Edun: A Society Where Justice Is for Sale Is On Brink Of Collapse

A SENIOR Advocate of Nigeria (SAN), Olukunle Ogheneovo Edun, has warned that Nigeria risks social and institutional collapse if urgent reforms are not undertaken to address what he described as the growing commodification of justice and erosion of public confidence in the country’s judicial system.
Edun, who gave the warning on Tuesday, June 2, while presenting a paper titled, ‘Justice for Sale: Who Truly Pays the Price?’ at this year’s Nigerian Bar Association (NBA), Benin Branch, Law Week, told Judges, lawyers, senior advocates and members of the public, that justice in Nigeria has increasingly become accessible only to the wealthy, undermining the rule of law and public trust in democratic institutions.
He said the problem manifests through judicial corruption, forum shopping, procedural abuses, prolonged litigation designed to frustrate weaker parties and unequal access to quality legal representation, noting that the consequences extend beyond individual litigants to the legal profession, the judiciary and society as a whole.
Edun challenged the rule preventing SANs from appearing before magistrate courts and other lower courts, questioning its constitutionality, in light of Section 36(6)(c) of the 1999 Constitution (as amended), which guarantees an accused person the right to counsel of choice.
Citing the Supreme Court decision in Isiaka & Ors v. Ogundimu & Ors (2006), he argued that litigants should be free to engage any legal practitioner of their choice, referencing an unreported ruling in Charge No. MCOSU/64c/2024, in which he successfully argued that a SAN holding the fiat of a state attorney general could prosecute matters before a magistrate court.
He contended that it was discriminatory for the state to engage senior advocates to prosecute defendants in magistrate courts, while denying defendants the same right to retain SANs for their defence.
He expressed hope that the Supreme Court would revisit the issue and reconsider authorities, such as Bamigboye v. COP (2025), which upheld the restriction.
Edun also criticised the popular phrase, “go to court,” describing it as a reflection of public cynicism, rather than confidence in the judiciary.
To illustrate delays in the justice system, he cited Suit No. FHC/CS/67/2023, Samuel C. Idoh & 17 Others v. Federal Government of Nigeria, concerning dangerous federal highways in Delta and Edo states, which remains unheard over three years after it was filed.
He questioned the value of judicial victories that take years to secure and even longer to enforce, saying litigants often spend decades pursuing justice through the appellate process, while the value of awarded sums depreciates over time.
He warned that the failure of formal justice institutions has created space for non-state actors, including area boys, thugs, militants and community youths, to establish informal systems of dispute resolution and punishment.
The senior lawyer lamented that the growing loss of confidence in the judiciary and legal profession has encouraged these groups to administer what they consider swift justice, a development he described as dangerous and unlawful.
He also criticised government officials for failing to comply with court orders, describing such disobedience as widespread, citing the case involving former Kogi State governor, Yahaya Bello, and dissolved local government councils, noting that despite favourable judgments up to the Supreme Court level, aspects of the court’s orders remain unimplemented.
He further accused some senior lawyers of advising clients on how to frustrate court orders and judgments, warning that such conduct damages the legal profession and weakens public trust in the judiciary.
Edun described forum shopping as the strategic manipulation of court jurisdictions and procedures to obtain favourable outcomes, saying such conduct contributes significantly to perceptions that justice can be influenced by money and power.
He expressed concern about inconsistencies in the application of judicial precedent, referencing Centre for Oil Pollution Watch v. NNPC (2018), noting that despite the Supreme Court’s expansion of locus standi in public interest litigation, lower courts continue to dismiss some public interest cases on grounds of lack of standing.
The SAN also pointed to the Supreme Court’s April 30, 2026 decision in PDP v. Alhaji Sule Lamido, saying the judgment had continued to generate debate, partly because of a dissenting opinion delivered by Justice Haruna Simon Tsammani.
As part of broader political reforms, he advocated constitutional recognition of independent candidacy, arguing that it would reduce litigation arising from internal disputes within political parties.
He bemoaned the continued lack of true financial autonomy for the judiciary, despite constitutional provisions guaranteeing it, saying executive influence over funding and appointments continues to undermine judicial independence.
He called for the decentralisation of the Legal Practitioners Disciplinary Committee to the six geopolitical zones, arguing that the current arrangement, which requires disciplinary proceedings to be conducted in Abuja, imposes excessive financial burdens on complainants and respondents from other parts of the country.
Edun concluded that the poor suffer when justice becomes inaccessible, the legal profession loses its integrity, the judiciary loses its legitimacy and the country risks instability.
He proposed a series of reforms, including improved judicial welfare and independence, expanded use of technology through e-filing and electronic case management systems, stricter enforcement of professional ethics, wider access to legal aid and pro bono services and stronger disciplinary measures against erring lawyers and judicial officers.
He urged the NBA to take a leading role in protecting judicial integrity, sanctioning unethical conduct within the profession and advocating systemic reforms involving the executive, legislature and civil society.
Edun, closing with the words of Nigeria’s first indigenous lawyer, Christopher Sapara-Williams, said lawyers exist to serve society and advance humanity.