Osigwe: Judiciary Perceived as Market Place Where Justice Goes to Highest Bidder 

–         Seeks urgent reforms

Alex Enumah in Abuja

The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has raised concerns about the declining image of the judiciary in the country, warning the perceptions held by members of the public is not only a threat to democracy but the entire country.

Citing reports the NBA president lamented that judges and lawyers have been indicted as the most corrupt Nigerians, who are influenced by the “fatness of envelopes” in the pursuit of justice rather than on evidence.

Osigwe made the claims while speaking over the weekend in Enugu, at the Ralph Opara Memorial Lecture organised by the National Association of Seadogs.

The lecture was themed: “Judicial Corruption in Nigeria: A Menace to Democracy and Social Justice”.

According to the senior lawyer, the state of the judiciary is a “moral crisis and a democratic emergency” that threatens the foundation of Nigeria.

He said that, “The judiciary, once revered as the last hope of the common man, is increasingly perceived as a marketplace where justice is auctioned to the highest bidder”.

The NBA president further lamented that widespread disillusionment had emerged as citizens now viewed courtrooms as arenas where rulings were influenced by bribes rather than evidence.

Citing data, Osigwe noted that a 2024 survey by the UNODC and the National Bureau of Statistics showed that public officials received approximately N721 billion in cash bribes in 2023, with judges among the top recipients.

An ICPC survey also indicated that N9.4 billion in bribes flowed through the justice sector between 2018 and 2020, with lawyers and litigants identified as primary bribe-givers.

“The rot in our judiciary has decimated public trust,” Osigwe said, pointing out that Transparency International’s 2024 Corruption Perceptions Index ranked Nigeria 140th out of 180 countries.

He warned that a compromised justice system allows the wealthy and powerful to escape accountability while the poor bear the brunt.

Highlighting international repercussions, Osigwe cited cases like Okpabi v Royal Dutch Shell, where Niger Delta communities sued in UK courts due to lack of effective justice at home, and the P&ID arbitration saga, where a multi-billion-dollar award against Nigeria was only overturned in London after fraud was proven.

“These cases represent a global vote of no confidence in Nigeria’s legal system,” he said.

To tackle judicial corruption, Osigwe called for radical reforms, including merit-based judicial appointments, the creation of state-level judicial academies, and removing the Chief Justice of Nigeria from chairing the National Judicial Council to prevent power concentration.

He also advocated automated case assignments, mandatory suspension of judges under investigation, and full implementation of judicial financial autonomy.

“The fight against corruption is a collective responsibility of the Bar, the Bench, and the citizenry,” Osigwe said, urging religious and traditional institutions to stop honoring individuals with questionable wealth.

“History will judge us not by our eloquence, but by our willingness to act. The temple of justice must be cleansed to ensure the rule of law prevails over the rule of money.”

He said that the survival of Nigeria’s democracy hinged on an incorruptible judiciary capable of commanding both local and international respect.