NBA, rights group warn against weaponisation of judiciary

The Nigerian Bar Association, Enugu branch, and a civil society organisation, Spaces for Change, have raised the alarm over the surge in the use of the judiciary and legal processes to suppress civic space in Nigeria and across West Africa, particularly during periods of crisis.

Speaking at a two-day high-level training for judges, judicial officers, and state prosecutors in Enugu, the stakeholders warned that the legal system is increasingly being co-opted as an instrument of repression rather than a shield for fundamental rights.

The NBA Enugu Branch Chairman, who was represented by the the Vice Chairman, Perpetual Chime-Okpara, emphasised that civic space is the foundation upon which democratic governance thrives.

She noted that freedoms of expression, peaceful assembly, and association are not privileges granted by the state but are fundamental rights guaranteed under the Constitution and international instruments.

“The existence of a crisis must never be a justification for the arbitrary restriction of fundamental rights or the abuse of state power. Judicial officers must remain impartial adjudicators and state prosecutors to resist the temptation to weaponise criminal proceedings against perceived opponents,” Chime-Okpara stated.

The NBA’s position was reinforced by a damning report presented by the Executive Director of Spaces for Change, Victoria Ibezim-Ohaeri, which revealed a near-700 per cent increase in “judicially enabled repression” incidents across West Africa.

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According to the data, such cases surged from just nine between 2017 and 2022 to 70 cases between 2022 and 2024 alone.

The report identified four principal tactics deployed to suppress civic dissent, including the filing of vague, politically motivated criminal charges such as treason, terrorism, and cybercrime, which are used to intimidate and exhaust activists rather than secure convictions.

It also highlighted the use of prolonged pre-trial detention as a form of punishment, citing the case of whistle-blower Nnamdi Emeh, who spent over 18 months in detention despite being granted bail, and activist Emmanuel Acha, held for over 200 days in Ebonyi State in direct retaliation for a civil suit he filed against the government.

The report further reads, “In Nigeria, the National Industrial Court restrained the Nigeria Labour Congress from striking following an ex parte government application. Most gravely, Nigerian courts accepted treason charges against minors arrested during the August 2024 nationwide economic protests. The cumulative effect is a civic environment where the legal system operates as a mechanism of fear.”

The stakeholders called for urgent judicial reform, independent oversight, and the enactment of anti-SLAPP legislation to protect civic actors.

They also advocated for sustained engagement with judicial actors on civic space trends, investment in digital security for activists, and the inclusion of civil society in counterterrorism policymaking to embed human rights protections in national security architecture.