The President of the Enugu State Customary Court of Appeal, Justice George Nnamani, has warned that the growing “judicialisation of elections” in West Africa is undermining citizens’ democratic rights and weakening their ability to choose their leaders.
Nnamani gave the warning on Thursday while delivering the keynote address at the fourth edition of the Civil Society Week for West Africa (CSWWA 2026), organised by Spaces for Change in Enugu State under the theme, “Strengthening Judicial Protection of Civic Space in West Africa.”
He expressed concern that courts were increasingly replacing electoral management bodies as the final authorities on election outcomes, party registrations and candidates’ eligibility.
“When judicial decisions dictate who can contest and who is excluded, citizens are effectively stripped of their fundamental agency to choose their leaders, severely compromising the freedom of association and assembly,” he said.
The judge also cautioned that judicial endorsement was increasingly being used to shield executive overreach, warning that “repression effectively puts on the robes of the law.”
Addressing the protection of judicial independence, Nnamani described financial autonomy as the “crankshaft of the rule of law”, stressing that adequate funding was necessary to protect the judiciary from external pressure.
He commended the Enugu State Government for implementing judicial autonomy but criticised states where judges were compelled to seek funds, arguing that such practices weakened the judiciary.
Earlier, the Executive Director of Spaces for Change (S4C) West Africa, Victoria Ibezim-Ohaeri, raised concerns over what she described as the systematic weaponisation of judicial processes across the sub-region.
Citing the organisation’s report, Civic Space in West Africa: Trends, Threats & Futures (2nd Edition), she disclosed a sharp increase in human rights violations backed by judicial processes.
“Our findings indicate that judicially backed violations of human rights surged from just nine cases over six years to 70 cases within less than three years—representing an alarming increase of nearly 700 per cent,” she said.
Ibezim-Ohaeri said legal mechanisms were increasingly being used to restrict public movements, undermine opposition figures and justify state-led crackdowns.
She also raised concerns about the alleged weaponisation of anti-terrorism laws, citing Nigeria’s 775 terrorism-related convictions in 2025, alongside similarly high figures in Mali and Burkina Faso. She warned that human rights must not be sacrificed in pursuit of state objectives.
The S4C executive director further condemned the growing use of strategic lawsuits against public participation (SLAPPs), describing them as baseless legal actions intended to intimidate, exhaust and silence journalists, whistleblowers and grassroots movements.
She urged participants, including judges and civil society leaders from about 20 countries, to develop practical measures to strengthen judicial independence and resist repression enabled by the courts.
“Democracy cannot survive without an independent judiciary that courageously defends constitutional rights and freedoms and ensures every voice is heard,” she added.
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