By Rekpene Bassey
A recent survey conducted by the United Nations Office on Drugs and Crime (UNODC) in collaboration with the National Bureau of Statistics (NBS) has unveiled a disturbing reality: Nigerian judges are not only involved in corrupt practices but also rank as the top recipients of bribes among public officials.
The report indicates that, in 2023 alone, judges received an astonishing N721bn in bribes, marking them as the most corrupt public officeholders in the country.
This revelation is not an isolated incident but part of a long-standing pattern of corruption within the judiciary. In December 2020, a report by Sahara Reporters, referencing the Nigerian Corruption Index based on a survey by the Independent Corrupt Practices and Other Related Offenses Commission (ICPC), revealed that judges had been offered a staggering N9.457bn in bribes. ICPC Chairman, Prof Bolaji Owasonoje, noted with concern that the justice sector exhibited the highest levels of corruption.
The pervasive perception of the judiciary as one of the most corrupt branches of government is both demoralising and alarming. The judiciary, traditionally seen as the guardian of justice and fairness, is now viewed with suspicion and distrust. Disturbingly, the judiciary has not actively refuted or responded to the UNODC/NBS findings, further eroding public confidence in its integrity.
Corruption within the judiciary is not just an abstract concept but a deeply entrenched issue acknowledged by members of the legal community themselves. Dele Farotimi, a prominent lawyer and activist, poignantly expressed his concerns during an appearance on Arise TV: “When your legislators are corrupt, you should be worried. If your executives are populated by crooks, you should be afraid. But when the judiciary stops being courts of law, the people should be alarmed.” His statement captures the gravity of the situation, where corruption in the judiciary undermines the very fabric of justice in society.
Similarly, Tunji Abayomi, another vocal legal practitioner, lamented the systemic nature of corruption within the judiciary during an interview with Channels Television. He described the pervasive corrupt practices as an “endemic culture,” highlighting how deeply rooted these issues are within the system.
The retired Supreme Court Justice Ejemba Eko also voiced his dismay at the state of the judiciary, using his valedictory speech to condemn the widespread corruption and its detrimental impact on the administration of justice.
Perhaps the most striking condemnation came from retired Justice Amina Augie, who, during a workshop on public service reforms, delivered a scathing critique of the judiciary. She described corruption as infiltrating every level of the judicial system, from clerks to senior judges.
Her remarks resonate deeply with the public, particularly in light of controversial cases such as those involving the current and former Senate Presidents, and the highly contentious 2020 Imo and Zamfara State election disputes. These cases exemplify the judiciary’s failure to uphold justice, further diminishing its credibility.
The legacy of Nigeria’s revered legal icons, such as Justices Adetokunbo Ademola, Taslim Elias, Atanda Fatai Williams, Mohammed Bello, Chukwudifu Oputa, Mohammed Uwais, and Amina Augie, stands in stark contrast to the current state of the judiciary.
These esteemed figures were once symbols of integrity and fairness, upholding the law with unwavering dedication. However, the present-day judiciary, mired in corruption, dishonors their legacy and tarnishes the institution they once proudly served.
The consequences of judicial corruption are far-reaching and devastating. Public trust in the judiciary is eroded, leading to widespread disillusionment and a lack of faith in the justice system.
When judges are perceived as corrupt, the very foundation of the rule of law is undermined. This erosion of trust can lead to an increase in vigilante justice, as people lose confidence in the formal legal system to deliver fair and impartial judgments.
Furthermore, corruption within the judiciary obstructs the course of justice. Corrupt judges may delay cases, issue biased rulings, or dismiss cases outright, denying victims the justice they deserve and allowing perpetrators to go unpunished. This perpetuates a culture of impunity, where the wealthy and powerful can buy their way out of accountability, while the marginalised and poor remain vulnerable and voiceless.
The economic ramifications of judicial corruption are equally severe. A corrupt judiciary deters foreign investment, as businesses are reluctant to invest in a country where the legal system cannot be trusted to enforce contracts fairly.
This stifles economic growth, exacerbates poverty, and can lead to broader social and economic instability. In extreme cases, the lack of a reliable legal system can contribute to national security threats, as grievances that are not addressed through legal means may escalate into violence.
To combat these pervasive issues, a comprehensive overhaul of the judiciary is urgently needed. Increased funding is essential to improve the infrastructure, salaries, and working conditions of judges and court staff. Adequate compensation and resources can reduce the temptation to engage in corrupt practices.
Judicial independence must be safeguarded through the establishment of a robust and independent oversight body tasked with monitoring judicial conduct and enforcing accountability. This body should have the power to investigate allegations of corruption and take disciplinary actions against those found guilty.
Transparency in judicial processes is crucial. This includes transparent case assignment, judgment delivery, and mandatory asset declarations for judges. Ensuring that the public can access information about judicial proceedings and decisions fosters accountability and builds trust in the judiciary.
Judicial accountability should be strengthened by implementing stringent laws and regulations to hold corrupt judges accountable. This includes establishing a clear and fair process for removing judges found guilty of corruption from office.
Public engagement is also vital in the fight against judicial corruption. Educating the public about their rights and the judicial process, as well as encouraging public participation in reform initiatives, can help restore confidence in the justice system.
In conclusion, the current state of Nigeria’s judiciary is a cause for grave concern. The corruption that pervades the system undermines the rule of law, erodes public trust, and has far-reaching social and economic consequences.
However, the situation is not beyond repair. With decisive action and comprehensive reforms, it is possible to restore integrity to the judiciary, uphold the rule of law, and ensure that justice is served fairly and impartially.
While we may have the judiciary we deserve in terms of the existing corruption, it is incumbent upon us to demand better and work towards a system that truly reflects the values of justice and fairness.
The future of Nigeria’s democracy, national cohesion, and security hinges on the establishment of a judiciary that is independent, transparent, and accountable. The time for action is now, and the stakes could not be higher.
*Rekpene Bassey is the President of the African Council on Narcotics (ACON). He is also a Security and Drug Prevention Expert.
