Checking Post-Election Corruption In The Judiciary

Amidst the euphoria over Nigeria’s attainment of 50 years of nationhood and the countless justifiable reasons for the pomp and pageantry witnessed all over the country on October 1, this year, many still think that a lot should have been done better.

A major reason for this under-achievement, as voiced by eminent Nigerians and foreigners alike, is the negative influence of corruption in the nation’s body polity, which sadly has also permeated the judicial system.

Under the current democratic dispensation which took off over a decade ago, some rulings and judgments from the Bench, especially as they affect election petitions, indeed, fell short of acceptable tenets of impartiality, equity and justice which have tended to impugn the integrity of the judiciary.

In fact, some retired Justices of the Supreme Court, have in recent times, expressed concern over the quality of some court rulings, and are known to have called on the National Judicial Council (NJC) to intervene.

Apparently disturbed by the systemic desecration of the justice system, the Nigerian Bar Association (NBA), last week, warned that it would henceforth expose corrupt judges and lawyers as a means of halting the obvious descent of the judiciary into disrepute, on account of pervasive corruption in the system.

The NBA, which served the warning through its Vice President, Mr. F.B. Ukiri at the special court sitting to mark the commencement of the Federal High Court Legal Year 2010/2011 in Port Harcourt, last week, said it would adopt several strategies including “detention by deception” to expose corrupt judicial officers.

While this may not be the first time the NBA or any other group of Nigerian professionals for that matter, would be expressing aversion to the inhibiting influence of corruption on national development, the new resolve by the Bar to expose corrupt judges and lawyers is one that calls for support and encouragement.

The judiciary, being the third arm of government after the legislative and the executive, is presumed to be the last hope of the citizen, in the resolution of dispute. If, therefore, an aggrieved litigant cannot get justice from the judiciary, due to the missteps of compromised judges and lawyers, then democracy seems doomed.

The choice of becoming member of the Bench should not just be seen by anyone as source of livelihood but a clarion call to the sacred temple of justice which demands sacrifice, honesty, impartiality and the fear of the Almighty God, in discharge of such constitutional duties.

This is why the fresh call for a corruption-free judiciary by the NBA is not only apt and imperative but also timely, particularly now that the 2011 general elections are fast approaching.

It is a painful fact that less than a year to the next elections, some complaints and litigations arising from the 2007 polls are still lingering in some courts, a tacit expression of the confusion created by many considerations, one of which is alleged corruption of a few members of the Bench through confusing, inconsistent, and even incoherent verdicts, not backed by evidence or judicial principles.

Sadly, what such miscarriage of justice succeeds in achieving is the enthronement of unpopular candidates who end up mortgaging national development for personal enrichment.

This is why, as the period of politicking sets in, with the likelihood of producing some unscrupulous politicians, lawyers and judges who, like always, may, once again, be tempted to subvert the will of the people, through legal confusion. ‘No’ to corruption should be the watchword.

We, therefore, urge the NBA, civil society organisations and all other stakeholders in the Nigeria project, to not only condemn such miscarriage but also be proactive, by not only exposing such dishonourable judges, corrupt lawyers and unscrupulous politicians but also bringing them to justice.

Furthermore, we recommend that the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) should be involved in the screening of politicians now yearning for political offices in the 2011 elections at all levels. Such a measure, we believe, will ensure that only Nigerians with proven integrity, impeccable character, free from allegations bordering on corruption are cleared and that way, help reduce the incidences of electoral violence, thuggery and ballot box hijack and ensure free and fair elections.

However, since corruption in the judiciary is not limited to judicial officials and lawyers alone, there is also the need for all Nigerians to begin to purge themselves of this vice as the nation begins the march to her centenary anniversary. That is one of the ways to ensure that many more of the nation’s development potentials are not again wasted, as in the first 50 years, owing to corruption