Research Paper

How courts undermine democracy in Nigeria

Volume 2, Issue 2 - September 2026

How courts undermine democracy in Nigeria

Paper ID: CRSIJ26000364

Author(s): Terhemen Andzenge

Category: Arts, Social Sciences and Humanities

Research Area: Law

Pages: 650-665

Published Date: 08-10-2026

Volume/Issue: Volume 2 Issue 2 September-2026

ISSN (Online): 3108-1584

CC BY 4.0 This article is licensed under a Creative Commons Attribution 4.0 International License.

Abstract

The courts serve as a societal bulwark in safeguarding democracy by upholding the rule of law, balancing the constitutional powers among the two other branches of government, securing fundamental human rights, and resolving diverse conflicts. The democratic history of Nigeria belies those postulations as the paper argues that contrary to the above, the courts have in many ways acted as active facilitators in undermining democracy. The pathways through which this facilitation has taken place range from the courts enabling executive lawlessness and authoritarianism by giving free passes for the abridgement of civil rights and liberties, aiding and abetting executive disobedience of court orders and issuing of orders overtly influenced by considerations other than legal merit, permitting the judicialisation of electoral process and the commodification of court decisions. The paper suggests a reawakening of the constitutional path that underlines the independence, impartiality and integrity of the courts to make the institution alive to its critical role in upholding the rule of law, protecting constitutional integrity, and safeguarding democratic institutions from overreach as bastion of democracy rather than subverts.

Keywords

Courts, Executive, Democracy, Elections

Citations

Terhemen Andzenge, "How courts undermine democracy in Nigeria", Cosmo Research & Science International Journal, vol. 2, no. 2, pp. 650-665, Sep. 2026.

Terhemen Andzenge (2026). How courts undermine democracy in Nigeria. Cosmo Research & Science International Journal, 2(2), 650-665.

Terhemen Andzenge. "How courts undermine democracy in Nigeria." Cosmo Research & Science International Journal, vol. 2, no. 2, September 2026, pp. 650-665.

BibTeX
                @article{CRSIJ26000364,
                  author = {Terhemen Andzenge},
                  title = {How courts undermine democracy in Nigeria},
                  journal = {Cosmo Research and Science International Journal},
                  year = {2026},
                  volume = {2},
                  number = {2},
                  pages = {650-665},
                  issn = {3108-1584},
                  url = {https://cosmorsij.com/published/CRSIJ26000364.pdf},
                  abstract = {The courts serve as a societal bulwark in safeguarding democracy by upholding the rule of law, balancing the constitutional powers among the two other branches of government, securing fundamental human rights, and resolving diverse conflicts. The democratic history of Nigeria belies those postulations as the paper argues that contrary to the above, the courts have in many ways acted as active facilitators in undermining democracy. The pathways through which this facilitation has taken place range from the courts enabling executive lawlessness and authoritarianism by giving free passes for the abridgement of civil rights and liberties, aiding and abetting executive disobedience of court orders and issuing of orders overtly influenced by considerations other than legal merit, permitting the judicialisation of electoral process and the commodification of court decisions. The paper suggests a reawakening of the constitutional path that underlines the independence, impartiality and integrity of the courts to make the institution alive to its critical role in upholding the rule of law, protecting constitutional integrity, and safeguarding democratic institutions from overreach as bastion of democracy rather than subverts.},
                  keywords = {Courts, Executive, Democracy, Elections},
                  month = {September}
        }      

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