Prescriptive strategies to combat corruption within the administration of justice sector in Nigeria
| Date | 03 January 2017 |
| Published date | 03 January 2017 |
| DOI | https://doi.org/10.1108/JMLC-09-2015-0042 |
| Pages | 35-51 |
| Author | Gbenga Oduntan |
| Subject Matter | Accounting & Finance,Financial risk/company failure,Financial compliance/regulation,Financial crime |
Prescriptive strategies to
combat corruption within the
administration of justice
sector in Nigeria
Gbenga Oduntan
Kent Law School, University of Kent, Canterbury, UK
Abstract
Purpose –A new republic has just begun in Nigeria in 2015 with the election of two anti-corruption
crusaders as President and Vice president, respectively. Although very few empirical studies exist on the
subject of corruption within the justice system in Nigeria the intolerable popular impression is that the
machinery of justice in Nigeria is quite notoriously corrupt. The aim of this paper is to identify strategies
and mechanisms that will enhance the professionalism, effectiveness, integrity, accountability and
transparency of the organisations within Nigeria’s administration of justice system both at the federal
and state levels including Ministries of Justice, the Police, the Prison Service, immigration, customs and
even the Bar.
Design/methodology/approach –Literature research is used to examine the problem. The author looks
at corruption in the context of Nigerian laws. He tabulates the offences within the scope of the prohibition
against corruption in Nigeria, as well as the incidences of corruption within the various sections of the criminal
justice system. The prescriptive recommendations are divided into short-, medium- and long-term measures.
Findings –That corruption is actually prevalent in all areas of the Nigerian justice system. It is crucial that
an impression must be made by the new administration in this area within a very short frame of time to arrest
the situation and to reverse the damage caused so far.
Research limitations/implications –Word limit has not enabled us to go into deeper analysis. Lack
of objective studies done from within the Nigeria justice sector itself on the manifestation of corruption.
Originality/value –Very original analysis based on unique insight into the issue as academics, lawyers
and practitioners within Nigerian anticorruption institutions.
Keywords Anticorruption, Justice system
Paper type Research paper
1. Introduction and background information
Nigeria with an estimated 160 million people is Africa’s most populous country, is oil-rich but
has been hobbled since its independence by political instability, corruption, inadequate
infrastructure and poor macroeconomic management. A new republic has just begun in the
country in 2015 with the election of two anti-corruption crusaders as President and Vice
president, respectively. Although very few empirical studies exist on the subject of
corruption within the justice system in Nigeria, the intolerable popular impression is that the
machinery of justice in Nigeria is quite notoriously corrupt. Previous studies focusing
The author acknowledges the support and collaboration of Juliet Ibekaku in the writing of this article.
The article has arisen out collaborative research and several meetings conducted under the the Policy
Dialogue retreat for incoming elected government in Nigeria Wed 20th to Thursday 21st May 2015 at
the Human Rights Commission and Transcorp Hilton in Abuja.
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1368-5201.htm
Prescriptive
strategies to
combat
corruption
35
Journalof Money Laundering
Control
Vol.20 No. 1, 2017
pp.35-51
©Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-09-2015-0042
specically on judicial corruption in Africa have placed Nigeria within a middle-ranking
position, whereupon it is seen as better than Kenya and the United Republic of Tanzania, but
worse than Botswana, Ghana and Senegal[1].
The aim of this paper is to identify strategies and mechanisms that will enhance the
professionalism, effectiveness, integrity, accountability and transparency of the
organisations within Nigeria’s administration of justice system Judiciary both at the federal
and state levels including Ministries of Justice, the Police, the Prison Service, immigration,
customs and even the Bar among others.
1.1 Corruption in the context of Nigerian laws
Corruption in my view encompasses the “the misuse of entrusted power for private gain” by
various means including bribery, money laundering, abuse of power, embezzlement and
abuse of process[2]. The offence of corruption under Nigerian law specically refers to
infringements prohibited under pertinent national laws such as the ICPC Act (Section 8-26)
and economic and nancial crime under the purview of the EFCC Act (Section 6 (b) and
14-18)[3] Corruption as it affects the administration of justice includes all the aforesaid but is
not limited to it as various acts and forms of abuse of ofce and abuse of process may well be
located within the meaning of corruption in Nigeria (Table I).
1.2 The administration of justice sector in Nigeria
The administration of justice sector in Nigeria is made up of several organisations and
agencies both at the federal and state levels that are responsible for the administration of
justice and maintaining law and order. They share responsibility for the smooth and safe
running of the country by regulating and maintaining peace, detecting and stopping crime,
dealing with offenders and overseeing the security of the state. For the purposes of my
submission, Nigeria’s administration of justice sector includes institutions within the
purview of the Ministry of Justice, paramilitary organisations, law enforcement institutions,
anti-corruption agencies, professional bodies, the military, intelligence services, judicial and
quasi-judicial bodies (Tables II-IV).
1.3 Causes of corruption in the judiciary
The perception now is that judgments are purchasable and judges have no integrity. They all have
their prizes in cash, and in fact, there are some lawyers whose special function are to be the
middlemen between litigants, who want to buy justice and judges […] (Sagay, in Nigerian Pilot,
August 1, 2011) (Ayodeji and Odukoya, 2014).
The Nigerian judiciary therefore is facing a crisis of legitimacy as a result of the increasing
perception of corrupt practices aficting all levels of the judiciary ranging from the juvenile
courts systems, the magistracy up to the highest echelons of courts. As mentioned earlier,
empirical studies on the issue of judicial corruption are by the nature of things very difcult
to come by. Yet, the weight of anecdotal evidence and indeed disciplinary history within the
justice sector is indicative of a deep problem[4]. The importance of a frontal and determined
attack on this growing problem is manifest. An important study carried out by the UNDOC
in 2006 came to certain key ndings about the causes of corruption in the judiciary (among
other justice sector organisations) which are still very relevant to any examination of the
problem currently.
JMLC
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