cites unlawful detentions, threats to judicial independence

warns lawyers against fake AI-generated court citations

Adoke urges lawyers to strengthen professional solidarity

Retired Supreme Court Justice Amina Adamu Augie has warned that persistent disobedience of court orders by government authorities threatens Nigeria’s democracy, saying constitutional governance cannot survive when those in power treat judicial decisions as optional.

She said disregard for court judgments weakens judicial authority, erodes public confidence in democratic institutions and exposes citizens to the arbitrary exercise of power.

Augie spoke in Abuja on Saturday at a public lecture marking the 40th anniversary of the Nigerian Law School Class of 1986.

The lecture, titled “The Rule of Law and Justice Delivery: The Last 40 Years, Today and Tomorrow—Whither Nigeria?”, examined the challenges confronting the justice system and the future of constitutional governance.

Drawing on her experience as a lecturer, magistrate and judge, Augie identified disobedience of court orders as one of the gravest threats to the rule of law, alongside insecurity, poverty, inequality and the politicisation of legal institutions.

Citing the landmark 1986 Supreme Court judgment in Military Governor of Lagos State v. Ojukwu, she recalled Justice Kayode Eso’s declaration that “the essence of the rule of law is that it should never operate under the rule of force or fear.”

She said the principle remained fundamental to constitutional democracy, warning that judicial authority was undermined whenever government officials ignored court decisions, particularly in politically sensitive cases.

Augie cited the prolonged detention of former National Security Adviser, Colonel Sambo Dasuki, despite court orders granting him bail, as well as a judgment by the ECOWAS Community Court of Justice declaring his detention unlawful.

She also referenced the detention of Islamic Movement of Nigeria leader, Sheikh Ibrahim El-Zakzaky, and his wife despite a Federal High Court order for their release. She further recalled the attempted rearrest of activist Omoyele Sowore by security operatives inside a courtroom shortly after he was granted bail.

The retired justice also cited the 2016 raids on judges’ residences and the 2019 suspension of former Chief Justice of Nigeria, Walter Onnoghen, as incidents that raised concerns about judicial independence and compliance with constitutional procedures.

“The lesson in all this is the one given by Eso, JSC, in Ojukwu. Power that defies a court has not defeated the court; it has only told its own citizens that the law is optional, and a law that is optional for the strong offers no protection at all to the weak,” she said.

Augie warned that selective obedience to judicial decisions reinforced the perception that powerful individuals and institutions could place themselves above the law, leaving ordinary citizens without effective protection.

She stressed that democracy required more than periodic elections and the existence of constitutional institutions. It also depended on the willingness of those exercising public power to submit to judicial scrutiny and obey court orders.

Beyond disobedience of judgments, Augie identified delays and the high cost of litigation as major barriers to justice, noting that cases sometimes dragged on for years without final resolution.

She called for constitutional amendments to reduce the volume of appeals reaching the Supreme Court, alongside improved legal aid, digital case management and wider use of alternative dispute resolution to make justice faster and more accessible.

On judicial independence, she advocated adequate funding and safeguards against executive interference. She also warned that corruption among judges, lawyers and court registry officials could further undermine public confidence in the justice system.

Reflecting on the four decades since members of the Class of 1986 entered the legal profession, Augie acknowledged Nigeria’s progress, particularly the return to civilian rule in 1999. However, she said persistent election disputes, unequal access to justice and disregard for court orders continued to test the country’s democratic foundations.

She cited Nigeria’s ranking of 120th out of 143 countries in the 2025 World Justice Project Rule of Law Index as evidence of the challenges facing the country.

Augie also charged lawyers to defend constitutional government and uphold professional integrity, cautioning against sacrificing principle for proximity to political power.

On the growing use of artificial intelligence in legal practice, she warned lawyers against relying on unverified AI-generated court citations, insisting that practitioners remained accountable for every legal authority they presented before a judge.

“The duty is old even if the danger is new. You answer for every authority you put before a court, whether you found it or a chatbot did,” she said.

While acknowledging that technology could improve legal research and reduce delays, Augie maintained that it could not replace human judgment, moral courage and conscience.

She said Nigeria’s future depended on whether its leaders and institutions would respect judicial decisions, make justice accessible and uphold professional integrity.

“Nigeria will not wither if we refuse to let the rule of law wither, and she will go where we are willing to take her,” she said.

Earlier, former Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke, urged members of the Nigerian Law School Class of 1986 to sustain the bonds of friendship and professional solidarity that had united them over four decades.

Adoke said the class had produced distinguished professionals across the judiciary, legal practice, academia, public service, the military and the private sector.

He described the anniversary as an opportunity to celebrate their achievements, strengthen their fellowship and renew their commitment to supporting one another and contributing to national development.

“In a world that encourages rivalry, let us remain a family. Let us be the class that rejoices when one of us rises and stands firm when one of us falls,” he said.

Adoke also urged members to give back to the Nigerian Law School through mentorship, endowments and support for younger generations of lawyers.

The anniversary programme, which began on Friday, October 16, featured a health and wellness session, the public lecture on the rule of law and justice delivery, a panel discussion and a gala night.