ACCORDING to Wikipedia, a judge is a person who oversees court proceedings, either alone or as a part of a panel of judges.
The importance of a judge cannot be downplayed because their decisions are seen as law.
Recently, the chairperson of the Panel of the Election Petition Tribunal, sitting in Kano, Flora Ngozi Azinge, on Tuesday, August 15, expressed concern over some lawyers trying to influence judges on her team through bribery.
She claimed that this was the second occasion a judge had expressed dissatisfaction with how some lawyers who were prosecuting election cases in front of her attempted to undermine the legal system by offering bribes to her and her colleagues.
“Money is flying; it’s being rumoured that a staff collected N10 million.”
“They keep abusing judges, insulting us every day in the papers, in the media — that we are taking bribes.
“Let me repeat again, that nobody should approach me with money again. I’m contented with what God has given me, and I have a roof over my head,” she was quoted to have said.
This allegation has generated a lot of responses on Social media reasons, with many expressing apprehension on the issue, and this might not be unconnected with the ongoing election disputes before various election tribunals across the country.
What the law says about giving or taking bribe
In Nigeria, section 98 of the Criminal Code Act states that any public official who corruptly requests, receives, or obtains any property or benefit of any kind for himself or another person or who corruptly agrees to receive or attempt to obtain any property or any benefit for himself or another person in relation to any matter related to the functions, affairs, or business of a government department, public body, or other organ is guilty of a criminal offence and is liable to imprisonment for seven years.
Section 98A of the Criminal Code Act in Nigeria states that anyone involved in official corruption, including those who give bribes or otherwise influence the behaviour of public officials, is subject to a seven-year prison sentence.
The Corrupt Practices and Other Related Offences Act (ICPC ACT) also frowns at acts of giving or receiving bribes.
The primary goal of the Act is to outlaw bribery and corrupt behaviour, both of which involve giving or receiving something of value to influence an official decision. The Act defines individuals as including natural persons, juristic persons, any body of persons corporate or incorporated, and corruption as including bribery, fraud, and other connected acts.
Lawyers’ reaction to allegation of bribe
The ICIR contacted some lawyers to seek their reaction concerning the claim that some lawyers tried to bribe several election tribunal judges.
A Lagos-based lawyer, Adefisoye Okunade, called this situation ‘sub judice’.
He declined to comment on the claim, describing it as a mere allegation. However, he chipped that the senior lawyer should know what to do.
“This is sub judice. It is unprofessional to respond to these questions without being briefed. The enior Advocates of Nigeria (SAN) ought to know what to do,” he stated.
In response to the allegation, another lawyer, Olu Oyeniji, said, “What we should be doing at this time is asking these questions:
“Why is she not naming the SAN? How many SANs have matters before her court? Shouldn’t this be investigated by the Independent Corrupt Practices Commission (ICPC), Police, Nigerian Bar Association (NBA), Legal Practitioners Disciplinary Committee, Body of Benchers, Body of SAN? Is this attempt not a crime in itself, for example, conspiracy to commit a crime?” he asked.
In his contribution, a lawyer, Abiola Kolawole, said that the EFCC should be encouraged to go after the lawyers involved if the allegation is correct.
“There are so many laws that can be used to try the SAN.
“EFCC may try him on a count charge bordering on perverting the course of justice and offering gratification to public officials,” Abiola stated.
Previous case
This is not the first time a judge has disclosed that a lawyer is trying to bribe him.
In 2021, a judge, G. M Kamyal of High Court 9 in West of Mines Jos, announced that a lawyer tried to bribe him.
The judge publicly acknowledged in open court that a lawyer had attempted to solicit his favour in a case with suit number PLD/J602/2021.
The judge accused the Counsel of visiting him in the night.
“I wish to inform the Counsel and parties in court that yesterday night between 7 p.m. and 8 p.m., one Barrister B.C. Awang (Mrs) came to my house along with one of the claimants, in this case, to see me in respect of the case.
“They came along with a gift for me. I was seriously disturbed by the said unsolicited visit. I asked why would they pay such a visit to me based on a case before me.
“I am deeply annoyed by the said visit, and this has affected my mind frame with regard to handling this matter,” the judge said.
The judge added that he had returned the case file to the chief judge of the State to re-assign the case to another Judge for trial.
A reporter with the ICIR
A Journalist with a niche for quality and a promoter of good governance