A renowned expert in Public Law and Head of the Department of Public Law, University of Ilorin, Prof. Abdulfatai Oladapo Sambo, has joined the call for the review of the nation’s constitution.
Prof. Sambo made the call while delivering the 278th Inaugural Lecture of the University, titled “Judicialising Politics without Politicising the Judex”, last Thursday (April 17, 2025) at the University Auditorium.
The don gave several reasons for his recommendation after enumerating reasons why politics and political activities must continue to be ‘judicialised’ in the country without exposing or dragging judges to politics
He said, “The constitutional and legal framework for judicialising politics needs urgent amendment. There should be an alteration to the Constitution itself. All ouster clauses in the Constitution and statutes should be removed. There should not be any ouster clauses in a democratic Constitution.”
Prof. Sambo, who had served as a resource person and lecturer in nations like South Korea, North Korea, Malaysia and South Africa, pointed out that “a well-managed judicialisation of political issues or disputes prevents the abuse of power by the political class. It also ensures that the majorities do not abuse their powers against those who are stigmatised as minorities or individuals.”
The Inaugural Lecturer, who also said that there are nations where politics is not judicialised, submitted that a “well-managed judicialisation also seems inevitable when there is need for the overhauling of the political system”, adding that “when injustices or bad practices in a system grow so prevalent to the extent that they become part of the scheme’s normal rules of play, the intervention of the courts, an umpire that is to a large extent insulated from the political pressure, is necessary.”
Prof. Sambo said, “Judicialising politics has led to the sanctity of the organic document called the constitution”, pointing out that “judicialisation will force the political class to abide by the letter, spirit and intent of the Constitution, the main idea being to retain the integrity and sanctity of the Constitution.”
The Lecturer further submitted that judicialisation of politics in Nigeria has contributed tremendously to obedience to the rule of law, due process and prevention of anarchy. According to him, “The practice of judicialisation in Nigeria has ensured the promotion of rule of law, due process and has prevented the nation from going through anarchy. The effect of not judicialising politics is that there is the chance that people will resort to anarchy, chaos, confusion. That is why instead of resorting to self-help, people come to an arbiter, which is the judiciary.”
Prof Sambo, who is the first Inaugural Lecturer from the Department of Public Law, also listed some political benefits of judicialisation of politics to include stability of the polity and deepening democracy, reduction in intra-party and legislative internal strife, and evolution of opposition political parties, among others.
Before enumerating several reasons for his call for constitutional amendments, the don listed a few legal impediments to justicialisation of politics to include the very nature of judicial power, strict adherence to an approach to interpretation, ouster clauses, which, according to him, “is another major impediment to the ability of the courts to play any meaningful role in the development of any political system. It curtails the powers of the courts to review or decide political disputes. It is usually an instrument in the hands of the legislature to curtail the court’s exercise of judicial review.”
On the impediment posed by the issue of locus standi, Prof Sambo said, “Locus standi has been an impediment to judicialisation of political disputes. The approach in Nigeria is now being liberalised as the courts, unlike before, are holding that a citizen of Nigeria has the right to challenge the constitutionality of the acts of government.”
Towards ensuring a peaceful polity via the vital interventions of the judiciary without cowing the judges, Prof. Sambo made several recommendations that are hinged largely on tinkering with the constitution. Most especially, according to him “There is need for a new Constitution to reflect the will and original act of the people. This can be through Referendum, or Constitutional Convention or Constituent Assembly whose memberships are elected not for anything but with a mandate to give Nigerians a new Constitution. The present Constitution can be altered to give room for this proposition. The merits of this suggestion are numerous. First, it will confer legitimacy on the Constitution. Second, it will justify the preamble to the Constitution which says “We, the people of the Federal Republic of Nigeria…”
Prof. Sambo also called for a true financial independence for the judiciary to minimise undue hamstringing of Judges, adding that “there is the need to balance financial independence of the judiciary and the conservatism of not wanting to hold money. Thus, the way out is that money should come to the coffers of the judiciary for their utilisation so that they do not go to beg the executive or legislature like beggars.”
The don also recommended a constitutional provision that will enable the courts to enforce their orders. He said, “There is the need for armed judiciary law enforcement agents. The President controls the police and armed forces. There should also be a constitutional provision empowering the judiciary to employ its own law enforcement agents answerable to the heads of the courts.”
The well-attended lecture was delivered under the chairmanship of the Vice Chancellor, Prof, Wahab Olasupo Egbewole, SAN.
