The Dysfunction in Nigeria’s Judiciary

Retired Justice Samson Uwaifo’s poignant words captured the dire repercussions of corruption within Nigeria’s judiciary. It’s a system marred by inefficiency and malpractice, a situation highlighted by the Independent Corrupt Practices and other Related Offences Commission (ICPC). The shocking revelation that 52 government ministries, departments, and agencies declined to engage with the Ethics and Integrity Compliance Scorecard (EICS) paints a worrying picture of systemic corruption risks, even within esteemed institutions like the Supreme Court and Court of Appeal.

The gravity of the issue becomes starker when considering the staggering sums exchanged as bribes in the judicial sector, as disclosed by Bolaji Owasanoye, chairman of the ICPC. The colossal amounts offered to influence high-stakes cases, especially those involving elections, underscore the depth of corruption corroding the justice system. Lawyers, litigants, court staff, and even government bodies have been implicated in bribery cases, posing a severe threat to the integrity of legal processes.

Personal accounts, like that of ‘Bobby,’ a former aide to a Supreme Court justice, shed light on the widespread nature of bribery for favorable judgments. Despite a few incorruptible judges, the prevailing norm seems to be one where bribes lubricate the gears of justice, particularly in election-related matters.

High-profile cases, such as the accusations against a senior advocate’s law firm or the charges brought against a senior advocate for influencing judges, further tarnish the judiciary’s reputation. The 2016 State Security Service raid on judges’ homes, revealing large sums of cash, added a sensational dimension to the pervasive corruption plaguing the system.

The response from oversight bodies like the National Judicial Council (NJC) has been contentious, with reluctance to investigate judicial officers, citing the separation of powers. Retired Justice Ejembi Eko’s scathing critique of the NJC’s disciplinary measures, indicating leniency towards erring judges, highlights systemic flaws in the accountability and disciplinary process within the judiciary.

The resignation of Chief Justice Tanko Mohammed amid protests from Supreme Court judges regarding welfare issues further fuels concerns about the judiciary’s internal challenges, including financial mismanagement. Calls for transparency and scrutiny of the judiciary’s budget underscore the urgent need for financial accountability to address the persistent plight of judges’ welfare.

Furthermore, controversial judgments, like the Supreme Court’s decision on candidate nominations, such as that of Ahmed Lawan and Godswill Akpabio, have raised eyebrows and invited criticism from legal experts, reinforcing the perception of a judiciary swayed by technicalities rather than principles of justice.

The removal of Emeka Ihedioha as Imo State governor by the Supreme Court, despite ranking fourth in the election, elicited widespread condemnation, highlighting instances where legal technicalities seemingly overshadowed the quest for justice.

Indeed, as echoed by legal experts and observers, Nigeria’s judiciary appears ill-equipped and compromised, plagued by nepotism and political influences in judicial appointments. This systemic failure in delivering impartial justice not only erodes public trust but also undermines the rule of law and Nigeria’s democratic fabric.

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