In search of corruption-free judiciary in Nigeria

Philosophers and scholars have also emphasised the sacred stature of the judiciary not only in building a temple of justice but also in strengthening institutions in the state with a view to boosting its growth and development.Nigeria, like other nations, gives pre-eminence to the roles of the judiciary as the third estate of the realm. […]

Philosophers and scholars have also emphasised the sacred stature of the judiciary not only in building a temple of justice but also in strengthening institutions in the state with a view to boosting its growth and development.
Nigeria, like other nations, gives pre-eminence to the roles of the judiciary as the third estate of the realm. It is argued that the judiciary is the only organ of government that has been intact despite the chequered history of Nigeria caused by military interregnums.
However, in recent years, the judiciary has been accused of corruption and graft amidst scary assessment by  global institutions.
The Global Corruption Barometer 2013 said the nation’s judiciary is perceived to be among the most corrupt institutions in Nigeria. Also, the Investment Climate Statement 2013 said the citizens of Nigeria face long delays and frequent requests for bribes from judicial officials to speed up cases or to obtain favourable ruling  in Nigeria.
The Transformation Index 2012 said the nation’s judiciary lacks resources and requisite qualified personnel and is hindered by corruption.
According to the Human Rights Report  2013,the judiciary is prone to demands from the executive and legislative organs of government as well as pressure exerted by businesses in the country.
Besides, Global Integrity Report 2010 said as a result of high legal fees and the time-consuming process, many small-scale companies in Nigeria are disoriented from filing law suits and so prefer to settle such cases outside the confines of the court.
When she was sworn-in as the Chief Justice of the Federation in 2012, Justice Mariam Aloma Mukhtar, promised to change the corruption index of Nigeria and make the institution one that would pass global reckoning in terms of transparency, integrity and fairness.
The recent wielding of the big stick on some of the judges by the National Judicial Council(NJC),chaired by Mukhtar is believed to be an open Sesame by her to salvage the image of the third estate of the realm in the country.
There are concerns over the rate at which the big stick has succeeded in reducing corruption and graft in  the judiciary in Nigeria.
Expressing his worry over the development, Chairman, Civil Society Coalition AgainstCorruption(CSNAC),Olarenwaju Suraju, said that the failure of Nigeria’s judiciary to purge itself of corruption allegations haserodedits integrity as well as casts serious doubts on the acclaimed professed commitment of Justice Mukhtar to fighting corruption in the system.
He said the development is buttressed by among other things, the suspensionof Justice Umar of the Code of Conduct Bureau on the grounds of corruption allegation and investigation by the Economic and Financial Crimes Commission(EFCC) as well as the failure of the body to investigate Justice Adejumo of the Industrial Arbitration Court for allegedly  appointing judges who did not meet the requirements of the law.
Besides, participants at a recent three-day conference organised by the Nigerian Bar Association (NBA) in Abuja urged the NJC to sanction corrupt judges in order to reform the country’s judiciary. They further urged the NJC to treat all substantiated complaints against judges as an infraction of the Code of Judicial behaviour
  ‘’Therefore, any valid complaint bordering on corruption must not only be treated as misconduct but should be referred for prosecution. The National Judicial Council should refer all substantiated complaints of corruption against judicial officers to the appropriate law enforcement agencies for investigation,’’ the participants  said in a communiqué issued at the end of the conference .
The conference advocated review of the guidelines for the recruitment of judges to encourage a more transparent, competitive and merit-based system.
At one of its sittings in Abuja, participants at the ongoing National Conference  prescribed 50 years’ jail term for judicial officers convicted of corruption or perversion of justice.
They also said such officers shall lose all official entitlements including gratuity and pensions without an option of fine.
According to the National Conference participants, the decision was premised on the instances of some Asian countries where the enactment of such laws helped to restore sanity, reduce corruption, abuse of office andinstill due process and rule of law.
But the Chief Justice of Nigeria maintained that the National Judicial Council  (NJC)is committed in removing the bad eggs among the  judges, as six judges recently appeared before the council’s panel.
She warned Senior Advocates of Nigeria (SANs) to stop defending judges appearing before the NJC for corruption and misconduct cases, stressing that the senior lawyers always worked in collaboration with the judges under probe.
According to her, such SANs could be tagged guilty alongside the judges they defend.
She said: “The NJC is trying its best to ensure that those that are corrupt or that have cases of misconduct proved against them are shown the way out.
“We receive petitions and we have always tried to hear from both sides. But many times many affected judges complain that they are not given fair hearing. Some will come with as many as six SANs. Those SANs, who go with them, are equally guilty.
“There was one (a judge) that came with about six SANs, which showed they are working in tandem.”
A Senior Advocate of Nigeria, Felix Fagboungbe told our correspondent that a 50-year jail term recommended for corrupt judges and judicial officers is too stringent and would not stop the practice.
He said rather the looted funds should be confiscated by the authorities of the state.
According to  Femi Aborishade, the regime of penalty  for corruption should not be selectively determined, adding that a uniform regime should be established, regardless of those involved.
‘’If everyone is equal before the law, then penalty for corruption should be uniform if it is to pass the test of equity. If corrupt silk will be liable to a 50-year jail term, the same should be applicable to politicians, in or out of government,’’ he said.
He recommended that any judicial officer or otherwise, who has been proven to be corrupt ought to be removed from office and made ineligible for public office for life, adding thatthe looted wealth should be seized, without the looter having any share of it as it often happens under plea bargain.
According to him, all top public officers such as judges should be elected, not appointed, while litigants, lawyers and the NBA should make inputs in the assessment of judges in similar way other public officers ought to be democratically assessed through the eyes of those they serve.
He said: “Non-provision of welfare needs for the masses by those wielding executive power should be made a crime punishable by life jail. In that context, corruption at judicial level would also drastically reduce as it is executive corruption of the judiciary that has the greatest, devastating effect on the judiciary.’’
Nigerians are therefore awaiting the search for corruption-free judiciary that would genuinely serve its constitutional mandate to the people.
They also desire a transparent third estate of the realm that would lead the crusade against the rising cases of corruption and graft in Nigeria that havesmeared the image of the country abroad.
Nigerians also beckon the number one judicial officer to redouble her effort to rid the judiciary of bad eggs and make the institution the toast of all and sundry.