Socio-Economic Rights and Accountability Project (SERAP) has sent a
petition to Ms. Monica Pinto UN Special Rapporteur on the independence of
judges and lawyers requesting her to “use your good offices and position
to urgently prevail on the National Judicial Council (NJC) to suspend the
judge involved in the alleged receipt of N225, 000 bribe.”
The group also asked Ms Pinto to prevail on “the Nigerian Bar Association
(NBA) to ask the Legal Practitioners Disciplinary Committee (LPDC) to
suspend the lawyer involved in the alleged payment of N225, 000 bribe in
Nigeria, pending the completion of any investigation and/or final
determination of any trial on the matter.”
The petition dated 19 February 2016 was signed by SERAP executive director
Adetokunbo Mumuni. The petition reads in part: “SERAP is concerned that
despite these serious allegations of bribery and corruption, the National
Judicial Council has failed and/or refused to suspend the judge involved
pending any investigation and/or trial of the judge. Similarly, the
Nigerian Bar Association has failed and/or refused to ask the Legal
Practitioners Disciplinary Committee to suspend the senior lawyer involved
pending the final determination of the case against him.”
“SERAP is concerned that the allegations of bribery and corruption such as
the alleged payment and receipt of N225, 000 threaten the very essence of
the independence of the judiciary and the actors in the legal profession.”
“Such allegations also severely undermine the rule of law, the public’s
confidence in the judiciary, raise the cost for judicial services because
litigation is driven by corruption instead of by the legal process,
discourage people from resorting to the formal justice system, and
ultimately victimise the most disadvantaged sectors of the population who
do not have the means to play by the informal rules set by a corrupt
system.”
“The allegations also undermine fair competition and economic growth, as
there is a clear correlation between the level of economic activity in a
country and an effective judiciary combating corruption.”
“SERAP believes that the NJC and the NBA are in the best position to
tackle judicial corruption and corruption within the legal profession, and
to ensure the application of appropriate disciplinary measures in cases of
bribery and corruption such as the alleged N225, 000 bribe highlighted
above.”
“Indeed, both the NJC and the NBA have clear responsibilities to counter
and combat all manifestations of judicial corruption and corruption within
the legal profession. Therefore, the continuing failure by the NJC to
suspend the judge involved, and the NBA to ask the LPDC to suspend the
lawyer involved will continue to allow judicial corruption to grow,
undermine the efforts of all other institutions of governance, and can
lead to impunity.”
“SERAP notes that article 14 of the International Covenant on Civil and
Political Rights recognizes the principle of equality of all persons
before courts and tribunals and the guarantee of a competent, independent
and impartial tribunal established by law. However, the enjoyment of the
right to a fair, effective and efficient administration of justice is
impossible if the judiciary and the legal profession cannot act with
integrity.”
SERAP therefore urged Ms Pinto to prevail on both the NJC and the NBA to:
1. Exercise their mandates to deal fairly with any suspicion or
evidence of acts of corruption;
2. Take measures to strengthen integrity the bench and the bar, and to
prevent opportunities for corruption among members of the judiciary;
3. Fully and effectively enforce the codes of conduct correct,
honourable and proper performance of judges and lawyers;
4. Promptly and adequately investigate any allegations of corruption in
the judiciary and the legal profession, and to ensure that any sanction or
investigative process against judges and lawyers does not undermine the
credibility of judiciary and the legal profession or offend the right to a
fair trial;
5. Place the independence of judges and lawyers at the centre of their
policies aimed at preventing and combating corruption and strengthening
the rule of law and human rights;
6. Contribute to strengthening safeguards for the independence of the
judicial system and safeguards against judicial corruption in order to
ensure the accountability of judges and lawyers;
7. Encourage judges and lawyers to discharge their functions with
integrity and impartiality and preserve the dignity of their profession;
8. Recognize that the requirement of independence and impartiality of
the judicial and legal professions does not exist for the benefit of the
members of the profession themselves, but rather for the users of the
justice system, as part of their inalienable right to a fair trial
It would be recalled that Rickey Tarfa, a senior Nigerian lawyer,
allegedly made phone contacts with Justice Mohammed Yunusa in a case
before the judge. The Economic and Financial Crimes Commission (EFCC)
alleged that Mr. Tarfa’s law firm, Rickey Tarfa & Co. paid N225, 000 into
Justice Yunusa’s bank account.