The President of the Nigeria Bar Association (NBA), Afam Osigwe, Senior Advocate of Nigeria (SAN), has alleged that judges and magistrates in Nigeria are frequently acting as instruments of politicians and influential figures, particularly in cases involving free speech.
Speaking during an interview on Arise Television’s ‘Prime Time’ programme, monitored by Media Talk Africa, Osigwe expressed deep concern over what he described as the systematic suppression of free expression under the pretext of enforcing cybercrime and defamation laws. He stated that even in cases where offences are ordinarily bailable, the judiciary often denies bail without legal basis when influential individuals are involved.
“Free speech is being muzzled in Nigeria under the guise of charging people to court and investigating them for cybercrime and criminal defamation,” Osigwe said. “Even when the matters are ordinarily bailable, judges and magistrates appear to be tools in the hands of politicians and ‘big men’ and refuse bail even where there is no basis for not granting bail.”
He characterised this practice as a direct violation of the constitutional right to freedom of expression and an abuse of democratic space. Osigwe argued that public officials must be subject to higher standards of accountability, and any attempt to silence critics undermines democratic principles.
“Because these public office holders should be held to a higher standard of accountability and if they deprive people of the ability to criticize and hold them to account, then democracy dies,” he stated. He warned that when the judiciary facilitates such actions, it ceases to be an independent arbiter. “If our judges become willing tools in giving them that which they desire, which is to put those people out of circulation, then there’s something wrong and the judiciary becomes a willing tool in the hands of the oppressors and thereby becomes an oppressor itself,” Osigwe added.
This criticism highlights persistent concerns regarding the application of Nigeria’s Cybercrime (Prohibition, Prevention, Etc.) Act, 2015, and criminal defamation laws. Rights groups have frequently alleged these statutes are weaponised against journalists, activists, and opposition figures. The NBA, as the umbrella body for legal practitioners in Nigeria, often positions itself as a watchdog on matters of judicial independence and constitutional rights.
The remarks underscore a pivotal tension between state security frameworks and fundamental freedoms. Observers note that the independence of the judiciary is a cornerstone of democratic governance, and perceived political interference risks eroding public trust in legal institutions. The statement from the NBA’s leadership signals a formal escalation of these concerns within the legal community, calling for a recalibration in how bail and free speech cases are adjudicated to safeguard democratic discourse in Nigeria.
