Nigerian judiciary is merely a fruit; look to the evil tree producing it — Dele Farotimi

Outspoken lawyer and activist, Dele Farotimi, has once again sparked intense debate over the state of the Nigerian judiciary, describing it as a mere reflection of deeper systemic problems entrenched within the country. Speaking during the Toyin Falola Interviews on Sunday, where he was engaged by Professor Toyin Falola, Professor Farooq Kperogi, and journalist Rufai Oseni, Farotimi passionately argued that judicial reforms cannot occur in isolation without addressing the larger structural issues of governance, citizenship, and the rule of law.

“Our judiciary is merely a fruit,” he asserted. “You have to look to the evil tree producing the fruit if you want to change the fruit that you are complaining about.”

Farotimi did not mince words in his assessment of Nigeria’s legal and governance structures, emphasizing that the very foundation upon which the judiciary stands is corrupt and compromised. He likened the Nigerian system to a modern feudal state, where power dynamics and social stratifications are designed to suppress certain groups while shielding the privileged class from accountability.

“Nigeria is essentially a country governed by impunities,” he declared. “Impunity demands that the rule of law must be suspended so that men begin to determine what should happen. Men become the real basis for the governance of the state. When that is the case, it becomes impossible to expect certainty in governance. You cannot have a judicial system that is respectful of human rights or allows the equality of persons brought before it.”

He further expounded on how the Nigerian judiciary has been weaponized to serve the ruling elite, reinforcing the classist and oppressive structure that benefits a few at the expense of the majority.

“The law is not meant to serve the people in Nigeria,” he lamented. “It is structured to protect the elite class that operates with impunity. You will never see the big men of Nigeria answering for their crimes in a court of law. Instead, the judiciary is used to punish the weak, the poor, and those who dare to challenge the status quo.”

According to Farotimi, the loss of true citizenship rights in Nigeria is a critical factor in the malfunctioning of the judiciary. He questioned the very notion of human rights in a system that does not even recognize its citizens as rightful stakeholders in governance.

“The very term ‘human rights activist’ is subjective of fraud in Nigeria as far as I am concerned,” he stated. “Why don’t we deal with the underlying reason? You can be talking about animal rights because animals can’t talk. You can talk about children’s rights because they need protection. But in a country supposedly governed by laws, why should we be talking about human rights? It is a mockery!”

Farotimi’s scathing critique extended beyond the judiciary to the entire structure of governance, which he claimed perpetuates a system of inequality across ethnic lines.

“Feudalism that was once a Fulani construct has escaped its host; the entire country has become feudalized. That is why you cannot find any aspect of the Nigerian state that is different from one region to the other. The Igbo man is shouting marginalization, but there has not been a Fulani ruler in Igbo land in the last 25 or 26 years. They have been ruled by their own. Yet, they were viciously victimized during the years of Buhari. The judiciary we have today is not by accident. It is a function of design.”

He insisted that before any meaningful judicial reforms can take place, Nigeria must first tackle its foundational issues—restoring true citizenship, ensuring the rule of law, and instituting a people’s constitution that reflects the will of the Nigerian populace.

“To deal with the judicial rascality and the multiple malfeasances that you have seen in the judiciary, you have to deal with the larger Nigerian problem: loss of citizenship, the lack of the rule of law, and the complete absence of sovereignty and people’s constitution. You have to deal with all of those before you can deal with the judiciary. It is a chicken and egg situation.”

His comments also touched on the controversial nature of his book, Nigeria and Its Criminal Justice System, which has drawn criticism from many quarters. Addressing the legal battles surrounding the book, he made it clear that his intent was not to tarnish reputations but to expose the deep-seated corruption within the judiciary.

“All I did was write a book. Maybe we have become too accustomed to lies and allergic to truth, to the point where telling the truth has become a sin. Let us deal with veracity. Anybody can go and read and then come back and challenge me with the lie that I have told.”

Farotimi insisted that rather than attacking him personally, critics should engage with the substance of his claims.

“I said from the beginning that I stood by every word in the book that I had written. I said if anybody was unhappy with what I had written, they should feel free to take me to court, that I am happy to go through the same legal system that I have labeled as institutionally corrupt.”

Despite the ongoing lawsuits against him, he remains defiant, insisting that the evidence in his book speaks for itself.

“I was not gossiping; it was not idle, cheap talk. I wrote a book. Ninety percent of the persons criticizing me for whatever they believe my tactics to have been in writing the book have not read it. If Nigerians would stop being so philistinic and illiterate, if they would dare to read, there would be no arguments as to the proof of what I have written.”

He called for a complete re-evaluation of Nigeria’s governance structures, emphasizing that without foundational change, reforms in any sector—including the judiciary—would be mere illusions.

“If we do not reclaim our citizenship, if we do not insist on the rule of law, then all this talk about judicial reform is just noise,” he concluded. “You cannot plant an evil tree and expect it to bear good fruit.”

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