“When a thief tells you to go to court, just know that his brother is the judge.”
~~ President Goodluck Jonathan.

This profound statement attributed to former President Goodluck Jonathan captures a dangerous possibility in any democracy where justice is weakened by influence, connections and conflicts of interest.

It is not an assertion that every person who asks another to seek judicial redress is guilty, nor that every judge is compromised. Rather, it is a metaphorical warning about the danger that arises when those accused of wrongdoing have undue influence over the institutions expected to determine their guilt or innocence. When the referee becomes connected to one of the contestants, public confidence in the game, is naturally threatened.

Justice Samson Odemwingie Uwaifo, an erudite judge and former Justice of the Supreme Court, expressed the seriousness of judicial corruption in even stronger terms. He stated: “A corrupt judge is more harmful to the society than a man who runs amok with a dagger in a crowded street.” He went further to say that if a judge is corrupt, “he is no longer a judge, he is a thief.” These are powerful words from a man who spent decades in the judicial system and understood better than most, the sacred responsibility entrusted to judicial officers.

Justice Uwaifo also emphasised that justice must be founded on public confidence. In discussing judicial impartiality, he observed that “justice is rooted in confidence; and confidence is destroyed when right-minded people go away thinking: the Judge is biased.”

This is perhaps one of the most important principles for understanding President Jonathan’s words. Justice must not only be done; citizens must have reasonable confidence that justice has been done fairly and without hidden influence.

Justice Uwaifo’s judicial philosophy was equally clear in his later reflections on his career. He stated that when writing judgments, he approached every case with an unwavering commitment to “fairness, justice, and the rule of law.” He explained that judgments should not merely resolve disputes between individuals, but should also strengthen the legal framework and serve society. This is the standard expected of every judicial officer in a constitutional democracy.

The late Justice Chukwudifu Oputa, another extremely brilliant legal mind, also offered an important lesson about the fallibility of courts. He famously observed that the Supreme Court is “final not because it is infallible”, acknowledging that judges are human beings capable of making mistakes. He maintained that it is better for a court to admit an error than to persist in it. This principle is important because judicial authority should never become an excuse for refusing legitimate criticism or correcting obvious injustice.

Justice Uwaifo himself warned against the possibility of the Supreme Court bending under pressure. In his valedictory reflections, he said: “Let the day never come when it may be said that the Supreme Court could not be forthright enough but buckled under pressure.” He insisted that the Supreme Court must demonstrate that it can “neither bend nor break.”

Those words remain relevant to every generation because the strength of a democracy depends on institutions capable of resisting political pressure.

The judiciary is not merely another government institution. It is the final refuge of the citizen whose rights has been violated by individuals, corporations or the government itself. A poor man who has no political connection must be able to enter a courtroom with the same confidence as a billionaire, governor, minister or political godfather. If citizens begin to believe that connections determine judicial outcomes, then the poor will gradually lose faith in the law and powerful individuals will increasingly regard themselves as above it.

This is why the relationship between politics and justice must be handled with the greatest caution. Politicians will naturally seek legal remedies when disputes arise, but political influence must never determine who wins in court. The judiciary must not become an extension of the executive, legislature, political parties or powerful individuals. Judges must be able to make decisions according to the Constitution, the law and their conscience, even when those decisions are unpopular with the government or the political establishment. It is not for nothing, that there is a separation of powers and functions between the three arms of government – the executive, the judiciary, and the legislature.

There is also a responsibility on lawyers and litigants. The court must never be used as an instrument for intimidation, delay, oppression or the persecution of political opponents. Equally, lawyers must remember that their professional duty extends beyond winning cases. They are officers of the court and participants in the administration of justice. A legal system becomes dangerous when technicalities are deliberately employed to defeat the truth rather than assist the court in reaching a just conclusion.

Therefore, the warning in President Goodluck Jonathan’s words and the wisdom of Justice Uwaifo point to the same fundamental principle: justice cannot survive without integrity, independence and public confidence. Nigeria needs courts that neither bend to political pressure nor fear powerful individuals. The citizen must know that when he enters a courtroom, he is standing before an institution of justice and not before a brother, friend or political associate of the person against whom he seeks redress.

As Justice Uwaifo reminded us, the judiciary must never buckle under pressure. It must remain courageous, impartial and faithful to the rule of law, because when confidence in justice dies, democracy itself begins to lose its foundation.

Let us be reminded that Judges are, but mere mortals. God alone remains the absolute supreme judge who will in the end judge both the judges on earth and they, they passed earthly judgments on. It is important that we all remain cognizant of this fact, so that our journey on earth will not be laden with the burden of guilt of miscarried justice.

• Senator Ehigie Uzamere