# Tags
#Hope Classic

Is Judiciary common man’s last hope?

By Bamidele Kolawole

Based on the establishment of the courts, they are meant to be a place where people, regardless of status whether high or low come to seek justice. This is why the popular saying goes, “The court is the last hope of the common man.” However, over the years, using Nigeria as a case study, this notion appears to be fading. Many of the downtrodden have been denied their rights due to influence peddling, which has compromised court decisions.

Adeola Turton Esq

The phrase “The judiciary is the last hope of the common man” is one I have heard on numerous occasions. However, I find it baffling that this sentiment is often echoed only by the victors, while those on the losing side remain silent.

Whenever the executive and legislative arms of government fail to meet public expectations, many turn to the judiciary, hoping it will rectify these shortcomings. The courts are expected to interpret laws with fairness and objectivity, ensuring that justice prevails. Unfortunately, this expectation often falls short of reality.

In recent times, Nigeria’s judicial system has fluctuated, creating serious concerns about the integrity and fairness of the third arm of government. The interpretation of laws governing national affairs often appears inconsistent, biased, or outright questionable.

To illustrate, Sections 269–270 of the Administration of Criminal Justice Law of Ondo State, 2015, empower a Magistrate Court to remand an accused person for over 100 days, pending legal advice from the Director of Public Prosecution (DPP), provided there is probable cause.

However, it is disturbing that many accused persons are remanded without any probable cause being established. This loophole in the law raises critical questions. What happens when no probable cause exists? Rather than granting bail, courts often remand accused persons, citing a lack of jurisdiction to try the offense.

This, in my view, is a misinterpretation of the law and cannot be what the drafters intended. The judiciary should step in to address such gaps in legislation rather than allowing legal ambiguities to undermine fundamental rights. A more just approach would be to grant bail in such cases, ensuring that the accused are not unjustly deprived of their freedom.

Given these realities, it is difficult to still regard the judiciary as the last hope of the common man. More often than not, it seems to serve the interests of the elite rather than the ordinary citizen. This unfortunate shift underscores the urgent need for judicial reform.

The judiciary must reclaim its role as an impartial arbiter of justice. It must resist being used as a political tool by the executive and ensure that legal principles remain firm and unwavering.

True justice demands that all individuals regardless of status receive fair and equal treatment under the law. Without this, the judiciary risks losing its credibility as the final bastion of hope for the common man.

Obada Toyosi Charles Esq

The judiciary is the arm of government responsible for interpreting the law and administering justice. See Section 6 of the Constitution of the Federal Republic of Nigeria, as amended.

Courts all over the world are regarded as the hope of the common man. In essence, this means that the only place the common man can seek justice when a dispute arises is the court. But how true is this?

In the administration of justice, the court, being the threshold of justice, is the reason why the common man has always deemed it appropriate to approach the court of law to seek redress.

The expectation of this generation is that judges, magistrates, and all those saddled with judicial responsibilities should uphold integrity in the discharge of their duties.

They are expected to live like Caesar’s wife—above suspicion. The actions and inactions of these individuals affect litigants, either positively or negatively.

The judiciary serves as a check on the excesses of the other two arms of government (i.e., the executive and the legislature), acting as the watchdog of society.

The symbol of justice is Lady Justice, whose eyes are blindfolded, signifying that the law is no respecter of persons. She holds the scales of justice in her left hand and the sword of justice in her right.

Remaining blind to personality and status ensures the purity of justice, making it a true hope for all men, whether common or uncommon.

It is worthy of note that a corrupt judge is more harmful to society than a man who runs amok with a dagger in a crowded street.

Where the common man cannot get justice in the court, the judiciary becomes a disaster, and society suffers as a result.

The confidence of the common man depends largely on the trust he places in the judiciary.

Demola Ikujuni Esq

The judiciary is the cornerstone of any democratic society, tasked with upholding the rule of law, interpreting legislation, and ensuring justice for all. Courts are established to be impartial arbiters, where individuals—regardless of status, wealth, or influence—can seek redress when their rights are violated. This foundational principle has led to the popular saying, “The court is the last hope of the common man.”

However, while the judiciary is meant to be the refuge of the oppressed, the reality in many societies, including Nigeria, paints a different picture. The effectiveness of the courts in delivering justice has come under serious scrutiny due to various systemic challenges.

The Role of the Judiciary in Upholding Justice

The courts serve as a check on the excesses of the other arms of government—the executive and the legislature—ensuring that laws are implemented fairly and that no individual or institution operates above the law. They provide a structured means for resolving disputes, offering a legal framework that protects the rights of all citizens, including the most vulnerable members of society.

Through judicial decisions, courts shape public policies, enforce fundamental human rights, and set precedents that guide future legal interpretations. In a functioning democracy, the judiciary must be independent, fair, and accessible to all.

Challenges Facing the Judiciary

Despite its noble role, the judiciary in Nigeria and many other countries faces significant obstacles that threaten its ability to remain the last hope of the common man. Some of these challenges include:

 Corruption and Influence Peddling

One of the most significant threats to judicial integrity is corruption. When court judgments are influenced by financial inducements, political pressure, or personal interests, the principle of impartial justice is eroded. The common man, who lacks the resources to engage in such influence peddling, often finds himself at a disadvantage.

 Delayed Justice and Judicial Bottlenecks

The saying “justice delayed is justice denied” remains true in many court systems where cases drag on for years due to inefficiency, lack of resources, or procedural complexities. Many indigent litigants give up on their cases due to prolonged delays, thereby losing faith in the judicial system.

 High Cost of Litigation

Legal representation and court fees can be prohibitively expensive for the common man. While legal aid services exist, they are often limited in scope and effectiveness. As a result, justice becomes more accessible to the wealthy and powerful, while the poor struggle to navigate the system.

 Political Interference

For a judiciary to function effectively, it must be independent. However, in many cases, political interference undermines judicial decisions, especially in cases involving government officials or influential individuals. This weakens public trust in the courts as a neutral arbiter of justice.

Restoring Confidence in the Judiciary

To ensure that the courts remain the last hope of the common man, the following steps must be taken:

Judicial Independence: Judges must be shielded from political and financial influence to make impartial decisions based on law and equity.

Anti-Corruption Measures: Strict penalties should be enforced for judicial officers found guilty of corruption, and transparent appointment processes should be prioritized.

Speedy Dispensation of Justice: Courts should adopt modern case management systems, embrace technology, and reduce unnecessary bureaucracies that cause delays.

 Improved Access to Justice: Legal aid services should be strengthened to ensure that the less privileged have equal access to competent legal representation.

 Public Awareness and Legal Education: Citizens should be educated about their legal rights and the judicial process to empower them to seek redress when necessary.

Conclusion

While the courts are designed to be the last hope of the common man, systemic challenges have made justice seem unattainable for many. Restoring confidence in the judiciary requires a collective effort from legal practitioners, policymakers, and society at large. When justice is truly blind and accessible to all, only then can the courts genuinely fulfill their role as the protector of the common man’s rights.

As legal practitioners, we must advocate for judicial reforms that uphold fairness, integrity, and transparency. The judiciary must remain a beacon of hope, ensuring that justice is not just a privilege for the few but a right for all.

Oluwanbe Adefehinti Esq

I have, on numerous occasions, heard the expression, “The judiciary is the last hope of the common man.”

However, it baffles me that only the winners seem to sing this tune, while the vanquished remain silent.

In many instances where the executive and legislative arms of government fail to meet the expectations of the people, there is a widespread belief that the judiciary will make up for these shortcomings.

The judiciary is expected to correctly interpret the relevant laws governing the polity. However, this expectation is often far from reality.

In recent times, the judicial system in Nigeria has been fluctuating. This pendulous movement has raised serious concerns about the fairness of the third arm of government. The interpretation of laws governing the affairs of the nation often appears biased and questionable.

To illustrate my point, Sections 269–270 of the Administration of Criminal Justice Law of Ondo State, 2015, provide that a Magistrate Court can remand an accused person for over 100 days, pending the outcome of legal advice from the Director of Public Prosecution (DPP) upon the establishment of probable cause.

However, it is appalling that many accused persons are remanded even when no such probable cause has been established.

This law leaves much to be desired. It creates uncertainty about what should be done in cases where probable cause is absent. The accused often loses their constitutional right to bail and is instead remanded under the pretext that the Magistrate Court lacks jurisdiction to try the offense.

In my opinion, this cannot be the correct interpretation of the law. Indeed, this could not have been the intention of the drafters of that law. The judiciary is expected to fill the vacuum whenever a lacuna exists in a statute.

The proper approach, in my view, would be to grant bail to such an accused person.

The judiciary is no longer the last hope of the common man. At best, it can now be described as the hope of the elite.

Given these realities, there is no alternative but to reform our judicial system.

The judiciary must maintain its role as an unbiased umpire. It should not be used as a political tool by the executive. Justice must remain a constant and perpetual disposition of legal rules, ensuring that every individual receives their due, regardless of their status in society.

Ayonitemi Fasakin Esq

The idea that “the court is the last hope of the common man” is rooted in the belief that the judiciary serves as an impartial institution where justice is accessible to all, regardless of status or wealth. Ideally, courts should protect the rights of individuals, check the excesses of the powerful, and uphold the rule of law.

However, in many societies, including Nigeria, this notion is increasingly being challenged. Corruption, political interference, delayed justice, and financial constraints often prevent the common man from truly accessing justice. Influence peddling, favoritism, and systemic inefficiencies sometimes make the legal system more favorable to the wealthy and powerful, leaving ordinary citizens feeling helpless.

For the courts to remain the last hope of the common man, the judiciary must uphold integrity, independence, and fairness. Judges must resist external pressures, and judicial processes should be transparent and accessible. Only then can the courts genuinely serve as a place where justice is not just a privilege for the few but a right for all.

Oluwaseun Adeleye Esq

T  he 1999 Constitution of the Federal Republic of Nigeria (as amended) provides in Section 6(1) that the judicial power of the Federation shall be vested in the courts. This power is derived from the Constitution itself. The judiciary is an arm of government that is separate and distinct from the other two arms of government.

The major role of the judiciary is adjudication for effective governance. Courts should be seen as the last hope of the common man.

Unfortunately, this is not always the case due to institutional problems. More often than not, courts are used as instruments of vendetta against the common people. The government has also contributed to this problem, as some court judgments are blatantly disregarded by government agencies.

Additionally, the cost of litigation is prohibitively expensive for the average citizen. Delays in trials are another major concern for litigants seeking justice.

However, despite these challenges, the common man must continue to have faith in the judiciary, as the courts strive to improve and uphold justice for the downtrodden.

Share
Is Judiciary common man’s last hope?

Worries over illegal excavation sites in Ondo

Is Judiciary common man’s last hope?

SWAN Day: Ondo SWAN defeats DJ association