Judicial Failure and Protest in Nigeria 

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Omoyele Sowore, a Nigerian activist and journalist, asserts that Nigeria’s judiciary and prosecutorial systems fuel civil unrest by enabling political repression through compromised rulings and weaponized legal processes1. His perspective, shaped by personal persecution and systemic judicial failures, gained renewed attention during the 2024 #EndBadGovernance protests, which underscored the nexus between legal intimidation, institutional weakness, and mass dissent.

A Microcosm of Judicial Complicity
Sowore’s 2019 arrest for organizing the #RevolutionNow protests exemplifies systemic judicial complicity. Charged with treason, money laundering, and “insulting the president,” his case highlighted flaws in Nigeria’s legal framework. The Socio-Economic Rights and Accountability Project (SERAP) condemned the charges as a “mockery of justice,” arguing they were designed to criminalize dissent rather than address legitimate legal violations3. Despite multiple court orders mandating his release, the Department of State Services (DSS) repeatedly re-arrested Sowore, even storming a courtroom to seize him-a move SERAP described as a “blatant attack on the rule of law”3. Nobel laureate Wole Soyinka criticized the government’s disregard for court rulings as “disrespect for the judiciary,” emphasizing how such actions erode public trust1. Sowore’s bail conditions, which included confinement to Abuja despite his lack of residency there, were labeled “punitive and petulant” by Soyinka, reflecting the judiciary’s role in enabling executive overreach1.

A 2023 TrialWatch report further exposed prosecutorial misconduct in Sowore’s case, noting that authorities defied court orders to release him and delayed his trial for over five years8. The report concluded that charges appeared politically motivated to suppress his calls for peaceful protests8.

Historical and Contemporary Patterns of Judicial Complicity
Nigeria’s judiciary has a legacy of enabling authoritarianism, from legitimizing military coups to annulling democratic elections, such as the 1993 presidential vote. While post-1999 democratic reforms strengthened judicial independence, recent cases reveal alarming backsliding. Courts have increasingly failed to restrain executive excesses, as seen in Sowore’s case and the 2024 protests, where judges avoided challenging security agencies’ brutality4. Legal intimidation tactics, such as charging protesters with treason-a capital offense-mirror strategies used against Sowore, illustrating a systemic pattern of suppressing dissent through judicial channels4.

Escalation and Repression
The August 2024 protests erupted in response to soaring inflation (34.19%) and the removal of fuel subsidies, with demands spanning reduced food prices, security for farmers, electoral reforms, and the release of detained #EndSARS protesters2. The government’s response was marked by violent crackdowns, including the use of live ammunition and tear gas, which killed at least 24 protesters, including children24. Amnesty International documented “shoot-to-kill” tactics in northern states like Kano and Kaduna, while over 1,200 protesters-many of them minors-were detained, with 10 facing treason charges24. Authorities dismissed the protests as “violent” despite their largely peaceful origins, echoing narratives used to justify Sowore’s persecution4.

Judicial institutions compounded the crisis by delaying hearings for detained protesters and refusing to hold security forces accountable4. A coalition of 37 civil society organizations (CSOs) urged courts to dismiss “oppressive charges” and uphold constitutional rights, but judges largely avoided confronting executive power4.

Eroded Trust and Cycles of Repression
Sowore’s argument-that legal systems fuel unrest by undermining trust-is reinforced by the 2024 protests. Citizens increasingly view protests as more effective than courts, which are perceived as biased or impotent14. Politicized prosecutions, such as treason charges, deter dissent but also radicalize activists, exacerbating tensions4. International bodies like the UN and African Commission on Human and Peoples’ Rights have condemned Nigeria’s systemic abuses, urging adherence to human rights standards4.

Restoring Judicial Integrity
Activists and experts propose reforms to break this cycle, including sanctioning judges and prosecutors who enable executive overreach8. Repealing draconian laws like the Cybercrimes Act, which criminalizes free speech, and addressing root causes of discontent, such as inflation and corruption, are critical steps4. Dialogue between the government and civil society, rather than repression, is seen as essential to de-escalating tensions2.

Sowore’s ordeal and the 2024 protests underscore a systemic crisis: when courts fail to check power, dissent spills onto the streets, often with deadly consequences24. Without judicial accountability and legal reforms, Nigeria’s cycle of unrest will persist.

Posted
AuthorLitangen
CategoriesFreedom of Expression
TagsOmoyele Sowore, Nigeria, West Africa