It’s all about cosmetics: fighting graft in the judiciary

For a little over one year, Justice Aloma-Mukhtar has been the Chief Justice of Nigeria (CJN). The record-breaker CJN presides over the Supreme Court and important constitutional and statutory associated institutions. Prior to her assumption of office, the judiciary had sunk to its lowest ebb since the return of constitutional democracy.  A pride to the […]

For a little over one year, Justice Aloma-Mukhtar has been the Chief Justice of Nigeria (CJN). The record-breaker CJN presides over the Supreme Court and important constitutional and statutory associated institutions. Prior to her assumption of office, the judiciary had sunk to its lowest ebb since the return of constitutional democracy.  A pride to the African community, the judiciary collapsed, particularly under Katsina-Alu CJN.  Some months before his demise, the revered Justice Eso, after reading two articles of mine in ‘Arbitration International’ invited me for lunch to discuss the themes, growing arbitration practice, and developing professional legal education in Nigeria amidst concerns about development in the legal profession and judiciary. Apparently, he could not understand why a full panel of the Supreme Court ruled in FBN v Maiwada (2012) that a law firm’s name on a writ made a suit and trial incompetent and void. To the grand jurist, this was not just a matter of technicality over substance, it was purely wrong in law, inconsistent with history of the legal profession, and counter-productive. He further remarked: “Twenty two years of my life on the Supreme Court bench destroyed”. Then he began coughing, well for what seemed about 10 minutes, apparently distressed by the impact. With Mukhtar JSC waiting to be appointed, Eso JSC believed that she would clean the Augean stable. Discussing corruption, he declared Mukhtar JSC was the only honest person on the Bench he knew. I quickly mentioned 2 other justices I considered myself close too and could swear for. His response was: ‘I take your word for it. I don’t know them’.
While most claims may be unfounded, corruption, particularly grand corruption exists. I once met a top finance operator, who voluntarily mentioned two judges as “robbers” and a law officer as an “armed robber”. They are still in the system.   Undeniably, petty and general corruption in the larger sense of the word is rampant and deeply entrenched.
Corruption among judges is the littlest of huge problems facing the judiciary. As only a few engage in corruption, a successful holistic policy against judicial corruption can be waged and cured within 6 months. It is perception of corruption, the sources and the causes, that need to be seriously addressed. This would take about 12 months to devise and enforce. Regrettably, recent past CJNs have been unwilling to provide a framework on these related issues.
The real question is what has Mukhtar CJN, unlike her predecessors, really done to uproot actual and perceptions of corruption in the Nigerian judiciary? I categorically declare not much.  
It is the majority of innocent judges who suffer perceptions of corruption by systemic latitude. The judiciary is a well resourced institution, but funds granted to enhance quality justice delivery system are wasted and in private hands of a few people.  
Interestingly, the truly corrupt class within the judiciary and their supporting principals and agents are known. If Mukhtar CJN says she does not know them, she is, again I am categorical, not telling the truth or does not want to know them. The corrupt class only get away with it is because they pocket the bad eggs, or partner with them and their families. It seems they literally charm the justices and their families. They then become untouchables. Some are now so powerful that they can punish, appoint, or remove judges who they believe will not cooperate with them. I should know what I am saying.  
What then is Mukhtar CJN not doing? First, unfortunately, like her predecessors, she is apparently clinging to all her powers, and undertaking tedious responsibilities herself. There is little she can personally alone achieve, and she has more important work to do. The need for Deputy Chief Justice of Nigeria (“DCJN”) (1 and 2) with assigned and specific duties and specialist staff is overdue. She should not let the opportunity slip by to forward the bill to the National Assembly. If the judiciary had her as DCJN 3 or 4 years ago overseeing and managing our corruption fight, the battle would have long ended years ago, with many kicked out. Second, unlike her predecessors, she is not accessible for information or dialogue. Third, she and every CJN needs but does not have a honest, trust worthy agent of change, a right hand person, that monitors, pursues, and co-ordinate for her needed reforms to transform the judiciary.  Fourth, she needs to commission an incisive study of how corruption in the wider sense has been entrenched in the judiciary, and ways that it can be eradicated, while guaranteeing security for honest staff and whistle blowers. Fifth, staff welfare should be taken seriously. It is limited, sporadically done, and made to further private pockets. Sixth, the special post of ‘Commissioner for Ethics’ should be created in the Federal and State Judicial Service Commissions. Persons of no nonsense integrity should be appointed. Seventh, the judiciary should publish its activities and accounts every year. All contracts above N2 million should be detailed. Finally, hideous characters, lumber jacks, and deadwoods, in the system should have gone by now.
What would all these proposals mean for the judiciary and the legal profession? The majority of honest judges, hardworking lawyers and supporting staff will work to deliver a highly respected profession. As it is, many good lawyers are moving away from legal practice. A retired Supreme Court justice has wept! Others moan. Our legal services industry will never develop, possibly destroyed. The rule of law and democracy will suffer. Corruption will continue and deluge her predecessors and the wider society. Anarchy will be rampant.  All these are challenges from corruption and perceptions of it in the judiciary. Mukhtar CJN must brace up to claim a vacant place in the history of modern judiciary. Enough is enough.

Dr Olatawura is of  Goldmann Lagos  Transnational Lawyers, Abuja