RULE OF LAW UNDER THREAT: Falana Condemns Executive Grip on Judiciary, Says Nigeria Operates Civil Rule—Not Democracy
By Femi Mebude
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IJEBU-ODE, Ogun State – Renowned constitutional lawyer and human rights advocate, Femi Falana, SAN, has raised fresh concerns over the state of Nigeria's democracy and judicial independence, declaring that the country is operating under civil rule rather than true democracy, while warning that the continued financial dependence of the judiciary on state governors poses a grave threat to the rule of law.
Falana made the remarks while delivering the 2026 Nigerian Bar Association (NBA), Ijebu-Ode Branch Annual Bar Lecture, themed "Strengthening the Rule of Law in a Democratic Nigeria," held as part of the branch's Annual Law Week.
In a lecture that challenged both the legal profession and political leadership, the Senior Advocate of Nigeria argued that democratic governance cannot flourish where the judiciary remains financially beholden to the executive and where citizens' freedoms are increasingly constrained.
'Governors Buying Cars for Judges Is Illegal'
Falana strongly criticised the longstanding practice whereby state governors procure official vehicles, construct residential quarters and provide operational logistics such as diesel for judges, describing the arrangement as unconstitutional and inconsistent with the principle of judicial independence.
According to him, Nigeria's Constitution already guarantees financial autonomy for the judiciary, yet many state governments have continued to disregard that constitutional provision.
He argued that judges who receive official benefits directly from governors may find it difficult to exercise complete independence whenever cases involving those same governments come before them.
Drawing a comparison with other arms of the government, Falana asked:
"Have you ever seen a governor invite commissioners or legislators to come and collect keys of cars? Have you ever seen it? No. They only do it to judges."
He maintained that such practices amount to executive interference in the judiciary.
"They say they are building houses for judges. It is illegal. You know why? The government also has cases before the judges. Judges have taken an oath to do justice without fear or favour. But if we reduce ourselves to the level where an arm of government supplies cars for our judges, builds houses for our judges, even supplies diesel, and we sit down attacking judges, what does the law say?" he queried.
Falana insisted that genuine judicial independence can only be achieved when the judiciary controls and administers its constitutionally allocated funds without executive interference.
NBA Urged to Champion Judicial Financial Autonomy
While acknowledging the relentless advocacy of the Judiciary Staff Union of Nigeria (JUSUN) on judicial autonomy, Falana expressed disappointment that the Nigerian Bar Association (NBA) has not demonstrated the same level of commitment.
He noted that JUSUN had gone to court on two occasions and even embarked on industrial actions to compel governments to implement constitutional provisions guaranteeing financial autonomy for the judiciary.
He also referenced legal actions instituted by former NBA President Olisa Agbakoba, SAN, on the same issue.
"The Constitution has guaranteed financial autonomy for the judiciary. It is not about clapping," Falana said.
"Judicial staff—not the NBA—have gone to court twice, and they have gone on strike to ensure that we have financial autonomy for our judges. Olisa Agbakoba also filed another case, but the NBA has never bothered itself."
He challenged legal practitioners to begin the implementation campaign from Ogun State.
"We can start from Ogun State. It is possible. We are trying to fight them in Lagos; we have some little financial autonomy, though not total yet. Unless we do that, we are not going to free our judges from the influence of the executive."
'Nigeria Is Under Civil Rule, Not Democracy'
Turning to the broader political environment, Falana declared that Nigeria cannot genuinely be described as a democratic nation.
Instead, he argued, what currently exists is civil rule—government by civilians operating under laws rather than military decrees—but without the essential democratic principles of accountability, popular participation and protection of civil liberties.
"My first submission is that what we have is not democracy but civil rule," he stated.
According to him, the present civil rule is increasingly endangered by conflicting judicial decisions capable of throwing the country's electoral process into uncertainty ahead of the 2027 General Elections.
Conflicting Court Judgments Threaten 2027 Elections
Falana expressed deep concern over several pending court cases affecting political parties and electoral guidelines.
He cited the legal dispute involving the Youth Party of Nigeria and the Independent National Electoral Commission (INEC), where different Federal High Court judges delivered conflicting judgments on INEC's election guidelines.
He further referred to another case in which an individual successfully secured a court order directing that a political party represented by INEC be deregistered over allegations concerning the use of a logo.
According to him, another Federal High Court also ordered that five political parties—including the National Democratic Coalition (NDC) and the African Democratic Congress (ADC)—should be deregistered following separate legal challenges.
Falana lamented that the conflicting judgments have left INEC uncertain about which political parties should participate in the forthcoming elections and what legal guidelines should govern the electoral process.
He warned that the situation bears disturbing similarities to the events preceding the annulment of the historic June 12, 1993 Presidential Election, when conflicting court orders were cited by the military regime as part of the justification for annulling the election.
"I am pleading with our colleagues and judges to ensure that we don't go back to 1993 when the military claimed that they were annulling the election because there were conflicting judgments of our courts, even though they had their own agenda not to relinquish power."
Cybercrimes Act and Freedom of Expression
Speaking with journalists after the lecture, Falana elaborated on the distinction between democracy and civil rule.
He argued that genuine democracy guarantees freedom of speech and the right of citizens to criticise the government without fear of prosecution.
According to him, Nigeria's Cybercrimes Act is increasingly being deployed to intimidate critics and suppress legitimate public discourse.
"If you have democracy, there will be freedom for citizens to express themselves. Right now, if you write articles that are critical of government, you may be charged under the Cybercrimes Act. A democratic country will not allow that."
He explained that while Nigeria has civilian governments elected through periodic elections, elections alone do not constitute democracy.
"Civil rule is simply the absence of military rule. We are governed by laws, not decrees. But democracy means the government of the people, by the people and for the people."
133 Million Nigerians Living in Poverty
Falana further questioned Nigeria's democratic credentials by pointing to the country's widespread multidimensional poverty.
He observed that with about 133 million Nigerians living in multidimensional poverty, government policies cannot genuinely be said to reflect the interests of the majority.
According to him, a democratic government would prioritise poverty reduction, employment creation and improved welfare for citizens rather than allowing widespread deprivation.
He also criticised political campaigns that focus primarily on ethnic, religious and sectional considerations instead of concrete policy debates capable of improving citizens' lives.
"Every four years, Nigerians are asked to vote, yet what they are voting for is hardly discussed. The debate revolves around where candidates come from, their religion or ethnicity, instead of programmes that address unemployment, poverty and development."
He equally challenged the media to demand greater issue-based political engagement from politicians.
Economic Sovereignty and Democratic Governance
Falana also linked Nigeria's democratic challenges to external economic influence, arguing that policies shaped largely by international financial institutions weaken the country's democratic independence.
He criticised what he described as excessive dependence on policy prescriptions from the International Monetary Fund (IMF) and the World Bank, insisting that genuine democracy requires economic policies driven primarily by the aspirations and welfare of Nigerians.
"Democracy means the government of the people, by the people and for the people. This is not truly a government of the people. When your economy is dictated by the IMF and the World Bank rather than by the Nigerian people, serious questions arise about democratic governance."
A Call for Institutional Courage
Falana concluded by urging lawyers, judges, policymakers and democratic institutions to rise above partisan interests and defend the Constitution through courageous reforms capable of restoring judicial independence, safeguarding electoral integrity, protecting civil liberties and strengthening democratic governance.
The 2026 NBA Ijebu-Ode Annual Bar Lecture, attended by eminent jurists, senior lawyers and members of the Bench and Bar, remains one of the major highlights of the branch's 2026 Annual Law Week, which concludes with its Dinner and Awards Ceremony on Friday.
