Trajectory of Nigeria's failed judiciary

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By Aliyu Nuhu

In Nigeria our problem is not the laws,already there are existing laws that if used could deal with all crimes including violent crimes like armed robbery, kidnapping and terrorism.

But we all know the corruption in our judiciary,the court system is so embedded in corruption and ineptitude that since  military left power there had been no execution of criminals,an irony in a society as dangerous and violent as Nigeria.

The laws required governors to sign death warrants of which only Adams Oshiomhole as governor ever signed a death warrant.

The governors said they don't want blood in their hands.

But they see nothing wrong signing dubious contracts to steal funds meant for hospitals and schools thereby sending people to their graves.

In Iraq the law also required assent of a governor of a province on death warrants but the laws also provide that after 30 days execution must be carried with or without the signature of the governor.

Prerogative of mercy or otherwise by a governor lapsed after 30 days.

I expect the law makers to amend the laws and address such fundamental flaw,which they sadly failed to do.

We should by now know the structural failure of our justice system,there is endemic abuse of law from corruption to violent crimes including terrorism simply because Nigeria does not punish crimes.

The state is incapable of defending itself,a kind of failure of state of Nigeria.

Although the Nigerian constitution and law provide for an independent judiciary, the judicial branch remained susceptible to pressure from the executive and legislative branches and the business sector.

Political leaders influenced the judiciary, particularly at the state and local levels.

There is understaffing, underfunding, inefficiency, and corruption that continued to prevent the judiciary from functioning adequately.

Judges frequently failed to appear for trials, often because they were pursuing other sources of income and sometimes because of threats against them.

In addition court officials often lacked the proper equipment, training, and motivation to perform their duties, with lack of motivation primarily due to inadequate compensation. A typical magistrate court resembles village meeting centres with people squatting on wooden benches or bare floor.

During the year 2012, Supreme Court judges called for a more independent judiciary. 

The US State
Department’s description of the prevailing atmosphere in Nigeria reads-

“On August 18, the National Judicial Council (NJC) suspended the president of the Court of Appeal, Justice Ayo Isa Salami, after he refused the NJC's directive to apologise to the NJC and the chief justice of Nigeria, Justice Aloysius Katsina-Alu. Salanii had accused Katsina-Alu of interfering in the proceedings of the 2007 Sokoto State gubernatorial court case.In an attempt to settle the dispute, the NJC set up three panels to investigate the disagreement. The panels declared neither justice was at fault, declared the issue resolved, and requested that Salami apologize to the NJC and Katsina-Alu. The Nigerian Bar Association reached contrary findings, and Salami refused to apologize. After the NJC suspended Salami, President Jonathan used his constitutional authority to recommend the compulsory retirement of Salami and appointed Justice Dalhatu Adamu as acting president of the Court of Appeals. The case raised questions regarding the partisan nature and level of independence within the judiciary. Salami appealed the ruling, and the court case continued at year's end”.

Nothing rubbished the judiciary than above narration,but to compound our tragedy is the conviction of Ibori by a London court when a Nigerian judge had cleared him of all 93 count charges.

Most recently, a federal judge had jailed a pension thief who stole 32billions 2 years of 3 count charges but allowed the 6 years to run concurrently with an option of 750,000 fine.

If there had been no corruption ,the judge still using the lighter penal code could have allowed the sentence to run consecutively for entire six years without an option of fine.

I have said in the past that failure of our criminal justice system is fundamentally the root of all our problems. Impunity in government,armed robbery,corruption,election rigging are all happening because we don't punish crimes.

If there is free haven for criminals on earth,it is Nigeria. Everything goes!

However the Sharia courts were even more scandalous,last year I gave a timeline of Sharia judments that generated heated controversies, a part of them reproduced here again.

A 70 years blind man was arrested for begging but sent to prison as armed robber! He spent 2 years.

A woman Ladidi was was sentenced 12 months in prison for abusing governor Sani Yarima in public place.

Four boys were remanded in prison for taking water melon from Mada farm.

Marazu Sani was sent to prison for 2 years because he recovered his own motocycle from his younger brother who was not bringing returns.

Hamidu Hassan was sent to prison without judgement  for stealing motorcycle. The judge sentenced him by mere word of mouth!

Aliyu Musa was sentenced 5 months for stealing his uncle's sheep and given 50 canes. The judge valued the sheep at N45,000 and sold the accused's farm to pay the uncle. How a sheep cost 45,000 was baffling and the judge admitted he didn't  even see the sheep. He relied on police valuation at N60,000..

A man was sentenced to life  for having a collision with Emir Sanusi's car while riding a bicycle. The man spent 45 years and was only released by governor shekarau in 2010!

Mal Jangebe's hand was amputated for stealing a cow valued at N45000. Ten years after Zamfara state government realised its mistake and compensated him with a job as messenger!

Which way Nigeria?