As a result of the festering corruption in the judiciary, the National Judicial Council (NJC) recently set up four panels to investigate allegations of misconduct against 27 judges. The decision was one of the outcomes of the 106th NJC meeting held in Abuja. The inquest into the alleged misconduct of judges was contained in a statement signed by the NJC Director of Information, Soji Oye.
While the NJC dismissed some petitions against some judges, including the allegation leveled against the immediate past Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola and the President Court of Appeal, Justice Monica Dongbam-Mensem, it found the allegations of misconduct against the 27 Judges meritorious and worthy of investigation.
The investigation of the alleged misconduct of some judges is appropriate and timely. It will hopefully check the endemic rot in the judiciary. The corruption in the judiciary has been more noticeable in the handling of election matters. If the problem is not quickly addressed it will erode the peoples’ confidence in our democratic process. The corruption of the judicial process violates Section 17(2) (e) of the 1999 Constitution (as altered), which provides for the independence, impartiality and integrity of courts of law. The moral decay in the judiciary negates the maxim that the judiciary is the last hope of the common man. Some questionable and contradictory judicial pronouncements emanating from our courts equally portray the rot in the system. The inherent abuse of the ex-parte orders by courts of coordinate jurisdiction is rampant. Forum shopping has become a feature of our judicial system. The temple of justice should be desecrated by corrupt judges and unscrupulous judicial officers. There is need to reform the entire judiciary and rid it of errant judges.
It is troubling that the rating of Nigerian judiciary is now very low. The ugly development is contrary to the ethical rectitude of judges. As a former renowned Justice of the Supreme Court, Justice Niki Tobi(retd) once said, “a judge by the nature of his position and professional calling, is expected to be straight forward, diligent, consistent and open in whatever he does in court and other places of human endeavour that he finds himself.” He reminded judges to bear in mind that they are the cynosure of entire adjudication in court, and as Caesar’s wife, they are expected to live above board and above suspicion. Unfortunately, these cherished virtues appear to have been abandoned by some judges. Henceforth, the appointment of judges should be based purely on merit, exemplary character and excellent knowledge and interpretation of the law and not based on filial relationships as was the case in the recent appointment of some judges. The NJC should wield the big stick and overhaul the judiciary and rid it of bad eggs. In 2016, the NJC launched the National Judiciary Policy (NJP). It was part of its anti-corruption crusade to sanitise the judiciary. Looking back now, the NJP seems to be a mere paper tiger, apparently powerful but actually ineffective. Even worse, other extant laws meant to curb misconduct in the judiciary have been breached, while corruption allegation against judges is rising steadily. For instance, a 2019 joint survey by the United Nations Office on Drugs and Crimes(UNODC) and the National Bureau of Statistics (NBS) revealed that corruption in the Nigerian judiciary was quite extensive, adding that 20 per cent of those who have had contact with the judiciary complained bitterly that they were confronted with “requests for the payment of bribes.” The survey also said that though male and female judges were involved, however, it noted that “male judges are far more involved in seeking bribes than their female colleagues.” Similarly, a survey conducted by the Independent Corrupt Practice and Other Offences Commission(ICPC), disclosed that Nigerian lawyers offered N9.4billion bribes to judges between 2018 and 2020.
The 84-page report entitled, “Nigeria Corruption Index,” said the private sector ranks next in corruption levels. The bribes from lawyers were specifically for judges handling elections and other political cases. Most of the lawyers interviewed by the ICPC survey reportedly admitted paying N5.7billion as bribes for election cases they were handling for their various clients. These startling revelations are not surprising considering some of the verdicts delivered by various Election Petitions Tribunals across the country.
It is time to turn the page and cleanse the judiciary. Beyond investigating the alleged misconduct against 27 judges, there is need for a special independent Task Force that should periodically investigate reported cases of professional misconduct and prosecution of the delinquent judges to act as deterrent for others. As an important arm of government, the corruption in the judiciary must not be condoned.