Awaiting A Sanitised Judiciary By Muazu Elazeh
If anyone still doubts that the Nigerian judiciary is enmeshed in pervasive corruption, the outcome of the last meeting of the National Judicial Council (NJC) and the disciplinary action the council took against some judges, including a state chief judge, is their answer.
It must be clear to all, including some legal professionals, that the Nigerian judiciary is increasingly losing integrity and relevance. The pace at which the third arm of government loses these noble virtues, largely because of the unprofessional conduct of some judicial officers, is neck-breaking.
One mantra that gradually assumed a life of its own after the 2023 general election is, ‘Go to court.’ It is not the way the phrase is used that matters, but the undertone of sarcasm that it carries, as well as its symbolism, which must be a source of great concern for anybody connected with that arm of government—and we all are.
Integrity deficit
Once held in high esteem, the legal profession in Nigeria is quickly losing its value due to different factors, including the prevalence of conflicting court pronouncements and judgements, some of which are largely perceived to be procured.
As legal scholar, Prof. Chidi Odinkalu, pointed out, the court system has devolved into one where material status significantly influences the outcome of justice, undermining the principle of fairness. In his very elucidating piece, Kudiprudence, Odinkalu decried “…a court system in which material things, such as status, make all the difference between receiving justice or being on the end of the administration of law even when it is manifestly unjust.”
The Nigerian judiciary is enmeshed in corruption, which, as should be expected, has eroded the integrity of the legal system. Consequently, many Nigerians now view the judiciary as a compromised institution rather than a place of hope.
In discussing the Nigerian judiciary, one is either compelled to lament some lawyers’ alarmingly high penchant for indulging in “forum shopping.” These legal practitioners institute cases only in courts where they are certain of getting favourable judgements. Their preferences are mostly judges who delight in deciding cases based on technicality rather than the merit of a given matter.
This environment has fostered a belief that monumental corruption is the order in the Nigerian judiciary. As should be expected, this perception has eroded public trust in the legal system, with many attributing this decline primarily to judges. And the widespread perception is that justice is often delivered without fairness. Most citizens view the Nigerian judiciary as thriving largely on delivering judgment without justice. Fundamentally, because of monumental corruption, Nigerians have lost hope in the country’s legal system. Pure and simple! And the worst culprit is the bench.
Beyond NJC’s sanction
Recently, the NJC sanctioned five judges, including a Chief Judge and a Grand Khadi, for various acts of misconduct.
Specifically, the NJC slammed its hammer on Justice Theresa Chikeka, Chief Judge of Imo State, who, it was discovered, altered her birth year from 1956 to 1958 in a 2006 affidavit.
This alteration allowed the CJ to remain in service beyond her retirement age, as Justice Chikeka should have resigned in 2021. Such actions raise serious concerns about the integrity of Chikeka’s judgments.
Interestingly, the NJC directed that the former CJ’s retirement take effect retroactively from October 27, 2021, and that she refunds all salaries received since then.
Like the Imo CJ, Grand Kadi Babagana Mahdi of the Yobe State Sharia Court of Appeal also altered his birth records and was still in service when he should have retired 12 years ago.
One of the things that crossed my mind, the same way, I am sure, it must have crossed the minds of most Nigerians’, is the sort of judgements that the indicted judges have delivered. Is it possible that a judge found wanting for the offence of forgery has not compromised in many of the judgements he or she has delivered? If there is a compromise, can justice be said to have been served?
The NJC’s decision to retire these judges retroactively and demand salary refunds is insufficient, given the gravity of their offences. Forgery is a criminal act that warrants prosecution rather than mere administrative sanctions. Failing to hold these judges accountable will undermine efforts to restore public confidence in the judiciary.
Huge task for the CJN
Evidently, the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has a herculean task ahead of her. Cleaning the judiciary of the current mess will undoubtedly require committed leadership.
Public trust is at an all-time low due to concerns over delayed justice, rampant corruption, and inconsistent judgments. It is heartening that Justice Kekere-Ekun had promised to reform the judiciary by addressing concerns that had plagued the system for years.
Critical stakeholders must support the CJN in implementing her plans to limit pre-election cases from reaching the Supreme Court, introduce full digitalisation of court processes, and tighten the criteria for appointing judges, among other plausible reform initiatives.
For some reason, Nigerians have lost hope in the nation’s electoral body, as elections are increasingly rigged by politicians in connivance with some INEC staff. The court, which should provide a remedy, is facing integrity issues owing to pervasive allegations of corruption. Citizens believe that their votes won’t count at the polls, and they cannot be guaranteed justice if they run to the court. If this sad development is not a recipe for anarchy, then nothing else is.
Reforming Nigeria’s judiciary is essential. We cannot afford a judicial system that is mired in corruption, as justice is fundamental to both social stability and national survival. The call for a sanitized judiciary is urgent, as restoring public trust is crucial for maintaining order and democracy in Nigeria. We will patiently wait for a sanitized judiciary.
