The impact of corruption on the rule of law and the effective administration of justice using Nigeria as a case study

Tiwalade Aderoju 
Olympus Solicitors and Advocates, Lagos

Corruption is a global issue that impacts all facets of society and undermines the rule of law and the effective administration of justice. Nigeria is not immune to this trend, as corruption has had devastating effects on its legal system, resulting in a weakened judiciary and law enforcement agencies, thus fostering a culture of impunity for the affluent and powerful.

The stability and prosperity of any society hinges on the rule of law and effective administration of justice, which guarantees accountability of government officials and protection of citizens from abuse. Furthermore, fair and timely resolution of disputes and prosecution of criminals are critical components of effective administration of justice. Corruption subverts these core principles and erodes public trust in government institutions and the legal system.

This article aims to investigate the impact of corruption on the rule of law and the effective administration of justice using Nigeria as a case study. We will examine how corruption has affected the Nigerian legal system while citing relevant Nigerian legal authorities and case law. 

Corruption in Nigeria

Nigeria ranked 150 out of 180 countries in the Transparency International 2022 Corruption Perceptions Index.¹ This ranking in the bottom 20 per cent of countries surveyed shows how systemic and embedded corruption is in the country. It is the most serious developmental challenge to the nation.² 

To address the rampant growth of corruption in Nigeria, the government, at different times, implemented several Acts and laws, while creating dedicated bodies to combat corrupt practices.  Some of the Acts enacted to combat corruption in Nigeria include:

• The Constitution of the Federal Republic of Nigeria 1999 (as amended) (the Constitution)
• Money Laundering (Prevention and Prohibition) Act, 2022;
• Economic and Financial Crimes Commission (Establishment) Act 2004;
• Corrupt Practices and Other Related Offences Act, 2000;
• Criminal Code Act;³ and
• Penal Code.⁴ 

While some of the established institutions for combating corrupt practices in Nigeria include:⁵ 

• The National Assembly;
• The judiciary;
• Economic and Financial Crimes Commission (the “EFCC”);
• Independent Corrupt Practices Commission (the “ICPC”);
• Code of Conduct Bureau and Code of Conduct Tribunal; and
• Police and other security agencies.

It is noteworthy that the Constitution is the primary legal authority against corruption in Nigeria, and it sets out the principles of the rule of law and the administration of justice. The Constitution guarantees the right to a fair trial and the right to access justice.⁶

International treaties/programmes against corruption

Article 11 of the United Nations Convention against Corruption underscores the crucial part the judiciary plays in the corruption fight. It emphasises all judiciaries must have and act with integrity to fight corruption in their countries. This article also provides multiple guidelines to help fight and prevent corruption in states.⁷  

The United Nations Office on Drugs and Crime’s global programme also created the Global Judicial Integrity Network in 2016 to promote best practices in respect of judicial integrity and prevention of corruption.⁸ 

Rule of law principles in Nigeria 

The idea of the rule of law pertains to the notion that the law holds ultimate power over the actions of the state and governs the conduct of individuals.⁹ The notion is reflected in the decision of the Supreme Court of Nigeria in the case of Governor of Lagos State v Ojukwu¹⁰ where the Court held that the Nigerian Constitution was founded on the rule of law whereby everything must be done according to law. Specifically, the Court held that:

‘The Nigerian constitution is founded on the rule of law, and the primary meaning of which is that everything must be done according to the law. It means also, that Government should be conducted within the framework or recognised rules and principles which restrict discretionary power which COKE Colourfully spoke of as ‘Golden and straight wet wand of law as opposed to the uncertain and crooked cord of discretion.’’

The Court further stated that the rule of law presupposes:¹¹ 

1.    That the state is subject to law.

2.    That the judiciary is a necessary agency of the rule of law.

3.    That government should respect the rights of individual citizens under the rule of law.

4.    That the judiciary is assigned both by the rule of law and by our constitution the role of determining all actions and proceedings relating to matters in dispute between persons or between Government or authority and any person in Nigeria.
 
The rule of law is, therefore, a fundamental principle that requires the government and its officials to be subject to the law, rather than acting arbitrarily or based on personal interests. The rule of law is important because it promotes fairness, justice, and equality. In Nigeria, the rule of law is enshrined in the Constitution, which is the supreme law of the land.

Impact of corruption on the rule of law

Notwithstanding these well-established principles, corruption has had a significant impact on the rule of law in Nigeria. Corruption undermines the principle of equality before the law, as corrupt individuals can use their wealth and influence to escape prosecution. Corruption also weakens the judiciary and other law enforcement agencies, as corrupt officials can be easily manipulated or bribed.

One example is the case of Olisa Metuh, a former spokesman for the People’s Democratic Party (PDP) in Nigeria. In 2018, Metuh was convicted of money laundering and sentenced to seven years in prison. However, he appealed the decision, arguing that he did not receive a fair trial due to political interference in the case. The appeal was eventually dismissed, but the case highlights the challenges faced by the Nigerian justice system in ensuring the rule of law is upheld.

Impact of corruption on the administration of justice

Corruption in the justice system undermines its core values of fairness, equity, and impartiality. When judges and court officials are compromised, it results in the abuse of power, and the delivery of justice is compromised. Corruption in the justice system in Nigeria has resulted in the perversion of justice, wrongful convictions, and acquittals of guilty parties.

Corruption in the justice system also creates an unequal justice system, where the rich and powerful can influence outcomes in their favour. Wealthy and influential individuals can bribe judges and prosecutors to steer case outcomes to their advantage. This has led to a sense of impunity among the elite, where they believe they can get away with any wrongdoing because they have the financial resources to influence the justice system.

Another impact of corruption lies with the administrative system of prosecuting matters. The prosecutor in charge can be bribed, resulting in a failure to utilise his full potential and skills in ensuring justice is served. This also prevents individuals who ordinarily should bear the consequences of their corrupt and immoral actions from facing the full wrath of the law.  

The course of justice can also be perverted through administrative means, such as when court officials allocate cases to judges perceived as favourable to one side or the other. We can see the gradual impact from when the matter is investigated by the various investigative agencies, where justice can be perverted through to the prosecution phase and finally the adjudication stage, where the Judges may be compromised. Even the last stage of enforcement of judgements can be compromised by the bailiffs being corrupt, being bribed and also not fully exerting the authority given them by the state. Another major discouragement in utilising the services of the Court, is displayed when the state uses its security agencies and apparatus with impunity to make it practically impossible to enforce judgements against the state or state agencies. This is due to the fact that these security agencies are indirectly under the control of the Federal Government, as provided for in the constitution. 

These failures have led to a loss of public trust in the justice system.¹² When the public perceives that the justice system is corrupt, they lose faith in it, and the rule of law is undermined. This leads to a situation where people resort to self-help, and the rule of law becomes meaningless.

Conclusion

In conclusion, corruption has had a significant impact on the rule of law and the effective administration of justice in Nigeria. Corruption undermines the principle of equality before the law and weakens the judiciary and other law enforcement agencies. The Nigerian legal system has established anti-corruption agencies to combat corruption, but there have been concerns about their impartiality and effectiveness. It is essential that legal authorities continue to work towards upholding the rule of law and the effective administration of justice in Nigeria.