The theme originally chosen for this piece soon after I attended an intellectually rewarding public policy dialogue on “re imagining Nigeria: the role of the Court of Appeal and the Supreme Court” last week Tuesday was “REIMAGINING NIGERIAN JUDICIARY.” The forum was jointly organized by the Ken Nnamani Centre for Leadership and development, open society justice initiative and the Fiduciare media.
But midway into the write up I decided to rather interrogate myself and our readers on the extent that corrupt practices have permeated the nation’s Judicial system.
At the event, participants ranging from senior lawyers, senior journalists, civil society Activists, youth Leaders and Student union Activists, expressed their collective worry on the need to rescue the nation’s justice system from the strangle-hold of corruption. The participants unanimously agreed that if the operators of the Nigerian justice system must sincerely carry out their constitutional roles as enshrined in section 6 of the 1999 Constitution by ensuring that justice is not only done to all but must be seen to have being manifestly done, then the judges, Registrars and other important judicial workers must wage unrelenting war against corruption.
The forum was based on two detailed documentaries produced by the Fiduciare media on the roles played by the nation’s appellate courts in reshaping a new Nigeria and stabilizing democracy.
Chidi Odinkalu, a professor of law and the African programme manager of the open society Justice Initiative said the meeting was held because there was a yawning gap between ideas and politics in Nigeria.
Said he: “The business of the Court is the people’s business. If the court system fails the people, they suffer. ‘We’re asking for accountability in all arms of government especially the judiciary. We have set up in this forum an interdisciplinary panel discussing these issues and not just lawyers; the business of the court is correlated.’ We are in the political juncture of the court system. These two documentaries, highlight in details, information few Nigerians know of. It’s important for Nigerians to begin to talk of these courts in a wholesome manner.”
Professor Adele Jinadu, one of the nation’s best-known political scientists who was the lead discussant endorsed the assertions made by Dr. Chidi Odinkalu and made two very critical observations regarding some judgments that have come from some political litigations since the re-emergence of democratic rule in 1999. Jinadu observed that;
• In my professional work as a Political Scientist and personal experience, it’s becoming increasingly clear that judges don’t mechanically apply the law. In terms of interpretation, other factors influence their judgment. Since 1999, most cases are judged by other conditions being applied. Some other considerations beyond the law influence their decision and that;
• Our judges are too much in the public eye. They attend too many political functions, play important religious roles. We can still keep and insulate them from the general public. Let’s still have the veil of secrecy, if not their positions can be exploited. There should be a separation of religion and state.”
The second discussant, Prof. Isa Hyatu Ciroma raised valid question on the modalities adopted in the appointment of judges in Nigeria. “The way and manner judges in all courts are appointed leaves much to be desired. Much emphasis is given to what one has done in line of number of judgments and character. The judicial role is more than that. Issues such as a judge being ICT literate, being able to use this tool of research should be considered in appointments,” Professor Ciroma, stated.
Dr. Dung Pam Sha who represented the Nigerian Labour Congress (NLC) highlighted the public perception that there are widespread corrupt practices in the Nigerian court system and called for concerted effort to battle the scourge.
He was not alone because not too far away from the venue of the discussion, the chief Justice of Nigeria, Justice Idris Legbo Kutigi expressed worry that corruption has crept into the Nigerian court system. Kutigi who spoke at the inauguration of new Judges of the Federal High Court stated thus: “I advise you to shun corruption and corrupt practices. As you are already aware, the society expects much from the judiciary, as judicial officials, you are to live above board like Ceaser’s wife”. Kutigi threatened to henceforth invite the nation’s Anti-graft agencies to prosecute any corrupt judges.
The question I ask is why has no judicial officer of note convicted for corrupt practices even when it is a notorious fact that bribery and corruption are widespread in that institution in Nigeria?
Though some two years back, Transparency international, the Germany based anti-corruption watch dog rated the Nigerian Judiciary as the number four most corrupt institutions in Nigeria even as police ranked number one. But rational thinkers know that the decisions by some election petition Tribunals and the Appeal Panels to validate some disputed election results since 1999 till date smacks of widespread bribery, corruption and compromise between the Judges and the greedy political power seekers who have effectively captured power.
It is difficult for Journalists to expose these incidents of bribery and corruption that go on in the nation’s court system because they take place offshore or rather the bribe givers and takers do their businesses abroad and I doubt if any media outlet in Nigeria has ever thought of sending out investigative reporters to trail these bad eggs in our society. The absence of freedom of information law in Nigeria is also not helping the fight against corruption.
The Nigerian court system must be independent and impartial because as Carl Baar rightly pointed out in a piece titled; “The Emergence of the Judiciary as an institution”, that; “Courts not only share functions that both reinforce and check the exercise of public power, but also share common institutional characteristics and concerns. These are often summarized in the twin concepts of judicial independence and impartiality. Institutionally, the judiciary is expected to be separate from other arms of the state;… Individually, judges are expected to formulate their own decisions, consistent with their understanding of the law and their legal responsibilities, and free from preconceived conclusions or pressure from others to decide in a particular way. This does not mean that individual judges do not hold strong personal views, but it does means that they do not allow those views to colour the application of the law to the facts of a particular case.”
• Emmanuel Onwubiko heads the Human Rights Writers’ Association of Nigeria.
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