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Seventy percent of
Nigerians believe that the country’s judiciary is corrupt, says a
survey released by a group, Socio-Economic Rights and Accountability
Project (SERAP).

The survey is part
of a report titled “14-Point Programme for Promoting Ethics and
Integrity at the Magistrates’ Courts” released recently.

The report, written by SERAP consultant, Modupe Atoki, also had the backing of the Royal Netherlands Embassy.

Speaking during the
launch of the report last Thursday, Adetokunbo Mumuni, the Executive
Director of SERAP said that “our research reveals that the absence of a
national action plan and policy to comprehensively address corruption
and the impunity of perpetrators is a major contributory factor for the
prevalence of judicial corruption in Nigeria”.

While pointing out
that corruption in the judiciary is not limited to magistrate courts,
the report said that the magistrate court was made the focus “given the
important role it plays in the administration of justice in the
country.”

The report said the
magistrate court “is the first point of call for all minor offences and
for all minor civil matters. Except offences that attract capital
punishment like murder, most of the offences created in our penal laws
are handled by the magistrate courts”.

It further stated
that “Over 80 percent of criminal cases end up before the magistrate
courts. Statistics show that in Lagos State magistrates have up to 1000
cases in their docket.” It identified the lack of judicial independence
and accountability as the major cause of corruption in the magistrate
courts.

It further stated
that corruption in the judiciary also stems from “undue influence from
the executive and legislative branch of government, low remuneration
and poor condition of service, the administrative nature of the roles
of judges [magistrates] which gives far reaching discretionary powers
but weak monitoring of the execution of those powers, lack of
transparency and the absence of computerised, comprehensive and
regularly updated database and backlog of cases which further worsen
the effects of corruption in the judiciary”.

The report revealed that support staff of court were identified as the arrow heads of corruption.

Ways of promoting judicial integrity

In order to
establish integrity in the magistrate court, the report recommended,
the security of tenure of magistrates through transparent appointment,
promotion and discipline regime; the advancement of professionalism,
continuing education and training of magistrate and support staff; and
ensuring sufficient transparency to command public confidence.