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While many Nigerians have lost hope in the judicial system, others are still hopeful that somedays, there will be light at the end of the tunnel regarding corrupt practices.
And so, corruption which has been a major set back in the judicial system continue to bring about agitations for sanitization and total clean up. Yes, it would be hypothetical to allude that only the judiciary is corrupt in Nigeria, no. Most investigative reports especially from SERAP, had shown that the Judiciary, security, health, education are among this monstrous identity.
In this exclusive report written by Henry Ojelu, titled, Corruption in the judiciary: Reflections from retired justices, judges, published in today’s Vanguard (online) detailed us insightfully about various retired judges outburst in the past.
His piece:
The Nigerian judiciary, once revered as the bastion of integrity and fairness, has in recent years been tainted by allegations of corruption, nepotism, and abuse of power. Last month, the arrest and arraignment of Lagos-based lawyer and activist, Mr Dele Farotimi for alleged criminal libel against Chief Afe Babalola, SAN, in his book, ‘Nigeria and Its Criminal Justice System’, rekindled the discussion of corruption in the judiciary. It’s a potent danger of undermining the foundations of justice and democracy in the country.
In this report, Saturday Vanguard gathered reflections from some retired justices of the Supreme Court and Appeal Courts and judges of lower courts who have spoken out about the corruption they witnessed during their time on the bench. Their candid assessments offer a unique glimpse into the inner workings of the judiciary and highlight the urgent need for reform.
Nigeria’s judiciary has become something else —Justice Dattijo
When Justice Dattijo Mohammed retired from the Supreme Court last year October, after over 40 years of service and having reached the mandatory 70 years retirement age, he left the stage with indelible remarks about judicial corruption, criticising the Chief Justice of Nigeria, CJN and over-concentration of powers in the CJN office.
Justice Muhammed also criticised, citing references from public opinions, perverse decisions emanating from the Supreme Court and other Nigerian courts, as well as the flawed and arbitrary appointments of judges in the country.
The retired justice who rose to become the second-most senior Justice of the Supreme Court, also made scathing comments about alleged corrupt handling of the judiciary’s funds and the judiciary’s affairs in the Supreme Court and other courts down the hierarchy of the Nigerian judiciary.
In his sober reflection over how the judiciary had lost its integrity and prestige over the years, with rampant corruption and malfeasances often reported about the judiciary institutions, he said the public confidence in the Nigerian courts had never sunk to the level it now found itself.
Below is an extract from his valedictory speech: “ Through the years, I rose to become the second most senior Justice of the country’s apex Court and Deputy Chairperson of the National Judicial Council. Considering the number of years I have spent in judicial service and the position I have attained by the grace of the Almighty, I feel obligated to continue the struggle for reforms for a better Judiciary and would be leaning on the earlier submissions of those who had exited before me.
“Now, how has the Judiciary fared in the course of my journey? The journey was calm and fulfilling until about half way through my Supreme Court years when the punctuating turbulent cracks made it awry and askew.
“Public perceptions of the judiciary have over the years become witheringly scornful and monstrously critical. It has been in the public space that court officials and judges are easily bribed by litigants to obviate delays and or obtain favourable judgments.
“His lordship Adefope-Okojie JCA, at the point of exiting, had enthused thus: ‘Pleas are expressed everyday by the generality of the public begging the judiciary to be just to be truthful; and to save the country from collapse. My question is whether the judiciary needs to be begged or cajoled? What is it that qualifies any person to bear that exalted name ‘Honourable Justice’? Is it not for him to administer justice without fear or favour?…..”
“Unfortunately, It has been severely vilified, with the Apex Court so denigrated and called by a social commentator as a voter gaggle of useless, purchasable judicial bandits. How did the judiciary get to this level? Why is the whole country on edge for fear of what the public regards as unpredictable judicial pronouncements?
“There must be a rethink and a hard reset. If the people we have sworn to defend have lost confidence, there is a problem that must be addressed.”
“Recently, fresh allegations have been made that children and other relatives of serving and retired judges and justices are being appointed into judicial offices at the expense of more qualified candidates lacking in such privilege and backing. It is asserted that the process of appointment to judicial positions are deliberately conducted to give undue advantage to the “children, spouses, and mistresses” of serving and retired judges and managers of judicial offices.
“At the Court of Appeal, it is also asserted, presiding Justices are now being appointed out of turn. And there is the further issue of the unpredictable nature of recent decisions of the courts as well. A number of respected senior members of the bar inter alia, citing the Ahmed Lawan, the former President of the Senate and the Imo Governorship appeals, claim that decisions of even the apex court have become unpredictable. It is difficult to understand how and where, by these decisions, the judicial pendulum swings. It was not so before, they contend.
“My lords, distinguished invitees, ladies and gentlemen, it is obvious that the judiciary I am exiting from is far from the one l voluntarily joined and desired to serve and be identified with. The institution has become something else.”
Judiciary need thorough probe to address corruption —Justice Ejembi Eko
When Justice Ejembi Eko retired from the Supreme Court in 2022, one of his biggest worries was the endemic corruption in the judiciary and how it had robbed the justice system of its reputation.
During a valedictory session organised to celebrate his retirement, rather than bask in the euphoria of the moment, Justice Eko used the occasion to lament the corruption in the judiciary, especially in the handling of its finances. He called on anti-graft agencies to probe the financial records of the judiciary.
Expressing the lack of financial transparency in the judiciary, Mr Eko said, “As it is, presently, and as the Director of Budget in the Federal Ministry of Finance disclosed recently at the memorial lecture in honour of the late Abdullahi Ibrahim, SAN, it is baffling that the welfare of judges remains in abject state in spite of the increase of the budgetary allocation to the Judiciary under this regime. Why?
“The said director of budget suggested that the panacea to the often touted underfunding of the judiciary would be for ‘the judiciary to allow its books to be opened’ by the relevant authorities.”
Similarly, Mr Eko criticised the NJC), which he accused of applying double standards in the discipline of erring judicial officers.
The NJC is the statutory body with the mandate of recruiting judges and disciplining those found guilty of misconduct.
Justice Eko said that while some judges found culpable of misconduct were barred from getting promotions, others that committed similar breaches, had their promotion stalled for some years.
“With all deference to the NJC; the punishment fell short of the expectation of the public that these bad eggs should have been broken or smashed and/or exterminated, to serve as deterrence.
“When the punishment for an outstandingly bad and outrageous conduct is far too lenient, it encourages impunity and/or repeat by others of errant or atrocious misconduct,” Justice Eko said
Effective leadership needed to address corruption in the judiciary—Justice Eso
Revered Justice Kayode Eso passed in November 2012 but his words about the dangers of a corrupt judiciary and its dire consequences on the nation remain indelible.
Described as the Father of Judicial Activism in Nigeria, Justice Kayode Eso is the greatest protagonist for an independent judiciary and very well known for his relentless efforts in maintaining discipline and protecting the integrity of his court.
In his book, “The Judiciary: The Shield of Justice”, Justice Eso wrote: “Corruption in the judiciary is a major problem that needs to be addressed. It is a problem that has been affecting the integrity and effectiveness of the judicial system. It is a problem that we need to tackle head-on. We need to take urgent steps to address corruption in the judiciary.”
Justice Eso emphasized the need for effective leadership in the judiciary. He stated: “The judiciary needs effective leadership to address corruption. We need to ensure that judges are held accountable for their actions. We need to ensure that the judiciary is transparent and accountable. We need to take urgent steps to address corruption in the judiciary.”
Justice Ade Alabi
A retired Chief Judge of Lagos State, Justice Ade Alabi, also spoke about corruption in the judiciary. During his valedictory session, Justice Alabi stated:
“Corruption in the judiciary is a major challenge that we need to address. It is a problem that has been affecting the integrity and effectiveness of the judicial system. It is a problem that we need to tackle head-on. We need to take urgent steps to address corruption in the judiciary.”
Justice Alabi attributed the high level of corruption in the judiciary to the lack of accountability and the failure of the judiciary to police itself. He stated:
“The judiciary needs to take urgent steps to address corruption. We need to establish a robust disciplinary mechanism to deal with corrupt judges. We need to ensure that judges are held accountable for their actions. We need to ensure that the judiciary is transparent and accountable.”
Justice Umaru Abdullahi
A Justice of the Court of Appeal, Justice Umaru Abdullahi who retired in 2009 also expressed concern about corruption in the judiciary, Justice Abdullahi stated:
“Corruption in the judiciary is a major problem that needs to be addressed. It is a problem that has been affecting the integrity and effectiveness of the judicial system. It is a problem that we need to tackle head-on. We need to take urgent steps to address corruption in the judiciary.”
Justice Abdullahi attributed the high level of corruption in the judiciary to the lack of transparency and accountability. He stated: “The judiciary needs to be transparent and accountable.
We need to ensure that judges are held accountable for their actions. We need to ensure that the judiciary is free from corruption and other forms of malpractice. We need to take urgent steps to address corruption in the judiciary.”
Justice Olutade Komolafe
A retired Chief Judge of Ogun State, Justice Olutade Komolafe, also spoke about corruption in the judiciary. Justice Komolafe stated:
“Corruption in the judiciary is a major challenge that we need to address. It is a problem that has been affecting the integrity and effectiveness of the judicial system. It is a problem that we need to tackle head-on. We need to take urgent steps to address corruption in the judiciary.”
Justice Komolafe attributed the high level of corruption in the judiciary to the lack of effective leadership and the failure of the judiciary to police itself. He stated:
“The judiciary needs effective leadership to address corruption. We need to ensure that judges are held accountable for their actions. We need to ensure that the judiciary is transparent and accountable. We need to take urgent steps to address corruption in the judiciary.”
What former President GoodLuck Jonathan once said about our elections:
If a South African loses an election, and he goes to court to challenge it, it’s very strange. But if a Nigerian politician loses an election and he doesn’t go to court, it is very strange.
And this is serious. When I was a vice president, I was invited to South Africa for the 10th anniversary of Nigeria/South Africa Bilateral Commission. The Deputy President then was a lady.
And at that time in Nigeria, we were staying in court for a very long time which has affected the tenure of our elected officials and we’re now having off-cycle elections. So, I wanted to know from her what they do in South Africa.
So, I asked her how long it takes for their judicial system to conclude their election at the end of voting. She was surprised I was asking such a question and here was the vice president and a very senior member of the ruling African National Congress, ANC.
She felt agitated as if what I was telling her was a scrap. So, she said why should somebody go to court after losing an election. She was surprised that in Nigeria, people go to court after losing an election.
And why should it happen that way? The judiciary will help us. But my thinking is that 50% of those who go to court believe they were cheated by the electoral management system and they were rigged out. And when you feel you were rigged out, naturally you have to go to court. So, assuming the elections are properly conducted, that 50% will not go to court.
The remaining 50% that goes to court knows they have lost the election but they think they can use the judiciary to declare them winners. So, if the judiciary doesn’t declare people who don’t win elections that they are winners, that remaining 50% too will not go to court.
In South Africa, the electoral management body will never compromise and they all know. So, if you lose an election, you just wait for the next election.
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