Nigeria’s judiciary has been plagued by allegations of corruption, leading to a pervasive lack of trust among the public, much of which is its fault. This widespread perception of corruption within the judiciary has negative implications for our democracy.
For the survival of our teetering democracy, we must immediately address the reasons behind Nigerians’ distrust of the judiciary.
The specific, yet disparate, cases involving Senator Adamu Muhammad Bulkachuwa, spouse of former President of the Court of Appeal, Justice Zainab Adamu Bulkachuwa (retd) and Justice Olukayode Ariwoola, the Chief Justice of Nigeria, all demonstrating how critical the situation is and how mistrust in the judiciary can be exploited by purveyors of fake news and misinformation.
It is no longer news that corruption allegations within Nigeria’s judiciary have severely eroded public trust, leading citizens to believe that justice can be influenced or purchased. This perception is highly problematic for Nigeria’s democracy, as it undermines the principles of fairness, equality, and the rule of law.
When the judiciary is perceived as being partial or compromised, citizens lose faith in the democratic process, resulting in reduced civic engagement and increased disenchantment with the system.
The roots of corruption in the judiciary are multifaceted, stemming from systemic deficiencies, a lack of effective checks and balances and a prevailing culture of impunity. Lawyers have been active enablers of corruption in the bench. Political interference further exacerbates the issue, compromising the independence of the judiciary. Instances of judicial bribery, nepotism, and manipulation of court processes for personal gain fuels the perception that the judiciary can be easily compromised.
In a democratic society, an impartial justice system plays a crucial role in upholding the rule of law and ensuring justice for all citizens, irrespective of their social status. The judiciary’s independence is paramount in safeguarding the rights and liberties of the people, providing an equal platform for all individuals before the law.
By remaining impartial, the judiciary can function as a check on the executive and legislative branches, ensuring accountability and adherence to the constitution. Furthermore, it offers citizens a forum to seek redress, protecting them from abuse of power and guaranteeing the upholding of the rights of the vulnerable.u
An impartial and fair judiciary strengthens the social fabric of a nation and fosters trust in democratic institutions, creating an environment in which the rule of law is respected, and justice is perceived as attainable.
Nigerians’ lack of trust in the judiciary can be attributed to several factors, some of which are perpetuated by judges, justices and lawyers. The judiciary’s history of corruption, with past cases of judges accepting bribes and compromising their integrity, has fostered a belief that justice can be bought. We need look no further than recent cases involving Senators Ahmad Lawan and Bulkachuwa to realise the depth of this problem.
Furthermore, there is a perception that the judiciary often rules in favour of the powerful and wealthy, leading to accusations of favouritism. This perception is reinforced when individuals with political influence receive favourable outcomes in their legal cases.
Prolonged court processes and delays in delivering justice also contribute to public frustration and a lack of confidence in the system. The slow pace of justice can lead to a sense of impunity, where wrongdoers believe they can evade accountability over a lengthy court trial.
In addition to the above, allegations of political interference in judicial decisions further contribute to public distrust. When the judiciary is perceived to be influenced by political actors, its impartiality is called into question.
All of these are given legitimacy when instances like Bulkachuwa admitting to have influenced decisions of his wife. The perception of potential bias stemming from his marital influence has generated public distrust in the judiciary’s ability to deliver a fair verdict. Although Bulkachuwa eventually denied any such influence, the incident contributed to the already widespread perception of corruption and undue influence within the judicial system.
The case involving Chief Justice Ariwoola revolves around allegations of a secret phone conversation with President Bola Tinubu aimed at pressuring the Presidential Election Petition Tribunal in Abuja in favour of Tinubu and the All Progressives Congress (APC). A section of the media reported these allegations, which raised concerns about the CJN’s impartiality and the integrity of the judiciary.
To counter the reports, the Supreme Court and the APC issued separate statements denying the existence of any secret phone conversation between Chief Justice Ariwoola and President Tinubu. The Director of Press at the Supreme Court, Festus Akande, clarified that there was no such telephone conversation between the CJN and anyone, emphasising that falsehood and rumour peddling would hinder the progress of Nigeria. The APC also dismissed the alleged phone conversation as mischievous and intentionally misleading.
Justice Ugo’s case involves false reports claiming that he resigned from the Presidential Election Petition Tribunal (PEPT) due to interference and pressure from the executive branch. The reports suggested that Justice Ugo feared undermining Nigeria’s democracy and refused to side with the government in cases challenging the election of Tinubu.
However, the Court of Appeal, represented by its Chief Registrar, Malam Umar Mohammed Bangari, categorically denied the accuracy of these reports. Bangari issued a statement dismissing the news as entirely false and misleading, urging the public to disregard the fake news. These cases highlight the importance of maintaining an independent judiciary and ensuring that false information and rumours do not compromise the integrity of the justice system.
The judiciary must take responsibility for the mistrust it faces. Like a serial liar, even when it delivers justice, suspicions of foul play and bribery persist due to past incidents of corruption and political influence. These instances have tarnished the reputation of the entire system, making it challenging for even genuine acts of justice to be perceived as fair.
The judiciary must address its internal issues, such as corruption and inefficiency, to restore public trust. Additionally, proactive efforts should be made to engage with the public and enhance transparency, demonstrating a commitment to impartiality and justice.
To restore public trust in the judiciary and strengthen Nigeria’s democracy, there are recommendations that can help to begin the process of restoration. It must begin with judicial cleansing. The judiciary must conduct thorough investigations into allegations of corruption and nepotism within the judiciary with the resolution to dismiss and prosecute those found guilty to send a strong message against corruption.
Transparency and accountability must become watchwords. They must implement measures to enhance transparency in the judiciary’s processes and decisions. They must also publish judgments and ensure accessible information to the public.
There is a stringent need for judicial independence. They must safeguard the judiciary’s independence by insulating it from political influence and interference. Another recommendation is the sensitization and education of the public. They must ensure a system whereby the education of the public about their role in upholding the integrity of the justice system and the consequences of spreading fake news are part of the process.
The foregoing points to a need for legal reforms. I have mentioned this several times before and we must of necessity expedite judicial processes to reduce delays in delivering justice and address the backlog of cases to ensure that we avoid a continuation of the “justice delayed, justice denied” syndrome.
Addressing corruption and distrust in Nigeria’s judiciary is vital for restoring faith in the justice system and upholding democracy. By taking decisive steps to cleanse the judiciary, promote transparency, and implement judicial reforms, Nigeria can create a more just and equitable society that serves the best interests of all its citizens. A renewed commitment to an impartial and fair justice system will help foster a culture of trust, accountability, and respect for the rule of law, strengthening Nigeria’s democracy, promote good and accountable governance as well as ensuring justice for all.
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