Weighty allegation

These grievous allegation from the NBA president deserves the attention of the National Judicial Council (NJC), which has the responsibility to ensure discipline and integrity of the judiciary, and indeed the National Assembly, which has the responsibility to make laws for the good governance of the country.

This allegation should not be swept under the carpet. Mr Osigwe had stated: “When rulings are allegedly influenced by envelopes rather than evidence, when adjournments are engineered for personal gain rather than procedural necessity, the judiciary ceases to be the last hope of the common man and becomes instead the first refuge of the powerful and the corrupt.”

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The allegation about perception of corruption in the judiciary is true and has been there before now. The various examples he gave confirm that state of affairs. He referenced the survey by the United Nations Office on Drugs and Crime (UNODC) and the National Bureau of Statistics (NBS) which alleged that Nigerian public officials received about N721 billion in cash bribes in 2023, with judges ranking among the top recipients.

He also referred to a Chatham House report which alleged that 61 per cent of Nigerians believe judges are likely to accept bribes to influence their rulings, and they attributed the perception to political interference, nepotism and lack of transparency in the appointment of judicial officers.  

No doubt, the challenge posed by political interference in the judiciary casts a serious slur on our judiciary. The current practice where elective political offices can be determined by the courts instead of at the ballot gives the judiciary excessive powers, which expose the officials to corruption. If by the slight of a hand, the court can determine who can be president, governor or a member of the parliament, instead of the electorate, then judicial officers appointed to determine such cases have been imbued with some sort of absolute power, which corrupts absolutely.

The issue of nepotism and lack of transparency in the appointment of judicial officers, which Mr Osigwe raised, also deserve critical appraisal by those responsible for such appointments. The criteria for the appointment of judicial officials must be transparent and open to everyone qualified. The relevant laws should be thoroughly examined to see whether there is concentration of excessive powers in the hands of a few, and efforts must be made to ensure the neutrality and independence of the appointing officers.

Promotions to a higher bench must also be very transparent and not afflicted by nepotism and political influences.

The allegations by Mr Osigwe are far-reaching, and his claim that the situation is worsening deserves immediate attention. According to him: “It is profoundly disturbing that judicial corruption not only persists but, in the view of many, has become even more entrenched. The integrity of our judicial system continues to be undermined by practices that erode public confidence and betray the very principles we are sworn to uphold.” We urge Mr Osigwe, and the NBA which he leads to champion the restoration of integrity in the judiciary. Nigerian lawyers need to introspect, as in the minds of the ordinary Nigerians, they are the conduit for corruption in the judiciary.

Since all judicial officers are not corrupt, we urge the NBA to join forces with the NJC to separate the chaff from the wheat amongst the judicial officers.