UNDERMINING JUSTICE: NIGERIA’S STRUGGLE WITH JUDICIAL MISCONDUCT AND THE IMPERATIVE FOR LEGAL REFORMS.
- INTRODUCTION
The Nigeria justice system often referred to as the last hope of the common man has come under serious scrutiny in recent times. One may even ask whether it is still the last hope of the common man. The judiciary which is the third arm of government, charged with the responsibility of ensuring the standard of the rule of law and integrity of law and order has been the perpetrators lately of misconduct in justice. This is evident in the brazen misconduct of some judges and even lawyers who are ministers in the temple of justice. Officers of the Court are not left out of this sad reality show which is called our justice system. Probably apart from the slow and lethargic manner in which civil cases are handled, criminal justice system in Nigeria has borne the brunt of the seemingly collapse of the columns of the hallowed chambers of justice. It is commonly said that the wheels of justice grind slowly but surely, it almost seems that this idiom has left the parlance of the Nigeria justice arena, it seems the wheels of justice in Nigeria now grinds slowly with serious uncertainty. It is unfortunate to note the point made by the learned erudite jurist, Hon. Justice E.O. Ayoola JSC (Rtd.), former chairman of the Independent Corrupt Practices and other Related Offences Commission (I.C.P.C.), the learned erudite jurist opined thusly:
“…The decay in the judiciary is something that has been on for decades; it started from infrastructure -bad court halls, lack of materials to use, lack of logistics and others…now things have gone worse; from poor infrastructure to poor attitude of the legal professionals: lawyers, Judges and judiciary workers. If it has been only infrastructure you can throw in money into that and get rapid results, but when it goes down to the human factor, it creates more problems. Complaints about corruption in the judiciary are now common case; in our own time it was unheard of to see what we see now.”
The above statement was made on the 28th of June, 2010, since then, even the blind can see that things have gone from worse to extremely worse. The impunity by members of the judiciary, both the bar and the bench, coupled with the brazen affront at undermining justice by either the executive arm of government or high/influential members of the society, has rendered misconduct in the justice system a normal occurrence in our society today.
The challenge which judicial misconduct occasions is that it is not a straightforward problem with an arrow like solution. Like the hydra snake, the issue of misconduct in the judiciary has many heads. Issues such as lack of access to justice, can further be caused by a variety of issues which may include delay in court proceedings, lack of courtrooms, failure to access a legal practitioner, corruption in the system etc. Other factors such as disobedience to Court Orders have become the order of the day. This can be exemplified from the executive arm of government under the Past Administration where Court Orders were disobeyed with impunity and without repercussion whatsoever. For example, accused persons were denied their right to fair hearing, arrested without court orders, judges houses were ransacked at night, individuals were arrested in either the court room or National Assembly chambers, appointments were made in gross violation of the rule of law and many other instances. Court processes were abused time and time again by politicians who file frivolous applications in order to stall due process. A major instance of judicial misconduct by way of abuse of court process can be seen in how the judiciary across three states gave conflicting orders in respect of the National Chairmanship of the Peoples Democratic Part (PDP) in 2021. Furthermore, in Kano State, the immediate past Governor sought an Order of Court restraining the new Governor and the State Government from searching his property, after carting away with State Government Vehicles upon the expiration of his term of office. The impunity by politicians, high class members of the society, and even the common man against his fellow man has resulted to the abysmal state of the judiciary as we have it today. Sadly, it is judges who grant such orders which amounts to abuse of power in order to aid an individual in circumventing the law.
- IMPACT OF JUDICIAL MISCONDUCT ON THE SOCIETY
The adverse effect of a continued desecration of the temple of justice is that it undermines public trust in the system. As stated in the introduction, the Court is the last hope of the common man, where this hope is destroyed, what will be left in the society is a breakdown of law and order. Today, citizens will rather resort to self-help than go the long haul of court intervention. Where justice is lacking in a society, such a society may be said to be entering Thomas Hobbes description of a society devoid of a functional government or law, where life is “nasty, brutish and short.” The judiciary which is in the front burner of upholding justice in any democratic state would thus be doing the society a grave disservice if it is found to be the perpetrators of breaking the law, in any form. The fibre of society hangs on this sacredness bestowed on the judiciary—upholding justice. David Sachar[1] states that judicial misconduct breaks down the very fibre of what is necessary for a functional judiciary, citizens who believe their judges are fair and impartial. The judiciary cannot exist without the trust and confidence of the people. Judges must, therefore, be accountable to legal and ethical standards. In holding them accountable for their behaviour, judicial conduct review must be performed without invading the independence of judicial decision-making.
A continuous erring judicial system renders public confidence futile. In a Nation with an atomic population growth, it is imperative for Nigeria’s judiciary at all times must not just do the right thing, but must be seen to do the right things. Lord Hewart the then Lord Chief Justice of England in Rex v. Sussex Justices[2], aptly put it thus “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 is the major challenge plaguing the system, the seeing of justice in the landscape.
Furthermore, the fact that on one hand there is the issue of corruption within the judiciary while on the other hand, the common man experiences a lethargic approach to the dispensation of justice, makes the cliché saying that justice delayed is justice denied apposite in this regard. The effectiveness of a Nigeria’s judicial system can only be measured by the efficiency of its access to justice by all and sundry. Thus, where judicial misconduct surfaces frequently, the impact is that justice is tainted, and access to what seemingly is justice is hindered. It is no brainer that the Nigeria society is bedevilled with corruption which has eaten into the very fabric of our nationhood. Access to justice is now served on a platter for the highest bidder. This can be seen evidently in political matters. The result of this state of affairs is that the society is thrown into inequality before the law, making mockery of the symbol of lady justice. The scale of justice is tilted to one side as a consequence of corruption within the judiciary.
The issue of lack of access to justice, corruption and the likes have resulted in a breakdown of law and order. This is evident in the number of years cases are before the court. The issue of delay in the dispensation of justice is a cancerous problem which renders faith in the system dead. Prolonged legal battle kills potential reliance on the system, sadly, alternative dispute resolution (ADR) means not being explored to curb this menace.
- EFFECT OF INERTIA IN ADDRESSING THE MENANCE OF JUDICIAL MISCONDUCT
Other than the present impact of judicial misconduct in Nigeria as stated above, there is a bigger issue which looms over the horizon—the future of our democracy is in grave danger. A consistent derogation of the rights of an individual by means of judicial misconduct creates two problems. One, the normalization of anomaly leading to anarchy or dictatorship and secondly, the collapse of statehood. At the epicentre of democracy is the judiciary; its officers leading the charge. Posterity depends on the actions being taken at this foundation stage to quell the fire which has been kindled. Where actions are not taken to address this cancer and we allow it to rot, the effect will be that the loss of faith in our democratic institution will be passed from generation to generation until the courts are but a memory or at best a museum for justice. This is not to mention the adverse economic challenges which the nation will face. Investors and businesses will either fold up or pack up because our judiciary has failed to protect their interest. What drives a nation is the sacrosanct premium which is placed on its adherence to the rule of law by all and sundry. No one is above the law, not even those who are its custodians.
It is important to narrow the lens of our discourse to one more effect of judicial misconduct before we proffer panacea to this ailment affecting our judiciary—lack of legal certainty. Legal certainty is a fundamental aspect of any legal system. It is a concept that allows individuals and businesses to plan and make decisions with confidence, knowing that their rights and obligations are clear and predictable. Without legal certainty, there would be chaos and confusion in the legal system, leading to uncertainty and unpredictability. Legal certainty is essential for the functioning of a market economy, as it allows businesses to operate with confidence, knowing that their contracts and property rights are secure. Moreover, it is a necessary condition for the rule of law, as it ensures that citizens are protected from arbitrary state action.[3] Legal certainty, as it follows from the texts and interpretations of judges, means clarity, certainty and accessibility of the legal standard.
From the succinct concept of legal certainty as captured above, it is made clear that legal certainty is a pivotal part of the adherence to the rule of law which continuous judicial misconduct seeks to disrupt. Failure to act, and timeously also will cripple the stability of certainty of the law which further kills confidence, trust, faith and allegiance to the judicial structure of our country. A nation without a legal framework which provides for certainty of its laws, processes and procedures and consistency of its judgments or order cannot be said to abide by the principles of adherence to the rule of law; we are at best a failing state.
- THE NEED FOR URGENT REFORMS WITHIN THE NIGERIAN JUDICIARY
There is a need for urgent and comprehensive reforms within the judiciary if the menace of judicial misconduct must be curbed because not only does this menace undermine public trust, it also impedes the pursuit of justice. Urgent reforms within both the legal system and the legislature are imperative to restore credibility, fairness, and effectiveness into the system. Some urgent reforms which need to be implemented into the judiciary include:
- Judicial Independence and Accountability: There is a need to reinforce the independence of the judiciary while ensuring robust mechanisms for accountability. Such channel for accountability should include a reporting channel which actually works. There is a need to establishing an independent oversight body to investigate allegations of judicial misconduct which would enhance transparency and build public confidence.
- Judicial Training and Professional Development: Implementing continuous education and training programs for judges to keep them abreast of evolving legal principles and ethical standards. This can further be achieved through fostering a culture of integrity and ethical behaviour through regular evaluations.
- Technology Integration: The world has adopted the use of technology and artificial intelligence. These tools are emotionless and are more likely to comply with standards as programmed. It therefore means that an Introduction of technology-driven solutions will help to streamline court processes, improve case management, and enhance transparency. Furthermore, implementing effective and efficient e-filing systems and online access to court proceedings will reduce delays and enhance efficiency.
- Speedy and Efficient Case Resolution: A major consequence of judicial misconduct is delayed justice. Thus, where mechanism is put in place for a swift hearing and adjudication of cases, public trust in the system would be restored. Enforcing strict timelines for case resolutions to eliminate backlog ensures that justice is swift. In addition to this, there is need for appointment of additional judges to handle increasing caseloads and also renovation of the courtrooms.
- Increased public awareness and education: an aware citizen would hold the judiciary more accountable to its duties and roles. Therefore, NGOs, civil society groups, and other stakeholders must initiate public awareness campaigns to educate citizens on their legal rights, the judicial process, accountability from judges and lawyers and avenues for redress. Civic participation in judicial processes must be encouraged to hold judges accountable and promote a sense of shared responsibility
- Disciplinary Action: There should be in place a stricter disciplinary measure against legal practitioners and even judges for actions that constitute misconduct. The rationale for this is where laws are in force, and implemented, members of the Nigerian justice system will brace up and act according to ethical standards.
Other proposed reforms for the judiciary in combating judicial misconduct include; Legislative Reforms, Whistleblower Protection, International Best Practices. Addressing judicial misconduct requires a multifaceted approach that involves collaboration between the legal system and the legislature. By implementing these urgent reforms, Nigeria can foster a legal environment that upholds the principles of justice, fairness, and accountability, thereby strengthening the foundations of its democracy.
- CONCLUSION
There is need for collective action by all stakeholders involved in the justice system to ensure compliance with ethical standard. Thus, both members of the bar and the bench are enjoined to be strict proponents to the rule of law and the protection of justice. Moreover, the legislature, through the enactment of time relevant laws in sync with prevalent social economic factors, can help put in place effective measures which will aid in the reformation of the judiciary Recap the urgency for proactive measures in reforming the justice system. To quote former United States President Theodore Roosevelt: “No man is above the law and no man is below it; nor do we ask any man’s permission when we ask him to obey it. Obedience to the law is demanded as a right, not asked as a Favor.” The judges who administer justice, and the lawyers who practice in our courts, must be seen as ethical and subject to meaningful correction when the occasion arises.
By JEDIDIAH F. AKPATA, ESQ.
[1] David Sachar, ‘Judicial Misconduct and Public Confidence in the Rule of law’ https://www.unodc.org/dohadeclaration/en/news/2019/08/judicial-misconduct-and-public-confidence-in-the-rule-of-law.html#:~:text=Judicial%20misconduct%20breaks%20down% accessed 22 January, 2024
[2] [1924] 1 KB 256
[3] https://fastercapital.com/content/Legal-certainty–Striving-for-Legal-Certainty–The-Common-Law-Approach.html accessed on the 23 January, 2024
