Lady Justice now sees with unveiled wanton eyes delivering justice with false weights. This is the opinion of over 90% of the Nigerian public, contained in a research recently conducted by the Gavel.
What do you see outside a court building in Nigeria?
Lusticia’s ideal image, a woman with a blindfold on her wide-awake eyes, holding a sword in one hand and fair weights in the other, still looms large in all court premises in Nigeria.
Yet, the people insist that Lusticia’s essence has long left the hallowed chambers of the Nigerian courts. What remains within, on the Bench and at the Bar, are living effigies – contrived artefacts of the shadows of Justice.
The Gavel research made available exclusively to Dataphyte, assessed the prevalence of corruption in the system and presents evidence that corruption discredits the judiciary’s integrity, transparency and effectiveness in carrying out justice.
“Recently, there have been growing concerns about the Nigerian judiciary’s integrity, transparency, and effectiveness. Allegations of corruption, external pressures on judicial decision-making, and controversies surrounding high-profile cases have raised questions about the judiciary’s ability to fulfil its constitutional mandate and maintain public trust,” the report noted.
The integrity and independence of the judiciary have been linked to effectiveness in upholding the rule of law and reduction in the prevalence of impunity in a country.
For Nigeria, the Hague Institute for Innovation of Law (HiiL) showed that in a country of 210 million people, a staggering 102 million issues need to be resolved relatively and expeditiously each year.
The survey conducted by Gavel involved lawyers and judges from across 21 states. Lagos State had the highest number of participants, with 31 of all 91.
The survey included judges and lawyers between the ages of 18 and 64. Those lawyers between 25 and 34 years old were the highest number of interviewees, 59 of all 91 analysed.
The survey also considered the duration of time the respondent officers of the law served in the legal profession. The duration ranged between 1 year and over 30 years of experience. Those between 1 and 5 years were the highest respondents, with 45 people.
Also, the survey considered the gender of the respondents. There were more male respondents than females. The female participants were 27, while the male participants were 63. One respondent did not indicate their gender.
The research assessed five aspects of the judicial system. These include “perceptions of controversial decisions, the impact of these decisions on public trust, the effectiveness of complaint procedures in addressing judicial corruption, external pressures and influences on judicial decision-making, reporting and addressing corruption within the judiciary, corruption’s influence on judicial outcomes, and salary transparency and remuneration for judicial officers.”
The research showed that it is not only the public that wants a more accountable, transparent and effective judicial system; the legal practitioners also want judicial proceedings and pronouncements that reflect sound ethics, and integrity, and not marred with allegations of corruption.
The Perception and Impact of Controversial Decisions
The Gavel Survey reported a high prevalence of controversial decisions made by Judges in the Nigerian Judiciary.
Three factors indicate this perception. They are transparency and clarity in decision-making, adherence to ethical standards, and external influence on Judges’ decisions.
On Transparency and Clarity in Judges’ Decisions, the lawyers perceive a 62% lack of transparency and clarity in court decisions. The judges show more concern, with 91% of them affirming the inconsistent clarity of justification of rulings.
On ethical standards, another 55% of the lawyers indicated that there are indications of compromise of standards by judges and judicial officials.
A 71% of judges indicated encounters with unethical practices amongst colleagues and lawyers in the judicial system.
On the influence of Judges’ decisions by external factors, 96% of lawyers believe that many controversial court decisions are influenced by external factors rather than facts and evidence.
The judges believe otherwise. Only 31% believe that external factors influence court decisions.
Finally, on the impact of controversial decisions, an equal proportion of judges and lawyers (59% of each) believe that Judges’ controversial decisions reduce public trust in the judiciary.
In all, controversial decisions make the public question the fairness and legitimacy of judicial outcomes. This undermines the public’s confidence in the judicial system.
External Pressures and Influence on Judicial Decision-Making
There have been concerns too, regarding external pressure and influence affecting the decision-making of judicial rulings.
Ninety-six per cent of lawyers indicated concerns about external influences on decision-making in judicial decisions and rulings.
A 47% of lawyers and judges stated a more frequent occurrence of this influence on judges.
A 30% of lawyers think this happens only occasionally. A smaller proportion of Judges (14%) believe these influences are just occasional.
The Gavel Survey also reported that there has been a 31% increase in the occurrence of corruption over time in the Nigerian judicial system.
“This suggests a growing challenge to judicial autonomy and impartiality, reflecting broader societal and political dynamics influencing legal processes.”