IMPACTS OF CORRUPTION IN THE JUDICIAL SYSTEM IN NIGERIA (A case study of judicial workers in Akwa Ibom state)
CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
It is the function of the judicial arm of government to interpret law and maintain law and order. However, it has taken another turn in Nigeria. Those that are supposed to fight against corruption are the ones that are involved in corruption cases here and there. It is no longer a surprise; it is part and parcel of our existence in the judicial arm of government and one can only hope that the situation will get better. 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 “normal” 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 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.
Consequently, the Judiciary has been made an unwilling accomplice in corruption in Nigeria. The judiciary no doubt has its internal challenges as indicated by the new and first female Chief Justice of the Federation during her screening at the Senate. The Chief Justice had indicated that in their earlier days at the Bench words were bonds while it was a taboo to call the integrity of a Judge to question as every Judge whether of the Lower Court or the Higher Court lived above board. The apex court justice noted with regret that allegations of corruption and bribery especially in exchange for grant of bail are almost becoming rampant. It is apparent that there is some commitment towards reversing the corrupt tendencies through appropriate sanctions on Judges found guilty of misconduct by the judiciary. The Chief Justice of Nigeria insists that judges need to reform themselves by shunning conduct that bring dishonor to the judiciary as an institution. Basic among acceptable conducts include living above bar; sitting promptly at 9am; being fair to litigants and other patrons of the courts; leading members of staff by example and promoting the image of the judiciary. With a seeming difficulty in determining what constitutes corruption, the illustration from the education sector may be instructive. It is considered that if you measure the amount of money budgeted for education at all the levels of government in the past 25 years and compare it to what is on ground, the difference is called corruption.
In an interview by Channels TV with a legal practitioner, Mr. John Oloyede, he gave more insight about corruption in the judiciary. He argued that though there are corrupt officials amongst the judges, clerks and bailiffs, about 90 per cent of them are actually clean. It just that the few ones that are bad tarnish the image of the very good ones who are more they are the silent majority. He also alleged that those engaged in the big money corruption as reported by the NBS, EFCC and UN Office for Drugs and Crimes are the secretaries and registrars adding that the average amount that is demanded is about $87 as compared to Customs, Police, Water Corporation and NEPA, where the average amount demanded is something like $80. So you are not talking about hundreds of millions. The aggregate of it is so tiny because the money is demanded by the support staff. He further noted that the few corrupt judges could either be complicit or innocent; a judge is so powerful that he can write a ruling and turn a night to day maintaining that it is only by appreciating the full extent of their powers that some of these corrupt judges will fully appreciate how much they are affecting the economic life of Nigerians.
