CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
It is the function of the judicial arm
of government to interpret law and maintain law and order. However, it
has taken another turn in Nigeria. Those that are supposed to fight
against corruption are the ones that are involved in corruption cases
here and there. It is no longer a surprise; it is part and parcel of our
existence in the judicial arm of government and one can only hope that
the situation will get better. A recent report from Global Corruption
Barometer states that the judiciary in Nigeria is widely viewed as one
of the most corrupt institutions. It has become quite “normal” for
judicial officials to request for bribes so as to move cases along much
faster. In fact, some of them ask for financial compensation from
parties to various cases to enable them obtain a favourable ruling, or
even to be granted bail. In a country where a disproportionate
percentage of the citizenry can barely afford some of the basic
necessities of life, legal costs are viewed as a deterrent to access to
justice. The judicial arm of government has an important role to play in
the impartial interpretation of the law and in keeping the other arms
of government in check.
Consequently, the Judiciary has been
made an unwilling accomplice in corruption in Nigeria. The judiciary no
doubt has its internal challenges as indicated by the new and first
female Chief Justice of the Federation during her screening at the
Senate. The Chief Justice had indicated that in their earlier days at
the Bench words were bonds while it was a taboo to call the integrity of
a Judge to question as every Judge whether of the Lower Court or the
Higher Court lived above board. The apex court justice noted with regret
that allegations of corruption and bribery especially in exchange for
grant of bail are almost becoming rampant. It is apparent that there is
some commitment towards reversing the corrupt tendencies through
appropriate sanctions on Judges found guilty of misconduct by the
judiciary. The Chief Justice of Nigeria insists that judges need to
reform themselves by shunning conduct that bring dishonor to the
judiciary as an institution. Basic among acceptable conducts include
living above bar; sitting promptly at 9am; being fair to litigants and
other patrons of the courts; leading members of staff by example and
promoting the image of the judiciary. With a seeming difficulty in
determining what constitutes corruption, the illustration from the
education sector may be instructive. It is considered that if you
measure the amount of money budgeted for education at all the levels of
government in the past 25 years and compare it to what is on ground, the
difference is called corruption.
In an interview by Channels TV with a legal practitioner, Mr. John Oloyede, he gave more insight about corruption in the judiciary. He
argued that though there are corrupt officials amongst the judges,
clerks and bailiffs, about 90 per cent of them are actually clean. It
just that the few ones that are bad tarnish the image of the very good
ones who are more they are the silent majority. He also alleged that
those engaged in the big money corruption as reported by the NBS, EFCC
and UN Office for Drugs and Crimes are the secretaries and registrars
adding that the average amount that is demanded is about $87 as compared
to Customs, Police, Water Corporation and NEPA, where the average
amount demanded is something like $80. So you are not talking about
hundreds of millions. The aggregate of it is so tiny because the money
is demanded by the support staff. He further noted that the few corrupt
judges could either be complicit or innocent; a judge is so powerful
that he can write a ruling and turn a night to day maintaining that it
is only by appreciating the full extent of their powers that some of
these corrupt judges will fully appreciate how much they are affecting
the economic life of Nigerians.
There are high levels of corrupt
practices going on and there are low level corrupt practices going on
within the judiciary and known to everybody and that it is not about the
judges alone. This study therefore sought to investigate the prevalence
of corruption among the judiciary and give solutions on this will be
totally eradicated in the country and give our dear country a good name
that will always open the doors of opportunities to all the citizens
just like in the case of America, United Kingdom and other nations in
the world.
1.2 Statement of the Problem
The problem with the Nigerian judiciary
is that some dishonourable people not cut out to be judges got into the
system and after that made it to the highest level of their judicial
careers. Another major factor why the problem has festered is that many
Nigerians do not want the truth to be told. Whoever dares to tell the
truth is marked down for persecution. Members of the Bar often narrate
horrific stories or tales of certain high-ranking judicial officers who
act as couriers of bribe, but, they are never ready to come out with
details. Such a person is engaged at a fee to reach out to judges in
order to influence decisions in certain sensitive cases. Sometimes, the
bribe they collect for and on behalf of such designated judges never
come to their knowledge, not to talk of its being delivered to them. The
researcher will be investigating on how to curb the menace of
corruption in the judiciary.
1.3 Research Questions
The following are some of the questions which this study intends to answer:
i) what is the prevalence of corruption in the judiciary in Nigeria?
ii) what are the reasons for corruption in the judicial system in Nigeria?
iii) what are the possible solutions for corruption in the judicial system in Nigeria?
1.4 Objectives of the Study
The main objective of this study is to
investigate the impacts of corruption in the judicial system on
Nigeria’s image in an international level. The specific objectives are:
to;
i) to survey prevalence of corruption in the judiciary in Nigeria
ii) to establish the reasons for corruption in the judicial system in Nigeria
iii) to assess out the possible solutions for corruption in the judicial system in Nigeria
1.5 Significance of the Study
This study will help the will help to
guide lawyers, judges, police and other arms that make up the judiciary
to understand the negative effects of corruption on Nigeria in the
international community. It will also serve as a guideline for the up
and coming persons in the judicial arm of government.
1.6 Scope of the Study
This study will cover all the
bodies that make up the judicial arm of government in Nigeria. Findings
from this study will contribute to the academic studies upon which
further researcher can be made.
1.7 Limitation of the study
Apart from the time constraint, the
researcher was faced with lack of capital to print as many as possible
questionnaires and. Many respondents were not willing to respond to the
questions as the researcher wanted.
1.8 Definitions of Terms
The following terms were used in the course of this study:
Corruption: This is a
form of dishonest or unethical conduct by a person entrusted with a
position of authority, often to acquire personal benefit.
Judiciary: This is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes.
