A Call for Reform: Justice Taiwo Reflects on Nigeria’s Human Rights and Judiciary Challenges

In a revealing interview with Onozure Dania, retired Justice of the Federal High Court, Justice Taiwo O. Taiwo shared his thoughts on the persistent human rights challenges in Nigeria, highlighting the crucial role the judiciary plays in upholding justice and fairness. He emphasized the need for comprehensive reforms to ensure that the rule of law is respected and human rights are properly protected.

Justice Taiwo expressed deep concern over the ongoing human rights violations in Nigeria, asserting that, despite the outward appearance of freedom, true liberty remains unattainable. He attributed this to a lack of adherence to the rule of law, which he believes is fundamental to safeguarding human rights. “If there’s no rule of law, you cannot say that there is a level playing field as far as human rights is concerned,” he stated.

While acknowledging the judiciary’s efforts to protect human rights, Justice Taiwo criticized the delay in granting bail, calling it unjustifiable. He firmly believes that no offense should be deemed non-bailable and urged the judiciary to expedite bail applications. “When you deny bail at the first instance, you are denying the rights of the accused person before you,” he said.

Justice Taiwo also controversially pointed out that, in some respects, human rights were better respected under Nigeria’s military regimes than in its current democracy. He argued that while the military regime operated with clear authority, the current democratic system suffers from unchecked abuses and repeated disobedience of court orders.

Furthermore, Justice Taiwo called for the abolition of criminal libel, advocating for it to remain a civil matter. He strongly criticized the use of libel laws against journalists and activists, warning that criminalizing libel could lead to an environment ripe for dictatorship.

The retired justice also expressed his support for the separation of the roles of Attorney General and Minister of Justice, noting that many Attorneys General tend to prioritize political interests rather than acting as impartial custodians of justice. He emphasized that the Attorney General’s primary duty should be to the Constitution and the public, not political affiliations.

On the issue of judicial salaries, Justice Taiwo acknowledged the recent salary increases but pointed out the exclusion of retired judges from these adjustments. He lamented the inadequate pensions for retired judges and called on the government to address the disparity. In addition, he stressed the need for better court infrastructure, the adoption of modern tools, and more comprehensive health insurance for judicial officers.

Justice Taiwo concluded by advocating for sweeping judicial reforms, focusing on improved welfare, updated court facilities, and a deeper commitment to upholding the rule of law. He expressed hope that the ongoing reforms by the National Judicial Council (NJC) would address the concerns of both serving and retired judges, paving the way for a more just and effective legal system in Nigeria.