Dare Babalola
The Body of Senior Advocates of Nigeria (BOSAN) has raised alarms that the country’s federal system is under serious threat due to the dominance of a single political party.
In a speech at the Federal High Court’s 2025/2026 Legal Year ceremony in Abuja, BOSAN stressed that with opposition weakened, the judiciary must step up to protect the constitution and rule of law.
Currently, the All Progressives Congress controls at least 26 of Nigeria’s 36 states, sparking concerns of a one-party state.
Delivering the speech, former Attorney-General Kanu Agabi (SAN) emphasised, “When there is no strong opposition, the judiciary must be strong. It must be adept. It must be innovative. It must defend the law and the constitution, and employ every inherent sanction of a court of law.
“The framers of the Constitution would never have entrusted the judiciary with the custody and control of the Constitution, without at the same time, giving it the necessary jurisdictional power to protect it at the time of mindless corruption.
“As I said before, it is midnight. It is you, judges, who will lead in this darkness. At such a time as this, you must be bold and courageous. You must be honest, you must be innovative.”
BOSAN cautioned against the “criminalisation of politics,” urging judges to safeguard constitutional rights and tackle corruption, saying, “Criminalisation of politics means that you are the hope of the nation. If the electoral process continues to be dominated by money, if violence and ethnicity continue to prevail, if the checks and balances instituted by law have been eliminated or have ceased to be effective, if all the structures for accountability provided in the constitution are surprisingly ignored, in that case, we need a judiciary that can assert itself.
“Do so now! Do not fear and do not be afraid. If this generation does not appreciate you, generations to come will do so. Generations to come shall look back and wonder how you were able to save a nation so totally lacking in moderation.
“It has been said that as long as the nation is rife with corruption, we should not consider ourselves a democracy.
“The hope of the nation is in the judiciary to remove this cankerworm of corruption so that we can have a genuine democracy. This means that judges must be enlightened. You must spiritualise yourselves. You must be holy.”
The body added, “It remains for you, judges, to punish disobedience. The appropriate use of punishment. You have the means to compel criminals to give up crime.
“That is why it is said that a nation is as good as its judiciary. It is for this reason that some people blame not the politicians, but our judges and magistrates.”
Chief Justice Kudirat Kekere-Ekun acknowledged rising public expectations of the judiciary, stressing its role as the “last line of defence” for the constitution.
She said, “In an age where misinformation travels swiftly, and institutional trust is increasingly fragile, we must continually demonstrate, through both conduct and decisions, that justice in Nigeria is anchored firmly on impartiality, transparency, and integrity.
“The Judiciary does not speak through press statements or public commentary; our judgments constitute our voice, and the manner in which we discharge our duties defines the authority and credibility of that voice.
“Beyond the substance of our judgments, the public increasingly measures justice by the discipline of our daily processes. Punctuality in sitting, consistency in court schedules, and the courtesy of giving advance notice when a court will not sit are no longer minor administrative matters.
“Judicial independence must therefore be upheld, not as an abstract ideal, but as a lived and daily discipline grounded in courage, restraint, and fidelity to the law. Independence is not an adornment of democracy; it is its lifeblood. Yet independence, standing alone, is insufficient unless exercised with responsibility and moral clarity.”
Nigerian Bar Association President Afam Osigwe (SAN) urged the judiciary to guard its independence, saying its authority hinges on public trust.
Osigwe said, “A weak link on either side diminishes the system as a whole. I therefore urge members of the Bar to uphold the highest standards of advocacy, to eschew tactics that frustrate proceedings, and to work constructively with the courts in advancing efficiency, professionalism, and the Rule of Law.”
