Some judges are allegedly corrupt with lawyers offering them gratification to obtain favourable judgments. Olisa Agbakoba, a Senior Advocate of Nigeria (SAN) and former president of Nigerian Bar Association (NBA), takes a look at many sides of the allegation in this report by Senior Correspondent, ONYEWUCHI OJINNAKA.
The arraignment of two Senior Advocates of Nigeria (SANs), Ricky Tarfa and Joseph Nwobike, before Justices Aishat Opesanwo and Raliat Adebiyi of Lagos High Court, Igbosere, by the Economic and Financial Crimes Commission (EFCC) for alleged criminal offences has generated mixed reactions from stakeholders in the judiciary sector.
Tarfa was docked on two-count charge of wilfully obstructing the authorised officers of EFCC from effecting the arrest of two suspects and attempting to pervert the course of justice by communicating with Justice Mohammed Yunusa of the Federal High Court, Lagos (then) through his mobile telephone set.
Nwobike was also docked by EFCC on a five-count charge bordering on alleged offering of gratification also to Justice Yunusa of Federal High Court through his United Bank for Africa (UBA) and Access Bank accounts in order that the judge may refrain from exercising his official duties, contrary to Section 64 (1) of the Criminal Law of Lagos State No 11, 2011. He was also charged for attempting to pervert the course of justice contrary to Section 97(3) of the Criminal Law of Lagos State No 11, 2011.
Also in the counter affidavit in response to Tarfa’s application for enforcement of his fundamental rights before a Federal High Court, Lagos, the EFCC averred that records obtained from the call log between Tarfa and Yunusa showed that the judge received the sum of N225,000 from the SAN. But in his further affidavit, Tarfa claimed that the said money was contributions made by friends and given to the judge as a token when he was bereaved.
Reacting to recent developments in the judiciary sector, particularly the insinuations by the executive and its agencies that judiciary constitutes a clog in the wheel of progress in the anti-corruption fight of the federal government, that judicial officers are corrupt and promote corruption within the sector for Nigerian Bar Association (NBA) president, Olisa Agbakoba attributed the much-touted corruption in the judiciary to under-funding and late payment of salaries to judicial officers and staff.
Agbakoba, who spoke in Lagos, said poor funding of the judiciary exposes judges to corruption.
Agbakoba, who is also a member of the National Judicial Council (NJC), disclosed that many judges are in financial difficulties and cannot meet most of their needs.
He said it would be difficult to blame a poorly-paid judge who is in dire straits for asking for help from friends.
“You do not expect that a judge whose mother is dying would be thinking about Code of Conduct. I do not think so,” Agbakoba asserted.
According to the lawyer, due to lack of proper funding, even chief judges also beg governors for funds, adding that such problems would persist so long as the judiciary is under-funded.
He recalled the case of a Supreme Court justice who disclosed in her valedictory speech that she had no home because there was no money to build a house of her own.
On the charge filed against Nwobike by EFCC, Agbakoba said it was necessary to look at the underlying causes of a judge asking a lawyer or a friend for financial assistance.
“Nwobike was accused of attempting to pervert the course of justice by giving Justice Mohammed Yunusa N750,000. But he said the judge sought his help to enable him treat his mum who was undergoing treatment for kidney failure.
“When my father was the Chief Judge in the old East Central State, to even attempt to approach our gate if you are a lawyer could land you in jail. I remember the late Justice Kayode Eso, who was my dad’s friend, saying that he would refuse to accept a Christmas hamper from me, but he would accept a card wishing him a happy birthday,” Agbakoba narrated.
“But we also know that moral values have changed. Part of the challenge is, why would that judge be in a situation of that type of helplessness? That is the underlining question.”
On the issue of a judge retiring homeless, he requested the CJN to take it up.
“I went to court against the Attorney-General of the Federation on the point of how to fund the judiciary and I won, though it has not been enforced.
“If a judge is in a situation where his mother is dying, he will take money from anybody and lose his job. It does not have to be from a lawyer. But the issue is, why would he be in that sort of position in the first place?
“If you asked the late Eso, he would tell you it’s wrong to help a judge in need, because in his time, they were properly funded; everything was in place,” Agbakoba said.
According to former NBA president, poor funding of the judiciary manifests in Chief Judges going to governors to seek financial assistance.
“A SAN is even a better person to ask for assistance than a governor. Why would CJs go cap in hand to governors for goodies for their judges? Why? I know so many judges who are in difficulty. Some cannot even pay school fees. It is about funding of the judiciary.
“The point is, it shows the sorry pass, the fact that a judge could be put in that condition.”
He, nevertheless, said the anti-corruption fight is yielding results, adding that the Central Bank of Nigeria (CBN) needs to be unbundled if the economy is to be stimulated.
Getting the financial services sector right, he said, would involve limiting CBN’s role and creating a financial services agency to regulate banks, among others.
“CBN is currently over-burdened. CBN should focus on lending, interest rate and exchange,” he opined.
Agbakoba, who noted that the economy was in recession, urged the government to stimulate small businesses, review public/private sector economy, meet funding gap, and diversify the economy.