Saving The Judiciary …

Justice Aloma Mukhtar

When, in his work, Don Quixote in England (1734) English Novelist Henry Fielding said, “I am as sober as a judge, he was unconsciously highlighting one of the most important attributes of men and women who sit in judgement over others. With powers as total as  to pronounce death sentence or solitary confinement, a judge must, at all times, embrace solitude as a bride, in weighing facts before him.

In carrying out such duty, what should be uppermost is justice. That is why the English Jurist, Lord Gordon Hewart, (IN Court, 1923. In Jackson’s The Chef) insisted, “It is not merely of some importance but is of fundamental importance that Justice should not only be done, but should manifestly and undoubtedly be seen to be done”.

This expectation had in recent times become a scarce commodity in Nigeria as justice now seems to be exclusive reward of the affluent, high and mighty. It is no secret that corruption had infiltrated the judiciary to such disturbing  extents that very few consider courts as worthwhile avenues for dispute resolution. Infact, it is now commonplace for poor jobless youth to remain in prison as Awaiting Trial Members, for years, for a sin of wandering while a rich man, known to have embezzled billions of naira meant for others’ pension is merely slapped in the wrist and set free.

That there are indeed corrupt judges is not an issue for debate. But for how long should such judicial officers be allowed to mock the very temple of justice they swore to hold sacred?
This is why it came to very few as a surprise when the Chief Justice of Nigeria, Justice Aloma Mukhtar said last week that there would soon be an annual evaluation of judicial officers, particularly judges and magistrates with a view to weeding the judiciary of criminals in glorious robes. That, in itself attests to the fact that corruption has indeed taken root in the judiciary.
As the last hope of the common man, the judiciary cannot afford to be below board. It cannot compromise truth for pecuniary benefits and for the same, upturn justice to favour the affluent.
Most importantly, judges cannot afford to lose their expected sober mien in adjudicating over the worries of men. For to do so will be to court anarchy which comes when men and women lose faith in the courts and resort to jungle justice to settle scores.

It is in avoidance of these and to protect the judiciary from itself that the National Conference Committee on Civil society labour, youth and sports recently proposed 50 years imprisonment and loss of official entitlements for judges convicted of corruption and perversion of justice. The committee in its report presented last week Thursday by its chairman, Mrs Bola Ogunrimade said that it was such proposal that revived the Asian nations.

“Judiciary officers convicted or found guilty of corruption and perversion of justice should be liable to 50 years imprisonment and loss of all official entitlements including gratuities and pensions.”
The committee also proposed the strengthening of National Human Rights Commission, anti-corruption agencies and National Orientation Agency by making them independent in appointments, operations and funding. “Otherwise some judges will continue to upturn justice in favour of the have’s over the have nots.

Not too long ago, a commercial cab driver whose wife was caught with an influential politician, and confronted the strange man was arrested and charged to court for attempted murder. The driver remained in ATM for months and by the time he was released, his wife had finally moved in with his tormentor. But because the cab driver had to sign an undertaking never to get close to his wife’s new boyfriend or lose his freedom, he had continued to lick his wounds up till this day.
What of the celebrated land dispute between the indigent son of a farmer and a wealthy trader? The trader made sure that the young man was remanded in prison awaiting trial for more than six months only to find, upon return, a mansion on his late father’s farmland, the subject of the dispute.

These are only few examples of how miscarriage of justice occur and how the higher bidders did everything to buy justice, through corrupt judges. But perhaps the most dangerous examples of  miscarriage of justice are those involving political disputes arising from elections. Election tribunals are meant to right wrongs in the conduct of elections. But there are instances where those depended upon to do right place price tags on justice and in the end favour the willing and ready. Often, politicians battle to win elections at all cost, take oath of office and pay through the state’s nose to defend a rigged election. Those who appear headstrong, and fail to meet necessary demands are shown the way out of office.

These are why even lawyers scramble for seats in Election Tribunals more because of the juicy packages that that kind of justice attracts than for the need to uphold truth. Infact, the temple of justice has become a shrine of corruption and the sacred blindfold of the innocent lady removed.
Such is the moral depravity that has permeated the judiciary. And so deep, only drastic measures like the options of the Chief Justice and the National Conference Committee on Justice can indeed check. But will these ever see the light of day? Why not.

After all, this will not be the first time the Chief Justice had lamented corruption and corrupt judges in the judiciary. Infact, not too long ago, some judges were suspected and others retired over related concerns. However, what should also be considered as very worrisome are conflicting judgements on related issues. The legal tradition of referring to existing rulings on related cases is gradually being abandoned to meet the needs of the pay masters. So also are questionable injunctions and counter injunctions.

Today, it is commonplace for a judge to grant interlocutory injunction only to be countered by another injunction by another court of same jurisdiction. These are why many believe that a lot needs to be done to cleanse the judiciary of the rot of corruption that has afflicted it. Reckless adjournments meant to frustrate lilitiqants is today common place, thanks to the rot. Another is the conspiracy of lazy lawyers and judges to protect high bidders.

Therefore, a re-orientation of the judiciary must be all-embracing, if any meaningful changes are to be expected. The judicial high command must strive to earn the trust and confidence of the ordinary Nigerian if it hopes to have facts concerning such rogue judges. Another is the ability to summon the needed political will to properly investigate, try and punish such corrupt judges without playing espirit de corp with such complaints and trials.

The judicial officers must themselves realise that unless bad eggs were fished out, they would share in the distrust and disrespect which often attend some courts on account of such corruption related deeds. Since oil that touches a finger quickly spreads to the rest, such self-examination will be helpful in the planned campaign.

However, it must be stated that  independence of the judiciary may be key to stopping  the occasional influence the executive arm enjoys over the judiciary. Even so, a good judge is depended upon to keep his head high above water, be sober and at all times defend justice. That would not only earn him respect and honour, it will, also discourage those who may seek to corrupt him to look the other way, fore-warned that the judge is indeed incorrigible.

My Agony is that Judges are part of the corrupt society that has lost respect for integrity, truth and honour. And so, some judges have become victims of the same rot which only few can resist.
Methinks the 50 year jail term for corrupt judicial officers will help check the steady drift of the temple of justice into oblivion.

 

Soye Wilson Jamabo