The clampdown on corruption

“… We viewed these actions as illegal and unconstitutional and a threat to the independence of the judiciary and the legal profession. This military style operations are totally unacceptable in a democratic society. They are unacceptable against private citizens but even more so against serving justices of superior courts…”

- A.B Mahmoud (SAN) President of the Nigerian Bar Association (address at the valedictory court session in honour of his lordship, the Honourable Suleiman Galadima)

The news media is agog with the recent arrest of judges and justices of superior court of record. The series of attacks carried on these guardians of the law have sparked many reactions, from non-professionals to differing views of learned friends.

One school of thought in support of the clampdown says if corruption is indeed in the

judicial system, then the judges are not above the law and should be arrested, just as the secret police have done.

Another school of thought prefers that the right procedures be followed in curbing the menace called corruption. This school agrees that corruption should be stamped out of our beloved country, but that due process be followed in achieving it.

In the words of Professor Adamu Usman on the dangers of half education, “… half educated lawyers who know only the raw principles of the rule of law and separation of powers, but do not know how these principles are cooked or redefined by second principles of circumstances and the spirit of law to make them work for society are dangerous to themselves as to the society.”

Festus Okoye Esq, a human rights activist and internationally recognised election observer, on his back page column with New Telegraph, in a piece titled the ‘Mob and poisoned chalice’, opined that “… there are fascists within the fold of the legal profession… these classes of persons remain in the legal profession with no iota of fidelity to its core tenets and ideals. Some of them think and act like military dictators and the concept of rule of law and due process makes little or no meaning to them… to some of these emergency legal practitioners, persons suspected of penal infringement must be presumed guilty until proven innocent.”

Irrespective of the divergent views, a common ground seems to be established; firstly, we need to fight against corruption; secondly, in doing so we must apply the principles of rule of law, and separation of powers. The conflict however arises in the application of these principles.

Sadly, in recent times, corruption cases are first filed in the public opinion court where verdict is guilty until proven innocent, unlike the competent courts of law where verdict is innocent until proven guilty. This has created a pattern where Nigerians rush to conclusions, pass judgments, and make hasty decisions without first listening to the other party, or considering the evidence.

The courts of the land do not operate that way, if do, then the democracy we celebrate today, that brought about change in the country, would have long being in turmoil. It is obvious that the good, loving people of Nigeria want corruption to end. It is also not far from the truth to say that the Nigerian judiciary is not immune to this disease of corruption.

Having said the above, to clamp down on corruption in its entirety, the modus operandi employed by the government must indeed be in accordance with the twin pillars of democracy i.e rule of law, and separation of powers. No one is saying it should not investigate superior judicial officers, or bring them to face the wrath of the law, rather to do the right thing in bringing the individuals to face justice.

No one is above the law, and this cuts across the three arms of government. If the judges are not above the law to be subject to investigation and arrest, the executive is also not above the law in the exercise of same.

It is bad precedent for the country to exercise these principles of law, the basis of our Democracy, based on bias or sentiments. We ought to consider the outcome of today’s action on tomorrow; we must do things properly if we truly want change to begin with us.

Godspeed!

Do send your comment{s}, observation{s} and recommendation{s} to danielbulusson@gmail.com or like us on www.facebook.com/ younglaywerscolumn