Cash-and-Carry Judgments: SANs Split Over Allegations Against Judges

A recent allegation by the President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, that many court judgments are influenced by the fatness of envelopes rather than the evidence, has continued to generate varied reactions within judicial circles.

The NBA President stirred the hornet’s nest last Friday when he labeled judges and lawyers the worst bribe-takers, even as he made a case for holistic judicial reforms.

Speaking at the Ralph Opara Memorial Lecture organized by the National Association of Sea Dogs in Enugu, themed “Judicial Corruption in Nigeria: A Menace to Democracy and Social Justice”, Osigwe, SAN, described the rot in the judiciary as a “moral crisis and a democratic emergency” that threatens the foundation of the country.

“The judiciary, once revered as the last hope of the common man, is increasingly perceived as a marketplace where justice is auctioned to the highest bidder,” Osigwe added, insisting that citizens now view courtrooms as arenas where rulings are influenced by bribes rather than evidence.

To further fortify his claim, the NBA President cited a 2024 survey by the UNODC and the National Bureau of Statistics (NBA) which revealed that public officials received approximately N721 billion in cash bribes in 2023, with judges among the top recipients.

He equally noted that a survey by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) indicated that N9.4 billion in bribes flowed through the justice sector between 2018 and 2020, with lawyers and litigants identified as primary bribe-givers.

“History will judge us not by our eloquence, but by our willingness to act. The temple of justice must be cleansed to ensure the rule of law prevails over the rule of money,” Osigwe, SAN, stated.

Meanwhile, reacting to Osigwe’s claim, a Life Bencher and former Chairman of the Benchers Mentoring Committee, Chief Joe-Kyari Gadzama, SAN, maintained that levelling such a damning allegation against the judiciary was not enough. He called for details and names of the corrupt judicial officers.

In an interview, Chief Gadzama, SAN, said: “There is nothing wrong with the President of the Bar accusing the Judiciary of being very corrupt provided he goes further to, among other things, simultaneously: Give the details of the corrupt transactions; Mention the names of the corrupt judicial officers as well as their accomplices; and Takes practical steps to see to the investigation and eventual prosecution of the said judicial officers.

“Anything short of the above is not only spurious but damaging to the hard earned reputation of the innocent & hardworking ones among the various judicial officers in the country.”

Another renowned lawyer, Mr. Kunle Edun, SAN, argued that the judiciary is not insulated from corruption which has permeated various sectors of the country.

He said: “We must be frank with ourselves. The issue of corruption is a systemic problem and has eaten so deep into every facet of our national life, particularly in the area of governance and administration.

“The Judiciary is not excluded. The reason that of the judiciary is so painful is that it is the judiciary that actually holds this country together. Every person and institution relies on the judiciary to tender justice, which is correct.

“When justice is gradually becoming rationed on the basis of tribal politics, religious inclination, political affiliations and other considerations which have nothing to do with the justice of a matter in Court, the nation’s gradual descent into extinction begins.

“The few bad eggs in the judiciary and their cohorts in the legal profession, including some senior lawyers alleged to be acting as couriers for some jurists are mistakes in the profession.

“At the Dinner of the Body of Senior Advocates of Nigeria held in Lagos at the weekend to celebrate the 50th anniversary of BOSAN, the Honourable the Chief Justice of Nigeria, Hon.Justice Kudirat Kekere-Ekun admonished senior lawyers to act as moral role model and help position the legal profession to be the moral conscience of the society.

“There was a consensus that something must be done to stem the increasing tide of corruption amongst Judges and lawyers. The level of unethical practices stinks.It has been suggested and i agree, that we have to look at the recruitment process again.

“Appointment to the bench ought to be on the basis of merit and merit alone. We must not negotiate merit of this country must move forward.

“After 65 years of independence, we are still talking about bending the rules to accommodate others and in the process compromise.

“What we now find now is that by virtue of the quota system consideration, other factors creep in, other than merit.It baffles me why a State or zone that is alloted slots to fill, instead of producung the best from that State or Zone, wherever they can be found; the State does otherwise.

“If the recruitment process is highly politicised and one would always require connection to get there, the evenual outcome would be predictable because the foundation is already compromised.”

Likewise, another SAN, Mr. Ken Ahia, SAN, argued that the NBA President’s generalisation did not fairly reflect the realities of the system.

“Corruption has, regrettably, become a widespread challenge in our national life and affects many sectors of society. The judiciary, being part of that larger society, cannot be said to be entirely immune, and it would be unrealistic to suggest otherwise.

“That said, I do not agree with the sweeping assertion that judicial decisions are generally determined by the ‘fatness of envelopes.’

“Such a generalisation does not fairly reflect the realities of the system and fails to acknowledge the many judges who are diligent, conscientious, and who would not compromise their oath of office for any form of inducement.

“Concerns about the quality of judicial output should therefore be approached with balance and care. In many cases, judgments perceived as unsatisfactory arise from the pressure of heavy caseloads, which often limits the time available for thorough review of case files.

“In some instances, lack of industry may also affect the quality of the output. Not every poor judgment is the product of corruption; many result from inadequate engagement with the facts and materials before the court rather than from any improper influence.

“On election petition matters, I would refrain from making specific comments, given their peculiar nature and the sensitivities that attend them.

“Overall, while issues of integrity and accountability must continue to be addressed, public discourse on the judiciary should remain measured, evidence-based, and focused on strengthening the system rather than undermining public confidence in it,” he added.

For Mr. Lamilekan Bakre, an Abuja-based senior lawyer: “The judiciary, the world over, is peopled by persons of diverse backgrounds and idiosyncrasies. Making a sweeping statement against the whole judicature as an institution is a fallacy of hasty generalisation and unfair to the upright jurists. There are still judges that will rather lose their position than desecrate the judiciary.”

However a human rights lawyer, Mr. Maxwell Opara, threw his weight behind the NBA President, even as he identified himself as a victim of the rot in the judiciary.

He said: “It is true. The problem the people are having now are judiciary and judges because the politicans know that before they will do anything, it is a judge that will give them an order for remand.

“They know that whatever the judge says stands. So when they cannot arrest you, they would just get one frivolously stupid charge against you. Most times, these judges would know that the case is purely a calculated attempt to intimidate this person, yet they continue to sit on it.

“Just like my own personal experience, I had to write a petition against the judge. Even when the judge told someone that he wants to deal with me- a judge that was presiding over a matter the federal government filed against me. I wrote a letter asking him to disqualify himself but he refused.

“I wrote to the CJ, he still refused. I then filed a motion asking for his recusal because it was evident that he was taking sides, he still refused. Even the person he told that he would deal with him, went ahead and deposed an affidavit to state that this is what this judge told him, yet the judge still refused to hands off the case. Rather, he awarded cost against me.

“A lot of things happened in that matter to the extent that I had to write a petition to the NJC.

“So, some judges are corrupt! Some are swayed by fat envelopes while others go along with hatred they have for someone, which is not supposed to be so.

“The earlier we condemn it, the better for all of us. If I give you a copy of rulings in that case, you will see for yourself that this person that wrote the rulings did not do so in line with provisions of the law, but based on his own personal interest.”

For constitutional rights activist and author Chief Nkereuwem Udofia Akpan, despite the rate of corruption on the bench, there are still many forthright judges.

“Let me put this on record without fear of contradiction, I think we all agree that when it comes to the issue of corruption , nobody is immune and no MDA or section of the country is spared this ugly monolithic octopus with multiple fingers .

“In the case lf our Justice delivery system, it may be true that there are one or two judicial officers who are ready to betray their judicial oath for a pot of pudding, but trust me when I say that these set of unscrupulous elements are in the minority while the bulk of our Judges, Justices and Khadis are doing a terrific job and deserve to be commended.

“If you are following the trend in the news for about 5 years now, you’ll see that the NJC has disciplined judges and justices through dismissals, warnings, and suspensions, frequently and routinely. Nobody is saying that our judges, khadis and justices are saints but what I always frown against is branding all of them as corrupt.

“If the report states that NBA President Mazi Afam Osigwe acknowledged corruption in the judiciary, that’s possible. But to say he singled out judges and justices for the guillotine, I politely but strongly disagree,” Chief Akpan added.