– Says Transparency Standards Lack Guarantee for Electoral Justice
Access to Justice, A2Justice has raised concerns that the current judicial accountability and transparency standards do not guarantee that the judiciary will live up to expectation in delivery of electoral justice.
A2Justice made the assertion in a petition dated on March 25, 2023 and addressed to the Acting Chief Justice of Nigeria, Supreme Court of Nigeria, Hon Justice Olukayode Ariwoola, by the Convener, Access to Justice, Joseph Otteh.
The group, in the letter made available to NigeriaCheck Newspaper, on Sunday, April 9, 2023, is concerned that in spite of the unacceptably high incidence of corruption associated with different cycles of electoral adjudication in Nigeria, the Judiciary has not taken any extra steps to strengthen its ethical framework for electoral dispute adjudication.
It noted that there is also wide public perception, including those of highly placed jurists, that election dispute resolutions create avenues for the trafficking of massive amounts of money, adding that the Independent Corrupt Practices and Other Offences Commission, ICPC, in a recent study, revealed that over nine (9) billion-naira was offered to Judges (most of whom handled election petitions) within a space of three years.
It added that NJC’s disciplinary records, as well as those of anti-corruption agencies bear witness to the extraordinary incidence of corruption associated with the determination of electoral disputes.
A2Justice said going by publicly available records, over fifteen (15) Judges and Justices of Courts have been arrested/ investigated, convicted or sanctioned for election determination misconduct, noting that many of which relate to corruption.
It stressed that; “Your Lordship would of course note the embarrassment, which such scandals inflict on the Judiciary itself.”
It expressed concerns that the Judiciary has not taken extra steps to plug the gaps and tighten the spaces that facilitate misconduct by election petition Judges/Justices.
It also believed that judicial oversight authorities have not strengthened their monitoring and oversight mechanisms or supplemented available judicial safeguards with new effective tools /policies even at this critical time when so much is hanging on the Judiciary for resolution.
A2Justice however blamed the generally weak and outdated NJC’s accountability system for Judges, which does not meet the exigencies of safeguarding the integrity of the judiciary at periods like this, as part of the problem.
It noted that neither the NJC’s Code of Judicial Conduct, CJC, nor the Judicial Discipline Regulations, have effectively deterred Judges from engaging in corrupt practices because they miss a vital link to fighting corruption, which is “detecting” it.
It however listed three major areas the NJC must address to include;
1. To harden/solidify its opposition to political interference with the electoral justice process.
2. Must create a strong whistle-blower policy designed to attract confidential information about the conduct of election petition Judges.
3. Must also prohibit Judges and Justices of election tribunals from communicating and interacting with government officials in whose jurisdictions those petitions are taking place, as well as meeting so-called “Judicial Consultants”, often retained by political actors to buy influences with election petition Judges.
See Full Text of The Statement:
25 March 2023
Hon Justice Olukayode Ariwoola
Acting Chief Justice of Nigeria,
Supreme Court of Nigeria,
Three Arms Zone,
FCT, Abuja.
Your Lordship,
Current Judicial Accountability and Transparency Standards Do Not Guarantee Judiciary Will Live Up to Expectation in Delivery of Electoral Justice
Access to Justice sends you warm greetings.
As Nigeria enters into the electoral adjudication phase following the 2023 elections, public expectations of the Judiciary are high, particularly given the scale and intensity of complaints arising from those elections, and significant because the Judiciary is, institutionally, the last line of defence for upholding the integrity of electoral democracy.
Your Lordship, Access to Justice is concerned that, in spite of the unacceptably high incidence of corruption associated with different cycles of electoral adjudication in Nigeria, the Judiciary has not taken extra steps to strengthen the ethical framework for electoral dispute adjudication.
Additionally, there is wide public perception (including those of highly respected jurists) that election dispute resolutions create avenues for the trafficking of massive amounts of money, with the Independent Corrupt Practices and Other Offences Commission (ICPC), saying in a recent study that over nine (9) billion Naira was offered to Judges (most of whom handled election petitions) within a space of three years.
The NJC’s own disciplinary records, as well as those of anti-corruption agencies bear out the extraordinary incidence of corruption associated with the determination of electoral disputes. From publicly available records, more than fifteen (15) Judges and Justices of courts have been arrested/investigated, convicted or sanctioned for election determination misconduct, many of which relate to corruption, and Your Lordship would of course note the embarrassment which such scandals inflict on the Judiciary itself.
Your Lordship, we make these representations with a high sense of responsibility, recognizing that, for the most part, electoral disputes’ adjudicators carry out their work honourably, ethically and diligently; however, past experiences show that a number of Judges exploit the electoral judicial process for personal gain, and, in so doing, pervert electoral justice and legitimize the subversion of democratic choices made by voters.
May we observe, Your Lordship, that part of the problem is that the NJC’s accountability system for Judges is generally weak and outdated, and does not meet the exigencies of safeguarding the integrity of the judiciary at periods like this. Neither the NJC’s Code of Judicial Conduct (CJC) nor the Judicial Discipline Regulations, as experience has shown, have effectively deterred Judges from engaging in corrupt practices because they miss a vital link to fighting corruption, which is “detecting” it. They also do not promote the role of the public in fighting judicial misconduct. The NJC’s overall strategy for fighting judicial corruption and the policies in place for accomplishing that mission are, therefore, not creative and good accelerators for winning the struggle, much less for maintaining the integrity of the electoral justice delivery process.
Your Lordship, we are concerned that the Judiciary has not taken extra steps to plug the gaps and tighten the spaces that facilitate misconduct by election petition Judges/Justices. Judicial oversight authorities have not strengthened their monitoring and oversight mechanisms or supplemented available judicial safeguards with new effective tools/policies even at this critical time when so much is hanging on the Judiciary for resolution. Given escalating tensions and the fragility of Nigeria’s political atmosphere at this time, some Judges may, by their misconduct, place Nigeria’s democracy in more portentous danger if the NJC is unable to exercise better control of their conduct in adjudicating electoral cases.
Perverting the electoral adjudication process has grave consequences, not only for the democratic system, but also for the constitutional role reserved for courts in preserving it. The Judiciary’s failure or inability to ascertain and vindicate the democratic choices made by electors can destabilize political society. It is of utmost importance, therefore, that the Judiciary’s supervisory and restorative powers in election cases must not be compromised.
There are three major areas the NJC must address.
1. The NJC needs to harden/solidify its opposition to political interference with the electoral justice process. In the past, the NJC maintained silence in the face of (credible) allegations of influential politicians trying to influence Judges who preside over election petitions, even in the Supreme Court. It is public record that a serving Supreme Court Justice made such an allegation not too long ago but the Judiciary/NJC did nothing about it. The Judiciary’s failure to expose and criminally deal with the interference with the judicial process is, respectfully, both wrong and counter-productive. It sends the wrong message to judicial officers and encourages silence over such overtures. Such silence compromises judicial standards of transparency, impartiality and objective fairness. The NJC must provide new Guidelines for election petition tribunals and courts to require Judges to expose efforts by anyone to interfere with the trial of election petition tribunals and to make criminal complaints of such attempts to crime investigation agencies.
2. The NJC must create a strong whistle-blower policy designed to attract confidential information about the conduct of election petition Judges. The NJC’s current disciplinary system is an insular, author-reveal and petition-based one, which does not offer spaces for public-spirited persons to support the fight against corruption by sending confidential/anonymous information touching on the conduct of Judges to the Council. Additionally, the NJC must place Judges and Justices of election courts, as well as tribunal staff under a duty to report suspicious activities they observe in the course of their official business and make it an act of misconduct where they do not. In fighting corruption, everyone must be each other’s keeper.
3. The NJC must also now prohibit Judges and Justices of election tribunals from communicating and interacting with government officials in whose jurisdictions those petitions are taking place, as well as meeting so-called “Judicial Consultants”, often retained by political actors to buy influences with election petition Judges. The NJC must place Judges under a mandatory duty to report and register any ex-facie communication with parties interested in the outcomes of cases being heard, even where they take place unexpectedly, characterizing the failure to make such reports an act of serious misconduct.
Conclusion
Your Lordship, like never before, the last elections have put Nigeria’s future on edge, with political tensions now at boiling point. If the Judiciary malfunctions in any serious way, the consequences will predictably be dire and unmanageable for Nigeria as a democratic state. Access to Justice urges the NJC/Nigerian Judiciary to do more now to safeguard the transparency, integrity and dependability of Nigeria’s electoral adjudication system, as election tribunals begin another phase of their critical task of defending constitutional democracy in Nigeria.
Joseph Otteh
Convener, Access to Justice.