President Muhammadu Buhari died in London on Sunday at 82. Deputy News Editor
JOSEPH JIBUEZE revisits his judiciary and the rule of legacies.
The late ex-President Muhammadu Buhari once candidly admitted that he perceived the Judiciary as a hindrance to his anti-corruption crusade.
It was a revealing confession that many say shaped the posture of his administration toward legal institutions.
His remarks suggested a deep-seated disdain for the due process of law, a preference for swift, punitive action unburdened by constitutional constraints.
If given unchecked authority, Buhari hinted, he would have bypassed the courts entirely, jailing the corrupt without trial.
Throughout his eight-year presidency, these authoritarian instincts remained visible.
Buhari’s leadership style bore unmistakable traces of his military past, often clashing with democratic norms.
Supreme Court rebuke over naira policy
Perhaps the most scathing indictment of Buhari’s disregard for judicial authority came from the Supreme Court in its March 3, 2023 judgment on the controversial naira redesign crisis.
A seven-member panel led by Justice John Okoro condemned the late president for flouting the court’s interim order that the old N1,000, N500, and N200 notes remain in circulation alongside the redesigned versions until a suit by several state governments was resolved.
Justice Emmanuel Agim, delivering a sharp rebuke, criticised Buhari’s February 16, 2023 national broadcast in which he unilaterally declared that only the N200 note would retain legal tender status — an act of open defiance.
The court noted not only the disobedience but also the lack of evidence that even that limited directive was implemented.
Justice Agim declared: “The President’s disobedience of court orders erodes the foundation of democratic governance…
“When the head of state defies the judiciary, it signals the collapse of constitutional order and the emergence of autocracy in its place.”
Night raids, judicial intimidation
The administration’s fraught relationship with the judiciary was on stark display in October 2016, when the Department of State Services (DSS) launched midnight raids on the homes of sitting judges across Abuja, Port Harcourt, Gombe, Kano, Enugu, and Sokoto.
The operation, presented as an anti-corruption effort, was carried out with a dramatic flair many likened to a Gestapo-style assault on judicial independence.
Despite sensational claims — including the discovery of millions in cash and documents tied to luxury properties — no convictions followed.
The judiciary later ruled that these prosecutions were unlawful, having bypassed the National Judicial Council (NJC), the constitutionally empowered disciplinary body for judges.
Onnoghen: A CJN ousted
One of the darkest moments in Buhari’s tenure was the controversial removal of Chief Justice Walter Onnoghen, just weeks before the 2019 general election.
Though the charges of false asset declaration were initiated by a little-known group, many saw the timing as politically motivated. The NJC was conspicuously sidestepped.
The Code of Conduct Tribunal (CCT), in a swift and secretive ruling, convicted Onnoghen and ordered his removal.
He was already under suspension when he tendered a voluntary resignation, which the president accepted on May 28, 2019.
Later, the Court of Appeal found that Onnoghen’s suspension was a breach of his right to a fair hearing and criticised the CCT’s disregard for court injunctions restraining the trial.
Defiance of court orders
Buhari’s government gained notoriety for routinely ignoring court orders.
High-profile detainees such as Sheikh Ibrahim El-Zakzaky, leader of the Islamic Movement in Nigeria (IMN), former National Security Adviser Col. Sambo Dasuki and leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu remained in custody for extended periods despite multiple court orders for their release.
Under Buhari, Kanu was arrested in Kenya and extradited to Nigeria in 2021 under controversial circumstances.
The Supreme Court and a Kenyan court held that Kanu was extraordinarily renditioned.
He was detained by the DSS despite multiple court orders for his release.
The move drew widespread criticism for violating international law and undermining judicial authority and human rights.
Kanu’s terrorism trial is still ongoing before the Federal High Court in Abuja.
Controversial pardons
In a move that shocked anti-corruption advocates, the Council of State, under Buhari’s leadership, granted presidential pardons to two former governors convicted of corruption — Joshua Dariye of Plateau State and Jolly Nyame of Taraba.
Although justified on health grounds, the decision undercut the judiciary’s painstaking work in prosecuting the cases and raised concerns about selective leniency.
Prof. Etannibi Alemika, a member of the Presidential Advisory Committee Against Corruption (PACAC) that advised the Buhari Administration, deplored the move.
He was of the view that such pardons could embolden convicted officials to reclaim forfeited assets and portray themselves as victims rather than offenders.
Judicial protests, systemic neglect
In an unprecedented show of dissent, Supreme Court Justices in June 2022 wrote to then Chief Justice Ibrahim Muhammad.
They decried the chronic underfunding of the judiciary and the neglect of their welfare.
They described their conditions as deplorable: substandard vehicles, inadequate housing, and lack of access to quality healthcare.
“We are witnessing the peak of institutional decay,” they wrote. “Even diesel to power the court is scarce, forcing us to work under unacceptable conditions.”
The protest revealed systemic neglect at the highest level of Nigeria’s judiciary.
Threats to human rights
Throughout Buhari’s presidency, Nigeria’s human rights record attracted persistent criticism.
Amnesty International chronicled widespread abuses and violations across the country, from enforced disappearances to police brutality.
The #EndSARS protests of 2020 exposed the brutality of security forces and sparked a national reckoning on governance and civil rights.
The state’s response to peaceful protests — from violent crackdowns to arrests — painted a bleak picture of the administration’s stance on civil liberties.
The Twitter ban
One of the more dramatic affronts to free expression came in June 2021, when the Buhari Administration imposed a seven-month ban on Twitter after the platform deleted a tweet by the President threatening a repeat of the Biafra civil war.
The government claimed the ban was due to Twitter’s role in spreading misinformation, but observers viewed it as punitive censorship.
Federal-state clashes and overreach
Buhari’s issuance of Executive Order 10 in May 2020 — aimed at enforcing financial autonomy for state legislatures and judiciaries — led to a legal standoff with governors.
The Supreme Court ruled in February 2022 that the order was unconstitutional, asserting that the President had overstepped his authority.
The positives
Not all was bleak. In March 2023, Buhari signed into law a series of constitutional amendments, including one enshrining financial autonomy for the judiciary — a long-awaited reform hailed by legal practitioners.
Additionally, his whistleblower policy initially enjoyed success, resulting in the recovery of vast sums of looted public funds.
However, a 2021 survey by AFRICMIL revealed that whistleblowing declined due to fears of victimisation, nepotism, and a lack of clear reporting channels.
The ICPC confirmed that over 78 per cent of public agencies lacked whistleblowing policies or redress mechanisms.
Ex-Attorney-General Abubakar Malami (SAN) consistently defended the administration’s record.
In January 2023, he announced that Nigeria had saved N1.4 trillion and over $500 million through legal interventions and had secured hundreds of terrorism convictions.
He credited Buhari with enacting significant anti-graft laws, including the Proceeds of Crime Act and the Terrorism Prevention Act.
Malami also highlighted international asset recoveries and judicial victories that prevented Nigeria from incurring massive judgment debts.
Ex-PACAC Chair Prof. Itse Sagay (SAN), a close ally of the administration, praised Buhari’s anti-corruption credentials, calling them “unmatched.”
He cited institutional reforms and enhanced transparency mechanisms as lasting achievements.
Yet others roundly condemned some of the administration’s tactics — especially the raid on judges — as authoritarian overreach and a clear affront to judicial independence.
Verdict and lessons
Buhari’s legacy on the rule of law is deeply polarising.
While his government scored some institutional gains in the anti-corruption fight, they were often overshadowed by authoritarian tendencies, judicial disobedience, and widespread human rights violations.
The Tinubu Administration faces the daunting task of rebuilding public trust in legal institutions and reaffirming Nigeria’s commitment to the principles of democracy, justice, and constitutional order.
The administration has shown mixed signals on the rule of law.
While he pledged to uphold constitutional principles, critics point to selective compliance with court orders, continued detentions without trial in some cases and abuse of the Cyber Crime Act.
Opinions remain divided on the suspension of the Rivers State Governor amid a state of emergency.
However, the Tinubu Administration has taken steps to improve judicial funding and autonomy, building on constitutional amendments enacted before his tenure.
There’s greater openness to legal reforms, but concerns persist over executive overreach and security agencies’ conduct.
Though less confrontational than his predecessor, President Tinubu’s rule of law record remains under scrutiny, with observers urging stronger institutional respect and consistent adherence to judicial decisions.
There is still time to right the wrongs.
What lawyers said about Buhari’s death
A former Nigerian Bar Association (NBA) President, Dr Olisa Agbakoba, said: “I was saddened to learn of the passing of President Buhari.
“He occupied a prominent place in Nigerian political history and, for good or otherwise, became a significant part of our national story.
“It is a tradition in African, and indeed Nigerian culture to honour the passing of all individuals.
“I join others in paying tribute to the memory of the late President. May his soul rest in peace. Amen!”
Another SAN, Dr. Wahab Shittu, said: “With the sudden death of former President Buhari in London, expectedly tributes extolling his virtues and failings will start pouring in.
“One attribute that no one can take away from the former leader was his simplicity. He maintained a simple lifestyle in and out of the office throughout.
“Ultimately, he understood the philosophy that we came into this world with nothing and will exit the planet with nothing. His dress sense and life were very simple.
“He was lucky to rule Nigeria both as military president and democratically elected leader. He shared this strategic position only with the former President Olusegun Obasanjo.
“His simple lifestyle was only comparable to the late President Umar Musa Yar’Adua. Both carried on in and outside the office with simplicity devoid of arrogance or any airs.
“The other trait that the late leader had was his cult following, particularly in Northern Nigeria.
“Other than the late Sardauna of Sokoto, I doubt whether there is any leader in history who commanded such a massive cult-like following, particularly in Northern Nigeria.
“How the late leader was able to amass such a massive Northern following ought to engage the attention of researchers and historians.
“The late leader, like former president Umar Musa Yar’Adua, was a man of few words. He never spoke much, but he had such a huge presence, particularly on his followers.
“Late President Buhari can also be credited with being one of the officers who fought the Civil War to keep Nigeria one. He was a very brave man.
“Nigeria and Nigerians will remember him as one leader who voluntarily surrendered power at the end of his tenure.
“He shared the podium in this respect with former President Olusegun Obasanjo and President Goodluck Ebele Jonathan.
“After his exit from power, he retired quietly to a private life in Daura before relocating recently to his modest Kaduna home.
“Adieu, President Muhammadu Buhari GCFR, undoubtedly one of the simplest leaders in history. We mourn”
Activist-lawyer Inibehe Effiong holds a slightly different view.
He stated: “The death of former President Buhari in London should offer the Nigerian political class another opportunity for sobriety and circumspection.
“As President, Buhari had eight years to offer selfless leadership and change the country for the better. He abused and missed that golden opportunity.
“Buhari had all the power and resources to build a standard hospital in Nigeria that would have catered for his medical needs, but he failed to do so.
He returned to power in 2015 by projecting himself as a reformed democrat, but he not only continued in his military attitude to governance, he transformed into a civilian dictator and a serial desecrator of human rights and democratic norms…
“Politicians who make the lives of Nigerians miserable during their lifetime cannot be venerated as saints in death.
“A culture that allows people to blatantly lie about the dead cannot bring progress and prosperity. I do not celebrate Muhammadu Buhari’s death; our mortality is what makes us humans.
“However, the living should always reflect on what they’ll be remembered for when they die…
“Those who are alive today and actively ruining the lives of Nigerians and destroying the country should remember that they’ll be gone someday…”
