Senior Advocate of Nigeria, Dr Charles Mekwunye, has called for reforms in Nigeria’s judiciary and electoral adjudication system, warning that judicial compromise remains one of the greatest threats to the country’s democracy.
- +Judicial impunity threatens democracy, SAN warns
Mekwunye made the call while delivering the keynote address at the 2026 Law Week of the Nigerian Bar Association, Agbor Branch, Delta State, themed “Future Proofing Nigeria’s Democracy: Credible Elections and the Legal Cross-Roads.”
Mekwunye made the call while delivering the keynote address at the 2026 Law Week of the Nigerian Bar Association, Agbor Branch, Delta State, themed “Future Proofing Nigeria’s Democracy: Credible Elections and the Legal Cross-Roads.”
The senior lawyer expressed concern over what he described as the role of some judicial officers in undermining the electoral will of Nigerians through controversial court decisions, insisting that judicial officers who deliberately pervert justice in election-related matters must be held accountable.
“There must be consequences for judicial officers who betray their oath and use their enormous powers to pervert the electoral will of the people. The era of impunity must end,” Mekwunye said.
He commended the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, for recent disciplinary actions against some judges, including suspensions and compulsory retirements, describing the measures as a positive development.
“The actions taken by the Chief Justice of Nigeria are a step in the right direction,” he said, adding that more comprehensive reforms were necessary to rebuild public confidence in the judiciary.
Mekwunye advocated a review of the rules governing petitions against judicial officers before the National Judicial Council, arguing that the current requirements discouraged whistleblowers from exposing corruption within the judiciary.
According to him, the obligation on petitioners to disclose their identities and depose to affidavits often placed them at risk.
“Most people with relevant information are inhibited by these rules. They serve no useful purpose other than protecting the minority of judicial officers working against the interest of the judiciary and Nigeria,” he stated.
The SAN also proposed extending the time limit for filing complaints against judicial officers from six months to three years, saying such a move would encourage greater accountability.
On the issue of criminal prosecution of judges, Mekwunye criticised the Supreme Court’s decision in Federal Republic of Nigeria v. Justice H.A. Nganjiwa, which held that serving judicial officers could not be prosecuted for acts connected with their official duties unless they had first been disciplined by the NJC.
He described the judgment as unconstitutional and argued that it effectively grants judges a form of immunity not recognised by the Constitution.
“The Constitution guarantees equality before the law. Judicial officers should not enjoy a special shield against criminal investigation and prosecution,” he said.
Mekwunye maintained that anti-corruption agencies, including the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission, should be free to investigate and prosecute judicial officers accused of criminal conduct.
He urged the Attorney-General of the Federation to initiate legislation to overturn the Nganjiwa decision if the judiciary does not revisit the ruling.
The senior lawyer further recommended stricter sanctions for judges who issue orders outside their jurisdiction, particularly in political and election-related cases.
Among his proposals was the creation of a “black book” by the NJC for erring judges, as well as a similar register by the Legal Practitioners’ Privileges Committee for senior lawyers found guilty of professional misconduct.
According to him, judges who are found by superior courts to have deliberately exercised powers they do not possess should be dismissed and publicly blacklisted.
“This will sanitise the judiciary, protect the integrity of honest judges and restore confidence in our democracy,” he said.
Mekwunye also criticised what he described as controversial election judgments in Plateau State, alleging that decisions of appellate courts had imposed candidates rejected by voters on the electorate.
To address the situation, he proposed an amendment to Section 246(3) of the Constitution to permit limited appeals to the Supreme Court in National and State Assembly election disputes involving constitutional interpretation or the disregard of binding judicial precedents.
While expressing confidence in the integrity of most Court of Appeal justices, he lamented that some honest judicial officers suffer punitive transfers and denial of privileges for refusing to compromise their independence.
He stressed that judges who deliberately ignore constitutional provisions and binding Supreme Court authorities in election matters should be held accountable, whether they are still in service or have retired.
Quoting a previous pronouncement of the Supreme Court in the Manasseh case, Mekwunye noted that disregarding clear constitutional provisions and binding precedents amounted to “judicial misconduct of a very extreme proportion.”
He warned that history would not be kind to judicial officers who contribute to the subversion of democracy through questionable interpretations of electoral laws and constitutional provisions.
“History will judge harshly those who aid the subversion of democracy through decisions that undermine the will of the people and the supremacy of the Constitution,” he said.
