The title of this piece may sound alarming and far-fetched but I am not fear-mongering or sabre-rattling on behalf of the Nigerian military. As someone with a bit of insight into the workings of the Nigerian Judiciary, I can say unequivocally, that the ongoing hate rhetoric against the arm of government, is unprecedented and foreboding. And as those behind the orchestrated campaign ramp it up, the chord, binding Nigeria’s democracy, might just snap. Here is my worry.
One, the hate campaigners have their target, well-defined. They are out to force the hands of the Judiciary, to dispense justice according to their dictates and desires. Anything outside of their pre-conceived sense of justice, won’t definitely be acceptable to them. If appeals arising from their cases at the lower courts, also turn out differently from their desires, which they want to have at all costs, their next step is better imagined.
For those who seek regime change at whatever cost, they are likely to resort to self-help to actualise what they can’t get judicially. When a constitutional replacement of government can’t be achieved, the only route to achieving that change of government, is known to all, as well as the instability that comes with it.
Two, with the way the Nigerian Judiciary is being pummeled by a section of the political class, it may soon happen that pronouncements even from the Supreme Court, would be willfully disregarded by individuals and political groups. While judgements of the apex court have been questioned in the past and even disobeyed by the immediate administration of President Muhammadu Buhari, there is no precedent yet of its orders, not being obeyed on election matters.
But it looks like we are gradually getting there, with the resentment being daily generated among the populace against the Judiciary by the hate campaigners. I won’t be surprised if the Presidential Election Petition of this election cycle, gets to the ECOWAS court, after the Supreme Court must have pronounced on it. Desperation will make a man do anything. The current agitation to have the judiciary rule in a particular way, is so electrifying that it won’t be a shock if the Nigerian presidential election dispute ends up at the World Court at the Hague.
Already, a leg of the contest is being fiercely fought in the United States judiciary. When we don’t make our institutions matter again, especially a crucial one like the Judiciary, because of politics, we will all pay dearly for it.
The day Supreme Court judgements are no longer valid, regardless of whatever vulnerability, we are about throwing away the baby with bath water, because there can’t be a constitutional order, without a Judiciary with constitutional legitimacy.
The day people can willfully disregard the 
Judiciary, an end has come to constitutional order. The attendant chaos is still a regime change.
Three, we all seem to forget the judges being daily attacked are human, with emotions. Of course, they feel the heat of being daily scandalized and the security agencies seem not to be doing enough to stem the hate campaign, despite being clearly against the law, particularly the Cybercrime Act of 2015. Now, their attackers have moved beyond hit piece after hit piece in media highways, to exposing them and their families to potential bodily harm by deranged supporters of political parties. What do you expect them to do? To stay quiet forever and watch their privacy being regularly invaded and their loved ones being daily exposed to harm?
It would be grossly unfair to assume the status quo would remain forever. You fight with what you have. If those on the loose, keep throwing the kitchen sink at the system, without let, of course, the Judiciary, having its back to the proverbial wall, would soon be compelled to fight its way out. Imagine an angry Judiciary. Sometime I wonder if the operators of the system themselves and the political class, truly know the awesome power bestowed on the Judiciary by the Constitution, not only in Nigeria, but world over.
With just a pronouncement the Supreme Court of United States (SCOTUS) ended Washington’s (federal government) say, in abortion matters, by historically shooting down the infamous Roe v Wade, after half a century of its existence. Have we quickly forgotten how a governor-elect was stopped from assuming office just a few hours to his inauguration by the Supreme Court of Nigeria (SCON).
Those daily demonising the system know what they are targetting; it is the legitimacy of the arm of government. Once gone in public opinion court, the rest is simple to achieve for them, because constitutional order is gone.
Am I saying the Nigerian Judiciary is perfect? Far from it and no jurisdiction anywhere in the world, can claim to be. In the wake of SCOTUS tearing down abortion right, even President Joe Biden, jabbed at the apex court, just like the Senate Majority leader and other leaders of the opposing Democratic Party.
As painful as the decision was to them, they didn’t turn it to a daily affair, threatening Eyes on the Judiciary. The disgruntled Party decided to turn the decision around for political gain. Today, abortion is the most potent campaign tool for them, against the Republicans.
They didn’t turn the Judiciary to their opponent. They used the unfavourable ruling, to fight their political opponent.
Issues have been ventilated in the presidential election petition. Regardless of court pronouncements, insightful politicians can make a lot of political capitals out of the issues debated by parties, in the course of next campaign activities, if today’s proceeding, doesn’t go their way, just like the Democratic Party is doing with the unfavourable abortion judgement in the United States.
I know losing can be painful when you think you actually won. But justice isn’t served on whims. It is time to allow patriotism to guide our goals, because Nigeria needs to remain, for ambitions to rule it, to manifest and without judiciary, there can’t be a constitutional Nigerian society.
Except we are dealing with chronic anarchists, the attacks must stop with immediate effect. As the Chinese will say, you can’t get fat with one mouthful. Destroying the legitimacy of the Judiciary, won’t make anyone President.
Elder Akinwunmi Julius Olaiya lives in Lagos and Abuja.
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