By Yusuf Alli, Abuja
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has unveiled those disobeying court orders in the country.
It listed them as law enforcement agencies, private firms, Ministries, Departments and Agencies, (MDAs), lawyers, anti-graft agencies and Armed Forces.
It said the purchase of court judgments devalues court orders and emboldens some persons to disobey court orders.
The anti-graft agency claimed that fraud by litigants, fraud by lawyers, court staff and judges accounted for 7.35 per cent, 8.58 per cent, 8.98 per cent and 9.32 per cent.
But the refusal to obey court orders is rated by the commission as a major impediment to the independence of the judiciary.
It also said that the available jobs in MDAs are now based on political connections.
It said the best qualified Nigerians are no longer being recruited into the civil service.
These findings are contained in a survey by ICPC as part of a report on Nigeria Corruption Index (NCI) which has been submitted to President Muhammadu Buhari.
ICPC identified litigants who have been refusing to obey court orders as follows: Private citizen(including private companies) — 30.8%; Law enforcement agencies(25.94%); MDAs((19.20%); Legal practitioners(7.73%); Anti-corruption agencies(6.48%); Armed Forces(5.24%); Others(3.49%); and those who chose not to say(1.25%).
The report said: “Justice Sector respondents experience that disobedience to court orders is the most profound factor that impedes the independence of the judiciary.
“In effect, the categories of persons or authorities who should respect and protect the judgments of the courts are the ones at the fore of debasing such judgments.
“It is instructive that private citizens lead the pack of people or entities that disobey court orders.”
ICPC linked disobedience of court orders to purchase of judgments by individuals and lawyers.
It said: “The purchase of court judgments by private citizens or their lawyers devalues court orders and emboldens persons and entities to disobey court orders.
“In the long run therefore, the corrupt practice of purchasing court orders is not beneficial to the society at large, including the corrupt purchaser. As judgments are purchased, they lose their worth and are debased.
“The purchaser will have no respect for the court order or judgment and the cheated party will attach no value to the corruptly obtained judgment.
“The lack of worth and respect that attach to the corruptly obtained judgment will taint other judgments, thereby starting a vicious cycle.”
ICPC said its survey respondents identified several other factors that erode the independence of the judiciary.
It demanded the implementation of the National Policy on Justice (NPJ) in 2017 on how to enforce judgments and court orders.
It added: “Factors related to corruption account for 32.24% of those reported by respondents as impeding the independence of the judiciary. In this category, fraud by litigants, fraud by lawyers, fraud by court staff and fraud by judges accounted for 7.35%, 8.58%, 8.98% and 9.32% respectively.
“It is instructive that the National Policy on Justice (NPPJ) in 2017 had pointed out the need to review the laws and procedures for the enforcement of court judgments.
“The need for the review exercise still exists and the stakeholders may be guided by the findings of this survey in conducting the review or implementing the laws and procedures that may ensue from the review.
The commission said vast majority of justice sector respondents agreed that “an independent judiciary is necessary for fighting against corruption.”
The report said: “The independence and impartiality of the judiciary is one of the fundamental guiding principles of the NPJ. Independence of the judiciary is directly connected to the capacity to impartially perform adjudicatory functions. Where the independence of the judiciary is eroded, corruption can thrive and the ability to adjudicate corruption cases will be diminished.
“Only 2% of the justice sector respondents opined that an independent judiciary is not necessary for the fight against corruption.
“The opinion of an overwhelming 96% of justice sector respondents points to the link between the independence of the judiciary and the fight against corruption.”
On employment, ICPC said the jobs in MDAs are now influenced by political connections.
It said: “The exploitation of political power for securing employment for acquaintances, cronies, friends and relatives is a form of grand corruption that prevents the best qualified Nigerians from accessing employment opportunities in the public sector.
“45% of MDA staff reported that in their experience, staff were recruited based on political connections.
“While it is not unlawful that political appointees, who serve at the pleasure of the political office holder may be employed on political considerations, the recruitment into the mainstream public service should not be based on political connections.”
Source: thenationonlineng.net
