Introduction

Judicial corruption in Nigeria is just a strand in the fabric of Nigeria’s corruption. The substantiation to this affirmation comes from the fact that a nation’s corruption status is determined by a conglomeration of determinants.

Unfortunately, although corruption is a global pandemic, what salts Nigeria’s wound is the infamous position that she occupies on global corruption ranking. Based on the 2019 corruption perception index of Transparency International, Nigeria scored 26 (with 0 being highly corrupt and 100 being very clean) and ranked 146 (with position 1 being the least corrupt nation).[1] Noteworthy is the fact that 2018 ranking was even better: Nigeria scored 27 and ranked 144.[2]

Falling back on the above metaphor, it is a sad commentary that judicial corruption is aninfamous strand in the fabric of Nigeria’s corruptionupon which other strands draw their strengths, thereby heightening the impunity with which corruption is undertaken! This is because “A corrupt judiciary means also that the legal and institutional mechanism designed to curb corruption generally will be handicapped.”[3]Furthermore, anti-corruption laws will not be effective if the judiciary is corrupt.[4]

In the light of this challenge—and its attendant implications—this essay explores the causes of and solutions to judicial corruption in Nigeria. With the intent of presenting a sturdy discussion, the aforementioned focus is set against the backdrop ofsome important issues on the judiciary.

The Judiciary

As the third arm of government, following the legislature and the executive arms, the judiciary is saddled with the responsibility of interpreting laws. It plays a role in ensures that the rule of law is duly kept for the sake of orderliness in the society. Uchechukwu Wilson Nwosu corroborates, “In any democratic dispensation where there is the rule of law, it is the  responsibility of the  judicial  officers to  interpret  the  constitution  and  other  laws  in  order  to  maintain  law  and  order.”[5]Much responsibility in this regard is on the judiciary particular that the global ranking of compliance to the rule of law casts Nigeria in a bad light. Based on the 2019 World Justice Project Rule of Law Index, Nigeria ranks 106 from the 126 countries studied and scored o.43 on a score range of 0 to 1 with 1 indicating strong adherence to the rule of law.[6]

Such responsibility of the judiciary requires that its independence is upheld and accountability ensured—in a good balance. Judicial independence will ensure impartial judgment and protection of citizens against wrong use of power by those in authority[7] while accountability will bridle the abuse of discretionary powers of the judges.[8]It is against the foregoing discussion that the definition of judicial corruption will meet the duple role of giving its meaning and stating the extent to which judicial corruption has deviated from the paragon.

Judicial corruption—as defined by Waziri B. Adisa—is “the abuse of court process or judicial process by judicial or non-judicial officers, for purposes of satisfying their pecuniary or personal needs, which may carry monetary or non-monetary values.”[9] Such abuse may be perpetrated by various groups of people that contribute to the administration of justice. Hence, judicial corruption comes in the form of hiding a case file or distorting evidence, unfair verdict, baseless dismissal of cases, purposeful assignment of cases to certain judges, etc.

Causes of Judicial Corruption

For the purpose of brevity—accounted by the limitation in length of this essay—the discussion of the causes of and solutions to judicial corruption will be taken in broader categories. Hence each of the items will constitute a collection of points.

  1. Disregard to the Separation of Powers Particularly by the Executive Arm and Undue Political Influence: Since the executive plays a significant role in judicial appointments, a form of reciprocity is likely to take place between a judicial officer and the executive. Political interest can also interfere with the administration of Justice when judges are exposed or subjectedto blackmail, violence, threats of death, etc.[10]
  2. Hierarchical Constrains in the Judiciary and Corrupt Court Administrative Officers:This constitute cases where superiors in the judiciary exert undue pressure on the junior employees which, directly or indirectly,thwarts justice; they usually do so when they sense that their career progress is at stake. It may come in the form of “selective allocation of cases to judges who are likely to rule in a particular manner.”[11]Also, corrupt court administrative officers make files to disappear.
  3. Poor remuneration, Greed and Selfishness: Although it is not an excuse, poor remuneration that is garnished with greed and selfishness breed bribery to the extent that justice is put up for sale. Unfortunately, some lawyers serve as “middlemen between litigants, who want to buy justice and judges.”[12]
  4. Lack of Transparency and Accountability:Since judges have great discretionary powers, such powers will be prone to abuse where there is no transparency and accountability. This will result to judicial corruption.
  5. Nepotism/Tribalism/Cronyism:Favouritism is what all these have in common. These come to play in judicial appointment and administration of justice, thereby creating a corruption circle consisting ineligible judicial appointments and unjust verdicts.

Solutions to Judicial Corruption

  1. Avid Compliance to the Rule of Law:It is a given that there are a lot of statutory provisionsthat primarily target corruption, for example, Corrupt Practices and Money Laundering Act 2004, Advance Fee Fraud and Other Related Offences Act, 2006 etc. The underlying assumptions to corruption laws—as well as any other laws—is that the doctrine of the rule of law will prevail.
  2. Adequate Remuneration, Contentment, Judicial Openness in Financial Dealings and Compulsory Declaration of Assets: Both administrative staff and judicial officers deserve good remuneration. This is expected to ward off any inclination to corruption, but it is contentment that will ultimately bridle greed. Regular publicity of judicial financial dealings, from the level of budgeting to the level of detailed execution, and declaration of assets in keeping with the requirement of Code of Conduct Bureau will help in creating a sense of caution against judicial corruption.
  3. Check and Balance, Accountability and Transparency and Public Credibility:In the main, keeping to the aforementioned items will ensure adequate monitoring of the workings of the judiciary as judicial actors and non-judicial actors work together. This has the capacity of restoring public credibility of the judiciary. “Public credibility is essential to eradicate corruption, because people will not come forward or speak out until they trust the system to protect their interests.”[13]
  4. Genuine Commitment of the National Judiciary Council (NJC)to Fight against Judicial Corruption: There are some areas that the NJC can directly influence which can contribute in the fight against judicial corruption. Some of these areas are as follows: impartial and thorough appraisal of those who are put up for nomination or appointment for the capacity of judicial officers, impartial investigation and discipline of erring judicial offices,[14]
  5. Public Enlightenment about the Role of the Judiciary:This will arm the public with the knowledge of their rights; this will consequently equip them to take a stance towards enforcing their rights and resistingjudicial corruption. They will know which fees are unauthorized.[15]

 

Conclusion

This essay argued that judicial corruption is the worst form of corruption because it affects one of the primary machineries that ensure justice for the common man—as well as the “uncommon-man.” Hence, because of a deviation from its mandate, the discussion of the causes of and solutions to judicial corruption becomes pertinent. This is what this essay did.

 

[1]Corruption Perceptions Index 2019, Transparency International, 1/2020, 3.

[2]Corruption Perception Index 2018, Transparency International, 1/2019, 3.

[3]Strengthening Judicial Integrity Against Corruption.United Nations, 12/2000, 3.

[4]RoohollahRahimi and Hamid Shakeri, “Reflection on Judicial System’s Corruption and Offering Solutions to Promote Its Safety,” Journal of Politics and Law (Vol. 9, No. 9; 2016): 187-194, 187.

[5]Uchechukwu Wilson Nwosu, “The Impact of Corruption on the Administration of Justice in Nigeria,” Journal of Good Governance and Sustainable Development in Africa (JGGSDA) (Vol. 4, No 1, April, 2018): 1-13, 2.

[6]World Justice Project Rule of Law Index 2019, 5-6.

[7]Ibid., 3.

[8]Fighting Judicial Corruption.Transparency International, 10/2014, 4.

[9]Waziri B. Adisa, “Judicial Corruption, Institutional Reform And the Electoral Process in Nigeria,” Journal of Anti-Corruption Law, (Volume 1 Number 1, 2017) 88 – 106, 90.

[10]WahabEgbewole and Ibrahim Imam, “Nigerian Judiciary and the Challenge of Corruption: Islamic Options as Panacea,” Journal of Islam in Nigeria, Vol. 1 No 1, June 2015: 84-103, 99.

[11]Ibid., 100.

[12] A.O. Enofe B.O. Ezeani and O.M. Eichie, “Journal of Political Science and Leadership Research,” Perceptions of Corruption in the Nigerian Judiciary (Vol. 1 No.8 2015): 86-96, 87; citing Sagay.

[13]Fighting Judicial Corruption, 7.

[14]Nwosu, “The Impact of Corruption on the Administration of Justice in Nigeria,” 11.

[15]Fighting Judicial Corruption, 8.