Constitutional Federalism at Risk as One-Party Dominance Expands, Nigerian Senior Advocates Warn

0
38
APC and PDP flag

Senior Advocates of Nigeria have cautioned that Nigeria’s constitutional federal system is under growing strain amid the increasing dominance of a single political party, warning that the erosion of effective opposition places an even heavier burden on the judiciary to uphold the rule of law.

The Body of Senior Advocates of Nigeria (BOSAN) raised the concern during a special court session marking the commencement of the 2025/2026 Legal Year of the Federal High Court and the 41st Annual Judges’ Conference in Abuja. The body noted that the concentration of political power has weakened federalism and reduced institutional checks, thereby heightening the judiciary’s constitutional responsibility as guardian of the Constitution.

In an address delivered on its behalf by former Attorney-General of the Federation, Chief Kanu Agabi (SAN), BOSAN stressed that where opposition structures are ineffective, courts must exercise their inherent powers with courage and innovation to protect constitutional order. The body warned against what it described as the criminalisation of politics, arguing that money, violence, and weakened accountability mechanisms threaten democratic governance and fundamental rights.

BOSAN urged judges to assert judicial authority without fear, emphasising that public confidence in democracy depends on a judiciary capable of restraining abuse of power and addressing systemic corruption. According to the body, a nation’s democratic health is inseparable from the integrity and effectiveness of its courts.

The Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, acknowledged that public scrutiny of the judiciary has intensified and that expectations have risen significantly. She reaffirmed that the judiciary remains the final constitutional safeguard, stressing that judicial credibility is built not only on sound judgments but also on transparency, consistency, and professionalism in daily court processes.

Justice Kekere-Ekun noted that unpredictability and inefficiency in court administration can undermine confidence even in well-reasoned decisions. She emphasised that judicial independence must be actively lived and exercised with moral clarity, describing it as the lifeblood of democracy rather than a symbolic ideal.

The Chief Judge of the Federal High Court, Justice John T. Tsoho, disclosed that over 16,000 cases were disposed of in the 2023/2024 legal year, alongside thousands of motions and fundamental rights applications. He also announced the commencement of electronic filing at the Lagos Division of the court, with plans for nationwide implementation as part of broader judicial modernisation efforts.

The President of the Nigerian Bar Association, Afam Osigwe (SAN), called on both the Bench and the Bar to protect judicial independence and maintain the highest professional standards, noting that public trust in the justice system depends on the perceived neutrality and integrity of legal institutions.