(Baba Lawan)
November 5, 2024
Advocates, Lagos
In our contemporary world, corruption has become a global issue that impacts all facets of society, undermining the rule of law and the effective administration of justice. Nigeria is not immune to this trend; corruption has had devastating effects on its legal system, resulting in a weakened judiciary and law enforcement agencies, fostering a culture of impunity for the affluent and powerful.
The stability and prosperity of any society hinge on the rule of law and effective administration of justice, which ensure accountability of government officials and protection of citizens from abuse. Furthermore, the fair and timely resolution of disputes and prosecution of criminals are critical components of effective justice administration. Corruption subverts these core principles, eroding public trust in government institutions and the legal system.
Firstly, Nigeria ranked 150 out of 180 countries in Transparency International's 2022 Corruption Perceptions Index, placing it in the bottom 20 percent of surveyed countries. This ranking highlights how deeply systemic and embedded corruption is in the country, posing a severe developmental challenge.
Secondly, to address the rampant growth of corruption, the Nigerian government has implemented several acts and laws and established dedicated bodies to combat corrupt practices over time. Some of the laws enacted include:
The Constitution of the Federal Republic of Nigeria 1999 (as amended)
Money Laundering (Prevention and Prohibition) Act, 2022
Economic and Financial Crimes Commission (Establishment) Act, 2004
Corrupt Practices and Other Related Offences Act, 2000
Criminal Code Act
Penal Code
Institutions established to combat corruption in Nigeria include:
a) The National Assembly
b) The judiciary
c) Economic and Financial Crimes Commission (EFCC)
d) Independent Corrupt Practices and Other Related Offences Commission (ICPC)
e) Code of Conduct Bureau and Code of Conduct Tribunal
f) Police and other security agencies
Notably, the Constitution is the primary legal authority against corruption in Nigeria, setting forth the principles of the rule of law and justice. It guarantees the right to a fair trial and access to justice.
International Treaties/Programs Against Corruption
Article 11 of the United Nations Convention against Corruption underscores the judiciary’s crucial role in fighting corruption. It emphasizes that all judiciaries must act with integrity to combat corruption effectively. This article also provides multiple guidelines for fighting and preventing corruption in states.
Additionally, the United Nations Office on Drugs and Crime’s global program created the Global Judicial Integrity Network in 2016 to promote best practices regarding judicial integrity and the prevention of corruption.
Rule of Law Principles in Nigeria
The rule of law is based on the notion that law holds ultimate power over state actions and governs individual conduct. This principle is reflected in the decision of the Supreme Court of Nigeria in Governor of Lagos State v. Ojukwu, where the Court held that the Nigerian Constitution is founded on the rule of law, stipulating that everything must be done according to law. The Court specifically stated:
“The Nigerian constitution is founded on the rule of law, the primary meaning of which is that everything must be done according to the law. It also means that government should operate within a framework of recognized rules and principles, which limit discretionary power—the ‘Golden and straight wet wand of law’ as opposed to the ‘uncertain and crooked cord of discretion.’”
The Court further noted that the rule of law presupposes:
1. That the state is subject to law.
2. That the judiciary is a necessary agency of the rule of law.
3. That the government should respect citizens' rights under the rule of law.
4. That the judiciary, by rule of law and by the constitution, is responsible for resolving all actions and proceedings related to disputes between persons or between the government and individuals.
The rule of law is, therefore, a fundamental principle requiring government officials to act within legal bounds, promoting fairness, justice, and equality. In Nigeria, this principle is enshrined in the Constitution, the supreme law of the land.
Impact of Corruption on the Rule of Law
Despite these well-established principles, corruption has significantly impacted the rule of law in Nigeria. Corruption undermines the principle of equality before the law, as individuals with wealth and influence can escape prosecution. It also weakens the judiciary and other law enforcement agencies, making them vulnerable to manipulation or bribery.
Impact of Corruption on the Administration of Justice
Corruption within the justice system undermines its core values of fairness, equity, and impartiality. When judges and court officials are compromised, justice is perverted, resulting in wrongful convictions and acquittals of guilty parties.
Corruption also creates an unequal justice system where the rich and powerful influence outcomes in their favor, bribing judges and prosecutors to steer cases to their advantage. This fosters a sense of impunity among the elite, leading them to believe they can escape accountability due to their financial resources.
Corruption further affects the prosecutorial process. A prosecutor in charge may be bribed, resulting in a failure to pursue justice effectively, shielding individuals who should face legal consequences. Additionally, administrative corruption can affect case allocations, with court officials assigning cases to judges perceived as sympathetic to one side.
The corruption cycle spans from investigation to prosecution to adjudication, with judges sometimes being compromised. Even the enforcement of judgments can be tainted, with bailiffs accepting bribes or failing to execute their duties fully. A major discouragement for citizens in seeking justice occurs when the state, through its security agencies, uses impunity to prevent the enforcement of judgments against it. This is due to these agencies being under Federal Government control as stipulated in the Constitution.
These systemic failures have led to a loss of public trust in the justice system. When the public perceives the justice system as corrupt, they lose faith in it, undermining the rule of law. This often leads people to resort to self-help, making the rule of law seem meaningless.
Corruption has profoundly impacted the rule of law and the effective administration of justice in Nigeria. It undermines the principle of equality before the law and weakens the judiciary and other law enforcement agencies. Although Nigeria has established anti-corruption agencies to combat corruption, concerns persist regarding their impartiality and effectiveness. It is essential for legal authorities to continue upholding the rule of law and strengthening the administration of justice in Nigeria.
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