Judicial Corruption as a Self-Inflicted Impediment to the Independence of the Judiciary in Nigeria

Abstract

The unique role of the judiciary as the stabilizing umpire in regulating intergovernmental relations, interactions among citizens inter se and businesses, the overseeing of the observance of the rule of law in private or public dealings, conduct, among others sets it apart as an organ of government that should be comprised of men of integrity who should live above board. In Nigeria, as the case with most democratic States, the important role of this arm of government necessitated the constitutional guarantee of its independence so as to give room for unobstructed and independent performance of its duties. But despite the constitutionally guaranteed independence, there is an avalanche of reported cases of judicial corruption which cast aspersion on or erodes their capacity to determine issues independently and on their merits. This work would show that judicial corruption is an “internal interference” as against the traditionally known “external interference” in the form of executive meddling in the performance of judicial functions, skewed appointment processes, poor funding and tenure insecurity, among others. It would further show that judicial corruption is a disincentive for foreign investment, and a hindrance to social harmony and security, and economic development. This work would therefore prescribe a new functional stakeholder involvement in the appointment of judicial officers, civil awareness and the need for the strengthening the rule of law and combating corruption in the judiciary through a stiffer penalty regime.