Corruption in the Nigeria Judicial System: An Overview

Date02 July 2018
DOIhttps://doi.org/10.1108/JFC-01-2017-0005
Published date02 July 2018
Pages669-680
AuthorHabeeb Abdulrauf Salihu,Hossein Gholami
Subject MatterAccounting & Finance,Financial risk/company failure,Financial crime
Corruption in the Nigeria Judicial
System: An Overview
Habeeb Abdulrauf Salihu and Hossein Gholami
Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran
Abstract
Purpose The purpose of this study is to examine corruption in the Nigeria judicial system, the
implications on justice administration and the ght against corruption in the country, and proffer
recommendationson ways to eradicate corruption in the system.
Design/methodology/approach This paper is essentiallya desk research with reliance on secondary
source ofdata in published outlets such as journal articles,online articles and books.
Findings There is prevalenceof corruption in the judicialsystem, and it is one the obstacles hindering the
ght againstcorruption in the country.
Originality/value Its scope is limitedto issue and content analysis of judicial corruptionin Nigeria.
Keywords Corruption, Judicial corruption, Nigeria judiciary, Bribery
Paper type General review
Introduction
The principle of rule of law providesfor the equality for all citizens of a nation regardless of
age, status, religion, and ethnicity. The legal system, therefore, plays a very critical role in
the maintenance of law and order to ensure peace, justice and development. To maintain
peace and justice adequately, the judicial arm of government is charged with the
responsibility of defending and upholding the rule of law and the entire structure and
institutions thatform or make up the legal system (George, 2005).
Thus, the fundamental role of the judiciary (through the court) is to uphold the
constitution and protect the constitutional rights of every single individual of a nation by
integrating, constructing and applying laws in resolving disputes and checkmating any
transgresses (Transparency International, 2009). Lobo (2012) noted that the judiciary is the
ultimate interpreter of constitution and is also an institution that clearly denes the scope
and limit of powers of otherarms of government. Bayır (2013) also noted that the judiciary is
the last hope of a common man because it is an institution that guarantees equal access to
justice. Onyekachi (2012) also observedthat the judiciary plays an unquantiable role in the
administration of justice, decides the outcomes of elections if challenged by defeated and
aggrieved candidates, determines the legality of variouskinds of behaviour referred to it by
litigants, plays an active role in impeachment proceedings and actively participates in
corruption investigationand prosecution.
However, these roles and functions performed by the judiciary in Nigeria have been a
subject of debate and questioning due to the widespread of allegation of bribery and
corruption among the juries and other court ofcials in the recent past years. The recent
clamp-down on the judiciary leading to the arrest anddismissal of some justices opened up
the pervasive level of bribery and corruption within the system (Bazuaye and Oriakhogba,
2016). The institution of the judiciary, as many had described is the holiest amongst all;
however, reports have revealed that like other sectors in the country, corruption has eaten
Nigeria
judicial system
669
Journalof Financial Crime
Vol.25 No. 3, 2018
pp. 669-680
© Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-01-2017-0005
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1359-0790.htm

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