The Architects of Decay: When Lawyers Betray the Bench
By Charles Ude, Esq.
Legal Practitioner, Author, and Social Critic
The Judiciary Under Siege
The judiciary has long been regarded as the “last hope of the common man.” Today, however, this vital sanctuary is under threat, not from external forces, but from within. The greatest danger to justice comes not from litigants presenting their cases, but from lawyers who have sacrificed professional integrity for political influence and personal gain.
The Art of Deception
These lawyers go beyond ordinary practice; they weaponize the law. Under the guise of “vigorous advocacy,” they inundate public discourse with selective narratives aimed at pressuring judges into predetermined outcomes that defy established precedent. Appellate judgments increasingly lack sound reasoning, relying instead on irrelevant authorities or contrived rationales to support foregone conclusions.
When some lawyers enable such distortions through secret deals or manipulations, the adversarial system ceases to be a genuine pursuit of truth. It devolves into a choreographed performance where verdicts are effectively negotiated or sold,before the gavel even falls.
Systemic Collapse
The consequences of this mercenary approach are profound and far-reaching. When settled law is overturned without justification, when for example, transmitted records fall short of legal standards, or when court findings are unsupported by the evidence, the rule of law suffers. An appellant who deliberately withholds documents unfavourable to their case or favourable to the respondent,deserves reprimand or sanction. Justice must not only be done; it must be seen to be done.
Consent judgments are discarded arbitrarily, eroding predictability. The doctrine of stare decisis—the principle that like cases should be treated alike, is undermined. Without it, public trust in the judiciary does not merely decline; it evaporates entirely.
Case in Point: The Paris Club Disputes
The ongoing Paris Club refund disputes involving Abia State provide a stark illustration of this decay. Just days before a key Court of Appeal judgment, Professor Chidi Odinkalu publicly framed the issue around “transparency.” Yet his commentary conspicuously omitted critical facts:
- The state government had entered into a contract with the consultants.
- The state itself had consented to a judgment in the matter.
- The state’s own filings acknowledged the legitimacy of the consultant’s role.
- The government disregarded the court’s obiter dictum recommending referral of suspected irregularities to the EFCC.
When consultants and lawyers who invested years of effort are denied rightful payment due to the state’s breach of its own contracts, manufactured outrage arises not from genuine injustice but from manipulated half-truths. This is not legitimate advocacy; it is influence-peddling disguised as reform.
The Shadow of Executive Influence
Governors have grown increasingly bold in interfering with the judiciary. A cynical view now prevails in contemporary Nigeria: no one can win a case against a state government, regardless of the merits. Through late-night visits, media campaigns, and hired legal operatives, the executive exerts overwhelming pressure. When rulings appear scripted rather than reasoned, the judiciary loses its moral authority.
Echoes from the Bar: NBA Anambra Speaks Out
The Nigerian Bar Association (NBA) has begun confronting this erosion. In Anambra, the NBA leadership recently condemned the rising trend of conflicting court orders and the complicity of senior lawyers in enabling political manipulation of the judiciary. The Association warned that such practices “bring the judiciary and the entire system of administration of justice to ridicule” and accused certain senior Bar members of serving as tools for politicians to abuse judicial processes.
The NBA president, Mr Afam Osigwe SAN emphasized that these actions violate professional ethics and betray the rule of law. His statements highlight the pressing need for reform: when the Bar itself admits that some of its members are complicit in undermining judicial credibility, the profession must urgently address its own failings.
The Verdict
The outcome is clear: a justice system on the brink of collapse, where verdicts seem auctioned to the highest bidder. Unless Bar Associations move beyond mere rhetoric and enforce ethical standards with unwavering resolve, the legal profession risks complete societal rejection.
Lawyers who betray the bench are not simply securing dubious victories; they are dismantling the foundations of society. Without meaningful reform, the “temple of justice” will crumble, leaving opportunists to prey on the ruins of public trust.
Contact: Charlesude2014@gmail.com
