Rechtsidee, 3 (2),
P. ISSN. 2338-8595, E. ISSN. 2443
Journal Homepage:
DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342
Article DOI: 10.21070/jihr.v3i2.342
E-mail address: [email protected] reviewed under reponsibility of UniversitasMuhammadiyah© 2016 Universitas Muhammadiyah
the CCBY license (http://creativecommons.org/licenses/by/4.0/
Review Article
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
James Ushie Ebuara
Nigerian Law School, Enugu Campus
Article history: Received 07 October
ABSTRACT
In the past ten years, Nigeria has remained at the apex of the international corruption index. Corruption has reached an epidemic level in Nigeria, its international trade obligations due to its dwindling foreign reserve. Public officials in the past have helped themselves with the pool of public funds without any repercussionthe country has elevated the fight against corruption to a high point, however, there are irreconcilable contradictions in the mechanism of justice apportionment, which tend to neutralize any efforts of the government to bring justice to looters of the public coffers. One of such challenges is the conduct of members of the legal profession. This paper therefore examines the role of lawyers in combating corruption. It demonstrated how lawyers, including members ofshield corrupt government officials from obtaining justice for corruption. The paper suggested ways in which the anticorruption crusade of the federal government will be improved thlawyers that prosecute offenders, defence counsel and the judges in Nigeria
Keywords: corruption; lawyers; legal profession
HOW TO CITE: Ebuara, U. (2016). The Pivotal Role of a Lawyer in Nigeria. Rechtsidee, 3(2), 113-126. doi:http://dx.doi.org/10.21070/jihr.v3i2.342
ABSTRAK
Fakta bahwa Nigeria adalah bangsa yang korup bukan merupakan hal yang baru. Nigeria merupakan
satu Negara yang paling korup di
terus mempertanyakan bagaimana anggota profesi hukum melaksanakan peran mereka dalam menerapkan
hukum karena mereka memiliki keyakinan mutlak dalam hukum sebagai perlindungan terhadap ke
yang merampas kesejahteraan rakyat
mereka. Rakyat menunggu hukum untuk merespon kecenderungan
pada tahap pengecekan, menghentikan atau mengendalik
ketidakmampuan hukum untuk menanggapi masalah ini dengan efektif dan telah menyaksikan korupsi terus
berlanjut dan meluas. Tujuan penelitian ini adalah untuk melihat peran pengacara sebagai hakim, sebagai para
jaksa dan pengacara pembela dalam mempromosikan dan mendorong korupsi dalam politik tubuh kita. Lebih
lanjut penelitian ini juga mengkaji peran pengacara harus dalam pemberantasan korupsi. Pengacara sebagai
agen perubahan sosial harus berada di barisan depan untuk
pembaruan sosial secara umum. Untuk secara efektif memainkan peran ini anggota profesi hukum harus
membersihkan diri mereka dari kecenderungan korupsi dalam pelaksanaannya di pengadilan.
Kata kunci: korupsi; advokat; profesi hukum
), December 2016, 115-130
8595, E. ISSN. 2443-3497
Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee
http://dx.doi.org/10.21070/jihr.v3i2.342
Article DOI: 10.21070/jihr.v3i2.342
[email protected] Peer reviewed under reponsibility of UniversitasMuhammadiyah Sidoarjo.
Muhammadiyah Sidoarjo, All right reserved, This is an open access
http://creativecommons.org/licenses/by/4.0/)
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
Nigerian Law School, Enugu Campus, Nigeria
October 2016; Accepted 27 December 2016; Available online
In the past ten years, Nigeria has remained at the apex of the international corruption index. Corruption has reached an epidemic level in Nigeria, finally bringing the country to its kneels as Nigeria cannot presently meet its international trade obligations due to its dwindling foreign reserve. Public officials in the past have helped themselves with the pool of public funds without any repercussion domestically. The present administration in the country has elevated the fight against corruption to a high point, however, there are irreconcilable contradictions in the mechanism of justice apportionment, which tend to neutralize any efforts of the
rnment to bring justice to looters of the public coffers. One of such challenges is the conduct of members of the legal profession. This paper therefore examines the role of lawyers in combating corruption. It demonstrated how lawyers, including members of the bench (judges) have exploited the loopholes in the Nigerian system to shield corrupt government officials from obtaining justice for corruption. The paper suggested ways in which the anticorruption crusade of the federal government will be improved through the enhanced practices of lawyers that prosecute offenders, defence counsel and the judges in Nigeria.
legal profession; anti-corruption; Nigeria.
Ebuara, U. (2016). The Pivotal Role of a Lawyer in Combating Official Corruption in 126. doi:http://dx.doi.org/10.21070/jihr.v3i2.342
Fakta bahwa Nigeria adalah bangsa yang korup bukan merupakan hal yang baru. Nigeria merupakan
dunia. Masyarakat umum dan bahkan badan eksekutif Pemerintah Federal
terus mempertanyakan bagaimana anggota profesi hukum melaksanakan peran mereka dalam menerapkan
hukum karena mereka memiliki keyakinan mutlak dalam hukum sebagai perlindungan terhadap ke
rakyat, dehumanisasi rakyat dan bahkan mengancam keberadaan negara
menunggu hukum untuk merespon kecenderungan korupsi ini dengan menempatkan mereka
tahap pengecekan, menghentikan atau mengendalikan koruptor, mereka telah menyaksikan
ketidakmampuan hukum untuk menanggapi masalah ini dengan efektif dan telah menyaksikan korupsi terus
berlanjut dan meluas. Tujuan penelitian ini adalah untuk melihat peran pengacara sebagai hakim, sebagai para
n pengacara pembela dalam mempromosikan dan mendorong korupsi dalam politik tubuh kita. Lebih
lanjut penelitian ini juga mengkaji peran pengacara harus dalam pemberantasan korupsi. Pengacara sebagai
agen perubahan sosial harus berada di barisan depan untuk reorientasi dalam memerangi korupsi dan
pembaruan sosial secara umum. Untuk secara efektif memainkan peran ini anggota profesi hukum harus
membersihkan diri mereka dari kecenderungan korupsi dalam pelaksanaannya di pengadilan.
profesi hukum; anti korupsi; Nigeria.
__
115
access article under
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
2016; Available online 31 December 2016
In the past ten years, Nigeria has remained at the apex of the international corruption index. Corruption has finally bringing the country to its kneels as Nigeria cannot presently meet
its international trade obligations due to its dwindling foreign reserve. Public officials in the past have helped domestically. The present administration in
the country has elevated the fight against corruption to a high point, however, there are irreconcilable contradictions in the mechanism of justice apportionment, which tend to neutralize any efforts of the
rnment to bring justice to looters of the public coffers. One of such challenges is the conduct of members of the legal profession. This paper therefore examines the role of lawyers in combating corruption. It demonstrated
the bench (judges) have exploited the loopholes in the Nigerian system to shield corrupt government officials from obtaining justice for corruption. The paper suggested ways in which
rough the enhanced practices of
Combating Official Corruption in
Fakta bahwa Nigeria adalah bangsa yang korup bukan merupakan hal yang baru. Nigeria merupakan salah
n eksekutif Pemerintah Federal
terus mempertanyakan bagaimana anggota profesi hukum melaksanakan peran mereka dalam menerapkan
hukum karena mereka memiliki keyakinan mutlak dalam hukum sebagai perlindungan terhadap kecenderungan
dan bahkan mengancam keberadaan negara
dengan menempatkan mereka
, mereka telah menyaksikan
ketidakmampuan hukum untuk menanggapi masalah ini dengan efektif dan telah menyaksikan korupsi terus
berlanjut dan meluas. Tujuan penelitian ini adalah untuk melihat peran pengacara sebagai hakim, sebagai para
n pengacara pembela dalam mempromosikan dan mendorong korupsi dalam politik tubuh kita. Lebih
lanjut penelitian ini juga mengkaji peran pengacara harus dalam pemberantasan korupsi. Pengacara sebagai
reorientasi dalam memerangi korupsi dan
pembaruan sosial secara umum. Untuk secara efektif memainkan peran ini anggota profesi hukum harus
membersihkan diri mereka dari kecenderungan korupsi dalam pelaksanaannya di pengadilan.
__
116
1. Introduction
The arrest in 2004 in London of the Plateau state Governor, Joshua Dariye
of D. S. P. Alamaieyeseigha, who was impeached as Bayelsa state Governor in 200
seriously dented the corporate image of Nigeria in the international corruption index
two incidents together with the arrest and conviction in Nigeria of the former Inspector
General of Police, TafaBalogun for money laundering and Sundry offences
extent of corruption in the country, but dramatically brought to the centre
connection that exists between
Corrupt Nigerian public officers are known to have fat foreign bank accounts even
though they are statutorily prohibited from owning and operating such accounts
public officers do not only siphon funds meant for the benefit of the entire citizenry to foreign
countries, but such funds are usually disguised to preclude the discove
sources, and applied either for the acquisition of property or other economic activities in such
foreign countries. There is no doubt that the loss of such stolen resources through endemic
corruption and abuse of office have had inimical
activities have created enormous distortions in the economic index and resulted in lack of
control on monetary and fiscal policies since a large proportion of the funds are transferred
and remain outside the Nigerian economy. Not only do they impact negatively on the social
and moral fabric of the society, they also affect the productive capacity of the economy and
thus perpetuate the country’s underdevelopment
The Nigerian state enacted the Independent and Cor
Offences Act and the Economic and Financial Crime Commission Act to deal official
corruption and financial crimes both of which have undermined developmental efforts of
government and impeding financial transactions locally
than a decade of the implementation of the said laws, corruption appears to have assumed a
more devastating dimension. The question therefore, is why have we got it wrong?
1“419 of Friday September 3,” The Guardian2“Friday September 16,” This Day Newspaper3 Sunday Eneojo Samuel, Oluseyi Aju, and Moses Elaigwu, “Implication of Economic and Financial Crimes Commission and Corruption on the Consolidation of Democracy and Sustainable Development and Growth in Nigeria from 2004-2008,” Journal of Poverty, Investment and Development
Scholar 4 Paragraph 3, Part 1 of the Fifth Schedule to the 1999 Constitution, which prescribes a Code of Conduct for Public Officers. 5 Florence Anaedozie, “Is Grand Corruption the Cancer of Nigeria? A Critical Discussion in the Light of an Exchange of Presidential Letters.,” Google Scholar Crossref
Rechtsidee, 3 (2), December 2016
P. ISSN. 2338-8595, E. ISSN. 2443
Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee
DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342
The arrest in 2004 in London of the Plateau state Governor, Joshua Dariye
of D. S. P. Alamaieyeseigha, who was impeached as Bayelsa state Governor in 200
seriously dented the corporate image of Nigeria in the international corruption index
two incidents together with the arrest and conviction in Nigeria of the former Inspector
General of Police, TafaBalogun for money laundering and Sundry offences
extent of corruption in the country, but dramatically brought to the centre
between corruption and underdevelopment.
Corrupt Nigerian public officers are known to have fat foreign bank accounts even
though they are statutorily prohibited from owning and operating such accounts
public officers do not only siphon funds meant for the benefit of the entire citizenry to foreign
countries, but such funds are usually disguised to preclude the discove
sources, and applied either for the acquisition of property or other economic activities in such
foreign countries. There is no doubt that the loss of such stolen resources through endemic
corruption and abuse of office have had inimical effect on the economy of the country. These
activities have created enormous distortions in the economic index and resulted in lack of
control on monetary and fiscal policies since a large proportion of the funds are transferred
erian economy. Not only do they impact negatively on the social
and moral fabric of the society, they also affect the productive capacity of the economy and
thus perpetuate the country’s underdevelopment5.
The Nigerian state enacted the Independent and Corrupt Practices and Other related
Offences Act and the Economic and Financial Crime Commission Act to deal official
corruption and financial crimes both of which have undermined developmental efforts of
government and impeding financial transactions locally and internationally. Curiously, more
than a decade of the implementation of the said laws, corruption appears to have assumed a
more devastating dimension. The question therefore, is why have we got it wrong?
The Guardian 21, no. 9 (2004): 1–2. This Day Newspaper 11, no. 3799 (2005): 1.
eyi Aju, and Moses Elaigwu, “Implication of Economic and Financial Crimes Commission and Corruption on the Consolidation of Democracy and Sustainable Development and Growth in
Journal of Poverty, Investment and Development 4 (2014): 19–
Paragraph 3, Part 1 of the Fifth Schedule to the 1999 Constitution, which prescribes a Code of Conduct for
Florence Anaedozie, “Is Grand Corruption the Cancer of Nigeria? A Critical Discussion in the Light of an Exchange of Presidential Letters.,” European Scientific Journal 12, no. 5 (February 29,
December 2016, 115-130
8595, E. ISSN. 2443-3497
http://ojs.umsida.ac.id/index.php/rechtsidee
dx.doi.org/10.21070/jihr.v3i2.342
The arrest in 2004 in London of the Plateau state Governor, Joshua Dariye1 and that
of D. S. P. Alamaieyeseigha, who was impeached as Bayelsa state Governor in 20052
seriously dented the corporate image of Nigeria in the international corruption index3. These
two incidents together with the arrest and conviction in Nigeria of the former Inspector
General of Police, TafaBalogun for money laundering and Sundry offences not only show the
extent of corruption in the country, but dramatically brought to the centre-stage the
Corrupt Nigerian public officers are known to have fat foreign bank accounts even
though they are statutorily prohibited from owning and operating such accounts4 . These
public officers do not only siphon funds meant for the benefit of the entire citizenry to foreign
countries, but such funds are usually disguised to preclude the discovery of their actual
sources, and applied either for the acquisition of property or other economic activities in such
foreign countries. There is no doubt that the loss of such stolen resources through endemic
effect on the economy of the country. These
activities have created enormous distortions in the economic index and resulted in lack of
control on monetary and fiscal policies since a large proportion of the funds are transferred
erian economy. Not only do they impact negatively on the social
and moral fabric of the society, they also affect the productive capacity of the economy and
rupt Practices and Other related
Offences Act and the Economic and Financial Crime Commission Act to deal official
corruption and financial crimes both of which have undermined developmental efforts of
and internationally. Curiously, more
than a decade of the implementation of the said laws, corruption appears to have assumed a
more devastating dimension. The question therefore, is why have we got it wrong?
eyi Aju, and Moses Elaigwu, “Implication of Economic and Financial Crimes Commission and Corruption on the Consolidation of Democracy and Sustainable Development and Growth in
–36. View Item Google
Paragraph 3, Part 1 of the Fifth Schedule to the 1999 Constitution, which prescribes a Code of Conduct for
Florence Anaedozie, “Is Grand Corruption the Cancer of Nigeria? A Critical Discussion in the Light of an 12, no. 5 (February 29, 2016): 1857–7881.
Review Article
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
James Ushie Ebuara
This paper therefore sets out to x
fight against corruption and corrupt practices using the legal instruments at their disposal.
Recently the Nigerian President, AlhajiMuhammaduBuhari is quoted as saying that his fight
against corruption is being imped
reactions from many quarters, particularly, the apex body for lawyers and the Judiciary. It is
against this background that concerted efforts must be made to ensure that this cankerworm
does not continue to infect and spread its unhealthy tentacles in the country. This brings to
the fore the fundamental role of law as a malleable regulatory mechanism that can effectively
be used in the fight against these menaces. The crucial question then is, to w
institution and other stakeholders saddled with the responsibility for interpreting the laws
prepared and equipped in the discharge of this enormous task?
This paper therefore examines the role the legal profession as the major stakehol
the administration of justice should play in the fight against corruption using the
instrumentality of the law.
2. The Challenge before the Legal Profession
The present administration predicated its change mantra on fight against corruption
with a view to strengthening public institutions. For instance, a recent statement credited to
the Vice President of Nigeria noted that the immediate past administration in the country
misappropriated huge sums of money, proceeds of crude oil sales in the last te
any visible evidence of improvement in infrastructure.
markedlyevident in the diversion of resources appropriated for purchase of weapons for the
Armed Forces to fight the Boko Haram insurgencyin what is now known
There is consensus among policymakers and indeed, both domestic and international experts
that the present decadence in terms of the corruption index in Nigeria must be confronted by
the strengthening of governmental institutions, especia
lawyers). The challenges of accomplishing this task, which has become the paradoxes of the
Nigerian state, are the irreconcilable fault lines in the fibre of the Nigerian society regarding
6 E. A. Agim, The Role of the Lawyers in Stopping Impunity for Govern
Kleptocracy and Promoting Genuine Democratic Governance
branches: Annual Law Week Presentation, n.d.).7 “Corrupt Persons in Legislature, Judiciary8 The scandal involved monumental financial impropriety by the immediate past administration of President Goodluck Jonathan of a staggering figure of $2.1 billion traced to the office of the National Security Adviser, Colonel Dasukirtd. The money was purporinsurgency, but illegally diverted to various notable personalities in Nigeria to be distributed to voters to influence the outcome of the 2015 presidential elections. Deal?,” P.M. News, 2016. Accessed 25 January 2016.
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
This paper therefore sets out to x-ray the role of lawyers (Judges inclusive) in the
fight against corruption and corrupt practices using the legal instruments at their disposal.
Recently the Nigerian President, AlhajiMuhammaduBuhari is quoted as saying that his fight
against corruption is being impeded by the judiciary.6 This statement has generated a lot of
reactions from many quarters, particularly, the apex body for lawyers and the Judiciary. It is
against this background that concerted efforts must be made to ensure that this cankerworm
ontinue to infect and spread its unhealthy tentacles in the country. This brings to
the fore the fundamental role of law as a malleable regulatory mechanism that can effectively
be used in the fight against these menaces. The crucial question then is, to w
institution and other stakeholders saddled with the responsibility for interpreting the laws
prepared and equipped in the discharge of this enormous task?
This paper therefore examines the role the legal profession as the major stakehol
the administration of justice should play in the fight against corruption using the
the Legal Profession
The present administration predicated its change mantra on fight against corruption
view to strengthening public institutions. For instance, a recent statement credited to
the Vice President of Nigeria noted that the immediate past administration in the country
misappropriated huge sums of money, proceeds of crude oil sales in the last te
any visible evidence of improvement in infrastructure. 7 The misappropriation was
markedlyevident in the diversion of resources appropriated for purchase of weapons for the
Armed Forces to fight the Boko Haram insurgencyin what is now known
There is consensus among policymakers and indeed, both domestic and international experts
that the present decadence in terms of the corruption index in Nigeria must be confronted by
the strengthening of governmental institutions, especially the judiciary and the bar (body of
lawyers). The challenges of accomplishing this task, which has become the paradoxes of the
Nigerian state, are the irreconcilable fault lines in the fibre of the Nigerian society regarding
The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling
Kleptocracy and Promoting Genuine Democratic Governance (Nigerian Bar Association, Ogoja and Ikom branches: Annual Law Week Presentation, n.d.). p.7.
“Corrupt Persons in Legislature, Judiciary–Osibanjo,” The Punch Newspaper, February 22, 2016.The scandal involved monumental financial impropriety by the immediate past administration of President
Goodluck Jonathan of a staggering figure of $2.1 billion traced to the office of the National Security Adviser, Colonel Dasukirtd. The money was purportedly meant to purchase arms (arms deal) to fight the Boko Haram insurgency, but illegally diverted to various notable personalities in Nigeria to be distributed to voters to influence the outcome of the 2015 presidential elections. “Dasukigate: ‘Who Got What’ from $2.1bn Arms
Accessed 25 January 2016. View Item
__
117
e of lawyers (Judges inclusive) in the
fight against corruption and corrupt practices using the legal instruments at their disposal.
Recently the Nigerian President, AlhajiMuhammaduBuhari is quoted as saying that his fight
This statement has generated a lot of
reactions from many quarters, particularly, the apex body for lawyers and the Judiciary. It is
against this background that concerted efforts must be made to ensure that this cankerworm
ontinue to infect and spread its unhealthy tentacles in the country. This brings to
the fore the fundamental role of law as a malleable regulatory mechanism that can effectively
be used in the fight against these menaces. The crucial question then is, to what extent can the
institution and other stakeholders saddled with the responsibility for interpreting the laws
This paper therefore examines the role the legal profession as the major stakeholder in
the administration of justice should play in the fight against corruption using the
The present administration predicated its change mantra on fight against corruption
view to strengthening public institutions. For instance, a recent statement credited to
the Vice President of Nigeria noted that the immediate past administration in the country
misappropriated huge sums of money, proceeds of crude oil sales in the last ten years without
The misappropriation was
markedlyevident in the diversion of resources appropriated for purchase of weapons for the
Armed Forces to fight the Boko Haram insurgencyin what is now known as ‘Dasukigate’.8
There is consensus among policymakers and indeed, both domestic and international experts
that the present decadence in terms of the corruption index in Nigeria must be confronted by
lly the judiciary and the bar (body of
lawyers). The challenges of accomplishing this task, which has become the paradoxes of the
Nigerian state, are the irreconcilable fault lines in the fibre of the Nigerian society regarding
ment Office Corruption, Dismantling
(Nigerian Bar Association, Ogoja and Ikom
, February 22, 2016. p.34. The scandal involved monumental financial impropriety by the immediate past administration of President
Goodluck Jonathan of a staggering figure of $2.1 billion traced to the office of the National Security Adviser, tedly meant to purchase arms (arms deal) to fight the Boko Haram
insurgency, but illegally diverted to various notable personalities in Nigeria to be distributed to voters to “Dasukigate: ‘Who Got What’ from $2.1bn Arms
__
118
political affiliation and patronage, ethnicity, regionalism and religion. These fault lines
directly fuel corruption, mediocrity and nepotism, which are implicated in poor
implementation of policies and unsatisfactory enforcement of laws
President exhibited clear understanding of the impact of corruption on the Nigeria state when
he concluded that no sector of the polity is completely exonerated, from the public to the
private sector, and indeed, the average Nigerian ind
corruption is actually a struggle against the entrenched system.
This statement is constantly reechoed by the anti
Economic and Financial Crimes Commission, who has noted the connivan
of the legal profession in Nigeria with corrupt government officials to help them escape
justice.12 In the case of Ekwenugo v. FRN
similar opinion noting that because Nigerian judges opera
and political atmosphere in Nigeria, they must take into cognizance the nation’s abysmal
performance in the international corruption index in handling corruption cases brought before
them. Indeed, because Nigeria is a co
citizens are bound by the provisions of the constitution, which is supreme.
who hold government offices and exercise governmental power must do so within the
confines of constitutional provisions, for the welfare and prosperity of the people.
such persons rather convert the common good or public fund into their personal use, it
becomes doubtful if governance is operated in accordance with the rule of law, especially the
constitution. The inability of the system to hold people accountable in turn creates impunity
among the managers and administrators of scarce resources.
become an instrument in the hands of those occupying them to plunder and share state
resources amongst themselves in complete disregard of the common good and wellbeing of
the people as it has happened in the past few years in Nigeria, the constitution and other laws
are certainly undermined.
9 Nasir Ahmad Sarkin Dori, “Nexus between Causes, Dimensions, Adverse Effecin Nigeria,” International Journal of Political Science and Development10 Oluwaseun Olawale Afolabi, “The Role of Religion in Nigerian Politics and Its Sustainability for Political Development,” Net Journal of Social Science S11 “Corrupt Persons in Legislature, Jud12 “23rd February, 2016.,” Premium Times13 (2001) 6 NWLR (Pt. 708) 171. 14 Section 1(1) of the Constitution of the federal Republic of Nigeria 1999 as amended.15 Ibid. Section 14(2)(c). 16 Sunday Abraham Ogunode, “Criminal Justice System in Nigeria: For the Rich or the Poor?,” Social Sciences Review 4, no. 1 (2015): 27
Rechtsidee, 3 (2), December 2016
P. ISSN. 2338-8595, E. ISSN. 2443
Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee
DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342
tronage, ethnicity, regionalism and religion. These fault lines
directly fuel corruption, mediocrity and nepotism, which are implicated in poor
implementation of policies and unsatisfactory enforcement of laws9 10 .
President exhibited clear understanding of the impact of corruption on the Nigeria state when
he concluded that no sector of the polity is completely exonerated, from the public to the
private sector, and indeed, the average Nigerian individual, so that the fight against
corruption is actually a struggle against the entrenched system.11
This statement is constantly reechoed by the anti-corruption Tsar, the Chairman of the
Economic and Financial Crimes Commission, who has noted the connivan
of the legal profession in Nigeria with corrupt government officials to help them escape
Ekwenugo v. FRN,13 Justice Fabiyi JCA (as he then was) expressed
similar opinion noting that because Nigerian judges operate within the context of the social
and political atmosphere in Nigeria, they must take into cognizance the nation’s abysmal
performance in the international corruption index in handling corruption cases brought before
them. Indeed, because Nigeria is a constitutional democracy, all organs, institutions and
citizens are bound by the provisions of the constitution, which is supreme.
who hold government offices and exercise governmental power must do so within the
provisions, for the welfare and prosperity of the people.
such persons rather convert the common good or public fund into their personal use, it
becomes doubtful if governance is operated in accordance with the rule of law, especially the
n. The inability of the system to hold people accountable in turn creates impunity
among the managers and administrators of scarce resources.16 When government offices
become an instrument in the hands of those occupying them to plunder and share state
urces amongst themselves in complete disregard of the common good and wellbeing of
the people as it has happened in the past few years in Nigeria, the constitution and other laws
Nasir Ahmad Sarkin Dori, “Nexus between Causes, Dimensions, Adverse Effects and Solutions of Corruption International Journal of Political Science and Development 4, no. 3 (2016): 82
he Role of Religion in Nigerian Politics and Its Sustainability for Political Net Journal of Social Science S 3, no. 2 (2015): 42–49. View Item Google Scholar
“Corrupt Persons in Legislature, Judiciary–Osibanjo.” p. 7. Premium Times, February 23, 2016.
Section 1(1) of the Constitution of the federal Republic of Nigeria 1999 as amended.
node, “Criminal Justice System in Nigeria: For the Rich or the Poor?,” 4, no. 1 (2015): 27–39. View Item Google Scholar
December 2016, 115-130
8595, E. ISSN. 2443-3497
http://ojs.umsida.ac.id/index.php/rechtsidee
dx.doi.org/10.21070/jihr.v3i2.342
tronage, ethnicity, regionalism and religion. These fault lines
directly fuel corruption, mediocrity and nepotism, which are implicated in poor
. In fact, the Vice
President exhibited clear understanding of the impact of corruption on the Nigeria state when
he concluded that no sector of the polity is completely exonerated, from the public to the
ividual, so that the fight against
corruption Tsar, the Chairman of the
Economic and Financial Crimes Commission, who has noted the connivance of the top notch
of the legal profession in Nigeria with corrupt government officials to help them escape
Justice Fabiyi JCA (as he then was) expressed
te within the context of the social
and political atmosphere in Nigeria, they must take into cognizance the nation’s abysmal
performance in the international corruption index in handling corruption cases brought before
nstitutional democracy, all organs, institutions and
citizens are bound by the provisions of the constitution, which is supreme.14 Therefore, those
who hold government offices and exercise governmental power must do so within the
provisions, for the welfare and prosperity of the people.15 When
such persons rather convert the common good or public fund into their personal use, it
becomes doubtful if governance is operated in accordance with the rule of law, especially the
n. The inability of the system to hold people accountable in turn creates impunity
When government offices
become an instrument in the hands of those occupying them to plunder and share state
urces amongst themselves in complete disregard of the common good and wellbeing of
the people as it has happened in the past few years in Nigeria, the constitution and other laws
ts and Solutions of Corruption 4, no. 3 (2016): 82–97. Crossref
he Role of Religion in Nigerian Politics and Its Sustainability for Political Google Scholar
node, “Criminal Justice System in Nigeria: For the Rich or the Poor?,” Humanities and
Review Article
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
James Ushie Ebuara
At the onset of the present administration, which
issue of corruption featured prominently on top of government priorities in a change mantra.
Government efforts have since been refocused on eliminating the menace in the social and
political life of Nigeria. However, as n
against corruption, the judiciary, including the bar has in the past, connived with looters of
the public treasurer to sustain the vicious circle of corruption in Nigeria. Therefore, for the
new campaign against corruption to succeed, the legal profession including the bar and the
bench must be restructured to introduce new procedural and substantive laws to regulate the
practice of law. Although, there are other far reaching reforms within the profession
implemented may go a long way to ensuring adherence to ethical standards. These other
reforms would impact positively on the role of lawyers in combating corruption in Nigeria.
Particularly, members of the legal profession in Nigeria must resolve h
constant conflict between democratic values in criminal cases and the need to maintain their
role as the bearers and guardian of the law in a genuine democracy.
judiciary (bench) has the lead or dominant role in admin
laws because it is the exclusive owner of judicial powers under the constitution.
powers include expounding the legal regimes available in the country and upholding the
legality and legitimacy of the exercise of p
and omissions of individual persons and private bodies.
hand, invokes the exercise of judicial powers to enforce the constitution and other laws in
cases they conduct in courts. Lawyers are specifically trained to administer the rule of law
and therefore, they are exclusively entitled to the license and privileges of law practice. The
society expects that they will function as advocates of the rule of law.
Thus, we shall examine the role of lawyers as prosecutors, defence counsel and judges
in criminal cases involving corruption and other related crimes.
of lawyers as prosecutors. Their duties include:
a. to prosecute and not persecute,
b. give honest, objective and legally sound pre
ensure that the pre-trial criminal processes are fair and produce facts that disclose a
good case against the accused.
17 Fred C Zacharias, “True Confessions About the Role of Lawyers in a Democracy,” no. 6 (2009): 1591–1609. View Item18 Section 6 of the 1999 Constitution of Nigeria as amended.19
Ibid, Section 6(6).
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
At the onset of the present administration, which came into office in May 2015, the
issue of corruption featured prominently on top of government priorities in a change mantra.
Government efforts have since been refocused on eliminating the menace in the social and
political life of Nigeria. However, as noted above, one of the key instrument for the fight
against corruption, the judiciary, including the bar has in the past, connived with looters of
the public treasurer to sustain the vicious circle of corruption in Nigeria. Therefore, for the
against corruption to succeed, the legal profession including the bar and the
bench must be restructured to introduce new procedural and substantive laws to regulate the
practice of law. Although, there are other far reaching reforms within the profession
implemented may go a long way to ensuring adherence to ethical standards. These other
reforms would impact positively on the role of lawyers in combating corruption in Nigeria.
Particularly, members of the legal profession in Nigeria must resolve how to deal with the
constant conflict between democratic values in criminal cases and the need to maintain their
role as the bearers and guardian of the law in a genuine democracy.17
judiciary (bench) has the lead or dominant role in administering the constitution and other
laws because it is the exclusive owner of judicial powers under the constitution.
powers include expounding the legal regimes available in the country and upholding the
legality and legitimacy of the exercise of powers by other organs of government and actions
and omissions of individual persons and private bodies.19 Lawyers or the bar on the other
hand, invokes the exercise of judicial powers to enforce the constitution and other laws in
ts. Lawyers are specifically trained to administer the rule of law
and therefore, they are exclusively entitled to the license and privileges of law practice. The
society expects that they will function as advocates of the rule of law.
ne the role of lawyers as prosecutors, defence counsel and judges
in criminal cases involving corruption and other related crimes. The starting point is the role
of lawyers as prosecutors. Their duties include:
to prosecute and not persecute,
objective and legally sound pre-trial opinion to investigating officers and
trial criminal processes are fair and produce facts that disclose a
good case against the accused.
Fred C Zacharias, “True Confessions About the Role of Lawyers in a Democracy,” Fordham Law Review
View Item Google Scholar nstitution of Nigeria as amended.
__
119
came into office in May 2015, the
issue of corruption featured prominently on top of government priorities in a change mantra.
Government efforts have since been refocused on eliminating the menace in the social and
oted above, one of the key instrument for the fight
against corruption, the judiciary, including the bar has in the past, connived with looters of
the public treasurer to sustain the vicious circle of corruption in Nigeria. Therefore, for the
against corruption to succeed, the legal profession including the bar and the
bench must be restructured to introduce new procedural and substantive laws to regulate the
practice of law. Although, there are other far reaching reforms within the profession that if
implemented may go a long way to ensuring adherence to ethical standards. These other
reforms would impact positively on the role of lawyers in combating corruption in Nigeria.
ow to deal with the
constant conflict between democratic values in criminal cases and the need to maintain their
17 For instance, the
istering the constitution and other
laws because it is the exclusive owner of judicial powers under the constitution.18 These
powers include expounding the legal regimes available in the country and upholding the
owers by other organs of government and actions
Lawyers or the bar on the other
hand, invokes the exercise of judicial powers to enforce the constitution and other laws in
ts. Lawyers are specifically trained to administer the rule of law
and therefore, they are exclusively entitled to the license and privileges of law practice. The
ne the role of lawyers as prosecutors, defence counsel and judges
The starting point is the role
trial opinion to investigating officers and
trial criminal processes are fair and produce facts that disclose a
Fordham Law Review 77,
__
120
c. to ensure that only cases with facts that show prima facie ca
d. to be well equipped with good knowledge of all laws relating to the case, good
research writing and criminal pleading skills.
e. to diligently and painstakingly prepare the charge and other processes to commence
the criminal case.
f. to be diligent, honest, dispassionate, zealous and fair in the prosecution of the case.
g. to assist the court in doing substantial justice in the case.
h. to prevent the trial from being frustrated by any abuse of court process and the
dilatory tactics of the defe
i. to pursue and be committed to an expeditious trial of the case.
j. to ensure that the public expectation of legitimate law enforcement is not defeated.
k. to scrupulously adhere to the ethics regulating the Professional conduct of members
of the legal profession.
l. Not to compromise or undermine the efficient prosecution of the case.
Defence advocates are generally private lawyers. As defencecounsel, the lawyer must bear in
mind that as a member of the legal profession, he has a threefold duty to his client
and the society at large.20 As counsel in a criminal case, he has the duty to assert his client’s
position using his best endeavors to explore all lawful defences available to his client on
available facts. However, the scope of this duty to his
a. Saving or rescuing his client from the law.
b. Devising all kinds of tactics to kill the case, including the filing of suits to change
aspects of the pre-trial criminal process to disrupt and frustrate the pre
and pre-empt the ensuing trial process.
c. Exploiting the rules of court meant to facilitate the expeditious disposal of the case, to
delay and frustrate the trial of the case.
d. Engaging in fabrication of facts and advising his client to lie.
e. Securing the discharge and acquittal of his client by all means and at all cost
f. Corrupt influence of the prosecutor or judge to compromise the justice of the case.
A defence counsel is an officer of the court as well as an officer of the legal system
and so has a special responsibility to participate objectively and honestly in the adversarial
truth searching process as well as assist the court in the expeditious trial of the case. He must
also guide the court honestly and properly on the applicable law and assist the court in
20 The famous dictum of Oputa JSC in the case of case of
Rechtsidee, 3 (2), December 2016
P. ISSN. 2338-8595, E. ISSN. 2443
Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee
DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342
to ensure that only cases with facts that show prima facie case are brought to court.
to be well equipped with good knowledge of all laws relating to the case, good
research writing and criminal pleading skills.
to diligently and painstakingly prepare the charge and other processes to commence
be diligent, honest, dispassionate, zealous and fair in the prosecution of the case.
to assist the court in doing substantial justice in the case.
to prevent the trial from being frustrated by any abuse of court process and the
dilatory tactics of the defence.
to pursue and be committed to an expeditious trial of the case.
to ensure that the public expectation of legitimate law enforcement is not defeated.
to scrupulously adhere to the ethics regulating the Professional conduct of members
ession.
Not to compromise or undermine the efficient prosecution of the case.
Defence advocates are generally private lawyers. As defencecounsel, the lawyer must bear in
mind that as a member of the legal profession, he has a threefold duty to his client
As counsel in a criminal case, he has the duty to assert his client’s
position using his best endeavors to explore all lawful defences available to his client on
available facts. However, the scope of this duty to his client does not include:
Saving or rescuing his client from the law.
Devising all kinds of tactics to kill the case, including the filing of suits to change
trial criminal process to disrupt and frustrate the pre
empt the ensuing trial process.
Exploiting the rules of court meant to facilitate the expeditious disposal of the case, to
delay and frustrate the trial of the case.
Engaging in fabrication of facts and advising his client to lie.
ge and acquittal of his client by all means and at all cost
Corrupt influence of the prosecutor or judge to compromise the justice of the case.
A defence counsel is an officer of the court as well as an officer of the legal system
onsibility to participate objectively and honestly in the adversarial
truth searching process as well as assist the court in the expeditious trial of the case. He must
also guide the court honestly and properly on the applicable law and assist the court in
The famous dictum of Oputa JSC in the case of case of Godwin Josiah v. The State (1985) 1 NWLR 125.
December 2016, 115-130
8595, E. ISSN. 2443-3497
http://ojs.umsida.ac.id/index.php/rechtsidee
dx.doi.org/10.21070/jihr.v3i2.342
se are brought to court.
to be well equipped with good knowledge of all laws relating to the case, good
to diligently and painstakingly prepare the charge and other processes to commence
be diligent, honest, dispassionate, zealous and fair in the prosecution of the case.
to prevent the trial from being frustrated by any abuse of court process and the
to ensure that the public expectation of legitimate law enforcement is not defeated.
to scrupulously adhere to the ethics regulating the Professional conduct of members
Not to compromise or undermine the efficient prosecution of the case.
Defence advocates are generally private lawyers. As defencecounsel, the lawyer must bear in
mind that as a member of the legal profession, he has a threefold duty to his client, the court
As counsel in a criminal case, he has the duty to assert his client’s
position using his best endeavors to explore all lawful defences available to his client on
client does not include:
Devising all kinds of tactics to kill the case, including the filing of suits to change
trial criminal process to disrupt and frustrate the pre-trial process
Exploiting the rules of court meant to facilitate the expeditious disposal of the case, to
ge and acquittal of his client by all means and at all cost
Corrupt influence of the prosecutor or judge to compromise the justice of the case.
A defence counsel is an officer of the court as well as an officer of the legal system
onsibility to participate objectively and honestly in the adversarial
truth searching process as well as assist the court in the expeditious trial of the case. He must
also guide the court honestly and properly on the applicable law and assist the court in
(1985) 1 NWLR 125.
Review Article
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
James Ushie Ebuara
ensuring that substantial justice is done, avoid doing anything that will disrepute the court in
the expeditious trial of the case, and not to delay and frustrate or out rightly prevent the trial.
He must adhere strictly to the ethics of the profession as
professional conduct.
As members of the legal profession, lawyers are public citizens who enjoy
tremendous amount of public trust and confidence from the people who expect them to use
their knowledge and skills to ensure tha
the rights of the accused are observed, and that trial outcomes meet the objective of
protection of the society. One of the major causes of impunity for crimes of corruption in
government is that defence lawyers neglected their duties to the court and the society and
conducted their clients’ case beyond the legal limits of their duty to their client. They
approach the discharge of their client
from the law and not as a defence to the allegations of facts against him.
It is obvious that most private practitioners adopt the Henry Lord Brougham’s notion
that a lawyer should, “know no one but his client”.
words, he was speaking in direct response to the notion that he, as defence counsel for Queen
Caroline in a charge of treason, should constrain his tactics on her behalf in order to preserve
national interest. Brougham argued that, the lawyer’s commitment to the clie
should outweigh any separate concerns about a properly functioning and secure government.
The duty of the lawyer is to save his client by all means and at whatever cost and hazards to
the detriments of all other persons.
the following approach:-
a. Pre-empting the initiation of criminal case against their clients by filing fundamental
rights enforcement applications purporting to challenge the procedure of their clients’
arrest and detention and contending that there is no reasonable basis for their clients’
arrest and detention.
b. Obtaining injunctions to prevent the prosecution of their client who were involved in
corrupt practices involving stupendous sums of money. But the main object of fi
such applications is to forestall the impending criminal case against their clients.
c. Devising all kinds of dilatory tactics to kill the case.
d. Exploiting the rules of court to delay and frustrate the trial of the case.
21 Ibid. 22 Ibid.
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
ensuring that substantial justice is done, avoid doing anything that will disrepute the court in
the expeditious trial of the case, and not to delay and frustrate or out rightly prevent the trial.
He must adhere strictly to the ethics of the profession as provided for in the rules of
As members of the legal profession, lawyers are public citizens who enjoy
tremendous amount of public trust and confidence from the people who expect them to use
their knowledge and skills to ensure that the aims of law enforcement are not defeated, that
the rights of the accused are observed, and that trial outcomes meet the objective of
protection of the society. One of the major causes of impunity for crimes of corruption in
e lawyers neglected their duties to the court and the society and
conducted their clients’ case beyond the legal limits of their duty to their client. They
approach the discharge of their client-advocate duty as a mission to rescue or save their client
m the law and not as a defence to the allegations of facts against him.
It is obvious that most private practitioners adopt the Henry Lord Brougham’s notion
that a lawyer should, “know no one but his client”.21 When Lord Brougham uttered these
as speaking in direct response to the notion that he, as defence counsel for Queen
Caroline in a charge of treason, should constrain his tactics on her behalf in order to preserve
national interest. Brougham argued that, the lawyer’s commitment to the clie
should outweigh any separate concerns about a properly functioning and secure government.
The duty of the lawyer is to save his client by all means and at whatever cost and hazards to
the detriments of all other persons.22 Following Brougham’s notion, some practitioners adopt
empting the initiation of criminal case against their clients by filing fundamental
rights enforcement applications purporting to challenge the procedure of their clients’
and contending that there is no reasonable basis for their clients’
Obtaining injunctions to prevent the prosecution of their client who were involved in
corrupt practices involving stupendous sums of money. But the main object of fi
such applications is to forestall the impending criminal case against their clients.
Devising all kinds of dilatory tactics to kill the case.
Exploiting the rules of court to delay and frustrate the trial of the case.
__
121
ensuring that substantial justice is done, avoid doing anything that will disrepute the court in
the expeditious trial of the case, and not to delay and frustrate or out rightly prevent the trial.
provided for in the rules of
As members of the legal profession, lawyers are public citizens who enjoy
tremendous amount of public trust and confidence from the people who expect them to use
t the aims of law enforcement are not defeated, that
the rights of the accused are observed, and that trial outcomes meet the objective of
protection of the society. One of the major causes of impunity for crimes of corruption in
e lawyers neglected their duties to the court and the society and
conducted their clients’ case beyond the legal limits of their duty to their client. They
advocate duty as a mission to rescue or save their client
It is obvious that most private practitioners adopt the Henry Lord Brougham’s notion
When Lord Brougham uttered these
as speaking in direct response to the notion that he, as defence counsel for Queen
Caroline in a charge of treason, should constrain his tactics on her behalf in order to preserve
national interest. Brougham argued that, the lawyer’s commitment to the client’s interest
should outweigh any separate concerns about a properly functioning and secure government.
The duty of the lawyer is to save his client by all means and at whatever cost and hazards to
notion, some practitioners adopt
empting the initiation of criminal case against their clients by filing fundamental
rights enforcement applications purporting to challenge the procedure of their clients’
and contending that there is no reasonable basis for their clients’
Obtaining injunctions to prevent the prosecution of their client who were involved in
corrupt practices involving stupendous sums of money. But the main object of filing
such applications is to forestall the impending criminal case against their clients.
Exploiting the rules of court to delay and frustrate the trial of the case.
__
122
e. Exercising the right to fair hear
of their clients.
f. Fabricating facts and advising their clients to lie.
g. Overriding their client’s decision to admit to the charge against him and setting up a
false defence.
h. Initiating and negotiating
part of the stolen money.
i. Helping their client to hide the stolen funds from the reach of the investigating
agency.
j. Filing appeals against every of their pre
to delay and frustrate the trial process.
k. Influencing judges to compromise the justice of the case.
l. Harassing, intimidating and blackmailing the judge who refuses to be influenced and
insists on the expeditious disposal of the case.
The lawyer as judge presiding over a criminal case or any case, involving allegation
of corruption by holders of public office has the duty to:
a. Ensure that the trial of a corruption case reflects the objectives of the relevant statute
under which an accused is
society.
b. Ensure that the trial is fair and both the prosecution and defence have equal arms.
c. Ensure that public expectation of legitimate law enforcement is not defeated.
d. Be fully committed to the
pace of the proceedings and not allow any party dictate the pace of the proceedings.
e. Ensure that the trial of the case is not delayed and frustrated by the abuse of court
process or the abuse of the exercise of the right of fair hearing and filibustering.
f. Avoid the issuance of injunctions to prohibit or prevent the investigation and
prosecution of persons reasonably suspected of committing an offence.
g. Ensure an expeditious trial and determinati
h. Not allow the use of court processes to disrupt and frustrate the pre
processes those are lawfully carried out by the competent law enforcement agencies,
such as investigation, arrest, detention, searches and obtaining of wri
from persons. 23 Ibrahim Abdullahi, “Independence of the Judiciary in Nigeria: A Myth or Reality?,” Public Administration and Management Research
Rechtsidee, 3 (2), December 2016
P. ISSN. 2338-8595, E. ISSN. 2443
Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee
DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342
Exercising the right to fair hearing in such a manner as to delay and frustrate the trial
Fabricating facts and advising their clients to lie.
Overriding their client’s decision to admit to the charge against him and setting up a
Initiating and negotiating plea bargains that enable their clients to keep a substantial
part of the stolen money.
Helping their client to hide the stolen funds from the reach of the investigating
Filing appeals against every of their pre-trial applications and on interloc
to delay and frustrate the trial process.
Influencing judges to compromise the justice of the case.
Harassing, intimidating and blackmailing the judge who refuses to be influenced and
insists on the expeditious disposal of the case.23
lawyer as judge presiding over a criminal case or any case, involving allegation
of corruption by holders of public office has the duty to:
Ensure that the trial of a corruption case reflects the objectives of the relevant statute
under which an accused is charged in the particular case and the broad objectives of
Ensure that the trial is fair and both the prosecution and defence have equal arms.
Ensure that public expectation of legitimate law enforcement is not defeated.
Be fully committed to the expeditious trial of the case by having a firm control of the
pace of the proceedings and not allow any party dictate the pace of the proceedings.
Ensure that the trial of the case is not delayed and frustrated by the abuse of court
f the exercise of the right of fair hearing and filibustering.
Avoid the issuance of injunctions to prohibit or prevent the investigation and
prosecution of persons reasonably suspected of committing an offence.
Ensure an expeditious trial and determination of the case.
Not allow the use of court processes to disrupt and frustrate the pre
processes those are lawfully carried out by the competent law enforcement agencies,
such as investigation, arrest, detention, searches and obtaining of wri
dependence of the Judiciary in Nigeria: A Myth or Reality?,” International Journal of
Public Administration and Management Research 2, no. 3 (2014).
December 2016, 115-130
8595, E. ISSN. 2443-3497
http://ojs.umsida.ac.id/index.php/rechtsidee
dx.doi.org/10.21070/jihr.v3i2.342
ing in such a manner as to delay and frustrate the trial
Overriding their client’s decision to admit to the charge against him and setting up a
plea bargains that enable their clients to keep a substantial
Helping their client to hide the stolen funds from the reach of the investigating
trial applications and on interlocutory issues
Harassing, intimidating and blackmailing the judge who refuses to be influenced and
lawyer as judge presiding over a criminal case or any case, involving allegation
Ensure that the trial of a corruption case reflects the objectives of the relevant statute
charged in the particular case and the broad objectives of
Ensure that the trial is fair and both the prosecution and defence have equal arms.
Ensure that public expectation of legitimate law enforcement is not defeated.
expeditious trial of the case by having a firm control of the
pace of the proceedings and not allow any party dictate the pace of the proceedings.
Ensure that the trial of the case is not delayed and frustrated by the abuse of court
f the exercise of the right of fair hearing and filibustering.
Avoid the issuance of injunctions to prohibit or prevent the investigation and
prosecution of persons reasonably suspected of committing an offence.
Not allow the use of court processes to disrupt and frustrate the pre-trial criminal
processes those are lawfully carried out by the competent law enforcement agencies,
such as investigation, arrest, detention, searches and obtaining of written statements
International Journal of
Review Article
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
James Ushie Ebuara
i. Ensure that the trial process takes into account the very serious nature of the crime
and its effect on the welfare of the society.
j. Properly exercise his discretion in granting or refusing to grant bail pending trial. As
was held in the Supreme Court case of
discretion to refuse bail if the court is satisfied that there are substantial grounds for
believing that applicant for bail pending trial would abscond, or interfere with
witnesses or otherwise obstruct the course of justice. The conditions for granting or
refusing bail were expanded in
charge (ii) the strength of the evidence (iii) the severity of the punishment (iv) crime
record of the accused (v) the likelihood that the accused may jump bail (vi) the
capacity of the accused to suppress evidence (vii) the probability of guilt of the
accused (viii) need for protective custody of the accused.
k. Judiciously and judicially exercis
two democratic values of public interest and the accused’s fundamental right to
personal liberty and privacy. These include ensuring that where there is reasonable
basis for suspecting a person of committ
law enforcement is not defeated by freeing the person and ensuring that the accused’s
right to personal liberty and privacy are not violated during arrest, detention or
search.26
What has happened in the past is
discharge the above listed duties.
trial processes caused by the abusive use of procedural rules of court, lengthy and unjustified
adjournments, lack of commitment of the Judge and filibustering.
trial processes to be disputed and delayed or frustrated by the abusive use of the process to
challenge the legality of such pre
detention, and taking of written statements. Thus, in Nigeria, once a person is suspected of
having stolen public fund or abused his office in a manner that is inimical to the interest of 24 (2002) LPLR at 15. 25 (2007) 5-6 SC at 150. 26 Matthew Burkaa, “The Role of the Judiciary in Combating Corruption in Nigeria,” in Citizens’ Access to Justice on Tuesday 25th September
Courts Ethics, 2012). View Item 27 Eme Okechukwu I, “Strategies for Winning War Against Politically Exposed Persons in Nigeria,” Singaporean Journal of Business Economics, and Management Studies
Google Scholar 28 Ibrahim Lamorde, “Adopting Strategies for the Speedy Dispensation of Corruption Cases: ThFinancial Crime Commission’s Position,” in 2015, (Abuja, 2015). pp. 2-5.
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
Ensure that the trial process takes into account the very serious nature of the crime
and its effect on the welfare of the society.
Properly exercise his discretion in granting or refusing to grant bail pending trial. As
held in the Supreme Court case of Abacha v. State24 that the trial court has the
discretion to refuse bail if the court is satisfied that there are substantial grounds for
believing that applicant for bail pending trial would abscond, or interfere with
nesses or otherwise obstruct the course of justice. The conditions for granting or
refusing bail were expanded in Dokubo-Asariv.FRN25 to include (i) the nature of the
charge (ii) the strength of the evidence (iii) the severity of the punishment (iv) crime
ecord of the accused (v) the likelihood that the accused may jump bail (vi) the
capacity of the accused to suppress evidence (vii) the probability of guilt of the
accused (viii) need for protective custody of the accused.
Judiciously and judicially exercise his discretion in resolving conflicts between the
two democratic values of public interest and the accused’s fundamental right to
personal liberty and privacy. These include ensuring that where there is reasonable
basis for suspecting a person of committing a crime, public expectation of legitimate
law enforcement is not defeated by freeing the person and ensuring that the accused’s
right to personal liberty and privacy are not violated during arrest, detention or
What has happened in the past is that in most cases, the judges did not observe and
discharge the above listed duties.27 Many cases were easily frustrated by undue delay in the
trial processes caused by the abusive use of procedural rules of court, lengthy and unjustified
ck of commitment of the Judge and filibustering.28 Some judges allowed pre
trial processes to be disputed and delayed or frustrated by the abusive use of the process to
challenge the legality of such pre-trial processes, such as investigation, search, arres
detention, and taking of written statements. Thus, in Nigeria, once a person is suspected of
having stolen public fund or abused his office in a manner that is inimical to the interest of
Matthew Burkaa, “The Role of the Judiciary in Combating Corruption in Nigeria,” in Integrity and Improving
s to Justice on Tuesday 25th September (SERAP MEDIA ROUNDATABLE on Magistrate
Eme Okechukwu I, “Strategies for Winning War Against Politically Exposed Persons in Nigeria,” Singaporean Journal of Business Economics, and Management Studies 1, no. 11 (2013): 60
Ibrahim Lamorde, “Adopting Strategies for the Speedy Dispensation of Corruption Cases: ThFinancial Crime Commission’s Position,” in Nigerian Bar Association Annual General Conference, 24th August
__
123
Ensure that the trial process takes into account the very serious nature of the crime
Properly exercise his discretion in granting or refusing to grant bail pending trial. As
that the trial court has the
discretion to refuse bail if the court is satisfied that there are substantial grounds for
believing that applicant for bail pending trial would abscond, or interfere with
nesses or otherwise obstruct the course of justice. The conditions for granting or
to include (i) the nature of the
charge (ii) the strength of the evidence (iii) the severity of the punishment (iv) crime
ecord of the accused (v) the likelihood that the accused may jump bail (vi) the
capacity of the accused to suppress evidence (vii) the probability of guilt of the
e his discretion in resolving conflicts between the
two democratic values of public interest and the accused’s fundamental right to
personal liberty and privacy. These include ensuring that where there is reasonable
ing a crime, public expectation of legitimate
law enforcement is not defeated by freeing the person and ensuring that the accused’s
right to personal liberty and privacy are not violated during arrest, detention or
that in most cases, the judges did not observe and
Many cases were easily frustrated by undue delay in the
trial processes caused by the abusive use of procedural rules of court, lengthy and unjustified
Some judges allowed pre-
trial processes to be disputed and delayed or frustrated by the abusive use of the process to
trial processes, such as investigation, search, arrest,
detention, and taking of written statements. Thus, in Nigeria, once a person is suspected of
having stolen public fund or abused his office in a manner that is inimical to the interest of
Integrity and Improving
(SERAP MEDIA ROUNDATABLE on Magistrate
Eme Okechukwu I, “Strategies for Winning War Against Politically Exposed Persons in Nigeria,” 1, no. 11 (2013): 60–82. View Item
Ibrahim Lamorde, “Adopting Strategies for the Speedy Dispensation of Corruption Cases: The Economic and Nigerian Bar Association Annual General Conference, 24th August
__
124
society, he rushes to court to file a suit challenging the pre
Such suits are an abuse of process. The effect is that they disrupt and out rightly frustrate the
pre-trial processes by their delayed and protracted hearing and determination. In fact, some of
those cases resulted in the issuance of glaringly unjustified injunctions permanently stopping
the continuation of the pre-trial process and prosecution of persons reasonably suspected of
having committed an offence.
search or arrest and detention of a person reasonably suspected of committing an offence or
the prosecution of such a person for the offence is an abuse of judicial power that disrepute
the court and the due administration of criminal law. It arouses in the
betrayal by the court.
In the few cases that have been tried to conclusion in Nigeria, upon conviction, the
judges impose sentences without regard to trial principles of punishment in criminal law
which requires that sentences must
circumstances of the case and the impact of the offence on the wellbeing of society.
effect of such sentencing pattern on the part of judges is to make a mockery of the entire trial
process and deceive the public that the accused has been tried and punished.
glaringly amount to helping the convict escape proper accountability for his crime against the
people. At the same time, these judgments often fail to recover and restore th
funds thereby allowing the culprits to benefit from the proceeds of their wrongdoing while
leaving the people who are the victims of crime without justice.
prosecutor, the defence counsel and the judge to discharge their
process in respect of corruption cases in Nigeria is responsible for the failed prosecution and
trial of corruption cases and inefficient enforcement of anti
impunity and kleptocracy.34
It is clear that the legal profession can positively impact on the anti
crusade in Nigeria only if members of the profession are able to balance the democratic value
of fair trial in criminal cases with and legitimate public expectation of law enforcement 29 For example the cases of Prince AbubakarAudu v. Economic and Financial Crimes Commission and Executive Chairman, Economic and Financial Crimes Commission, Federal High Court of Nigeria, Suit No. FHC/KD/CS/110/2006. 30 Access to Justice, “The EFCC Lifts the Lid on Corruption in the Judiciary,” Observatory, 2016. pp.1-15. View Item31 Tosin Osasona, “Time to Reform Nigeria ’ S Criminal Justice System,” 3, no. 2 (2015): 73–79. View Item Google Scholar32 Financial Crimes Commission, “Corruption on Trial?The Record of Nigeria’s Economic and Financial Crimes Commission” (August, New York, 2011)33 Sherriff Folarin, “Corruption, Politics and Governance in Nigeria,” n.d.34 Justice, “The EFCC Lifts the Lid on Corruption in the Judiciary.”
Rechtsidee, 3 (2), December 2016
P. ISSN. 2338-8595, E. ISSN. 2443
Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee
DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342
society, he rushes to court to file a suit challenging the pre-trial process and seeking to stop it.
Such suits are an abuse of process. The effect is that they disrupt and out rightly frustrate the
trial processes by their delayed and protracted hearing and determination. In fact, some of
e issuance of glaringly unjustified injunctions permanently stopping
trial process and prosecution of persons reasonably suspected of
having committed an offence.2930 The issuance of an injunction to prevent the investigation or
earch or arrest and detention of a person reasonably suspected of committing an offence or
the prosecution of such a person for the offence is an abuse of judicial power that disrepute
the court and the due administration of criminal law. It arouses in the public the feeling of
In the few cases that have been tried to conclusion in Nigeria, upon conviction, the
judges impose sentences without regard to trial principles of punishment in criminal law
which requires that sentences must have regard to the accused, the nature of the offence, the
circumstances of the case and the impact of the offence on the wellbeing of society.
effect of such sentencing pattern on the part of judges is to make a mockery of the entire trial
d deceive the public that the accused has been tried and punished.
glaringly amount to helping the convict escape proper accountability for his crime against the
people. At the same time, these judgments often fail to recover and restore th
funds thereby allowing the culprits to benefit from the proceeds of their wrongdoing while
leaving the people who are the victims of crime without justice. 33 The failure of the
prosecutor, the defence counsel and the judge to discharge their respective duties in criminal
process in respect of corruption cases in Nigeria is responsible for the failed prosecution and
trial of corruption cases and inefficient enforcement of anti-corruption laws, resulting in
r that the legal profession can positively impact on the anti
crusade in Nigeria only if members of the profession are able to balance the democratic value
of fair trial in criminal cases with and legitimate public expectation of law enforcement
For example the cases of Prince AbubakarAudu v. Economic and Financial Crimes Commission and ive Chairman, Economic and Financial Crimes Commission, Federal High Court of Nigeria, Suit No.
Access to Justice, “The EFCC Lifts the Lid on Corruption in the Judiciary,” The International Juvenile Justice
View Item Tosin Osasona, “Time to Reform Nigeria ’ S Criminal Justice System,” Journal of Law and Criminal Justice
Google Scholar Crossref Financial Crimes Commission, “Corruption on Trial?The Record of Nigeria’s Economic and Financial
sion” (August, New York, 2011). pp.31-34. View Item Sherriff Folarin, “Corruption, Politics and Governance in Nigeria,” n.d. pp. 14-20. View ItemJustice, “The EFCC Lifts the Lid on Corruption in the Judiciary.” p. 28.
December 2016, 115-130
8595, E. ISSN. 2443-3497
http://ojs.umsida.ac.id/index.php/rechtsidee
dx.doi.org/10.21070/jihr.v3i2.342
ial process and seeking to stop it.
Such suits are an abuse of process. The effect is that they disrupt and out rightly frustrate the
trial processes by their delayed and protracted hearing and determination. In fact, some of
e issuance of glaringly unjustified injunctions permanently stopping
trial process and prosecution of persons reasonably suspected of
The issuance of an injunction to prevent the investigation or
earch or arrest and detention of a person reasonably suspected of committing an offence or
the prosecution of such a person for the offence is an abuse of judicial power that disrepute
public the feeling of
In the few cases that have been tried to conclusion in Nigeria, upon conviction, the
judges impose sentences without regard to trial principles of punishment in criminal law
have regard to the accused, the nature of the offence, the
circumstances of the case and the impact of the offence on the wellbeing of society.31 The
effect of such sentencing pattern on the part of judges is to make a mockery of the entire trial
d deceive the public that the accused has been tried and punished.32 Such sentences
glaringly amount to helping the convict escape proper accountability for his crime against the
people. At the same time, these judgments often fail to recover and restore the stolen public
funds thereby allowing the culprits to benefit from the proceeds of their wrongdoing while
The failure of the
respective duties in criminal
process in respect of corruption cases in Nigeria is responsible for the failed prosecution and
corruption laws, resulting in
r that the legal profession can positively impact on the anti-corruption
crusade in Nigeria only if members of the profession are able to balance the democratic value
of fair trial in criminal cases with and legitimate public expectation of law enforcement and
For example the cases of Prince AbubakarAudu v. Economic and Financial Crimes Commission and ive Chairman, Economic and Financial Crimes Commission, Federal High Court of Nigeria, Suit No.
The International Juvenile Justice
Journal of Law and Criminal Justice
Financial Crimes Commission, “Corruption on Trial?The Record of Nigeria’s Economic and Financial
View Item
Review Article
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
James Ushie Ebuara
public interest. A defence counsel should not view justice from only the narrow point of his
client; justice should be for the accused, the state who is the custodian of public interest and
the society who have been deprived of the benefits of governa
stated the principle of justice in his philosophical conceptualization of justice, by
emphasizing the strict application of the trinity of justice in the determination of criminal
trials.3536 The trial process must reflect the co
common experience is that the defence counsel focuses only on rescuing his client from the
criminal process and disregards the glaring pervasive impact of the crime on society. While
counsel is entitled to represent an accused in a criminal case and not refuse to do so because
of the horrific nature of the alleged crime, he is not to seek to win at all cost or hold himself
out as being on a mission to rescue the accused from justice. He must not sabotage the due
and expeditious process and justice of the case.
It should be noted that the conduct of lawyers in corruption cases in Nigeria has led to
public distrust, contempt and hostility towards the profession. Although, hostility towards the
legal profession on account of misconduct of practitioners is a worldwide phenomenon,
members of the profession in Nigeria frequently escape any sanction for their misconduct.
For example, the legal profession was abolished in Prussia in 1780 and in France in 1789,
though both countries eventually realized that their judicial systems could not function
efficiently without lawyers.39
and the United States in the 1840s, Germany in the 1910s and in Australia, Canada, and
Scotland in the 1980s. Public distrust of lawyers reached record heights in the United States
after the Watergate scandal. In the aftermath of Watergate, legal self
popular among those who wished to solve their legal problems without having
lawyers. Lawyer jokes (already a perennial favourite) also soared in popularity in English
speaking North America as a result of Watergate. In 1989, American legal self
Nolo press published a 171-
throughout human history.40
35 The case of Godwin Josiah v. The State36 J. U. Ebuara, “Victims of Crime under Nigerian Law: An Appraisal” (University of Jos, 2002).37 Ibrahim Abdullahi Frhd, “The Role of Legal Practitioners in the Fight against Corruption in Nigeria,” International Journal of Innovative Legal & Political Studies38 Ibrahim Tanko Muhammad, “That This Profession May Not DieJournal of Sustainable Development Law and Policy39 Agim, The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling
Kleptocracy and Promoting Genuine Democratic Governance40Andrew Roth, Jonathan P. Roth, and Barbara Kate Repa, Lawyers (Berkeley: CA: Nolo Press, 1989)
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
public interest. A defence counsel should not view justice from only the narrow point of his
client; justice should be for the accused, the state who is the custodian of public interest and
the society who have been deprived of the benefits of governance. Oputa JSC (as then was)
stated the principle of justice in his philosophical conceptualization of justice, by
emphasizing the strict application of the trinity of justice in the determination of criminal
The trial process must reflect the consideration of the two sets of values. The
common experience is that the defence counsel focuses only on rescuing his client from the
criminal process and disregards the glaring pervasive impact of the crime on society. While
nt an accused in a criminal case and not refuse to do so because
of the horrific nature of the alleged crime, he is not to seek to win at all cost or hold himself
out as being on a mission to rescue the accused from justice. He must not sabotage the due
d expeditious process and justice of the case.37
It should be noted that the conduct of lawyers in corruption cases in Nigeria has led to
public distrust, contempt and hostility towards the profession. Although, hostility towards the
account of misconduct of practitioners is a worldwide phenomenon,
members of the profession in Nigeria frequently escape any sanction for their misconduct.
For example, the legal profession was abolished in Prussia in 1780 and in France in 1789,
th countries eventually realized that their judicial systems could not function
Complaints about too many lawyers were common in England
and the United States in the 1840s, Germany in the 1910s and in Australia, Canada, and
otland in the 1980s. Public distrust of lawyers reached record heights in the United States
after the Watergate scandal. In the aftermath of Watergate, legal self-help books became
popular among those who wished to solve their legal problems without having
lawyers. Lawyer jokes (already a perennial favourite) also soared in popularity in English
speaking North America as a result of Watergate. In 1989, American legal self
-page compilation of negative anecdotes about lawyers from
In “Adventures in Law and Justice”, legal researcher Bryan
Godwin Josiah v. The State (supra). J. U. Ebuara, “Victims of Crime under Nigerian Law: An Appraisal” (University of Jos, 2002).Ibrahim Abdullahi Frhd, “The Role of Legal Practitioners in the Fight against Corruption in Nigeria,”
national Journal of Innovative Legal & Political Studies 4, no. 3 (2016): 25–33. View ItemIbrahim Tanko Muhammad, “That This Profession May Not Die : The Need to Flush Out M
Journal of Sustainable Development Law and Policy 5, no. 1 (2015): 219–41. View Item The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling
Kleptocracy and Promoting Genuine Democratic Governance. p. 4. Andrew Roth, Jonathan P. Roth, and Barbara Kate Repa, Devil’s Advocates: The Unnatural History of
Press, 1989). View Item
__
125
public interest. A defence counsel should not view justice from only the narrow point of his
client; justice should be for the accused, the state who is the custodian of public interest and
nce. Oputa JSC (as then was)
stated the principle of justice in his philosophical conceptualization of justice, by
emphasizing the strict application of the trinity of justice in the determination of criminal
nsideration of the two sets of values. The
common experience is that the defence counsel focuses only on rescuing his client from the
criminal process and disregards the glaring pervasive impact of the crime on society. While
nt an accused in a criminal case and not refuse to do so because
of the horrific nature of the alleged crime, he is not to seek to win at all cost or hold himself
out as being on a mission to rescue the accused from justice. He must not sabotage the due
It should be noted that the conduct of lawyers in corruption cases in Nigeria has led to
public distrust, contempt and hostility towards the profession. Although, hostility towards the
account of misconduct of practitioners is a worldwide phenomenon,
members of the profession in Nigeria frequently escape any sanction for their misconduct.38
For example, the legal profession was abolished in Prussia in 1780 and in France in 1789,
th countries eventually realized that their judicial systems could not function
Complaints about too many lawyers were common in England
and the United States in the 1840s, Germany in the 1910s and in Australia, Canada, and
otland in the 1980s. Public distrust of lawyers reached record heights in the United States
help books became
popular among those who wished to solve their legal problems without having to deal with
lawyers. Lawyer jokes (already a perennial favourite) also soared in popularity in English-
speaking North America as a result of Watergate. In 1989, American legal self-help publisher
ecdotes about lawyers from
In “Adventures in Law and Justice”, legal researcher Bryan
J. U. Ebuara, “Victims of Crime under Nigerian Law: An Appraisal” (University of Jos, 2002). Ibrahim Abdullahi Frhd, “The Role of Legal Practitioners in the Fight against Corruption in Nigeria,”
View Item Google Scholar : The Need to Flush Out Miscreants,”
The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling
Devil’s Advocates: The Unnatural History of
__
126
Horrigan dedicated a chapter to “Myths, Fictions, and Realities” about law illustrating the
perennial criticism of lawyers as ‘amoral guns for
Comparative Study”, law professor Geoffrey C. Hazard, with Angelo Dondi briefly examined
the “regulations attempting to suppress lawyer misconduct” and noted that their similarity
around the world was paralleled
grievances’ about lawyers that transcends both time and locale, from the Bible to medieval
England to dynastic China.42
using dilatory tactics and false evidence and making frivolous arguments to the courts;
preparation of false documentation, such as false deeds, contracts, or wills; deceiving clients
and other persons and misappropriating property; procrastination in dealings with clients; and
charging excess fees.43 In Ghana during the Jerry Rawlings revolution, there was public
hostility against the legal profession because the lawyers and judges were regarded as
responsible for the reign of impunity and the resulting kleptocracy in Ghana. Four
judges were extra-judicially executed by the revolutionaries, however, many lawyers escaped
to neighbouring West African states.
It should be noted that the unethical practices and obviously unreasonable decisions in
cases of public office corruption by members of the legal profession have created the
pervasive impunity and kleptocracy in the country. Having created this unpleasant situation
that has glaringly endangered the well
lawyers must collectively work towards adhering to ethical standards in the profession,
especially in criminal cases. They must adopt the best ethical practices that would facilitate
expeditious, fair and just trial of corruption cases in order to change the wide h
perception that they connive with perpetrators and beneficiaries of the menace. The right of a
citizen of a country to benefit from the country’s resources is the most important of all his
rights.45 Without it all his constitutional, fundamental
Experience has demonstrated that deprivation of the rights of citizens to the use of their
country’s resources exposes them to dehumanization, pauperization, hopelessness, and
renders them vulnerable to manipulation
41 Bryan Horrigan, Adventures in Law and Justice: Exploring Big Legal Questions in Everyday Life
Press, 2003). View Item 42 Geoffrey C. Hazard and Angelo Dondi, p.302. View Item 43 B. Hazarika, “Role of Lawyer in the Society: A Critical Analysis,” Item Google Scholar 44 Agim, The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling
Kleptocracy and Promoting Genuine Democratic Governance45 Section 14(2) (b) of the 1999 Constitution as amended.
Rechtsidee, 3 (2), December 2016
P. ISSN. 2338-8595, E. ISSN. 2443
Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee
DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342
Horrigan dedicated a chapter to “Myths, Fictions, and Realities” about law illustrating the
perennial criticism of lawyers as ‘amoral guns for hire’.41 More generally, in “Legal Ethics: A
Comparative Study”, law professor Geoffrey C. Hazard, with Angelo Dondi briefly examined
the “regulations attempting to suppress lawyer misconduct” and noted that their similarity
around the world was paralleled by ‘remarkable consistency’ in certain ‘persistent
grievances’ about lawyers that transcends both time and locale, from the Bible to medieval
42 These include abuse of litigation in various ways, including
d false evidence and making frivolous arguments to the courts;
preparation of false documentation, such as false deeds, contracts, or wills; deceiving clients
and other persons and misappropriating property; procrastination in dealings with clients; and
In Ghana during the Jerry Rawlings revolution, there was public
hostility against the legal profession because the lawyers and judges were regarded as
responsible for the reign of impunity and the resulting kleptocracy in Ghana. Four
judicially executed by the revolutionaries, however, many lawyers escaped
to neighbouring West African states.44
It should be noted that the unethical practices and obviously unreasonable decisions in
uption by members of the legal profession have created the
pervasive impunity and kleptocracy in the country. Having created this unpleasant situation
that has glaringly endangered the well-being of the citizenry and the existence of our country,
ust collectively work towards adhering to ethical standards in the profession,
especially in criminal cases. They must adopt the best ethical practices that would facilitate
expeditious, fair and just trial of corruption cases in order to change the wide h
perception that they connive with perpetrators and beneficiaries of the menace. The right of a
citizen of a country to benefit from the country’s resources is the most important of all his
Without it all his constitutional, fundamental and other legal rights become illusory.
Experience has demonstrated that deprivation of the rights of citizens to the use of their
country’s resources exposes them to dehumanization, pauperization, hopelessness, and
renders them vulnerable to manipulation by a small cabal of corrupt officials.
Adventures in Law and Justice: Exploring Big Legal Questions in Everyday Life
Geoffrey C. Hazard and Angelo Dondi, Legal Ethics: A Comparative Study (Stanford University Press, 2004).
B. Hazarika, “Role of Lawyer in the Society: A Critical Analysis,” The Clarion 1, no. 1 (2012): 148
The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling
Kleptocracy and Promoting Genuine Democratic Governance. p.26. 14(2) (b) of the 1999 Constitution as amended.
December 2016, 115-130
8595, E. ISSN. 2443-3497
http://ojs.umsida.ac.id/index.php/rechtsidee
dx.doi.org/10.21070/jihr.v3i2.342
Horrigan dedicated a chapter to “Myths, Fictions, and Realities” about law illustrating the
More generally, in “Legal Ethics: A
Comparative Study”, law professor Geoffrey C. Hazard, with Angelo Dondi briefly examined
the “regulations attempting to suppress lawyer misconduct” and noted that their similarity
by ‘remarkable consistency’ in certain ‘persistent
grievances’ about lawyers that transcends both time and locale, from the Bible to medieval
These include abuse of litigation in various ways, including
d false evidence and making frivolous arguments to the courts;
preparation of false documentation, such as false deeds, contracts, or wills; deceiving clients
and other persons and misappropriating property; procrastination in dealings with clients; and
In Ghana during the Jerry Rawlings revolution, there was public
hostility against the legal profession because the lawyers and judges were regarded as
responsible for the reign of impunity and the resulting kleptocracy in Ghana. Four High court
judicially executed by the revolutionaries, however, many lawyers escaped
It should be noted that the unethical practices and obviously unreasonable decisions in
uption by members of the legal profession have created the
pervasive impunity and kleptocracy in the country. Having created this unpleasant situation
being of the citizenry and the existence of our country,
ust collectively work towards adhering to ethical standards in the profession,
especially in criminal cases. They must adopt the best ethical practices that would facilitate
expeditious, fair and just trial of corruption cases in order to change the wide held public
perception that they connive with perpetrators and beneficiaries of the menace. The right of a
citizen of a country to benefit from the country’s resources is the most important of all his
and other legal rights become illusory.
Experience has demonstrated that deprivation of the rights of citizens to the use of their
country’s resources exposes them to dehumanization, pauperization, hopelessness, and
by a small cabal of corrupt officials.
Adventures in Law and Justice: Exploring Big Legal Questions in Everyday Life (UNSW
(Stanford University Press, 2004).
1, no. 1 (2012): 148–52. View
The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling
Review Article
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
James Ushie Ebuara
3. Conclusion
Nigeria is ranked among the most corrupt nations in the world.
as well as the public suffer a great deal of discomfort on this unenviable status to which our
nation has deteriorated. Political leaders over the years paid lip service to eliminating
corruption. The present leadership has however, vowed to deal decisively with corruption and
corrupt practices. The crucial question we have attempted to answer in this paper is what role
the legal profession has to play in the renewed effort at eliminating corruption. The paper
found that members of the legal profession have been implicated in many corruption cases in
Nigeria and that this happened because lawyers including judges have fa
ethical standards in the profession while the mechanism of enforcement of these standards is
lacking. The paper therefore suggested new practices which members of the legal profession
must implement in dealing with cases involving officia
of the roles of the prosecutor, the defence counsel and the judge. Indeed, the paper concludes
that the anti-corruption crusade of the present government would not succeed if the conduct
and practices of members of th
suggestions of the paper.
Bibliography
Journal:
Afolabi, Oluwaseun Olawale. “The Role of Religion in Nigerian Politics and Its Sustainability for Political Development.” (2015): 42–49. View Item
Anaedozie, Florence. “Is Grand Corruption the Cancer of Nigeria? A Critical Dis
the Light of an Exchange of Presidential Letters.” 5 (February 29, 2016): 1857
Dori, Nasir Ahmad Sarkin. “Nexus between Causes, Dimensions, Adverse Effects and
Solutions of Corruption in Nigeria.” Development 4, no. 3 (2016): 82
Frhd, Ibrahim Abdullahi. “The Role of Legal Practitioners in the Fight against Corruption in
Nigeria.” International Journal of Innovative Legal & Political Studies
(2016): 25–33. View Item Hazarika, B. “Role of Lawyer in the Society: A Critical Analysis.”
(2012): 148–52. View Item I, Eme Okechukwu. “Strategies for Winning War Against Politically Exposed Persons in
Nigeria.” Singaporean Journal of Business Economics, and Management Studies
no. 11 (2013): 60–82.
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
Nigeria is ranked among the most corrupt nations in the world. Their
as well as the public suffer a great deal of discomfort on this unenviable status to which our
ed. Political leaders over the years paid lip service to eliminating
corruption. The present leadership has however, vowed to deal decisively with corruption and
corrupt practices. The crucial question we have attempted to answer in this paper is what role
the legal profession has to play in the renewed effort at eliminating corruption. The paper
found that members of the legal profession have been implicated in many corruption cases in
Nigeria and that this happened because lawyers including judges have fa
ethical standards in the profession while the mechanism of enforcement of these standards is
lacking. The paper therefore suggested new practices which members of the legal profession
must implement in dealing with cases involving official corruption in Nigeria in the context
of the roles of the prosecutor, the defence counsel and the judge. Indeed, the paper concludes
corruption crusade of the present government would not succeed if the conduct
and practices of members of the legal profession are not overhauled in line with the
Afolabi, Oluwaseun Olawale. “The Role of Religion in Nigerian Politics and Its Sustainability for Political Development.” Net Journal of Social Science S
View Item Google Scholar
Anaedozie, Florence. “Is Grand Corruption the Cancer of Nigeria? A Critical Disthe Light of an Exchange of Presidential Letters.” European Scientific Journal
5 (February 29, 2016): 1857–7881. Google Scholar Crossref
Dori, Nasir Ahmad Sarkin. “Nexus between Causes, Dimensions, Adverse Effects and Solutions of Corruption in Nigeria.” International Journal of Political Science and
4, no. 3 (2016): 82–97. doi:10.14662/IJPSD2016.021.
Frhd, Ibrahim Abdullahi. “The Role of Legal Practitioners in the Fight against Corruption in International Journal of Innovative Legal & Political Studies
View Item Google Scholar
Lawyer in the Society: A Critical Analysis.” The Clarion
View Item Google Scholar
I, Eme Okechukwu. “Strategies for Winning War Against Politically Exposed Persons in Singaporean Journal of Business Economics, and Management Studies
View Item Google Scholar
__
127
Their political leaders
as well as the public suffer a great deal of discomfort on this unenviable status to which our
ed. Political leaders over the years paid lip service to eliminating
corruption. The present leadership has however, vowed to deal decisively with corruption and
corrupt practices. The crucial question we have attempted to answer in this paper is what role
the legal profession has to play in the renewed effort at eliminating corruption. The paper
found that members of the legal profession have been implicated in many corruption cases in
Nigeria and that this happened because lawyers including judges have failed to adhere to
ethical standards in the profession while the mechanism of enforcement of these standards is
lacking. The paper therefore suggested new practices which members of the legal profession
l corruption in Nigeria in the context
of the roles of the prosecutor, the defence counsel and the judge. Indeed, the paper concludes
corruption crusade of the present government would not succeed if the conduct
e legal profession are not overhauled in line with the
Afolabi, Oluwaseun Olawale. “The Role of Religion in Nigerian Politics and Its Net Journal of Social Science S 3, no. 2
Anaedozie, Florence. “Is Grand Corruption the Cancer of Nigeria? A Critical Discussion in European Scientific Journal 12, no.
Dori, Nasir Ahmad Sarkin. “Nexus between Causes, Dimensions, Adverse Effects and International Journal of Political Science and
97. doi:10.14662/IJPSD2016.021. Crossref
Frhd, Ibrahim Abdullahi. “The Role of Legal Practitioners in the Fight against Corruption in International Journal of Innovative Legal & Political Studies 4, no. 3
The Clarion 1, no. 1
I, Eme Okechukwu. “Strategies for Winning War Against Politically Exposed Persons in Singaporean Journal of Business Economics, and Management Studies 1,
__
128
Ibrahim Abdullahi. “Independence of the Judiciary in Nigeria: A Myth or Reality?” International Journal of Public Administration and Management Research
(2014). Justice, Access to. “The EFCC Lifts the Lid on Corruption in the Judiciary.”
International Juvenile Justice Observatory
Muhammad, Ibrahim Tanko. “That This Profession May Not Die
Miscreants.” Journal of Sustainable Deve
219–41. View Item Ogunode, Sunday Abraham. “Criminal Justice System in Nigeria: For the Rich or the Poor?”
Humanities and Social
Osasona, Tosin. “Time to Reform Nigeria ’ S Criminal Justice System.”
Criminal Justice 3, no. 2 (2015): 73 Samuel, Sunday Eneojo, Oluseyi Aju, and Moses Elaigwu. “Implication of Economic and
Financial Crimes Commission and Corruption on the Consolidation of Democracy and Sustainable Development and Growth in Nigeria from 2004Poverty, Investment and Development
Zacharias, Fred C. “True Confessions About the Role of Lawyers in a Democracy.”
Law Review 77, no. 6 (2009): 1591
Proceeding:
Agim, E. A. The Role of the Lawyers in Stopping Impunity for Government Office
Corruption, Dismantling Kleptocracy and Promoting Genuine Democratic
Governance. Nigerian Bar Association, Ogoja and Ikom branches: Annual Law Week Presentation, n.d.
Burkaa, Matthew. “The Role of the Judiciary in Combating Corruption in Nigeria.” In
Integrity and Improving Citizens’ Access to Justice on Tuesday 25th September
SERAP MEDIA ROUNDATABLE on Magistrate Courts Ethics, 2012. Lamorde, Ibrahim. “Adopting Strategies for the Speedy Dispensation of Corruption Cases:
The Economic and Financial Crime Commission’s Position.” In Association Annual General Conference, 24th August 2015,
Theses:
Ebuara, J. U. “Victims of Crime under Nigerian Law: An Appraisal.” University of Jos, 2002.
Books:
Hazard, Geoffrey C., and Angelo Dondi. University Press, 2004.
Horrigan, Bryan. Adventures in Law and Justice: Exploring Big Legal Questions in Everyday
Life. UNSW Press, 2003. Roth, Andrew, Jonathan P. Roth, and Barbara Kate Repa.
Rechtsidee, 3 (2), December 2016
P. ISSN. 2338-8595, E. ISSN. 2443
Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee
DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342
ullahi. “Independence of the Judiciary in Nigeria: A Myth or Reality?” International Journal of Public Administration and Management Research
Justice, Access to. “The EFCC Lifts the Lid on Corruption in the Judiciary.” uvenile Justice Observatory, 2016. View Item
Muhammad, Ibrahim Tanko. “That This Profession May Not Die : The Need to Flush Out Journal of Sustainable Development Law and Policy
Ogunode, Sunday Abraham. “Criminal Justice System in Nigeria: For the Rich or the Poor?” Humanities and Social Sciences Review 4, no. 1 (2015): 27–39.
Osasona, Tosin. “Time to Reform Nigeria ’ S Criminal Justice System.” Journal of Law and
3, no. 2 (2015): 73–79. View Item Google Scholar
Samuel, Sunday Eneojo, Oluseyi Aju, and Moses Elaigwu. “Implication of Economic and Financial Crimes Commission and Corruption on the Consolidation of Democracy and Sustainable Development and Growth in Nigeria from 2004
nt and Development 4 (2014): 19–36. View Item
Zacharias, Fred C. “True Confessions About the Role of Lawyers in a Democracy.” 77, no. 6 (2009): 1591–1609. View Item Google Scholar
The Role of the Lawyers in Stopping Impunity for Government Office
Dismantling Kleptocracy and Promoting Genuine Democratic
. Nigerian Bar Association, Ogoja and Ikom branches: Annual Law Week
Burkaa, Matthew. “The Role of the Judiciary in Combating Corruption in Nigeria.” In proving Citizens’ Access to Justice on Tuesday 25th September
SERAP MEDIA ROUNDATABLE on Magistrate Courts Ethics, 2012.
Lamorde, Ibrahim. “Adopting Strategies for the Speedy Dispensation of Corruption Cases: The Economic and Financial Crime Commission’s Position.” In Association Annual General Conference, 24th August 2015,. Abuja, 2015.
“Victims of Crime under Nigerian Law: An Appraisal.” University of Jos, 2002.
Hazard, Geoffrey C., and Angelo Dondi. Legal Ethics: A Comparative Study
University Press, 2004. View Item
Adventures in Law and Justice: Exploring Big Legal Questions in Everyday
. UNSW Press, 2003. View Item
Roth, Andrew, Jonathan P. Roth, and Barbara Kate Repa. Devil’s Advocates: The Unnatural
December 2016, 115-130
8595, E. ISSN. 2443-3497
http://ojs.umsida.ac.id/index.php/rechtsidee
dx.doi.org/10.21070/jihr.v3i2.342
ullahi. “Independence of the Judiciary in Nigeria: A Myth or Reality?”
International Journal of Public Administration and Management Research 2, no. 3
Justice, Access to. “The EFCC Lifts the Lid on Corruption in the Judiciary.” The
: The Need to Flush Out lopment Law and Policy 5, no. 1 (2015):
Ogunode, Sunday Abraham. “Criminal Justice System in Nigeria: For the Rich or the Poor?”
Journal of Law and
Google Scholar Crossref
Samuel, Sunday Eneojo, Oluseyi Aju, and Moses Elaigwu. “Implication of Economic and Financial Crimes Commission and Corruption on the Consolidation of Democracy and Sustainable Development and Growth in Nigeria from 2004-2008.” Journal of
Google Scholar
Zacharias, Fred C. “True Confessions About the Role of Lawyers in a Democracy.” Fordham
Google Scholar
The Role of the Lawyers in Stopping Impunity for Government Office
Dismantling Kleptocracy and Promoting Genuine Democratic
. Nigerian Bar Association, Ogoja and Ikom branches: Annual Law Week
Burkaa, Matthew. “The Role of the Judiciary in Combating Corruption in Nigeria.” In proving Citizens’ Access to Justice on Tuesday 25th September.
SERAP MEDIA ROUNDATABLE on Magistrate Courts Ethics, 2012. View Item
Lamorde, Ibrahim. “Adopting Strategies for the Speedy Dispensation of Corruption Cases: The Economic and Financial Crime Commission’s Position.” In Nigerian Bar
. Abuja, 2015.
“Victims of Crime under Nigerian Law: An Appraisal.” University of Jos, 2002.
Legal Ethics: A Comparative Study. Stanford
Adventures in Law and Justice: Exploring Big Legal Questions in Everyday
Devil’s Advocates: The Unnatural
Review Article
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
James Ushie Ebuara
History of Lawyers. Berkeley: CA: Nolo Pres
Legal Documents:
Economic and Financial Crimes Commission, Federal High Court of Nigeria, Suit No. FHC/KD/CS/110/2006
Godwin Josiah v. The State (1985) 1 NWLR 125. The Constitution of the federal Republic of Nigeria 1999
Newspaper
“23rd February, 2016.” Premium Times
“419 of Friday September 3.” “Corrupt Persons in Legislature, Judiciary
2016. “Dasukigate: ‘Who Got What’ from $2.1bn Arms Deal?” “Friday September 16.” This Day Newspaper
Internet Reference
Commission, Financial Crimes. “Corruption on Trial?The Record of Nigeria’s Economic and Financial Crimes Commission.” August, New York, 2011.
Folarin, Sherriff. “Corruption, Politics and Governance in Nigeria,” n.d.
The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria
. Berkeley: CA: Nolo Press, 1989. View Item
Economic and Financial Crimes Commission, Federal High Court of Nigeria, Suit No. FHC/KD/CS/110/2006
(1985) 1 NWLR 125.
The Constitution of the federal Republic of Nigeria 1999
Premium Times, February 23, 2016.
“419 of Friday September 3.” The Guardian 21, no. 9 (2004): 1–2.
“Corrupt Persons in Legislature, Judiciary–Osibanjo.” The Punch Newspaper
“Dasukigate: ‘Who Got What’ from $2.1bn Arms Deal?” P.M. News, 2016.
This Day Newspaper 11, no. 3799 (2005): 1.
Commission, Financial Crimes. “Corruption on Trial?The Record of Nigeria’s Economic and Financial Crimes Commission.” August, New York, 2011. View Item
Folarin, Sherriff. “Corruption, Politics and Governance in Nigeria,” n.d. View Item
__
129
Economic and Financial Crimes Commission, Federal High Court of Nigeria, Suit No.
The Punch Newspaper, February 22,
, 2016. View Item
Commission, Financial Crimes. “Corruption on Trial?The Record of Nigeria’s Economic and View Item
View Item
__
130
Rechtsidee, 3 (2), December 2016
P. ISSN. 2338-8595, E. ISSN. 2443
Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee
DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342
December 2016, 115-130
8595, E. ISSN. 2443-3497
http://ojs.umsida.ac.id/index.php/rechtsidee
dx.doi.org/10.21070/jihr.v3i2.342