{"id":3332,"date":"2013-05-08T10:25:31","date_gmt":"2013-05-08T10:25:31","guid":{"rendered":"http:\/\/disnaija.com\/nigeria-news\/tackling-corruption-in-the-judiciary\/"},"modified":"2013-05-08T10:25:31","modified_gmt":"2013-05-08T10:25:31","slug":"tackling-corruption-in-the-judiciary","status":"publish","type":"post","link":"https:\/\/disnaija.com\/tackling-corruption-in-the-judiciary\/","title":{"rendered":"Tackling Corruption In The Judiciary"},"content":{"rendered":"
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By Akunna Ejim<\/em><\/p>\n

That corruption is one of the banes of Nigeria is no news to anyone with even the most remote knowledge of the affairs of the country. Most foreigners often hear about the country first through some form of negative association, usually unfair, since the focus on corruption is often magnified to the exclusion of any other positive attributes of the country. Scams, especially Internet fraud, excessive bribe-taking, rampant looting of public funds, lack of development, deliberate sabotage of power and other forms of infrastructure, brazen disregard of the rule of law and a culture of worship of ill-gotten loot are a few of the indices of corruption in Nigeria. In the past, the face of corruption was the police and other members of the armed forces, who would mount roadblocks and shamelessly canvas for money from motorists, irrespective of the fact that this was tarnishing the perception the general public had of them. In relatively recent times, a shocking trend has surfaced \u2013 one that threatens to tear apart the very fabric of the nation. This is the obvious corruption in the judiciary.<\/p>\n

The judicial arm of government has an important role to play in the impartial interpretation of the law and in keeping the other arms of government in check. After all, the rule of law stipulates that no one is above the law and the same parameters used in dispensing \u201cjustice\u201d to a poor person should also apply to someone with money to buy their way out of the path of the true justice they deserve. Otherwise, how is it possible that the erstwhile Assistant Director of the Police Pension Board only got a mere two years imprisonment or the option of a N750,000 fine and a forfeiture of property and money for his role in the theft of N39 billion pension funds. The judge must have known that there was no basis for justifying such a sham of a judgment, when some innocent people have been languishing in jail for up to 15 years, awaiting trial for the alleged theft of as little as N10,000. Legitimate pensioners lost their lives in pursuit of the elusive funds that had been diverted to personal use by the accused and other shadowy accomplices.<\/p>\n

Judicial discretion is necessary since no two cases are exactly identical. Though the law clearly states the procedure for dispensing justice, in certain cases, judges have wriggle room to apply their discretion to fit the unique situation surrounding the case. This discretion is granted to judges with the understanding that they would be reasonably applied. Unfortunately, this is not the case since the unreasonable exercise of judicial discretion is very common. A recent report from Global Corruption Barometer states that the judiciary in Nigeria is widely viewed as one of the most corrupt institutions. It has become quite \u201cnormal\u201d for judicial officials to request for bribes so as to move cases along much faster. In fact, some of them ask for financial compensation from parties to various cases to enable them obtain a favourable ruling, or even to be granted bail. In a country where a disproportionate percentage of the citizenry can barely afford some of the basic necessities of life, legal costs are viewed as a deterrent to access to justice. The woeful lack of sufficient lawyers assigned to provide legal aid means that the few who actually do have an enormous workload, and a lack of attention to the details of the cases they handle.<\/p>\n

Judicial officers who live above their means and flaunt their wealth without any fear of reproach further compound things. A situation where the citizens distrust the judiciary due to the belief that it is corrupt does not bode well for the nation, since this is an admission that all hope is lost. Where people cannot rely on the judiciary to dispense justice, they will inevitably look to other directions to settle their differences. In certain instances, some parties to a dispute might decide to settle out of court, even when it is very inconvenient, rather than deal with the hassles associated with bringing a case to trial in the courts. The implication of this state of mind is detrimental to the development of any society, including that of Nigeria. Criminals will continue to loot public funds and commit other atrocities, knowing that they can buy their way out of justice. The citizens will resort to other measures to resolve cases, including jungle justice. Investors will shy away from the country due to the belief that corruption permeates every structure of the society, including the judiciary. This is why it is welcome news that the National Judicial Council, NJC, has finally taken the necessary steps to expose and penalise the shady characters within the Bench. A rash of suspensions has affected some of the more notorious judges and the rest know very well that it is no longer business as usual. Granted, the salary of judicial officers is basic, unlike that of politicians. It takes a person with a strong willpower to resist the enormous amount of money and other inducements dangled before judges by people with a lot of money to burn. That is why it is necessary to choose such people very carefully, to cut down on the number of greedy judicial officers who will not only be easily swayed by such offers, but will actively ask litigants to provide such things as a condition to obtaining any kind of justice. Hopefully, this purge will be sustained and result in a more respectable judiciary that will once again enjoy the trust of the citizens.<\/p>\n

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