A nation’s judiciary is the heart of its democracy, and the ultimate safeguard for the protection of the rights of its citizens.
In Nigeria, however, the judicial system has for years been facing persistent challenges affecting its integrity and leading to the erosion of public trust.
According to Nigerian Judicial System Perception Poll (2020), 88% of Nigerians perceived corruption to be common in Nigeria’s judicial system, with about two-thirds (63%) of this population describing their experience with the judicial system as being negative, stating reasons such as the demands for bribe, bias in judgement, delay in proceedings and regular adjournment as some of the major factors why their experience was negative.
Additionally, the 2023 report by the United Nations Office on Drug and Crimes (UNODC) and the National Bureau of Statistics (NBS) titled “Corruption in Nigeria: Patterns and Trends”, had it that judges topped the list of the highest recipients of bribes.
While the judiciary is the heart of democracy, public trust is the heart of the judiciary. As stated by Honore Balzac, “to distrust the judiciary marks the beginning of the end of society. Smash the present patterns, rebuild it on a different basis … but don’t stop believing in it.”
Therefore, the impact of the loss of public trust in Nigeria’s judiciary extends beyond individual cases—it has far-reaching consequences on the society.
Hence, without public trust in the system, people may resort to self-help means of seeking justice, including violence or other extrajudicial acts, further destabilizing the nation.
Having established corruption as the backbone of the issue, to address it head–on requires identifying the factors that contribute to its existence. Beyond judges, there are equally other factors, which include inadequate funding of the judiciary, political interventions, and the roles of court officials, lawyers and law enforcement agents.
Political interference is one cause of judicial corruption that can be cited without having to prove. The involvement of political figures in judicial proceedings, particularly in cases involving electoral disputes or governmental corruption, has called the judiciary’s integrity into question. Additionally, the appointment process for judicial officials is usually perceived by the public to lack transparency and meritocracy.
Many people believe that political patronage influences appointments more than the candidates’ qualifications and integrity, making them lose confidence in the system.
Equally, court clerks and registrars have been reported in many instances to engage in corrupt practices like forging receipts and extorting bribes. Lawyers who are supposed to be the personification of law and justice have, in many instances, known, to have contributed to the problem. Some lawyers have been known to actively encourage or facilitate bribes to court officials and judges in their desire to achieve even what is legitimate.
Instead of upholding professional integrity, such lawyers even guide their clients into such unethical practices, preserving a culture where justice can be bought.
“The civil society organizations and the media should be empowered to act more independently as watchdogs, keeping the judiciary under close scrutiny and ensuring that corruption is exposed and addressed”
As a result, those with limited financial resources find themselves unable to navigate the judicial system effectively.
Similarly, law enforcement officers, especially those involved in the arrest and prosecution of offenders must come for mention in addressing the issue.
From police officers who customize demanding bribes to drop charges or mishandle evidence, to prosecutors who deliberately present a weak case, leaving an obvious avenue for the escape of criminals. Such attitudes do not only create an environment where bribery is tolerated but where it is seen as the norm.
Restoring the integrity of the judiciary, in this circumstance, is no longer an aspiration but an urgent necessity to save our nation from being capsized. Undeniably, the bedrock of the restoration lies heavily on the dual pillars of judicial “accountability” and “transparency”.
The ultimate question is –how can accountability and transparency be achieved? To achieve this, a well-rounded approach is required, to be complemented with drawing successful examples from other countries which would suit Nigeria’s judicial challenges, and pave the way to its reformation.
In many countries technological solutions have been deployed to enhance transparency and accountability in the judicial system.
For example, in Brazil, court records and filings are managed electronically as a result of which chances for corrupt practices by court registrars and other officials are slim. Given its effectiveness, it could equally be beneficial if implemented in Nigeria. By making case records and decisions publicly accessible online, corruption would be difficult to conceal and delays caused by human interference would be minimized.
In the same vein, e-filing and automated scheduling systems would equally help in ensuring judicial processes are conducted in a faster and timely manner. The public would have a better and more informed access to court proceedings and the manner through which they are conducted. Such reforms would significantly reduce opportunities for bribery and manipulation within the judiciary, making the system more accountable and trustworthy to the public.
Similarly, strengthening judicial oversight and accountability is essential. This can be achieved by empowering the National Judicial Council (NJC) and similar bodies with greater authority to investigate and discipline judges and court officials involved in corrupt practices.
For example in a country like Kenya, similar reforms in judicial oversight resulted in more transparent investigations of judges accused of corruption, and has resulted in the removal of several high-profile justices who happened to be complicit in judicial misconduct. The objective of the reform is ensuring that investigations into corruption cases are conducted in a swift and transparent manner, and also free from political influences.
In addition to the external oversight, internal judicial review is equally required. This could be achieved by institutionalizing a system which would regularly review judicial decisions and the conduct of judges and court staff. For example, a body which would annually conduct auditing and review in the judiciary, would go a very long way in fostering a more transparent and accountable judiciary.
Another essential factor in the fight to restore a culture of integrity and professionalism in the judiciary is the judicial training and ethics education. Judges, courts staff and lawyers must constantly undergo training and workshops to keep their understanding of judicial ethics abreast with global best practices. The workshops and training should be constant and touching in both the technical aspects of law and ethics.
To ensure accountability and transparency, there’s need to establish accessible platforms where citizens can report any perceived misconduct or inefficiencies within the judiciary. One way to achieve this is by utilizing digital portals for submitting complaints or feedback about court processes and the behaviour of judges as observed by the public. This allows citizens to have a voice in evaluating the system’s performance. Regular public consultations in the structural decision making can also give people an opportunity to express concerns directly to the relevant authorities. By creating such open communication channels, the judiciary becomes more accountable and responsive to public needs.
The civil society organizations and the media should be empowered to act more independently as watchdogs, keeping the judiciary under close scrutiny and ensuring that corruption is exposed and addressed. By providing fact-based coverage of judicial activities, the media can help foster a more informed public, and also place additional pressure on the judiciary to promote integrity. Civil society, through public advocacy campaigns, can also push for legislative reforms that strengthen the judiciary’s independence and integrity. Together, these forces can help create a judiciary that serves the people fairly and transparently.
It cannot be denied that poor salaries and welfare is a significant factor in making judges and court officials susceptible to bribery. In Nigeria, judges and court officials, particularly in the lower courts, are not adequately compensated in both welfare and salaries. By contrast, in all the countries with the least corrupt judiciary, competitive salaries and benefits to their judges are offered, and as such they have the least temptation to engage in corrupt activities. Therefore, ensuring that Nigerian judges and court staff are adequately compensated would diminish their tendencies for corruption, allowing them to focus on dispensing justice without the distraction of financial
insecurity.
•Gidado wrote from Gombe State.
