Informing on the Court
Corruption in the judicial sector takes different form; bribing a judge to overturn judgment against the weight of evidence, bribing a prosecutor to drop charges against accused persons, or stall the proceedings, court registrars conspiring with litigants to frustrate court proceedings, etc.
The focus of our discussion is the aspect of corruption where officers of the court, inform on the court to pervert the course of justice.
Take for instance, a judgment creditor intends to execute judgment against the judgment debtor, files for an order to attach movable properties, and same is granted, after carrying out the necessary procedure, securing the services of policemen, and moves to execute, then out of the blues, the judgment debtor gets wind of the preparation of an execution that is about to be levied on him, and escapes before court officials and police officers arrive.
In another situation, an accused was standing trial in a magistrate’s court, while on bail for the same offence at the state high court. On appearing before the magistrate’s court, the state high court sends word that the accused’s bail be revoked and detained, before court officials will act on this information; the accused got wind of the information and fled the court premises before police officers could apprehend him.
In the above scenarios, the question that comes to bear is how litigants got hold of information reserved for court use, and act on the information before the court swings into action? The circumstances surrounding the scenarios above show that such confidential information can only emanate from officers of the court privy to same, and inform the litigants for ‘brown envelopes’.
This form of corruption might look trivial and insignificant to those engaged in it, but the consequences of such act is far-reaching in the course of justice. In the Nigerian legal system, judgments are delivered after a number of years only for its execution to be scuttled by an informant working for the court, likewise a runaway accused standing trial who escapes the wrath of the law, leaving the complainants distraught and unhappy with the justice system.
We find in some jurisdictions notorious litigants, known by court registrars, clerks, and bailiffs because of the number of suits against such litigants in different courts. How such litigant is able to evade justice for number of years and still walks around the court house confidently amazes the writer, and speaks volume of our justice system.
Little things they say matter, focus of the public and media on corruption in the Nigerian judicial sector is concentrated on bribing of judges, and justices, brushing aside the little acts of omission of court staff (non-lawyers), instrumental to the smooth sail of justice that pervert the course either through ignorance or deliberately.
Apart from informing on the court, one has discovered during the course of legal practice, where a matter is adjourned to a particular date in the judges file, yet another date is erroneously fixed by the court clerks, and the matter struck out for want of diligent prosecution, only for the plaintiff to come on the day the matter is fixed for hearing in his/her diary to find out that the matter has been struck out.
Acts of this nature play a role in delaying the course of justice; one does not know how long it took counsels to get to that stage in the proceedings, only to start afresh by filing a motion to relist.
In my humble opinion, the fight against corruption in the judicial sector should not be restricted to the conduct of judges, but also, every other court staff who plays a part in the determination of a suit. It will be an effort in futility if all the judges are pious in the discharge of their duties, yet little acts or omission of court staff that perverts the course of justice are still in play in the judicial sector.
To restore public confidence in the judicial sector, all hands ought to be on deck to discourage acts or omission that destabilize the smooth sail of court proceedings. Godspeed! Do send your comment{s}, observation{s} and recommendation{s} to danielbulusson@gmail.com or like us on www.facebook.com/ younglawyerscolumn
It will be an effort in futility if all the judges are pious in the discharge of their duties, yet little acts or omission of court staff that perverts the course of justice are still in play in the judicial sector