The Nigerian Bar Association has said that the judiciary arm of government may not be immune against corruption and other unethical practices prevalent in the country because the executive and legislative arms of governments continue to be neck deep in abyss of wrongdoings.
Like what obtains within the political circle, the association of legal practitioners argued that judicial officers take bribes through proxies, saying that it has been very difficult for the National Judicial Commission to fish out corrupt judges by itself without petitions from aggrieved groups.
In an interview with The Point, the Chairman of NBA, Osogbo Branch, Osun State, Yemi Abiona, while reacting to the recent suspension of two judges and retirement of another two over misconduct, age falsification, among others, called on the media, lawyers and other concerned stakeholders to beam their watch light on the judiciary in order to expose more bad eggs in the system.
Abiona believes that corruption and other unwholesome deals happen in the judiciary for long because the bad eggs within the system are so criminally minded and beat available mechanisms that could expose them.
He said the judiciary which is supposed to be the hope of common man is no longer seen as such, saying that governments, institutions and individuals disrespect courts and fail to comply with orders just because of the ill acts of some judicial officers.
The NBA chairman urged the NJC to embark on routine checks and probes of judicial officers’ illegal practices, noting that its investigations should be done wholly and timeously.
“The judiciary is also part of the society, there is no way the rottenness in the society, especially in this country, will not also affect the judiciary, and no arm of government operates in isolation. If you are complaining about corruption in the executive, corruption in the legislative, definitely there is no way it won’t find its way into the judiciary because it is part and parcel of Nigeria.
“Most of those who are taking bribes don’t take it through their accounts, they take it through proxy. So, there is no way the NJC can monitor what comes into a judicial officer’s account or what goes out of it”
“The most important thing is the ability to identify and punish bad eggs in a system. We believe that the decision of the NJC will continue to serve as a lesson to those who have been affected and as deterrent to those who are intending to be bad eggs in the judiciary. It is welcomed and we hope it continues. It should be wholly. I understand that there are other petitions against judicial officers of which committees have been empanelled to investigate, after investigation, we want to see sincerity of purpose and those who are culpable should be adequately punished, and those whom nothing was found against them should be allowed to continue their jobs. I think by this, it will serve as a major deterrent to those in the bench thinking of taking the wrong steps and to those who are coming and thinking of taking the wrong step,” he said.
On why corrupt judges cause lots of damage unchecked before being finally exposed and sanctioned, Abiona said, “Anybody who is criminally minded will always look forward to outsmarting the system. Major thing we have been clamouring for is for an increment of remuneration of judicial officers, although I don’t subscribe to that but people believe that because they are poorly remunerated, that is why some judges are pushed to be corrupt. I don’t believe in that personally. You know what they are going to be paying you before you apply to be a judicial officer, so you should be prepared and cut your clothes according to your size.
“Most of those who are taking bribes don’t take it through their accounts, they take it through proxy. So, there is no way the NJC can monitor what comes into a judicial officer’s account or what goes out of it. Like political leaders, they also fill their code of conduct form and report their assets before they are employed. So, there are checks according to provisions of the constitution, but like I said, a criminally minded person will always look forward to sidetracking the provisions of the constitution or the law. So, we have most of them using proxies to take bribes.”
“If all of us, journalists, lawyers and other stakeholders take it as our duty to always expose these wrongdoings, I believe that the system will be saner than what we have presently,” he added.
Speaking further on the implications of the alleged corrosive corruption in the judiciary, a legal expert, Yusuf Adesina, lamented that justice now goes to the highest bidder in Nigeria.
The lawyer stated, “This is a trend that has been going in our judicial system that has eaten so deep to the extent that the hope of common man is not guaranteed anymore.
“We believe as we were taught in Law School that judiciary is the hope of the common man but it is no longer the case because people that we see at the top, that we believe are the habitats of justice, the next God to human on earth are now selling justice for highest bidder, it is very bad. Initially, we thought they were mere allegations, but if NJC on its own could suspend and retire some judges compulsorily over these corrupt allegations, then it means those allegations were proved beyond reasonable doubts as per some judges who collected bribes.
He added, “It means that if someone is not rich in this country, to get justice is in heaven. Justice now goes for the highest bidder and this also goes to lack of respect for the rule of law. If the government or an individual has one time paid a judge or bribes his way in the system, if that system is now being based on merits against him the next time, he will believe that the other person has also bribed his way.”
The NBA member suggested that a whistleblower system should be adopted by the NJC as one of means of tackling corruption in the judiciary and also exposing more bad eggs.
He expressed fear that anarchy may become the order of the day in Nigeria if the judiciary continues to be riddled with massive corruption.
“Our judiciary needs to be reformed and I think the NJC is taking some steps which are commendable. Corruption is now pervasive in the country across all arms of government. The police are doing their own, lawyers are doing their own and judges are doing their own, automatically, getting justice in this country, you must be the highest bidder; people don’t believe in judiciary anymore.
“The hope of the judicial system is the hope of the country itself. When people don’t get justice anymore, there will be anarchy.
“If NJC can still put a channel out there for anonymous complaints against judges whereby the faces of those who are complaining will not be known and if the allegations are investigated and found to be true, the judge should be sanctioned immediately. Some people will not be able to talk because there are interests.
“It is a case whereby the system is no longer respected. The court will give a judgment, the government will selectively oblige it and it is because they believe something had happened behind the scene. Judiciary is the only hope we have and that is why we have law and order. If the process of getting that law and order is not clean, then the country is at the brink of collapse.
“Banks especially no longer comply with court orders because they think that the orders that lawyers are parading are not gotten in a clean and meritorious way. But, when the same court gives an order that someone should remit money to it, the bank will comply. You now see selective compliance of the orders of the court as a result of deep rooted corruption in the judiciary,” Adesina opined.
A human rights lawyer, Lekan Alabi, while hailing the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun for taking appropriate sanctions against the erring heads of courts, asked the NJC to respond timeously to other petitions against Judicial officers.
According to him, the punishment dished out to the affected judges are very good steps in the right direction, adding, “The judiciary that should be the common man’s hope, we all know what is going on but thank God for our new CJN. Her steps will tell the world that Nigeria is not what they think it is, that if we put a round peg in a round hole, we are definitely going to get results. We hope the CJN continues in this direction so that the masses hope in the judiciary will bounce back.
“I just want the NJC to respond to other petitions timeously.”
A senior lawyer and notary public of the Supreme Court, Fred Aigbadumah, said, “The situation also calls for sober reflection on what happens to justices or judicial officers after retirement.
“It is out of the fear of the future or post-retirement, what could be available, what would be possible for them, especially those of them that have risen to the level of being CJ, either acting or in full capacity or incumbent that judges could falsify their ages.
“So, it is because of the security of the future on their own part that you can see such manipulation. However, it is also further denting the image and the name of the judiciary, because there is a common saying that ‘one yam spoils the rest.’
“If NJC can still put a channel out there for anonymous complaints against judges whereby the faces of those who are complaining will not be known and if the allegations are investigated and found to be true, the judge should be sanctioned immediately. Some people will not be able to talk because there are interests”
“Because if people that are in such a hallowed office are coming to that level, no matter the pressure, you now wonder how the common cliché that the judiciary or the court is the last hope of the common man, will be sustained or sustainable.”
Asked to what extent the actions of the judges have affected the trust placed by Nigerians in the judiciary, Aigbadumah said, “Even before now, the trust has been seriously depleted.
“That is why some people will be celebrating when the rumour was peddled that two judges at the presidential election petition tribunal died simultaneously on the same day.
“People had started celebrating. It shows you the level of the expectation, either negative or positive. And it shows the type of will towards the judiciary.”
Aigbadumah, however, said that the judiciary could rescue itself. He also said that “all of us have to contribute to help them too.”
Also asked how ordinary Nigerians could contribute to help the judiciary, he said, “A lot of people, instead of waiting for justice, instead of waiting to follow due process for justice, they bring pressure on lawyers and some will even boycott their lawyers.
“They will tell you ‘don’t worry, I know how to get this or that judgement.
“For instance, there was a case I was doing. I was on vacation in Europe and they gave us a date. I sent a lawyer to court and when I returned to the country, the man was saying all sorts of things and I told him that I didn’t understand what he was saying.
“The man asked me whether I was supposed to be on vacation when his case was coming up, and I told him there was nothing to worry about, so long as there was somebody in court to represent him.
“It was then I began to understand that some of them believe they can have direct access to judges.
“So, it was out of the belief that he could have direct access to the judge and that he would obtain the type of judgment he expected. And let me let you know, at the end of the day, it ended that way.
“So, when they are looking at a lawyer, they feel like ‘what’s the essence of a lawyer if I can have access to the judge and I can say this is what I want?’ That is, you can ‘buy’ justice.
“Such people must come out of that and help the society, help the future and help themselves, too, because our children are coming.
“So, judges are under enormous pressure and they are human beings, too. They are not angels and, in fact, they don’t have angelic righteousness or perfection.”
According to the NJC, its investigations established that the Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka Chikeka and the Grand Kadi of Yobe State, Hon. Kadi Babagana Mahdi, had in their bid to remain on the bench, falsified their age.
Consequently, the Council, which has the statutory powers to discipline erring judicial officers, recommended the compulsory retirement of the two affected two Heads of Court.
The NJC, which is headed by the Chief Justice of Nigeria, CJN, Justice Kudirat Kekere-Ekun, said the decision to sanction the two judges was taken at its 107th meeting that was held on November 13 and 14, 2024.
In a statement it made available to newsmen through its Deputy Director (Information), Kemi Babalola-Ogedengbe, the NJC disclosed that the Imo state CJ was recommended to Governor Hope Uzodinma for compulsory retirement with effect from October 27, 2021, with all salaries and allowance he received in excess from the said date, refunded to the Council.
Likewise, the legal body suspended a judge of the Rivers State High Court, Justice G. C. Aguma, from performing judicial functions for a period of one year without pay and also placed him on “Watch-List” for two years thereafter.
Justice A. O. Nwabunike of the Anambra State High Court, was also suspended for one year without pay and placed on “Watch-List” for two years thereafter.
The Council said it considered the report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions, and empanelled 6 Committees for further investigation.
It disclosed that whereas 22 of the petitions were dismissed for lacking in merit, two were considered to be subjudice.
The Council said it also empanelled a Committee to investigate all complaints and petitions against Hon. Justice O. A. Ojo, Chief Judge, Osun State, even recommended the appointment of 36 new High Court judges.
Like a malignant genie, corruption allegations are sticking stubbornly to the judiciary.
Recently, a senator hinted on the Senate floor that he influenced the decisions of his wife, while she was the President of the Court of Appeal. This portends that judges can be swayed by external influences.
The prevalence of bribery, extortion, and political interference in the justice system has seriously tainted Nigeria’s global reputation, and undermined public trust in the judiciary and in democracy.
A 2021 report by the United States Department of State said the Nigerian judiciary is constantly under pressure from the executive and legislative arms of government.
Corruption is particularly pervasive at election tribunals and in the corruption trials of highly politically exposed persons.
Public perception that judges are easily bribed, and that litigants cannot rely on the courts to render impartial judgments, is widespread.
Corrupt judges, as the late jurist, Kayode Eso, noted years ago, are becoming billionaires through election cases. Unscrupulous senior lawyers that facilitate the corrupt transactions are making even more
billions.
