By Douglass Anele
A window into the bizarre and dysfunctional state of justice in Nigeria reveals that some judges use silly legal technicalities to protect Very Important Criminals (VICs),particularly those that occupied (or are occupying) top political positions nationwide.

For example, of the “over 1000 convictions” which chairperson of the EFCC, Farida Waziri, claimed that that the anti-corruption body had secured in the last two years, only a tiny fraction of those involve VICs. All the others pertain to corrupt business deals in the private sector, particularly advance fee fraud popularly called 419 in Nigeria.

To demonstrate how low Nigerian judiciary has sunk in the sewage pit of immorality, irrationality and corruption, Tell Magazine of June 28, 2010, reported the following: Olabode George, a sacred cow, was merely given two years imprisonment for N10b graft, whereas Lucky Igbinedion, another sacred cow, was “patted on the back” by a “learned judge” with a paltry fine of N3m for allegedly stealing N4.3b, but Christopher Chukwu, “a political no-body,” was jailed for 13 years because he impersonated and stole N1.5m only.

Megwue Joseph got three years for forgery and stealing of share certificates worth N600, 000. Ajani Ajawesola and Adewale Alexander will be in prison for 24 years each because they obtained N5m under false pretences. This is utterly shameful, because it is obvious that there are two sets of laws operating side-by-side in Nigeria – one for bigmen and thick madams, which ensures that they virtually get away with elephantine criminality, the other for ordinary Nigerians, which makes it imperative that they face the full weight of the law.

I know that there are fearless judges, men and women of integrity who cannot be intimidated or bought. But their number is diminishing as time inexorably marches on. It is very disappointing that only few judges and senior lawyers are speaking out against the anomalies and abominations going on int the judiciary presently. Eso cited Afe Babalola, who alleged that through cash-and-carry or agbata ekee judgments in electoral tribunals, some judges have become overnight millionaires and billionaires.

However, the rot in the judiciary did not start today, although now it has reached epidemic proportions. Moreover, it is not only judges that are corrupt: junior and senior lawyers (SANs) and judiciary workers are also involved. It is an open secret that some Attorneys-General parading highfalutin academic and professional titles serve as conduit pipes or messengers of corruption from their state governors to unscrupulous judges. In my view, the National Judicial Council (NJC) has not done enough to check corruption in the judiciary.

For instance, nothing stops it from periodic review of the conduct of judges who give ridiculously mild punishments to VICs and deal with them severely. As I stated earlier, from the judgments cited above, it is evident that Nigerian judges are unwilling to fight corruption where it matters most, that is, the topmost echelons of political and economic power.

What about the Nigerian Bar Association, what has it done to deal with its members that routinely exploit the loopholes in the criminal justice system to subvert the course of justice? I believe that some lawyers are genuinely concerned about the disgraceful conduct of some of its members, particularly those handling high profile cases.

Nevertheless, the association is yet to act decisively to confront the rotten eggs among its ranks.

Some lawyers seek cheap publicity in the media by creating a false impression of being activists fighting against corruption as a matter of principle. Behind the scenes, however, they collect briefs from those they were lambasting publicly in the media.

It will be quite revealing if a investigative were to compile a list of high profile cases in the country and the lawyers that are handling them. Such a list, I am sure, will contain the name of “activists” that have been using legal shenanigans to protect VICs. What is the solution to the shambolic state of affairs in the judiciary? Justice Eso has made some recommendations which deserve serious consideration.

He suggested that the judicial system should be strengthened so that erring judges, especially the unscrupulous ones can be severely dealt with. In addition, there should be strict adherence to the time-line stipulated for injunctions. This implies that the NJC and MBA must monitor strictly the activities of judges and lawyers respectively: those found wanting should be dealt with decisively.

I propose that well-meaning lawyers should liaise with civil society groups to organize peaceful protests against judges known to be “soft” on sacred cows. The option of lawyers boycotting courts presided by such judges should be explored.

There should be ethical rearmament of the judiciary in Nigeria. Respected jurists such Chukwudifu Oputa, Kayode Eso, Ben Nwabueze etc can help to sanitise the system by speaking out against corruption and lending their support to effective reform of the criminal justice system.

It is a national disgrace and embarrassment that those manning the temple of justice have shamelessly failed in their sacred duty to provide justice for all because of greed. Such judges should be dismissed promptly to rescue the judiciary from self-destruction. The war against corruption is too important to be entrusted in the hands of scoundrels in gowns and wigs! Concluded.