Impact of Judicial Corruption on Nigeria’s Society, Governance, and Global Standing

This article by Johnson Babalola discusses the dangers of judicial corruption and how it is able to destroy the very fabric of society, eroding citizens’ trust in the Judiciary, governance and the rule of law; repelling foreign direct investment, companies that prefer to operate in an ethical environment, thereby impacting negatively on economic growth, among other gloomy outcomes. He suggests ways to tackle judicial corruption, from the Nigerian Bar Association (NBA) playing a more active role in the recruitment of judicial officers, to transparency in judicial appointments and  the National Judicial Council (NJC) playing a more effective role in the discipline of erring judicial officers

Introduction 

In a nation where justice is compromised, every aspect of society is affected. Judicial corruption, particularly in Nigeria, which is striving to attract foreign investment and foster growth, not only tarnishes the image of the Judiciary, but also destabilises trust in the rule of law, governance and economic development. Hon. Justice Mohammed Lawal Uwais, GCON, former Chief Justice of Nigeria, once remarked: “A corrupt Judge is more harmful to society, than a man who runs amok with a dagger in a crowded street. The latter can be restrained physically, but a corrupt Judge deliberately destroys the moral foundation of society and causes incalculable distress to individuals, through abusing his office while still being referred to as honourable”. This stark comparison reveals how pervasive the effects of judicial corruption are, extending far beyond individual cases to undermine the entire societal structure.

Erosion of Trust in Governance and the Rule of Law

One of the Judiciary’s core functions is to uphold justice impartially, ensuring that citizens can rely on the courts to deliver fair and equitable decisions. When the Judiciary becomes tainted by corruption, trust in the entire governance system weakens. Citizens lose faith in the idea that justice can be attained through legal means, encouraging lawlessness, vigilantism, and the breakdown of civil society. The Judiciary is supposed to act as a check on executive and legislative powers, but when Judges themselves are corrupt, they cease to be independent arbiters, allowing for the abuse of power at all levels of government.

Judicial corruption allows criminals, corrupt politicians, and fraudsters to escape justice, perpetuating a culture of impunity. This perception of inequality before the law, contributes to a cynical and disillusioned citizenry. As the late Lord Denning, a renowned British Jurist, noted: “Justice must be rooted in confidence, and confidence is destroyed when right-minded people go away thinking: ‘The judge was biased’”.The Nigerian public is all too familiar with instances where justice appears to be for sale, with wealthy individuals or those with political influence escaping punishment while the poor are disproportionately punished.

Impact on Foreign Investment and Economic Growth

Foreign investors are wary of environments, where the Judiciary cannot be trusted to enforce contracts and protect investments. Corruption in the Judiciary can delay or distort the outcomes of commercial disputes, making it risky for companies to do business in Nigeria. Investors need assurance that if legal disputes arise, they will be resolved fairly, promptly, and impartially. When such guarantees are absent, investment capital flows elsewhere, depriving Nigeria of much-needed economic growth and development.

According to Transparency International, judicial corruption also impacts the broader business environment, where businesses may feel pressured to engage in corrupt practices to secure favourable rulings. This leads to an uneven playing field where only those willing to bribe or engage in illicit activities thrive, further disincentivising ethical investments. The cost of doing business rises due to the uncertainty of legal protections, as articulated by Lord Acton: “Power tends to corrupt, and absolute power corrupts absolutely”. When Judges, who hold immense power over the fate of citizens and businesses, become corrupt, it creates an environment where ethical companies find it difficult to operate.

Consequences for Citizens and Human Rights

At the heart of judicial corruption, is the suffering it inflicts on ordinary citizens. When a person seeks justice, but is met with a system that requires bribes or favours for a fair hearing, they are denied their basic rights. Innocent people may languish in prison, while the guilty walk free. Vulnerable groups, such as women, minorities, and the poor, are particularly affected, as they often lack the resources to navigate or challenge a corrupt judicial system.

Human rights abuses are often perpetuated when the Judiciary fails to protect the vulnerable, or when it collaborates with corrupt government officials to suppress dissent. In these situations, judicial corruption becomes an enabler of State-sponsored violence, unlawful detentions, and the suppression of freedom of speech and assembly. As former U.S. Supreme Court Justice, Sandra Day O’Connor once observed: “The courts of this country should not be merely representative organs of popular opinion, nor merely instruments for carrying out the will of the government, but rather, instruments of justice”.

The Role of the Nigerian Bar Association in Addressing Judicial Corruption

The Nigerian Bar Association (NBA), as the umbrella body for legal practitioners, has a crucial role to play in tackling judicial corruption. Lawyers are integral to the judicial process, and unfortunately, some have been implicated in encouraging corrupt practices by bribing Judges or exploiting their relationships with judicial officers to influence case outcomes. For Nigeria to address corruption within its Judiciary, the NBA must take proactive steps to reform both the legal profession and its relationship with the courts.

Firstly, the NBA must intensify efforts to uphold ethical standards among Lawyers. It should be an uncompromising advocate for the integrity of the legal profession, by strictly enforcing its Code of Conduct. Lawyers who engage in unethical practices, such as offering bribes or facilitating judicial corruption, should face severe disciplinary actions, including suspension or disbarment. An independent disciplinary committee, free from internal influences, can ensure that these measures are carried out effectively.

Secondly, the NBA should collaborate with the Judiciary, to improve transparency in judicial appointments and the promotion of Judges. Merit-based appointments that consider competence, integrity, and professionalism, would reduce the chances of corrupt individuals gaining judicial office. As Chief Justice John Roberts of the U.S. once said: “Judges are like umpires. Umpires don’t make the rules; they apply them. The role of an umpire and a Judge is critical to ensuring fairness, integrity, and public trust”. The NBA can advocate for the institutionalisation of such a standard in Nigeria, ensuring that only those with impeccable records and moral standing ascend to the Bench.

Furthermore, the NBA can lead public advocacy campaigns aimed at educating the public on the dangers of judicial corruption, and encouraging them to speak out against it. Many citizens may feel powerless or unaware of their rights, when faced with corrupt practices in the Judiciary. By creating platforms for citizens to report judicial misconduct and by supporting whistleblowers, the NBA can empower the public to demand a fairer and more transparent legal system.

The NBA can also foster stronger relationships with international anti-corruption organisations, seeking technical assistance and adopting best practices from countries with more transparent judicial systems. Engaging in cross-border collaborations and learning from other jurisdictions, will allow the NBA to innovate in its fight against corruption within the Nigerian Judiciary.

The Way Forward: Rebuilding the Judiciary

For Nigeria to realise its full potential, it must reform its Judiciary and restore the integrity of the courts. Judges need to be held to the highest ethical standards, and corruption must be addressed through strict enforcement of anti-corruption laws, transparent judicial appointments, and mechanisms that allow for the investigation and removal of corrupt Judges. This includes empowering the National Judicial Council (NJC) to carry out its oversight role more effectively, and ensuring that Judges who engage in corrupt practices face severe consequences.

Additionally, citizens must be encouraged to report instances of judicial misconduct, and legal professionals should be trained to uphold ethical practices in the courtroom. The NBA’s collaboration with the NJC and international bodies can significantly strengthen efforts to build a corruption-free Judiciary in Nigeria.

Conclusion

Judicial corruption in Nigeria is not just a problem for the Judiciary; it affects every facet of the nation’s life. From eroding trust in governance and deterring foreign investment, to perpetuating human rights abuses, the consequences of a corrupt Judiciary are profound and far-reaching. As Justice Uwais powerfully stated, a corrupt Judge is not merely a criminal in a courtroom robe, but a destroyer of society’s moral fabric. The Nigerian Bar Association, as a gatekeeper of the legal profession, has a pivotal role to play in eradicating corruption from the legal and judicial systems. Through decisive reforms, public advocacy, and collaboration with judicial bodies, the NBA can help restore public trust and ensure that justice in Nigeria is no longer compromised by corruption. Only then, can the nation begin to rebuild itself on the foundations of integrity and fairness.

Johnson Babalola, Lawyer and Public Affairs Analyst, Canada