By Bayo Akinlade
For too long, the Nigerian judiciary has struggled under the weight of a flawed appointment process, resulting in a slow erosion of justice at every level. Yet, the spotlight rarely falls on the very institutions responsible for selecting and overseeing judicial officers: the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), and the State Judicial Service Commissions (SJSCs).
These bodies wield immense power over the judiciary’s structure and staffing. They decide who sits on the Bench and how those appointments are made. When judges and magistrates underperform or fall short of their ethical obligations, it often reflects the failures of these appointing bodies—failures that have become systemic, not incidental.
At the heart of this crisis lies the Magistrate Courts—the grassroots of Nigeria’s justice system. They are, for many, the first and often the only encounter with the law. Magistrates handle the lion’s share of criminal, contractual, family, and civil disputes. They shoulder the burden of processing more cases than all higher courts combined, and they are responsible for over 80% of the detainees languishing in correctional facilities nationwide.
Given their foundational role, Magistrates ought to be treated with the respect and dignity befitting their position: competitive pay, secure conditions of service, and robust healthcare and insurance policies. Sadly, the opposite is true. Despite being fully qualified legal practitioners, Magistrates are frequently treated as little more than civil servants—a profound insult to their legal standing and the critical work they do.
Opaque Appointments, Entrenched Corruption
The opacity of appointments is mirrored by the secrecy surrounding the composition of the NJC, FJSC, and SJSCs. This shroud of secrecy has fostered an environment where political influence and personal connections overshadow merit and professional integrity. Recent lists of candidates for elevation to higher courts in states such as Lagos, Cross River, Oyo, and Osun highlight this disturbing trend, where political interference eclipses genuine competence.
The Myth of “Elevation”
Within judicial circles, the term “elevation” is widely used to describe the promotion of Magistrates to the higher Bench. In reality, there is no statutory provision for the automatic elevation of Magistrates. Instead, the process has become mired in favoritism and political patronage, with candidates often forced to curry favor with senior judges, politicians, or traditional rulers rather than being judged on merit.
Why must a Magistrate—already a trained and experienced legal mind—sit for further examinations or rely on political connections to secure promotion? Why isn’t their daily performance and competence enough?
The current system is a relic of colonial-era practices and must be dismantled if Nigeria hopes to build a truly independent and effective judiciary. Magistrates should not feel compelled to pursue elevation merely to escape poor working conditions. Instead, they deserve to serve in an environment that values their expertise and shields them from undue external pressures.
A Call for Urgent Reform
Across the country, a quiet exodus of Magistrates is already underway—driven by frustration, disillusionment, and the daily indignities of an undervalued role. The judiciary’s independence is at risk as nepotism and favoritism slowly take root, overshadowing merit and eroding public confidence.
As Nigeria enters a new chapter under a visionary leadership, we stand at a pivotal crossroads. We must seize this moment to overhaul our judiciary from the ground up, beginning with the Magistracy. By reaffirming the value of our Magistrates and strengthening their independence, we can restore integrity to Nigeria’s justice system.
It is time to discard these outdated practices and rebuild a judiciary that truly serves the people—fair, transparent, and free from the corrupting influences of the past.
Bayo Akinlade, Esq is the Convener, Fight Against Corruption in the Judiciary and Citizens Support for the Lower Courts.
