.

He is a former Interim Associate Dean/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 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 is currently a Virtual Behavioral Leadership Professor at ISCOM University, Republic of Benin. 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 200 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.
Column: John Egbeazien Oshodi

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