Fighting judicial corruption

In the past few years, there has been both local and international dissatisfaction with the long delays in trial process in Nigeria, particularly for high profile cases of corruption involving serving or former political office holders. Government attempts to recover looted assets in accordance with the law are often faced with dilatory tactics by lawyers […]

In the past few years, there has been both local and international dissatisfaction with the long delays in trial process in Nigeria, particularly for high profile cases of corruption involving serving or former political office holders.
Government attempts to recover looted assets in accordance with the law are often faced with dilatory tactics by lawyers sometimes in apparent collusion with judges.
It is partly for this reason that more than ever before, allegations of judicial corruption have become more strident and frequent.
Surveys on public perception of the judiciary clearly showed that the judiciary is losing the much needed trust and esteem of the Nigerian populace.
This, President Muhammadu Buhari said, is dangerous for the country’s fledgling democracy because it – democracy and the fundamental freedom, rights and assurances for the protection of private and public rights – relies entirely on a judiciary whose integrity is unimpeachable.
“In matters of integrity, it is clear that reputation or perception is as important if not more important than reality”, Buhari said.
The president who spoke through Vice President Prof. Yemi Osinbajo at the just concluded 2015 All Nigerian Judges Conference, therefore urged that the country’s judiciary must do all that is possible to fight the perception and reality of growing judicial corruption.
However, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, identified lack of political will to prosecute high profile corruption cases, especially those involving politically exposed persons or political party family members as being among the major reasons why corruption trials were often stalled.
The CJN said this during a meeting with the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), alongside other justices of the Supreme Court and the heads of federal courts held at the CJN’s conference room on November 24, 2015
“Experience within the judiciary shows that there is abject lack of political will to prosecute some of those cases pending before our various courts almost a decade in some instances. It is not because there are no special courts, but mostly for reasons of political expedience and other ancillary considerations,” the CJN said.
‘’I would likewise wish to encourage AGF to display a greater resolve than your predecessors in tackling outstanding cases before the courts. In times past, the Attorney General of the Federation would often lead teams of legal counsel in high profile cases so as to demonstrate the resolve of the government to enshrine the rule of law. Sadly, recent attorney generals have become less inclined to do this. I would certainly like to see you, as the attorney general, appear before us especially in cases of important national purport,” he said.
The CJN also advised the Minister of Justice to recruit more lawyers who should be adequately trained to handle more cases on behalf of the state. 
AGF Malami promised to publicly support the judiciary and ensure that legislation against false accusation of judicial officers is put in place.
On the other hand, many Nigerians feel the nation’s anti-corruption agencies are, after all these years, not doing enough.
In October alone, three ex-governors were interrogated by the Economic and Financial Crimes Commission (EFCC) operatives and they are all presently on administrative bail.
The commission had on October 19th interrogated former Governor of Kebbi State, Sa’idu Dakingari, over allegations of financial crimes when he held sway in government.
It also had recently interrogated his wife – daughter of late President Umaru Yar’adua, Zainab Dakingari – over allegations of money laundering during his tenure as governor, in an ongoing investigation.
On Saturday, October 17th, it continued the interrogation of former governor of Akwa Ibom State, Godswill Akpabio. His interrogation was fallout of the petition by an Abuja-based lawyer and activist, Leo Ekpenyong.
Then on 12th October, the EFCC interrogated the ex-governor of Benue State, Gabriel Suswam, over allegations of financial crimes.
The commission has several ongoing corruption cases in different courts across the country, top of include the pension scam fraud in the office of the Head of Civil Service of the Federation, the now-infamous oil subsidy scam and the Central Bank of Nigeria currency scam.
Others are scams involving the biometric data and a former Head of the Federal Civil Service, Stephen Oronsaye and corruption charges level against former governor of Jigawa State, Sule Lamido, as well as Adamawa State’s ex-governor Murtala Nyako.
Another ongoing criminal trial that is considered top priority by insiders is that on allegedly stolen funds at the Nigerian Maritime Administration and Safety Agency (NIMASA).
 Reacting to these developments, former President of the Court of Appeal (PCA), Justice Ayo Salami, wants President Muhammadu Buhari to get the EFCC and other anti-graft agencies to investigate corrupt judges.
Salami said this while speaking at the 8th annual forum of laureates of the Nigerian National Order of Merit (NNOM) and award held recently in Abuja.
“In the circumstance, corruption being criminal in nature, a solution that can be proffered is that judicial officers who are suspected of committing crime should be referred to the State Security Services, EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC) or the Nigeria Police for investigation and possible prosecution,” he said.
“For those of them who are found culpable or liable, the president may consider giving them soft landing by allowing them to resign and proceed on compulsory retirement or permit the law to take its due course.
“The present situation where there are serious allegations of corruption against a judicial officer in several petitions and the National Judicial Council let him off the hook on investigation of only one of the several petitions and retires him seemingly suggests that the interest of justice has not been served.
“The outstanding petition(s) should also be sent to the police for necessary action. Such judicial officers should be referred to the relevant security agencies for investigation and determination of their criminal responsibility,” he added.
The former PCA recommended a five-year tenure for Chief Judges (CJs) of both the state and federal high courts.
He said: “The CJs of both the state and federal high courts should have a prescribed tenure of not more than five years during which they are considered for appointment to the Court of Appeal or proceed on voluntary retirement. A long tenure sometimes spanning over 10 years is most unhealthy.
“An aspiring candidate for the offices of CJN, PCA, CJs, federal or state or any head of court whose age is less than five years from the age of retirement should not be appointable. Frequent change of heads of courts results in instability,” the former PCA president.
He also said that eradication of corruption in the judiciary should start with the appointment of judges.
“The fight against corruption in the judiciary should commence from the appointment of judges or justices to the various courts across the country. The sifting should start with the quality of university degree and the law school grade,” he said.
“In this age of Joint Admissions and Matriculation Board (JAMB), which allows a student with five credits at two sittings to gain admission into university, prospective candidates for appointment to the Bench without five credits at a sitting should not be considered,” the former PCA said.
Meanwhile, the Presidential Advisory Committee on Corruption (PACC) in collaboration with the Centre for Socio-Legal Studies has concluded plans to hold a workshop on the Administration of Criminal Justice Act 2015. 
The lead speakers at the workshop include, Prof. Fidelis Oditah, (QC) (SAN); Mr. Yemi Candid-Johnson (SAN); Prof. Yemi Akinseye-George (SAN) and Prof. Bolaji Owasanoye, PACC Secretary.
The theme of the one-day workshop which takes place tomorrow at the Valencia Hotel Abuja is, ‘Sections 306 & 393 of the Administration of Criminal Justice Act 2015 and Delay of Trials’.