“Nigeria is becoming ungovernable because justice has collapsed”—SAN Akaraiwe warns

At a memorial lecture in Anambra State, Senior Advocate of Nigeria (SAN) Ikeazor Ajovi Akaraiwe warned that Nigeria’s growing insecurity is inseparable from the country’s collapsing justice system, arguing that “justice is not the last resort—it is the first step toward national security.”

Speaking Thursday, November 27, at the Nigerian Bar Association (NBA) Anaocha Branch’s 2nd Biennial Memorial Lecture in honour of the late Chief Charles E. N. Obegolu, Akaraiwe delivered a sweeping indictment of Nigeria’s justice architecture, linking delayed trials, weak investigations, political impunity, and constitutional loopholes to the country’s deepening instability.

Akaraiwe described Obegolu—his former senior at the Bar—as a relentless defender of the oppressed, a lawyer “who could not stand injustice” and whose legacy offers a roadmap for rebuilding public trust.

“Justice Delivery Is the Foundation of Social Security”

Speaking on the lecture theme, Justice Delivery as a Pathway to Social Security, Akaraiwe said justice is not merely a courtroom ideal but “the organising principle that determines how safe citizens feel, how peacefully communities coexist, and how confidently investors operate.”

He argued that where justice systems function, countries enjoy stability and cohesion—but “when justice fails, society becomes vulnerable.”

He linked justice delivery to the core pillars of social security:

  • Social harmony: fairness reduces communal tension
  • Socioeconomic rights: access to food, shelter, and healthcare
  • Equitable resource distribution: reducing inequality and resentment
  • Reduction in self-help: citizens abandon vigilante justice when the state works
  • Public trust: fairness strengthens confidence in government

The Constitutional Roadblock

A central part of Akaraiwe’s address focused on the non-justiciability of Chapter II of Nigeria’s Constitution—the section that outlines the country’s fundamental objectives, including social justice, national cohesion, and equitable resource allocation.

He cited landmark Supreme Court decisions—Abacha v. Fawehinmi, Odeh v. AGF, Mojekwu v. Edo State—that repeatedly ruled that the provisions in Chapter II are aspirational and unenforceable.

But he argued that the time has come for the Supreme Court to reverse itself.

“The framers of the Constitution could never have imagined Presidents Buhari and Tinubu, who would—with impunity—concentrate major appointments on certain geopolitical zones and religions while neglecting others,” he said.

Using Chinua Achebe’s Eneke the Bird proverb, Akaraiwe insisted that because political leaders have “learned to shoot without missing,” the law must “reinvent itself” to keep them within moral bounds. He urged lawyers to bring fresh Chapter II cases before the Supreme Court.

Nigeria’s Insecurity Is a Justice Failure

Turning to Nigeria’s security challenges—from kidnapping and banditry to terrorism and cybercrime—Akaraiwe argued that these crises are “not merely policing problems but justice problems.”

He outlined how the justice system fuels insecurity:

  • Endless trials embolden criminals
  • Delayed judgments discourage victims
  • Weak investigations sabotage prosecutions
  • Corrupt justice actors undermine public confidence
  • Overloaded judges create systemic paralysis

“When citizens see offenders walk free while victims suffer, society absorbs a dangerous message: the State is unable or unwilling to protect you,” he said.

A Broken System Holding Nigeria Back

He described courts plagued by “court not sitting” notices, abrupt judge transfers, and caseloads so heavy that one judge may handle over 1,000 cases. He warned that Nigeria cannot maintain social order with a justice sector that is “understaffed, overwhelmed, outdated, and under-prioritized.”

To reverse the trend, he called for:

  • Modernised courts with digital processes, virtual hearings, and case-tracking
  • Sentencing reforms to decongest prisons
  • Improved police investigations
  • Stronger integrity systems to root out corruption

Justice as National Security

Akaraiwe insisted that social security begins with justice, not welfare programmes.

“Social security means citizens can live, work, and prosper without fear,” he said. “Nigeria must reposition justice as its primary national security strategy.”

He concluded by urging the NBA and government to emulate Chief Obegolu’s courage and devotion.

“Chief Obegolu understood—long before many of us—that justice delivery is the lifeblood of societal peace,” he said. “To honour his memory, we must build a justice system that truly serves society.”

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