Calling the Judiciary to Account for the Past: Transitional Justice and Judicial Accountability in Nigeria

Abstract

Institutional and individual accountability is an important feature of societies in transition from conflict or authoritarian rule. The imperative of accountability has both normative and transformational underpinnings in the context of restoration of the rule of law and democracy. This article argues a case for extending the purview of truth-telling processes to the judiciary in postauthoritarian contexts. The driving force behind the inquiry is the proposition that the judiciary as the third arm of government at all times participates in governance. To contextualize the argument, I focus on judicial governance and accountability within the paradigm of Nigeria's transition to democracy after decades of authoritarian military rule.

Corruption in the Nigeria Judicial System: An Overview

“…However, corruption in the Nigerian judiciary as Yusuf (2008) observed, has prompted the public to completely lose trust in the system and the quality of justice in the country. Corruption has affected the professionalism and integrity of the judicial system.…”

“…Moreover, corruption in the justice system as made the cost of justice very expensive. Ordinary citizens who cannot afford to bribe a judge and other principal court officials to influence their case are denied justice since it is a matter of highest bidder (Yusuf, 2008). The outcome of trials are unpredictable even if one has the best among the lawyers and with the necessary ingredient to win a case.…”

Democratic transition, judicial accountability and judicialisation of politics in Africa

“…The article examines two cases that reflect the expanding incidence of judicialisation of politics in Nigeria's transition experience. The Nigerian judiciary is itself complicit for its role in authoritarianism and remains, despite some attempts at institutional reform, opaque in its accountability credentials particularly even if only from the standpoint of transitional justice (Yusuf, 2008). The point about judicial accountability is particularly germane.…”