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Justice Walter Onnoghen, former Chief Justice of Nigeria, stated, “Without proper funding and autonomy, the judiciary cannot function effectively. Those in power must recognize the separation of powers and allow the judiciary to fulfil its constitutional role. ” Our ruling classes are often bent on pressuring the judges to rule in their favour.
*Dr. Umar Osabo
PEGASUS REPORTERS, LAGOS | DECEMBER 29, 2024
* Introduction:
The Nigerian judiciary, intended to serve as the guardian of justice and the rule of law, has increasingly been scrutinised for its perceived complicity in the country’s endemic corruption. This analysis aims to critically examine the judiciary’s role in perpetuating corruption in Nigeria, with a particular focus on notable cases such as that of Yahaya Bello, the former Governor of Kogi State. Through a painstaking assessment of various cases, expert opinions, and systemic challenges, the analysis will delve into how judicial processes have been manipulated to serve the interests of the powerful rather than uphold justice.
* Background
Corruption has been a longstanding issue in Nigeria, with the country consistently ranking among the highest on global corruption indexes. The judiciary, as a crucial branch of government, is expected to play a pivotal role in combating corruption. However, it has often failed to deliver, leading to allegations of bias, corruption, and inefficacy. The juxtaposition of political power and legal accountability often skews judicial decisions, favouring those in positions of authority. A situation that has made most Nigerians see the court as a place where justice is allegedly sold to those who have the money to buy it. That’s why many prefer to settle their disputes outside the courts.
* The Case of Yahaya Bello
Yahaya Bello’s tenure as Governor of Kogi State has been marred by allegations of corruption and mismanagement. Despite these allegations, he has remained largely unscathed by the judicial process. So much so that the court has issued an order preventing the Economic and Financial Crime Commission (EFCC) from arresting him! Thus, investigations into his administration have been met with significant delays or outright blockage, raising questions about the integrity of Nigeria’s judicial system.
In 2021, the Economic and Financial Crimes Commission (EFCC) started ongoing investigations into Bello and several officials in his administration. However, as of late 2024, significant progress has yet to be made, casting doubt on the vigour of judicial follow-through in cases involving prominent figures. Legal experts suggest that such inertia is symptomatic of a broader issue within the judiciary.
* Expert Opinions
Legal scholars and practitioners attest to the pervasive issues of corruption within the Nigerian judiciary. Perpetuating a cycle of impunity, they argue, is a result of several interrelated factors, including political interference, bribery, and systemic inefficiencies. Dr. Ejiro Ndidi, a legal expert, argues, “The Nigerian judiciary has become a playground for the powerful. When governors and politicians face corruption allegations, the wheels of justice move slowly, if at all.” This single corrupt atmosphere in the country’s judiciary system has in so many given fresh impetus to those in public offices to steal without fear its consequences. As such, corruption to those in power has become legal.
*Political Influence
Political influence on the judiciary is perhaps the most cited reason for its shortcomings. The appointment of judges is often subject to political patronage, undermining their independence and accountability. In Nigeria, governors have been known to exert pressure on judicial officers, leading to favourable rulings in exchange for political support or financial incentives. This pernicious influence erodes public trust in the judiciary’s capacity to dispense justice impartially.
Professor Tunde Bakare, a prominent legal analyst, states, “We often see appointments that reflect political loyalty rather than judicial excellence. In such an environment, judges become reluctant to rule against the interests of those who appointed them.” This observation underscores the tight nexus between power and the judiciary, perpetuating a culture where justice is not blind but beholden to political machinations.
*Chief Justice of Nigeria, Kudirat Kekere-Ekun
*Bribery and Judicial Decisions
Judicial corruption often manifests in bribery, where judges are persuaded to deliver favourable judgments in exchange for money or other forms of compensation. Cases have surfaced where judicial outcomes seemingly align too conveniently with the financial interests of certain parties. According to a 2020 report by Transparency International, about 67% of Nigerians reported paying a bribe to a public official, including judges, to influence the outcome of their cases. This act has marred the institution of merit and professionalism. Governments at almost all levels are open to bribes before they do their official duties.
Dr. Ngozi Okonjo-Iweala, a former Nigerian finance minister, remarks, “Corruption in the judiciary is perhaps the most damaging form of corruption. It undermines public confidence in government institutions and strangles the very fabric of our democracy.” Many have seen our democracy as though a military junta where the ruling class are serving their interests not those of the masses whom the political sovereignty lies with.
*Impunity and the Judicial Process*
The paralysis of the judicial system in handling corruption cases reflects a pattern of impunity among high-ranking officials. For instance, the case against Yahaya Bello demonstrates how judicial inertia allows accused parties to evade accountability. Legal battles are often prolonged through adjournments and stalling tactics, creating an environment where justice can be delayed indefinitely. Justice delayed is a justice denied, justice must be done quick, quick! It appears this maxim of equity doesn’t exist in the Nigerian judicial system:
“Equity must not suffered wrong without damages. Equity is Equity, and he who must come to it, must come with clean hands”.
A notable instance was highlighted in 2022, when the EFCC made a public statement regarding its investigations into Bello’s activities, only for subsequent court proceedings to be stalled for months. Senior lawyer Samuel Adetunji notes, “This isn’t just a failure of law; it’s a failure of the system. When powerful individuals are able to manipulate judicial processes, it sends a clear signal that rules do not apply to them.” But the court in most cases, shamelessly sentences a poor boy who steals a loaf of bread or teenage boys for protesting against bad governance! What a quasi-quack or a defiant judicial system is this?
* Delays and Backlogs
The Nigerian judiciary has been criticized for its chronic delays and backlog of cases. Forecasts show that certain cases can drag on for years due to insufficient resources, inadequate staffing, and systemic inefficiencies. This sluggishness allows individuals implicated in corruption to escape accountability, thereby strengthening the perception that judicial processes are toothless in the face of political might. But it can bite harder when it comes to the common citizens! What a double standard!
According to the National Bureau of Statistics, there are over 70,000 pending cases in various courts across the country. Legal expert Dr. Martha Igwe highlights that “The backlog in the system is a significant contributor to corruption; it becomes an avenue for judges and lawyers to collude and extract bribes from desperate litigants.” The worst is yet to come if the judiciary continues to have a cart holds with the ruling class to wilt the hand of justice.
* Lack of Judicial Independence
Inadequate funding and lack of political will further exacerbate the issues of independence within the judiciary. Judges often operate in environments where their salaries are inconsistent, and resources for court operations are limited. This precarious existence opens them up to external pressures, including coercive tactics from powerful individuals seeking to subvert justice.
Justice Walter Onnoghen, former Chief Justice of Nigeria, stated, “Without proper funding and autonomy, the judiciary cannot function effectively. Those in power must recognize the separation of powers and allow the judiciary to fulfil its constitutional role.” Our ruling classes are often bent on pressuring the judges to rule in their favour.
Supreme Court Complex
* Reform Initiatives
The fight against judicial corruption requires concerted efforts from both government and civil society. Various reform initiatives have suggested the need for increased transparency, better funding, and the introduction of technology in judicial processes to enhance efficiency. Several legal practitioners advocate for measures such as online case management systems and e-filing to streamline processes.
Additionally, reforms in judicial appointments to ensure the selection of judges based on merit rather than political affiliation could help restore public confidence in the judiciary. Civil society organizations have called for constitutional amendments to guarantee the financial independence of the judiciary.
*Advocacy for Accountability
A culture of accountability must also be nurtured within the judiciary. For this to happen, active monitoring by civil society organizations and the media is essential. Legal watchdogs serve as vital conduits to report and highlight incidents of judicial misconduct, thereby compelling authorities to act.
“We need a robust civil society that is willing to hold the judiciary accountable. The public must demand transparency and integrity from their judges. Only then can we begin to tackle the rot in the system,” insists Professor Amina Abubakar, a human rights lawyer.
*Case Studies Beyond Bello
While Yahaya Bello’s case has garnered substantial attention, other cases also illustrate the failings of the Nigerian judiciary. Cases involving high-profile politicians such as Ex-Governor Ayo Fayose and Senator Dino Melaye also reflect systemic issues of corruption in the judicial process.
Fayose’s trial for fraud and money laundering has been characterized by irregularities, including suspicious delays and accusations of judicial bias. Similarly, Dino Melaye’s legal struggles demonstrate how personal and political vendettas can infiltrate judicial processes, with courts often used as instruments of political persecution.
*Institutional Failures
It is crucial to recognize that these failings are not isolated incidents but rather indicative of broader institutional weaknesses within Nigeria’s legal framework. Many of these cases reflect a judiciary that is not only willing to be swayed by political considerations but is actively complicit in the erosion of the rule of law.
*International Attention
The international community has taken note of these systemic failings, with various human rights organizations calling for reforms. Reports from organizations such as Human Rights Watch and Amnesty International highlight the need for Nigeria’s government to take decisive action to restore integrity to its judicial system.
*Conclusion
The Nigerian judiciary is in dire need of reform to reclaim its role as a bulwark against corruption and upholder of the rule of law. The case of Yahaya Bello, alongside numerous other instances of judicial manipulation, underscores the deep-rooted challenges plaguing the system.
Addressing the issues of political interference, corruption, inefficiency, and a lack of independence requires cohesive efforts from all segments of society. Civil society must take an active role in advocating for accountability and transparency within the judiciary. Equally, the government must commit to reforms that enhance the efficacy and independence of judicial processes.
Through concerted efforts, there is hope that the Nigerian judiciary can emerge from its current state of corruption and dysfunction, reestablishing trust and faith in the rule of law for all citizens, regardless of their political stature.
Dr. Umar Osabo, our Guest Columnist is a public policy analyst and commentator. He writes via umarmosabo@gmail.com
Read other Articles By Dr. Umar Osabo in Pegasus Reporters
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