Law and the corrotion of convention by Corruption

By Bala Ibrahim.

“The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties is called the law.”

By the authority of the above definition, any community or country that permits corruption to permeate into its curriculum, or code of culture, that country or community is definitely destined for doom. It is simply heading in the direction of anarchy, the opposite of law and order. Yes, anarchy is a state of disorder due to the absence, or non-recognition of the authority controlling systems. As a country, Nigeria has a constitution, which is the instrument that outlines the basic principles and laws of the nation. It determines the powers and duties of the government and guarantees certain rights to the people of the country.

The first article of the 1999 Nigerian constitution laid emphasis on the Supremacy of the Constitution. It states that the Constitution is supreme and its provisions are binding on all authorities and persons within the Federal Republic of Nigeria. This includes those with the ambition of forming a shadow government, you the reader, and me the writer of this article. The Nigerian constitution was written in unambiguous English, stating clearly and in detail, leaving no room for confusion or doubt, but still, because of corruption, the country’s code of convention, is on its way to getting conquered by those who are trained to protect it- the lawyers.

Nigeria’s former vice President, Yemi Osibanjo, a Senior lawyer, said and I quote-“The legal profession is crumbling under the weight of corruption, ethical violations, and poor standings. Stories of counsel acting as conduits for bribing judicial officers are rife. The perception that our system of justice is corrupt and that both the bar and bench are culpable is damaging enough.” Osinbajo made the accusation yesterday Friday, at the ongoing NBA conference.

It may interest the reader to know that Yemi Osinbajo is a Senior Advocate of Nigeria, SAN. He holds the second-highest national award in Nigeria, GCON, which stands for the Grand Commander of the Order of the Niger. It is undoubtedly a prestigious Nigerian national honour. Yemi Osibanjo is also a professor in law, and one that served as the 14th vice president of Nigeria, from 2015 to 2023. So by every standard, the man is in a position to understand all the shenanigans concerning the legal practice and the political manoeuvrings in the country. He said the workings of our constitution is fast corroded by corruption. And if care is not taken, the legal practice itself, may be conquered by the same cancer, the corruption cancer.

As I write this article, the ongoing NBA conference in Enugu is holding amidst controversies that have bearings with corruption and the position of the law. The Enugu conference was initially planned for Port Harcourt, but was relocated to Enugu due to the appointment of a sole administrator in Rivers State, a situation the NBA described as alien to the constitution. Because the NBA is not happy with the declaration of the State of emergency in Rivers State, and the appointment of an ex service man as Sole Administrator, it moved the conference from Port Harcourt to Enugu. In retaliation, the Rivers State Government, which had given the NBA, N300m, demanded a refund. The lawyers said the money was a donation which is non refundable. The matter rose to the level of threat of legal action by the Rivers State.

The question on the lips of many is, whether refundable or non refundable, money has changed hands, and that is lending credence to the perception that the legal system of justice is corrupt, with both the bar and the bench being accused of culpability, as implied by Professor Yemi Osinbajo.

Long before the cry of Professor Yemi Osinbajo, several high-profile legal officials have been accused of corruption, including former Attorney Generals and Ministers of Justice. Although cleared by court later, as the chief law officer of the country, Mohammed Bello Adoke, was accused of taking bribes to grant oil licenses. He was later extradited from Dubai and arrested. Ditto Michael Aondoakaa, another former Attorney General, who was widely criticized for undermining key corruption cases that lead to the revocation of his US visa.

As lawyers and representatives of clients in court, they are expected to ensure that laws are followed and people’s rights are protected. Not the other way round. They are suppose to be instrumental in exposing and combating corruption, not the reverse, because, their involvement can undermine the integrity of the justice system and erode public trust.

This is not to say the legal system is lacking in people with honesty and strong moral principles. They exist in large numbers. And it’s not to say there are no bad eggs in other professions. They are abound everywhere. But because of the discerning nature of their calling, and the prestige attached to the profession, lawyers should live above suspicion, so as to avoid being lampooned as agents of corruption, that play catalysts in the crumbling of the judicial system, which is the chief support of the country’s constitution.