Is The Judiciary Beyond Redemption?

 By Sonnie Ekwowusi

To affirm that the judiciary is corrupt is an understatement. The judiciary is not just corrupt; the men and women entrusted with the affairs of the judiciary are suffering from a huge character deficit. It is painful that our judiciary has been constituted into an object of derision by the very people who should labour to maintain its prestige.

The level of official corruption and moral degeneracy at both the Bar and the Bench is alarming. It seems as if the judiciary is beyond redemption. 

While the Bench sickens for lack of moral renaissance, the Bar fairs no better. Regrettably, many members of the Bar lack the lowest common denominator of acceptable character. 

As regards the judiciary workers often loosely referred to as the judicial personnel-court bailiffs, Chief Registrars, Assistant Chief Registrars (ACR), court clerks, court messengers, court cashiers, court stenographers and so forth- their lives are ruled and governed by the civil service bureaucratic extortion.  

Count Buhari Among The Judges

By Paul Onomuakpokpo  

By unleashing the Department of State Services (DSS) on some judges, President Muhammadu Buhari has succeeded in portraying the nation’s judiciary as reeking of corruption. The clampdown which has rightly provoked so much condemnation is a manifestation of the president’s long-held notion that the corruption of the judges has been an obstacle to the successful prosecution of his anti-corruption campaign. But there is one fact that must be remembered in the raging debate about the appropriateness or otherwise of the action of the DSS since the judges do not have immunity against investigation – the president’s complicity in the alleged misdeeds of the judicial officers. 

*Buhari 

For while it is true that the allegations of corruption against judges and lawyers predate the emergence of Buhari as president, the brazenness of the perversion of justice that riles him is only reflective of the current era of the collapse of the sanctity of the constitution that Buhari and his government have precipitated.

To be sure, we are all outraged at the judiciary’s loss of a moral compass that ought to guide its activities and therefore through every pronouncement reinforce the notion that it is the last bastion of justice for the common man. Rather than deterring corruption, the Bench and the Bar have become ready sources of its perpetuation in the society. Lawyers bribe judges for their clients to win cases. Justice is now for the highest bidder.

Politicians who empty the public treasury are allowed to plea-bargain and go home to enjoy their loot. Those who steal their organisations’ money to buy property all over the world are allowed to recover from phantom ailments in luxury hospitals while the shareholders suffer penury. But the poor person who steals a phone is sentenced to many years in prison without even an option of a fine.

With the return of democracy, corruption in the judiciary has become democratised. The numerous disputes over elections have become opportunities for judges to amass wealth. The late Justice Kayode Esho once alerted us to how some judges had become billionaires by giving judgements that were paid for.

Buhari Is Enabling Corruption, Not Fighting It

By Obi Nwakanma

The minister for justice just announced that judges found to be corrupt will be tried by this administration. This is problematic. Though this sentiment is much shared, it should not be left to the president and his administration to define “corruption,” or determine which judge is corrupt. For the avoidance of doubt the writ of this republic does not make the president the supreme authority of the land.

*Buhari 

The constitution is the governing authority of this republic, and the president is, as are all Nigerians, governed by the Constitution. It would amount to overreach for the president to break the thin glass boundaries that established the separation of powers under the constitution. It would be power-grabbing, and the National Assembly and the courts must keep an eye on this president. In fact, it is about time that the National Assembly moved to reduce some of the powers granted the president, because one of the great sources of corruption in Nigeria is the enormous and almost limitless power granted the executive by this constitution designed by the military. Let me advert the minds of Nigerians to January 1, 1984: a military coup had just sacked the democratically elected Government of President Shehu Shagari. At the head of that coup was a tall, lean, unsmiling General, who came across as a Spartan, no-nonsense, missionary soldier, out to rescue Nigeria from political and economic collapse.

Shagari had just been re-elected in a very controversial election, which had the great Nnamdi Azikiwe spewing fire in his very prophetic, as it turned out, post-election letter to Nigerians, “History Will Vindicate the Just,” published widely in the Nigerian Press. It was clear that the election was riddled with irregularities. Yet, corruption in the politics of those years was the bread and butter kind. It was confined mostly in the political parties. The civil institutions were still intact: the public service; the judicial system; the entire bureaucracy of state governance which could put to check to the excesses of political leadership. And they were still all there in 1984. Then came Buhari and his dark-browed praetorian guard, sacking the civil government, and instituting a rule by decrees. The first order of business was to dismantle the credibility of the elected political leaders the soldiers had sacked. In very elaborate fashion General Buhari and his rubber-stamp Supreme Military Council authorized the arrest, detention, and prosecution of the discredited politicians. His Minister for Justice, Chike Ofodile quickly crafted decrees that established extrajudicial tribunals that evacuated the powers of the civil courts. Some of the trials were in-camera. But it soon became obvious that these arrests and detentions were skewered mostly against politicians from the South, particularly of the group that called itself the Progressive Peoples Alliance (PPA) and by politicians from the Middle Belt. It might have been inadvertent, but the impression it created was of a partisan, regionalist witch-hunt of Southern politicians – some of them the most popular, and in fact, the more credible in their visible achievements in the four years between 1979 and 1983.