JUDICIARY ON TRIAL: PUBLIC TRUST IN THE AGE OF SOCIAL MEDIA AND POLITICAL POLARIZATION

Abstract

No judge lives in isolation. Social media has powerful influence on the masses. Simultaneously, judges need to stay in contact with the media, citizens and society if they are to demonstrate the judiciary’s openness and transparency. Judges must strike a reasonable balance between public involvements (including the media). On the contrary, judges must preserve their reputation as independent and impartial professionals in the discharge of their duties. The increased polarization in Nigeria among the political branches and citizenry affects the judicial selection, work, perception, and the judiciary at large. Political polarization has become a global concern. It was observed that Polarization in Nigeria over the last few decades affects the Nigerian judicial system in at least four ways. Firstly, polarization affects judicial selection or appointment by political actors. Secondly, driven in part by selection mechanisms, polarization may be reflected in the decisions that judges make, especially on issues that divide people politically. Thirdly, increasingly polarized judicial decisions appear to be causing the public to view judges and judicial decision making (at least on the Nigerian Supreme Court) through a more partisan lens. Fourthly, polarization may affect the separation of powers, polarization leads to “separation of parties, not powers.” This means we see less executive and legislative competition, and more competition among different political parties across political branches. The aim of this paper was to critically examine judiciary on trial, public trust in the age of social media and political polarization. The research methodology was doctrinal approach, using expository and analytical research design. The main sources of data collection were various legal literatures, both from the physical library and the e-library. It was recommended that judges must strike a reasonable balance between their public involvements (including the media) and can win trust only by deciding according to Law without regard to public opinion.