THE PROSPECTS AND PROBLEMS OF THE JUDICIARY IN THE FIGHT AGAINST CORRUPTION IN NIGERIA, 2007 -2017

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Abstract

This study is on the prospects and problems of the judiciary in the fight against corruption in Nigeria, 2007-2017. The study was introduced with chapter one where the statement of the problem was clearly defined. The study objectives and research hypothesis were defined and formulated respectively. The study reviewed related and relevant literatures. The chapter two gave the conceptual framework, empirical. The third chapter described the methodology employed by the researcher in collecting both the primary and the secondary data. The research method employed here is the descriptive survey method. The researcher use time series for the analysis

 CHAPTER ONE

INTRODUCTION

  • Background of the study

The judiciary is saddled with the responsibility of upholding the rule of law by interpreting, construing and applying the laws of the land in the resolution of disputes and act as checks on the two other arms while also adjudicating on contentious issues. Corruption has been tagged the bedrock of major challenges and economic woes facing the nation in recent time. Although, there is economic recession due to drop in oil prices, the level of impunity in different sectors of the economy as a result of corruption is alarming. Many analysts argued that corruption is synonymous with misappropriation of public funds and act of bribery, forgery which compromises transparency and due process in government transactions. Today, corruption is experienced across all religions, sexes, ages, political parties, professional, private and public entities. In 2011, Nigeria was ranked 143th out of 182 countries surveyed by the corruption perception index indicating the level of corruption in the country as compared to other countries (Akosile 2011). Although this rank came as an improvement from the previous years, it did not result from an improved system of governance; rather it was due to an increase in the number of countries that participated in the survey. Between 2010 and 2011, Nigeria rank actually decreased by 9 spots, showing an increase in corruption despite the government efforts to fight corruption (Abraham, 2013). Meanwhile, the question of what the role of the judiciary is in the fight against corruption is an interesting one. By its very nature, the Judiciary is required to adjudicate in matters involving corruption where moved to do so. The courts are not intended to descend into the arena, they are not meant to seek out this scourge with a view to stamping it out, no matter how much they would like to do so, or how much the society may want them to do so. So, it would seem that all are expected of the courts in this regard is to ensure that justice is not only done but is also seen to be done. To convict where such convictions are warranted, acquit where the law requires this to be done, and sentence appropriately in accordance with guiding principles. The law of the land should constitutes the bases upon which judgments are ruled; it is therefore fundamental that its interpretation and application be carried out with absolute alacrity and meticulousness (Chambers, 2005). The Nigerian Judicial System has come a long way, taking its origin from the colonial era. It was saddled with the responsibility of checking the activities of the Executive and Legislative arms of government. The Judiciary as a matter of fact, plays a very vital role in the development of the country considering the fact it is the mechanism that oversees to the usage and management of power in the country. If the power that is vested on the Executive and Legislative offices is not checked, the bulk of the citizenry will have lots of troubles and challenges to contend with (Salisu, 2006).

The primary responsibility expected of the Judiciary is to ensure that the Executive and Legislative arms of government function within the ambits of the constitutional provisions made available to them. The Judiciary ought to stand isolated while performing its constitutional duty. It does not need any interference from the Executive or Legislature in carrying out its primary assignment. It should operate independent of any external disturbances and functions within the constitutional power vested in its office. Though, the Nigerian Judicial System has had lots of challenges to contend with. For instance, during the shambolic military era, the Judiciary was subjected to abject emasculation to the extent that it lost the substance to its name and only existed as a nomenclatural entity. But things have change with the advent of democracy in Nigeria; judiciary has regained its rightful place as the watchdog of the polity (Aiyede, 2006; Ketefe, 2012). Any effective campaign strategy against corruption, without the viable judiciary, will always be efforts in futility. To this end, the aims of this project is to determining whether the judiciary is one such key actor or implementer in war on corruption, and if so, whether this entails more than its apparent role as adjudicator. It will also seek to come to an understanding of whether this extended role, if any, can be reconciled with the functions and limitations of the judiciary, in theory as well as in practice in Nigeria. On this background the researcher wants to investigate the prospects and problems of the judiciary in the fight against corruption in Nigeria, 2007-2017

  • STATEMENT OF THE PROBLEM

There is no doubt that the Nigeria is plagued by a myriad of problems of corruption ranging from mismanagement of funds, embezzlement, corrupt public officials and so on. It has however been documented that corruption is widespread, deep and endemic in Nigeria. Over the years, several scholars, development workers, activists, politicians, international organizations, public affairs commentators and the general public have given attention to the problem of corruption and its attendant effects on the society. The problem is not new to humankind even though it has reached unprecedented proportions in recent years. It is as old as society itself and cuts across nations, cultures, races and classes of people. It has been argued that one of the major obstacles to the development of poor countries is corruption. Corruption is undoubtedly one of the greatest challenges of our time, a challenge that is not only leading to impoverishment and loss of lives but also threatening the stability and peace of the society.

  • OBJECTIVE OF THE STUDY

The objectives of the study are;

  1. To ascertain the prospect of judiciary in fight against corruption in Nigeria, 2007-2017
  2. To ascertain the problems of judiciary against fighting corruption in Nigeria, 2007-2017
  3. To ascertain the effect of corruption on Nigeria economy
  4. To ascertain the impact of judiciary in fighting corruption in Nigeria from 2007-2017
    • RESEARCH HYPOTHESES

The following have been put forward for testing

H0: there is no prospect of judiciary in fight against corruption in Nigeria, 2007-2017

H1: there is prospect of judiciary in fight against corruption in Nigeria, 2007-2017

H0: there is no impact of judiciary in fighting corruption in Nigeria from 2007-2017

H1: there is impact of judiciary in fighting corruption in Nigeria from 2007-2017

  • SIGNIFICANCE OF THE STUDY

The study will give clear insight on the prospects and problems of the judiciary in the fight against corruption in Nigeria. The study will be beneficial to students, judiciary and government of Nigeria. The study will highlight the prospects and the problems of judiciary. The study will also serve as a reference to other researchers

1.6 SCOPE AND LIMITATION OF THE STUDY

The scope of study covers the prospects and problems of the judiciary in the against corruption Nigeria, 2007-2017. The researcher encounters some constrain which limited the scope of the study;

  1. a) AVAILABILITY OF RESEARCH MATERIAL: The research material available to the researcher is insufficient, thereby limiting the study
  2. b) TIME: The time frame allocated to the study does not enhance wider coverage as the researcher has to combine other academic activities and examinations with the study.
  3. c) Organizational privacy: Limited Access to the selected auditing firm makes it difficult to get all the necessary and required information concerning the activities.

1.7 DEFINITION OF TERMS

PROSPECT: the possibility or likelihood of some future event occurring

PROBLEM: a matter or situation regarded as unwelcome or harmful and needing to be dealt with and overcome.

JUDICIARY: The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes.

CORRUPTION: In general, corruption is a form of dishonesty or criminal activity undertaken by a person or organization entrusted with a position of authority, often to acquire illicit benefit.

1.8 ORGANIZATION OF THE STUDY

This research work is organized in five chapters, for easy understanding, as follows

Chapter one is concern with the introduction, which consist of the (overview, of the study), historical background, statement of problem, objectives of the study, research hypotheses, significance of the study, scope and limitation of the study, definition of terms and historical background of the study. Chapter two highlights the theoretical framework on which the study is based, thus the review of related literature. Chapter three deals on the research design and methodology adopted in the study. Chapter four concentrate on the data collection and analysis and presentation of finding.  Chapter five gives summary, conclusion, and recommendations made of the study

THE PROSPECTS AND PROBLEMS OF THE JUDICIARY IN THE FIGHT AGAINST CORRUPTION IN NIGERIA, 2007 -2017