Socio-Economic Rights and Accountability Project (SERAP) has sent a
\npetition to Ms. Monica Pinto UN Special Rapporteur on the independence of
\njudges and lawyers requesting her to \u201cuse your good offices and position
\nto urgently prevail on the National Judicial Council (NJC) to suspend the
\njudge involved in the alleged receipt of N225, 000 bribe.\u201d<\/p>\n
The group also asked Ms Pinto to prevail on \u201cthe Nigerian Bar Association
\n(NBA) to ask the Legal Practitioners Disciplinary Committee (LPDC) to
\nsuspend the lawyer involved in the alleged payment of N225, 000 bribe in
\nNigeria, pending the completion of any investigation and\/or final
\ndetermination of any trial on the matter.\u201d<\/p>\n
The petition dated 19 February 2016 was signed by SERAP executive director
\nAdetokunbo Mumuni. The petition reads in part: \u201cSERAP is concerned that
\ndespite these serious allegations of bribery and corruption, the National
\nJudicial Council has failed and\/or refused to suspend the judge involved
\npending any investigation and\/or trial of the judge. Similarly, the
\nNigerian Bar Association has failed and\/or refused to ask the Legal
\nPractitioners Disciplinary Committee to suspend the senior lawyer involved
\npending the final determination of the case against him.\u201d<\/p>\n
\u201cSERAP is concerned that the allegations of bribery and corruption such as
\nthe alleged payment and receipt of N225, 000 threaten the very essence of
\nthe independence of the judiciary and the actors in the legal profession.\u201d<\/p>\n
\u201cSuch allegations also severely undermine the rule of law, the public\u2019s
\nconfidence in the judiciary, raise the cost for judicial services because
\nlitigation is driven by corruption instead of by the legal process,
\ndiscourage people from resorting to the formal justice system, and
\nultimately victimise the most disadvantaged sectors of the population who
\ndo not have the means to play by the informal rules set by a corrupt
\nsystem.\u201d<\/p>\n
\u201cThe allegations also undermine fair competition and economic growth, as
\nthere is a clear correlation between the level of economic activity in a
\ncountry and an effective judiciary combating corruption.\u201d<\/p>\n
\u201cSERAP believes that the NJC and the NBA are in the best position to
\ntackle judicial corruption and corruption within the legal profession, and
\nto ensure the application of appropriate disciplinary measures in cases of
\nbribery and corruption such as the alleged N225, 000 bribe highlighted
\nabove.\u201d<\/p>\n
\u201cIndeed, both the NJC and the NBA have clear responsibilities to counter
\nand combat all manifestations of judicial corruption and corruption within
\nthe legal profession. Therefore, the continuing failure by the NJC to
\nsuspend the judge involved, and the NBA to ask the LPDC to suspend the
\nlawyer involved will continue to allow judicial corruption to grow,
\nundermine the efforts of all other institutions of governance, and can
\nlead to impunity.\u201d<\/p>\n
\u201cSERAP notes that article 14 of the International Covenant on Civil and
\nPolitical Rights recognizes the principle of equality of all persons
\nbefore courts and tribunals and the guarantee of a competent, independent
\nand impartial tribunal established by law. However, the enjoyment of the
\nright to a fair, effective and efficient administration of justice is
\nimpossible if the judiciary and the legal profession cannot act with
\nintegrity.\u201d<\/p>\n
SERAP therefore urged Ms Pinto to prevail on both the NJC and the NBA to:<\/p>\n
1.\u00a0 \u00a0 Exercise their mandates to deal fairly with any suspicion or
\nevidence of acts of corruption;<\/p>\n
2.\u00a0 \u00a0 Take measures to strengthen integrity the bench and the bar, and to
\nprevent opportunities for corruption among members of the judiciary;<\/p>\n
3.\u00a0 \u00a0 Fully and effectively enforce the codes of conduct correct,
\nhonourable and proper performance of judges and lawyers;<\/p>\n
4.\u00a0 \u00a0 Promptly and adequately investigate any allegations of corruption in
\nthe judiciary and the legal profession, and to ensure that any sanction or
\ninvestigative process against judges and lawyers does not undermine the
\ncredibility of judiciary and the legal profession or offend the right to a
\nfair trial;<\/p>\n
5.\u00a0 \u00a0 Place the independence of judges and lawyers at the centre of their
\npolicies aimed at preventing and combating corruption and strengthening
\nthe rule of law and human rights;<\/p>\n
6.\u00a0 \u00a0 Contribute to strengthening safeguards for the independence of the
\njudicial system and safeguards against judicial corruption in order to
\nensure the accountability of judges and lawyers;<\/p>\n
7.\u00a0 \u00a0 Encourage judges and lawyers to discharge their functions with
\nintegrity and impartiality and preserve the dignity of their profession;<\/p>\n
8.\u00a0 \u00a0 Recognize that the requirement of independence and impartiality of
\nthe judicial and legal professions does not exist for the benefit of the
\nmembers of the profession themselves, but rather for the users of the
\njustice system, as part of their inalienable right to a fair trial<\/p>\n
It would be recalled that Rickey Tarfa, a senior Nigerian lawyer,
\nallegedly made phone contacts with Justice Mohammed Yunusa in a case
\nbefore the judge. The Economic and Financial Crimes Commission (EFCC)
\nalleged that Mr. Tarfa\u2019s law firm, Rickey Tarfa & Co. paid N225, 000 into
\nJustice Yunusa\u2019s bank account.<\/p>\n","protected":false},"excerpt":{"rendered":"
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 \u201cuse your good…<\/p>\n","protected":false},"author":1,"featured_media":19332,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-46708","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n