CHAPTER
ONE
INTRODUCTION
1.1
Background
to the Study:
The
Judiciary represents the court system in the land, it symbolizes judges and
justice. It is the third arm of any modern government and was popularized by
Montesquieu, the French political philosopher and jurist who postulated that
there should be separation of judicial duties from legislative and executive
functions to forestall tyranny. A court system implies a judicial arrangement
of graduated competences of hierarchical structural arrangement from lower to
superior courts, courts of first instance to Supreme Court, where appeals are
taken or heard, and special courts or tribunals, exists in modern democratic states.
The judiciary also has other notable functions
according to Akpan (2008) which include punishing offenders of the laws,
swearing in of the President and other important public officers, granting
letter of administration of estates and above all, guarding against an
arbitrary use of power by the other arms of government. For
the administration of justice to be fair and equitable in any political
setting, it should combine autonomy with accessibility and a certain degree of
uniformity. To be fair means that it is objective and fearless. To be equitable
implies that court rules are equally applied, as rewards and punishment to both
the poor and the rich. Autonomy connotes independence and authority.
Corruption
has been the major problem bedeviling Nigeria, as it has virtually defied all
solutions so far. In Nigeria bribery and corruption have assumed an alarming
rate, established stronghold that the weekly star of 15th May, 1983, quoted in
Achebe (1983.43), unequivocally maintains “that keeping an average Nigerian
from being corrupt is like keeping a goat from eating yam” Corruption has been
recognized as the major enemy of man, it is however, lack of political will to
begin to tackle this problem, except for Buhari /Idiagbon regime (1983-1985)
and Obasanjo regime (1999-2007). Past futile intervention against corruption
include the Corrupt Practices Decree of 1975, the Public Officer (investigation
of Assets) Decree No 5 of 1976, supplemented by the Code Of Conduct Bureau and Code
Of Conduct Tribunal as provided for in the 1979 constitution. Shehu Shagari
ethical revolution (1979-1983), with a minister of cabinet rank in charge of
“national guidance”, the “war against indiscipline” campaign under the Buhari
and Idiagbon junta which was to some extent the only serious intervention and
the National committee on corruption and other Economics crimes under Ibrahim
Babangida (1985-93). The IBB regime also came up with the corrupt practice and
Economic crime Decree of 1990. Even the Sani Abacha regime (1994-98) came up
with its own anti- corruption Decree, the “Indiscipline, Corrupt Practices and Economic
Crime (prohibition) Decree 1994” which was a replica of IBB Decree of 1990.
However, it is regrettable to note that inspite of interventions by past
regimes to stamp out corruption, the evil monster keeps on recurring. According
to Okonkwo (2005: 85), a historical view of bribery and corruption in Nigeria
shows that rhetoric against corruption does not end corruption. All the
inspiring words of our leaders and journalists have not changed anyone. Against
this background, it has become unavoidably important to critically assess the
judiciary and anticorruption in Nigeria.
1.2
Statement
of the Problem
Over
the years, successive administrations in Nigeria have set up various
institutions designed to fight corruption. These institutions have not
functioned appropriately and as a result, there is institutionalization of
corruption. The above scenario almost turned Nigeria into pariah nation. In
foreign states, Nigerians were treated with suspicion and embarrassment and
foreigners were wary of making Nigeria their investment destination. The more
government devises genuine policies and plans to combat corruption, the more
the implementation pattern seems to be frustrated. Corruption, real or
imagined, is believed to be so endemic in Nigeria that public disapproval of it
has gradually turned into tacit acquiescence and positive acceptance. There is
a need to act and investigate the hydra-headed problem of corruption for the
sake of the unborn generations. The political and socio-economic destructive
effects of corruption have been so overwhelming that unless decisive steps were
taken, the state might well be doomed. In spite of the several legislations and
multiple institutions put in place to fight corruption, little result has been
achieved. This has made people lose hope in our ability to get out of these
difficult situations.
On the night of the 7th of October
2016, between the hours of 10 pm and the wee hours of the next day, the
Department of State Services (DSS), executing a carefully prepared script,
invaded the homes of selected Justices of the Supreme Court of Nigeria in
Abuja, Judges of the Federal High Court in Port Harcourt and Abuja and State
High Court Judges in Gombe and Kaduna States. These judicial officers and their
families had their sleep rudely interrupted, homes broken into, searches
conducted and reputations tarnished. The Government agency that spearheaded
this ordeal anchored these unorthodox actions, on the overriding and compelling
necessity to eradicate corruption. It was put in the public domain, snippets of
the crimes these judicial officers were said to have committed. By and large,
since these strong arm tactics were employed, there have been a torrent of
views on both sides of the aisle hotly debating the bona fides or otherwise of
the actions of the DSS and its aftermath. In this discourse, it is intended not
only to review the legality or otherwise of the steps referred to above, but
also to find a lasting solution to the incidences of corruption in the Nigerian
Judiciary. There are many other ancillary issues that must be touched upon,
such as the role of the National Judicial Council (NJC) and other stakeholders
such as the Bar Association (NBA) in the fight against judicial corruption and
the impact of public opinion on the evolving issues. Hence the research
questions:
1.3
Research
Questions
1.
To what extent is the judiciary
efficient in its fight against in its fight against bribery and corruption in
Nigeria between 2015 and 2017?
2.
How does legal provisions impart on judicial
decisions on anti-corruption fight in Nigeria between 2015 and 2017?
3.
What are the challenges militating
against the performance of judiciary in its fight against corruption?
1.4
Objectives
of the Study
1.
To analyze the efficacy of Judiciary
in its fight against bribery and corruption in Nigeria.
2.
To analyze the effect of severe
punishment of offenders on anticorruption fight in Nigeria.
3.
To identify the challenges militating
against the performance of judiciary in its fight against corruption.
1.5
Significance
of the Study.
The
significance of this study or research cannot be over emphasized because of the
immense contribution it is supposed to offer in the area of development of
knowledge in Judiciary and anti-corruption in Nigeria. Over the years, scholars
and experts have dedicated much attention to the study of corruption and their
effects on the underdevelopment and development of different world’s economies.
This study therefore is centered on the impacts of Judiciary on anti-corruption
campaign in Nigeria, and the war against the end called corruption and how the
government has used certain policies and institutions to fight this malaise.
This work will serve as
a very relevant and important material for further research on activities of
the Judiciary in war against bribery and corruption in corruption among nations
in the world.
1.6
Hypotheses.
1.
Severe punishment of offenders has not
boosted the anti-corruption fight in Nigeria (2015-2017)
2.
There is no efficacy for the judiciary
in its fight against bribery and corruption in Nigeria (2015-2017)
3.
The appointment method of the top
positions in the courts seems to be the major challenge militating against the
performance of the judiciary in its fight against corruption (2015-2017)
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