From Godwin Tsa, Abuja
Justice is an integral part of human organisation and existence. In a democratic system, the organ of government that is saddled with the responsibility of dishing out justice to citizens and government is the judiciary.
In a political system that practices the separation of powers of the executive, legislature, and judiciary, the judicial system works optimally when those involved in the administration of justice conduct themselves with rectitude, ethically, and without fear and favour.
Indeed, it was once said that the judiciary is “the last hope of the common man.”
However, over the years, the judicial arm of government has come under criticism bordering on allegations of corruption, nepotism, and favouritism among other negative tags that have seemingly eroded the confidence reposed in it by the people.
Right or wrong, the public has scant confidence in the judiciary and that is a dangerous threat to Nigeria’s peace and stability, because once the citizenry loses faith in it (judiciary), then rebellion against the law and constituted authority becomes the fashion and chaos sets in.
In the year 2024, critical observers believe kthe task before the judiciary is to focus on its core values of dispensing justice and quickly embark on face-saving reforms that would eradicate these negative perceptions and restore its battered image.
Judicial Corruption
Corruption is a global issue that impacts all facets of society and undermines the rule of law and the effective administration of justice. Nigeria is not immune to this trend, as corruption has had devastating effects on its legal system, resulting in a weakened judiciary and law enforcement agencies, thus fostering a culture of impunity for the affluent and powerful.
The stability and prosperity of any society hinges on the rule of law and effective administration of justice, which guarantees accountability of government officials and protection of citizens from abuse.
One issue that has continued to batter the image of the judiciary is the allegations of wide spread corruption.
According to the then chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), “the justice sector had the highest level of corruption with a score of 63. Stupendously high amounts of money offered as bribes to judges by lawyers handling high electoral and other political cases heightened the level of corruption in the justice sector.”
He put the electorally related bribe money “demanded, offered and paid’’ between 2018 and 2020 at ₦9,457,650,000.00 (₦9.45 billion)
Many agree that it is a worrisome development because a corrupt judicial system is a sign of a weak state because corruption undermines all institutions.
No wonder, a retired Justice of the Supreme Court, Justice Samson Uwaifo said: “A corrupt judge is more harmful to the society than a man who runs amok with a dagger in a crowded street. While the man with the dagger can be restrained physically, a corrupt judge deliberately destroys the foundation of society.”
Public perception that judges are easily bribed, and that litigants cannot rely on the courts to render impartial judgments, is widespread.
Going forward, the infamous roles of senior lawyers in fuelling corruption must be urgently addressed. The National Judicial Council(NJC) and the Nigerian Bar Association (NBA) should collaborate to rid the system of such bad eggs polluting the judicial system.
Corrupt judges, as the late jurist, Kayode Eso, noted years ago, are becoming billionaires through election cases. Unscrupulous senior lawyers that facilitate the corrupt transactions are making even more billions.
Truth be told, the NJC has
over the years, wielded its disciplinary powers on some erring judges; some have been dismissed, others retired, and some denied promotion. However, many legal experts say these have not been enough. Many corrupt judges escape unscathed to enjoy their ill-gotten wealth. Lack of accountability and consequences entrench graft. When corruption is exposed, there should be stiff punishment and criminal prosecution.
Though corruption in the judiciary is just a reflection of all the pervasive corruption in the country, one expects less corruption in the judiciary.
Appointment of judicial officers
The mode of appointment of judicial officers should be revisited. Internal supervision should be strengthened; it should be seen that there is zero tolerance for corruption.
Appointment into the highest court and the appellate courts should not be left only to those who now form the recruitment base. This tradition of appointing only those from the bench may have outlived its sell-by date; let’s have the best brains in there.
A former president of the Nigerian Bar Association (NBA), Mr. Olumide Akpata at the International Bar Association (IBA) conference in Paris, France, lamented that only by sheer luck will the Nigerian judiciary produce a good judge and that the country is under ‘judiciary capture.’
He said as president of the NBA between 2021 and 2022 when he was a statutory member of the National Judicial Council (NJC), the body saddled with the responsibilities of recruiting and disciplining erring judges in Nigeria, he found out that Nigeria’s political class was desperate to pocket the judiciary. “It is deliberate, and it is intentional. And it is achieving results for them,” Akpata said, adding that such a move has very insidious consequences for the rule of law in Nigeria.
Speaking in the same vein, Chidi Odinkalu, a law professor and former chairman of the National Human Rights Commission (NHRC), on his X handle also wondered why heads of courts like the Chief Justice of Nigeria, Olukayode Ariwoola, and the presidents of the Court of Appeal and National Industrial Court of Nigeria, Monica Dongban-Mensem and Benedict Kanyip, respectively, would appoint their children or spouses as judges.
He also described the situation as ‘judicial capture.’ He even said one of the three justices who heard the appeal concerning the Kano governorship petition is a nephew of the Chief Justice of Nigeria.
Odinkalu had spoken in a television interview about how merit is sacrificed by the judiciary’s top hierarchy in favor of nominating their wards, wives, and mistresses as judges.
Speedy trial/disposition of cases
A fair and timely resolution of disputes and prosecution of criminals are critical components of effective administration of justice.
The legal maxim: “ Justice delayed is justice denied”, simply means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.
This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the injured party who sustained the injury having little hope for timely and effective remedy and resolution.
In the year 2024, machinery should be put in place for quick compensation of cases pending in court. This include the use of technology to the administration of justice in Nigeria, perhaps including a more efficient use and application of electronic hearing, accessible to the public. All originating motions and summons should be filed and heard through electronic platforms. Judgement should also be delivered by electronic medium.
In 2024, the need to embrace the use of new technologies for the digitisation of the court system should be on the plate.
Speaking on the issue of delay in the administration of justice, former Secretary of the Body of Benchers, Seyi Sowemimo (SAN) urged the judiciary to address delays.
Sowemimo said: “The delay in the administration of justice is the major problem that the judiciary faces and we need urgent reforms to address the problem.
This is because timely justice implies expeditious handling of disputes that result in reliable and predictable decisions based on precedents and distinguishable decisions based on fact-based distinctions.
For Emeka Etiaba (SAN), 2023 was a defining year for the judiciary.
He said: “Nigerians have risen to condemn the performance of the judiciary, and this ugly tale has been fanned by numerous conflicting judgments of courts and, in particular, the Court of Appeal.
“The not-so-good rating of the judiciary cannot be blamed on lack of precedents but the inability of the justices to follow the precedents thereby jettisoning the principle of Stare Decisis.”
He said Nigerians expect a change in the performance of the judiciary.
“This can only come where the National Judicial Council (NJC) decides not only to sanction judges who are guilty of unprofessional conduct but also, judges who refuse to abide by precedents commended to them by counsel.
“Again, except the process of appointment of judges is made transparent and merit-based, the quality of decisions of the courts will not improve.
“On the issue of improvement of emoluments of judicial officers, I expect a marked improvement but I sincerely do not believe that such improvement will ensure elimination of corruption as corruption in the judiciary is borne out of greed and not hunger,” Etiaba said.
A Senior Advocate of Nigeria, Wahab Shittu, said the judiciary must co-opt remedial measures targeted at improving justice delivery in the country, exposing and punishing corrupt judicial officers who have desecrated their oath of office and put our collective prosperity as a nation in jeopardy.
Shittu also stated that the judiciary anywhere in the world is encumbered with the responsibility to protect constitutionally guaranteed rights and freedoms, uphold the rule of law, resolutely safeguard proper and equal application of the law, and ensure that court verdicts are handed down by impartial, independent, ethical, and competent judges.
He stated that the vision of the judiciary must reflect seriousness, accessibility, timeliness, and transparency.
“The judiciary’s position as a final arbiter of disputes is one that should be taken with considerable seriousness because of the implications for the country in the absence of this legitimate concern.
“It is therefore an entrustment by the Nigerian people to the institution to resolve friction that impacts the country as a whole and citizens individually.
Access to Court
Shittu submitted that an accessible judiciary, which means that justice is easily accessible to all, is a principled recognition providing legal protection and upholding the rule of law while eliminating hindrances to prompt and effective access to justice. These are the hallmarks of a judiciary that serves the nation.