Nigeria's Judiciary Under Fire: The Alarming Rise of Verdicts Without Judgments

The Nigerian legal landscape is facing a troubling trend: the rise of "verdict without judgment." This means that while a court may issue a decision, the actual reasoned judgment, which explains the basis for that decision, is often delayed or never produced. This creates a vacuum where injustice can fester, with potentially unforeseen consequences for litigants and the public trust in the judiciary.

This issue is particularly acute in cases involving political interests. For years, Nigeria has been described as a "democracy by court order," highlighting the significant influence of the judiciary in political outcomes. However, the current situation suggests a more insidious development, where partisan politicians appear to be increasingly comfortable with judges acting as key players in political battles. The Sultan of Sokoto's recent complaint that judicial verdicts have become a "purchasable commodity" underscores the depth of this crisis.

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courts frequently undermine democracy.

The article points to a specific case involving the Court of Appeal and the African Democratic Congress (ADC) where a contradiction between an enrolled court order and the text of a ruling was central. The court's focus on which document should prevail, rather than questioning the anomaly itself, is seen as deeply problematic. While human error under pressure cannot be entirely dismissed, the regularity of such occurrences suggests a more systemic issue, potentially exacerbated by self-inflicted stress within the judiciary.

This situation is not unique to Nigeria, as highlighted by Andrew O’Donohue's analysis in the Journal of Democracy, which outlines how courts can undermine democracy globally. These patterns – enabling authoritarianism, undermining elections, restricting rights, empowering elites, and engaging in excessive jurisdiction – are recognizable in the Nigerian context. The article argues that the "verdict without judgment" phenomenon is a dangerous manifestation of this broader trend, where the pursuit of political advantage overshadows the fundamental principles of justice and due process.

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judicial verdicts in the country had become a “purchasable commodity.”