A Data-Driven Investigation of Judicial Independence in Nigeria through the Prism of the Supreme Court

Abstract

This thesis examines the Supreme Court of Nigeria’s de jure independence and uses quantitative data to assess whether its de facto independence reflects its formal guarantees.
Judicial independence in Nigeria has been well scrutinised, with the majority of citizens distrusting the judiciary based on perceived vulnerability to manipulations. More worrisome, this concern is reinforced by independent reports suggesting that judicial decisions are often influenced by extra-judicial considerations rather than merit.
When a judiciary exhibits such tendencies, two things easily come to mind: either it lacks formal structures to guarantee its independence, or it possesses these structures but fails to reflect (or act on) them in its decisions. While much of the prevailing literature emphasizes the former, this thesis argues that the latter is the case with the Nigerian judiciary. Barring other socio-cultural influences on individual judges, the formal guarantees currently provided within the Nigerian judicial framework should be sufficient to guarantee an independent judiciary. The thesis challenges the simplistic notion that a court's independence is measured solely by the strength of formal constitutional, procedural, and financial guarantees, contending that the range of influences on Nigerian courts is far more complex. Using descriptive statistics, this thesis finds that the likelihood of success before the court instead depends on the litigants' financial, political, and social strength.
By analysing judicial outcomes, disaggregated by the type of litigation, parties involved, and the basis for the outcome, this thesis identifies patterns of disparity in litigants' performances, which are closely linked to their relative economic, social, and political status, leading to concerns over whether the SCN can be regarded as decisionally independent. This is bolstered by the findings of the thesis’ final part, which draws on ethnographic research to demonstrate how the court’s vulnerability lies primarily in the socio-cultural context in which the judges operate. As a result, any meaningful judicial reform must address these underlying socio-cultural factors before it can be effective.

Date of Award	21 Feb 2025
Original language	English
Awarding Institution	University of Portsmouth
Supervisor	Kieran Walsh (Supervisor) & Shubhankar Dam (Supervisor)