‘Way out of the mess in the
Justice Isa Ayo Salami (retd) was the President of the Court of Appeal. In a paper delivered at the 2015 annual lecture of the Nigerian National Merit Award, titled: ‘ Corruption Eradication and the Nigerian Ethical Revolution’ , Salami spoke about his controversial retirement from the Bench under Chief Justice Aloma Mariam Mukhtar, saying the incumbent CJN, Justice Mahmud Mohammed, played a role in the episode.
The former appellate court President explained why corruption thrives in the Nigerian judiciary while stating that the rules make it easy for the Chief Justice of Nigeria (CJN) to manipulate the National Judicial Council (NJC) in disciplining judges accused of corruption.
The former jurist spoke ahead of the action of the Department of State Security (DSS) against seven judges accused of corruption and the new rules put in place by the NJC to tackle corruption in the judiciary.
The new rules bar judges from accepting gifts while the aspect that speaks about discontinuing investigation into petitions against judges ,if the petitions are leaked to the media, is generating controversy. Extracts from Salami’s paper:
THE PROBLEM WITH THE JUDICIARY
The problem with the Nigerian judiciary is that some dishonourable people not cut out to be judges got into the system and, after that, made it to the highest level of their judicial careers. Another major factor the problem has festered is that many Nigerians do not want the truth to be told.
Whoever dares to tell the truth is marked down for persecution. Members of the Bar often narrate horrific stories or tales of certain high-ranking judicial officers who act as couriers of bribe, but, they are never ready to come out with details.
Such a person is engaged at a fee to reach out to judges in order to influence decisions in certain sensitive cases. At times, the bribe they collect for and on behalf of such designated judges never come to their knowledge, not to talk of its being delivered to them.
It is also alleged that some legal practitioners, in addition to their legitimate fees, demand fees from their clients purportedly to influence the judge or judges handling their cases. It is the activities of these wicked legal practitioners and retired judges who can be rightly described as interlopers that have given the Nigerian judiciary a negative image.
There are, of course, honourable gentlemen in the judiciary who will not accept a farthing from anyone and who can stand up to anyone. Many of the justices and judges in Nigeria are hard working, patriotic and honest and can compare favourably with judges and justices from any of the Commonwealth countries.
However, there are many lazy, ignorant and dishonest judges in the system. It is these bad eggs that have desecrated the temple of justice, and they need to be flushed out to enable sanity return to the system.
INJUNCTIONS OF THE HOLY BOOKS ON THE ROLE OF THE JUDICIARY
Before proceeding further, I propose to set out what the Books of the two prevalent religions in the country have to say on the attributes of a judge. I am doing this on the tacit understanding that all Nigerian judges or justices are either adherents of Islam or Christianity.
There may be judges who belong to other religions, but I have not come across one. I tender my unreserved apology if my judgment is incorrect.
The Holy Bible in the book of Deuteronomy Chapter 16, verses 18--20, says;
“18 Judges and officers shalt thou make thee in all thy gates, which the Lord thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment.
“19 Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise and pervert the words of the righteous. “20 That which is altogether just shalt thou follow, that thou mayest live, and inherit the land which the Lord thy God giveth thee.”
And in the Holy Quran in Surat Nisaa Chapter IV verse 135, it was revealed to the
Holy Prophet (SAW) as follows:
“O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a Better Protector to both (than you).
So follow not the lusts (of your hearts), lest you avoid justice; and if you distort your witness or refuse to give it, verily, Allah is Ever Well--Acquainted with what you do.”
on appointment, viz;
“to do justice to all manner of people without fear or favour, affection or ill will so help me God.”
The two Holy Books, the Holy Bible and the Glorious Quran, demand from judicial officers to refrain from –
a) perverting the course of justice;
b) showing partiality;
c) accepting bribe; and
d) subverting the course of righteousness.
The things judges are required to do and those they should avoid are very clear and unambiguous. The problem, however, lies in the will, the innate ability or the conviction or conscience to avoid those that are not permissible or forbidden and to do what is right.
THE JUDICIARY NOT THE ONLY BODY TO BLAME
The issue of fighting corruption bedeviling our country cannot be solved by focusing on the judiciary alone. Corruption affects everything and everywhere in the country. There should, therefore, be a critical examination of all the facets of our national life, for instance,
redefined or re--orientated in a manner that will abhor corruption:
a.) A system or culture which appreciates politicians who obtain their wealth improperly but disparages an erudite judge or scholar a failure requires redemption.“b.)
A system which makes our children prefer appointments in customs, immigration and police to the arduous task of being a lecturer in our tertiary institutions, a doctor in our general hospitals or a state counsel in the federal or state Ministries of Justice is a system that must be defenestrated.“c.)
The mentality that makes members of the legislature to prefer appointments to certain committees of the assemblies or ministers to prefer appointments to certain ministries of government on account of the juiciness of such committees or ministries must be re--examined and discouraged.
For their consideration has never been on the ground of demonstrating the beauty of hard work or opportunity to serve the people they claim they are representing.
Corruption is the product of a failed system – educational, social, political and economic and the earlier it is tackled from the roots rather than engaging in a game of responsibility shifting, the better it would be for all of us.
FOCUS ON THE JUDICIARY
It should not be assumed that the judiciary does not have a role to play; in fact, it cannot absolve itself from blame. Just as it is not open to a doctor to reject blame for incompetence or negligence on account that the patient was careless in infecting himself with the ailment for which he is being treated, so would a judicial officer not be exculpated if he failed to perform his duty according to law and practice.
THE NATIONAL JUDICIAL COUNCIL
The National Judicial Council (NJC) is a shadow of its old--self; it seems to me that it no longer appreciates the reason or purpose for its creation. A very important part of its duties is to protect and insulate judges from the executive.
This explains why there is no representative of any other arm of government in the constitution of the Council; even the Honourable Attorney General is not made a member of the body.
However, there was a time in the recent past when a member of the National Judicial Council doubled as the Chairman of Council of Legal Education, a parastatal under the supervision of the Honourable Attorney General. This clearly was an anomaly.
Furthermore, at the time when my matter (which is well known to the public and which I have left in the hand of God for just judgment) was being considered at the National Judicial Council, the then Attorney General of the Federation was alleged to have boasted to a state governor, that he uses his telephones to direct the proceedings of the Council.
It is this body that Honourable Justice Uwais recommended that the selection of the Chairman of the Independent National Electoral Commission should be entrusted to. My Lord and the members of the Electoral Reform Committee sincerely believed that the National Judicial Council he left behind remains what it was – but it is clearly not. All the Chief Justices that served during the tenure of President Goodluck Jonathan believed that they were beholden unto him and were prepared to obey his command.
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