Eroding trust in the global legal system

Justice is a fundamental pillar of any functioning society, ensuring that the rule of law is upheld and that citizens can trust in the fairness and…

Justice is a fundamental pillar of any functioning society, ensuring that the rule of law is upheld and that citizens can trust in the fairness and impartiality of the legal system. However, in recent years, there has been a growing concern that justice is being compromised for economic and political gain.

From the United States to Nigeria, influential individuals and institutions use their influence to shape the outcomes of legal cases and manipulate the judiciary for their benefit. 

In the United States, the Supreme Court is the highest in the land, responsible for interpreting the constitution and making decisions that have far-reaching societal implications. However, the appointment process for Supreme Court justices has become increasingly politicised, with nominees often selected based on their perceived support for a particular political party or agenda.

Justices Clarence Thomas and Samuel Alito, both appointed by Republican presidents, have faced criticism for their perceived bias towards conservative causes. For example, in the 2010 Citizens United case, the court ruled to allow corporations and unions to spend unlimited money on political campaigns, a widely criticised decision favouring corporate interests and undermining democracy. Critics argue that these and other decisions made by the court demonstrate the influence of political and economic interests on the judiciary.

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In Nigeria, a recent scandal involving a retiring senator and his wife, the former head of the country’s appeal court, has raised questions about the judiciary’s integrity. In a viral video, Senator Bulkachuwa bragged about his influence over his wife’s decisions at a time she served as the head of the Court of Appeal, to the amusement of fellow senators. This revelation has fueled concerns about the impartiality of Nigeria’s legal system and the potential for political and economic interests to compromise justice.

In Brazil, a massive corruption investigation known as Operation Car Wash has exposed widespread bribery and corruption within the country’s political and business elites. The investigation has implicated high-ranking politicians, business executives, and even former presidents, revealing a deeply entrenched culture of corruption.

However, some critics argue that the investigation has been used as a political tool, with specific individuals targeted for prosecution to advance the agenda of influential figures within the Brazilian legal system. This has led to concerns about the integrity of the investigation and the potential manipulation of justice for political gain.

China’s legal system has long been criticised for its lack of transparency and the influence of the Communist Party on judicial decisions. In recent years, the Chinese government has taken steps to reform the judiciary, but concerns remain about the role of political and economic interests in shaping legal outcomes.

For example, in 2018, prominent human rights lawyer Wang Quanzhang was sentenced to four and a half years in prison for “subversion of state power.” He has since been released. Critics argue that Wang’s prosecution was politically motivated, as he had represented clients targeted by the government for their activism or religious beliefs.

As these case studies demonstrate, manipulating justice for economic and political gain is a global issue that undermines trust in the legal system. When powerful and connected individuals and institutions can use their influence to shape the outcomes of legal cases, it erodes the fundamental principles of fairness and impartiality essential to a functioning judiciary. This, in turn, can lead to a loss of public confidence in the legal system, resulting in decreased respect for the rule of law and weakening democratic institutions.

In the United States, for example, a 2020 Gallup poll found that only 40 per cent of Americans had a “great deal” or “quite a lot” of confidence in the Supreme Court, down from 49 per cent in 2000. This decline in trust can be attributed, at least in part, to the perception that political and economic interests influence the court.

Similarly, in Nigeria, the Bulkachuwa scandal has further eroded public trust in a legal system that has long been plagued by corruption and inefficiency. According to Transparency International’s 2019 Corruption Perceptions Index, Nigeria ranked 146 out of 180 countries, indicating a significant problem with crime in the country’s institutions, including the judiciary.

The Operation Car Wash scandal in Brazil has led to widespread disillusionment with the political system and judiciary. A 2019 survey by the Brazilian Institute of Public Opinion and Statistics found that only 35 per cent of Brazilians trusted the country’s judicial system, down from 42 per cent in 2018.

In China, the lack of transparency and the influence of the Communist Party on the judiciary contribute to a general distrust of the legal system. According to a 2020 survey by the Chinese Academy of Social Sciences, only 35.8 per cent of Chinese citizens trust the country’s courts, reflecting concerns about the impartiality and fairness of the judicial process.

The manipulation of justice for economic and political gain is a global issue that poses a significant threat to the integrity of the legal system and undermines public trust in the judiciary. As the case studies from the United States, Nigeria, Brazil, and China demonstrate, influential individuals and institutions use their influence to shape legal outcomes and further their interests, often at the expense of fairness and impartiality.

To restore trust in the legal system and uphold the principles of justice, it is essential to address the root causes of this corruption and implement measures to ensure the independence and transparency of the judiciary. This may include reforming the appointment process for judges, strengthening anti-corruption efforts, and increasing public oversight of the legal system.

Ultimately, a fair, impartial, and trustworthy legal system is crucial for the stability and prosperity of any society. By confronting the issue of justice for economic and political gains, countries around the world can work to safeguard the integrity of their legal systems and protect the rights of their citizens.

 

Adekola is a Chartered Accountant and public commentator [email protected]