WRITER: OLAYINKA ALAYA
TOPIC: CLEANSING THE NIGERIA JUDICIARY FOR JUSTICE TO REIGN.
The public perception of the Nigeria Judiciary as the bastion of hope for the hopeful and the common man in the society has been dampened due to the alleged increasing rate of corruption in this arm of government that should be more concerned about the plight of the people and rescue the masses from oppression, hunger and ignorance.
Many scholars and public Affairs Analysts had postulated that the phenomenon of corruption in the judiciary is gradually inching into reality considering what is happening in our society today. A situation whereby a man that steals a goat is jailed for six months or years, while someone that embezzled or siphoned public funds worth billions of naira were bailed with a fine and walking the street without fear. The scholars, however, are of the opinion that it would be difficult for the judiciary to be independent and fight corruption when some group of people is treated as sacred cows and untouchable.
It would be agreed that in a corrupted society like ours, when all are bathing and swimming in corruption, the judiciary that is supposed to interpret the law, curb corruption and serve as bastion of hope for a common, would also be exposed to corruption and as a result, the society becomes lawless.
TOPIC: CLEANSING THE NIGERIA JUDICIARY FOR JUSTICE TO REIGN.
The public perception of the Nigeria Judiciary as the bastion of hope for the hopeful and the common man in the society has been dampened due to the alleged increasing rate of corruption in this arm of government that should be more concerned about the plight of the people and rescue the masses from oppression, hunger and ignorance.
Many scholars and public Affairs Analysts had postulated that the phenomenon of corruption in the judiciary is gradually inching into reality considering what is happening in our society today. A situation whereby a man that steals a goat is jailed for six months or years, while someone that embezzled or siphoned public funds worth billions of naira were bailed with a fine and walking the street without fear. The scholars, however, are of the opinion that it would be difficult for the judiciary to be independent and fight corruption when some group of people is treated as sacred cows and untouchable.
It would be agreed that in a corrupted society like ours, when all are bathing and swimming in corruption, the judiciary that is supposed to interpret the law, curb corruption and serve as bastion of hope for a common, would also be exposed to corruption and as a result, the society becomes lawless.
Some scholars also believed that the
mode of appointment of judicial officials and their relationship with the
political class also contributed to the abnormally in the disposition of
justice. A situation whereby, due processes are not followed in the appointment
of Judges, Magistrates, and Senior Advocate of Nigeria calls for concern.
According to a Professor of Jurisprudence
and International Law at the University of Ilorin, Professor AbdulWahab
Egbewole, the problem of corruption in the judiciary is as a result of the mode
of appointment of judicial officers in Nigeria which today is guided by
nepotism, ethnicity, promotion that lack merit, who you know and not what you
know as well as god fatherism.
Professor Egbewole stated further that, for the judiciary to assist the society, it must cleanse itself of corrupt elements. The corrupt elements that have no business in the judiciary in the first place, pointing out that from the present composition of the Nigeria Judicial Council, it is not possible to get the kind of corrupt free judiciary of our dream.
It is however pertinent to say that judiciary must be independently minded and determine issues brought before them honestly, dispassionately and in accordance with the law. Section six of the constitution of Nigeria says the judiciary must be ready to take all cases brought before it.
Professor Egbewole, also suggested that if corruption must be exterminated from the judiciary in Nigeria, the present composition and structure of the National Judicial Council (NJC) must be given a fundamental surgical operation.
Professor Egbewole stated further that, for the judiciary to assist the society, it must cleanse itself of corrupt elements. The corrupt elements that have no business in the judiciary in the first place, pointing out that from the present composition of the Nigeria Judicial Council, it is not possible to get the kind of corrupt free judiciary of our dream.
It is however pertinent to say that judiciary must be independently minded and determine issues brought before them honestly, dispassionately and in accordance with the law. Section six of the constitution of Nigeria says the judiciary must be ready to take all cases brought before it.
Professor Egbewole, also suggested that if corruption must be exterminated from the judiciary in Nigeria, the present composition and structure of the National Judicial Council (NJC) must be given a fundamental surgical operation.
A judge must be able to sense danger
of corruption and run away from it. All decisions by the judiciary must be
according to the law and if any extraneous factor like filial relation,
monetary consideration or social influence has a place in the determination of
issues brought before the court, the judiciary will lose its potency, relevance
and place in the governmental scheme and indeed, the society at large.
In order to discharge its function as the last hope of the common man, the judiciary must ensure probity, honesty and impartiality. In the discharge of this onerous responsibility duty, the Nigeria judiciary is also expected to act promptly because justice delayed I'd justice denied and should stop slowly grinding the wheel of justice so that justice will not hit the rock.
Any judicial officer caught for corruption he or she should be tried and jailed without any option of fine.
Government at all levels should look into the issue of funding the judiciary and make them self accounting as against the present regime of having to go to the Executive for all their needs. In fact, the separation of power between the three arms of government needs to be effective. One arm must not depend on another arm; they must work independently if truly, we want to have a better Nigeria.
Nigeria judiciary must also be the harbinger of hope for the big and the small, the powerful and the powerless, the hopeful and the hopeless, the privileged and the disadvantaged.
In order to discharge its function as the last hope of the common man, the judiciary must ensure probity, honesty and impartiality. In the discharge of this onerous responsibility duty, the Nigeria judiciary is also expected to act promptly because justice delayed I'd justice denied and should stop slowly grinding the wheel of justice so that justice will not hit the rock.
Any judicial officer caught for corruption he or she should be tried and jailed without any option of fine.
Government at all levels should look into the issue of funding the judiciary and make them self accounting as against the present regime of having to go to the Executive for all their needs. In fact, the separation of power between the three arms of government needs to be effective. One arm must not depend on another arm; they must work independently if truly, we want to have a better Nigeria.
Nigeria judiciary must also be the harbinger of hope for the big and the small, the powerful and the powerless, the hopeful and the hopeless, the privileged and the disadvantaged.
