Monday 5 December 2016

Judges’ Role In The War Against Corruption


When President Muhammadu Buhari made the fight against corruption one of his priorities and declared, ‘if we don’t kill corruption, corruption will kill Nigeria’ most Nigerians heaved a sigh of relief that, may be, the social evil is on the verge of being reduced to its barest minimum. Corruption, that social evil that has stalled development of the country over the years, remains the main albatross tugging at Nigeria’s quest for economic, social and industrial growth.
However, the fight against the ill will be a mirage if all we get is media trial without convictions at the courts to serve as a deterrent to errant Nigerians. What this points out, clearly, is the crucial role the courts and judges have to play. The judicial officers’ pronouncements have the potential to signal an end to impunity. To this extent, therefore, the importance of these officers of the temple of justice cannot be overemphasized as the judiciary (the third arm of government) is the only organ that can interpret issues or disputes between the executive, legislature and the public in general. A man who is playing the role of God on earth cannot be regarded as an ordinary man. He has a sacred duty that is sacrosanct. The outcome of a judicial panel of inquiry is not a conviction of the court. And that is why a judge has to exercise his discretion judiciously and judicially.
But the recent arrest of about eight judges by the Department of State Services (DSS) over alleged involvement in corrupt activities has introduced another dimension to their conduct in the discharge of their duties.
Since the facts of the matter are now in the public domain, it is instructive to say that judges no longer expect to be told that they have to be above board and live up to expectations set for them by the dictates of their calling. It also means that they must abide by their oaths of office and interpret the law without fear or favour. It is a rare calling, in our view, that deserves utmost dignity and honour.
With the arraignment of some of these judges on allegations of corrupt practices, the temptation to lump all judges as corrupt, is obviously attractive. With that mindset, it is pertinent to stress, in our opinion, that not all the judges are corrupt as some have been doing their work conscientiously.
The immediate former Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, dwelt on the issue of integrity of the courts and judges at his valedictory service, particularly as they relate to the sustenance of democracy. We recall his earlier warning to the effect that no judge should grant an ex-parte application that would stall the polls. And there were certain judges from the Federal High Court who refused to grant ex -parte motions and frivolous applications to stop some candidates including a presidential candidate from contesting the epoch- making 2015 polls
For the records, the acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has promised that the judiciary under his watch, will abhor corruption and return to good old days where integrity was the watchword. With about 17 Justices of the Supreme Court (JSCs), 83 Justices of the Court of Appeal (JCAs), 80 Judges of the Federal High Court and many Magistrates across the country, Nigerians should be able to get justice and corrupt people should have their days in court.
Anti- corruption agencies including the EFCC, ICPC and Code of Conduct Tribunal (CCT’s) performances can only be measured through convictions in the courts. The arrest of suspects is not enough. What Nigerians want from these anti-graft agencies are convictions to prove to Nigerians that crime does not pay and anybody who engages in crime, no matter his status, must be brought to justice.
The time has come for anti-graft agencies to do a thorough investigation so that the prosecution of criminals will be accomplished. Judges must do their jobs, shun corruption and restore the dignity of the past. Lawyers must change their infamous ways of exploiting the technicalities in the legal system to shield their clients from justice.
Leadership

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