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Nigerian Judges: House Boys and Girls for Senior Advocates of Nigeria (SANs)?

Feature Article Nigerian Judges: House Boys and Girls for Senior Advocates of Nigeria (SANs)?
WED, 09 OCT 2024

Nigeria’s judiciary has descended into a troubling state where judges, once esteemed as impartial guardians of justice, are now seen as mere instruments for powerful Senior Advocates of Nigeria (SANs) and the politicians they serve. These SANs, brandishing their titles as emblems of untouchability, have trapped the judiciary in a web of manipulation that erodes the foundations of justice, allowing corruption and political maneuvering to thrive unchecked.

One particularly grotesque instance of judicial manipulation occurred when the Federal High Court issued a ruling barring key members of the People’s Democratic Party (PDP), including former National Chairman Uche Secondus, from attending internal party meetings. This ruling, devoid of logic, clearly showcases the depth of SAN interference. SANs, with their political affiliations, manipulate selected judges to hand down rulings that benefit politicians, transforming the judiciary into a puppet for political machinations. What should be a body of justice has instead become a playground for political strategies, and this is just one example among countless absurd cases clogging Nigeria’s courts.

The subsequent decision by the Court of Appeal to overturn this nonsensical ruling illustrates just how far judicial mismanagement has gone. The sheer waste of judicial resources on these trivial matters exposes a judiciary struggling under the weight of systemic abuse. Rather than focusing on important issues like upholding the rule of law or addressing societal ills, the courts are caught up in the games of SANs and politicians, allowing true justice to be sidelined.

This manipulation extends beyond political wrangling into shielding corruption at its core. Court-imposed restrictions, often driven by Senior Advocates of Nigeria (SANs), block investigations and arrests of high-profile individuals. Corrupt judges willingly issue these restraining orders, effectively tying the hands of anti-corruption agencies like the EFCC, which has been unable to investigate cases in 10 states due to such orders.

SANs use tactics like frequent adjournments to delay cases indefinitely, creating a backlog of unresolved cases. Contempt orders further paralyze investigations, while reliance on technical grounds allows SANs to exploit minor procedural errors, preventing substantial progress. These strategies result in a judiciary that protects corruption, undermines accountability, and slows the fight against graft, leaving the system broken and justice out of reach.

The judiciary, once the bastion of fairness, is now a sanctuary for corrupt elites. Rather than being instruments of justice, SANs and complicit judges have turned the courts into a protective shield for the privileged, undermining the very principles of equality before the law. This collusion between SANs and judges is more than just a betrayal of the judiciary’s mission—it represents a grave threat to Nigeria’s legal integrity. It erodes public trust in the justice system and creates a perception that the judiciary exists only to serve the powerful, while ordinary citizens are left vulnerable and voiceless.

While not all SANs and judges are part of this corrupt network, those who exploit their positions for personal or political gain cast a long shadow over the entire legal system. Reforms are desperately needed to sever the toxic ties between political influence and judicial decision-making. The courts must regain their independence and integrity, and this can only be achieved through a comprehensive overhaul that prioritizes the impartiality of justice over political manipulation.

Restoring public trust in the judiciary requires more than just superficial changes—it demands a deep and committed effort to cleanse the system of corruption. Judges must no longer be beholden to SANs and their political patrons. By enforcing stricter guidelines on judicial conduct and reducing the influence of SANs in court proceedings, the judiciary can begin to reclaim its rightful role as the defender of justice for all Nigerians.

The judiciary must cease acting as a servant to corrupt politicians and SANs. It must instead return to its fundamental purpose: upholding justice without fear or favor, ensuring that every Nigerian, regardless of status, has access to a fair and impartial legal system. Only through such reforms can Nigeria’s judiciary once again serve as a beacon of hope and integrity for the nation.

The SAN title, once a mark of exceptional legal acumen, has now become synonymous with unchecked power. Many SANs use intermediaries—often retired judges or court officials—to manipulate sitting judges. These middlemen create a bridge between SANs and the judiciary, offering subtle and not-so-subtle reminders of favors rendered in the past, whether it be career advancements, promotions, or personal benefits. For judges who rise through the ranks, the indebtedness extends even further: politicians help secure their children better jobs, assist in getting their offspring into prestigious schools, and ensure their upward mobility in the system. These "favors" are not merely gestures of goodwill—they are tools of control.

Judges, especially those who have benefited from these systems, find themselves unable to resist when cases involving powerful political actors or influential SANs come their way. Judge shopping, where SANs maneuver to ensure that certain cases land in the courts of favorable judges, has become a well-known but hardly addressed practice. For these judges, the invisible weight of obligation hangs over every decision, making it increasingly difficult to say no when cases reach their desks. As President Bola Tinubu pointed out during the recent EFCC/NJI workshop, frivolous appeals and judgments based on technicalities are undermining the fight against corruption, but the deeper issue of judicial compromise remains largely unaddressed.

The deterioration of judicial independence in Nigeria cannot be traced solely to overt acts of corruption or manipulation. Beneath the surface lies a more insidious form of influence, one that gradually erodes the impartiality of the judiciary through constant and frequent socialization. Lawyers, particularly Senior Advocates of Nigeria (SANs), have learned to navigate the boundaries between professional decorum and personal relationships, using social gatherings, religious affiliations, family challenges and intimate celebrations as covert strategies to condition and gain favor from judges. These seemingly innocent interactions—from birthday parties to promotion celebrations—have become tools of influence, crafting a dangerous overlap between personal and professional boundaries.

In any profession, networking and socializing with colleagues is considered natural. However, in the Nigerian legal system, lawyers—particularly SANs—have turned this ordinary social behavior into a weapon of influence. By attending judges’ birthday celebrations, promotion parties, and even religious services at the same churches or mosques, lawyers strategically create a web of familiarity and perceived loyalty that judges find increasingly difficult to escape. These interactions may seem benign on the surface, but they play a significant role in fostering a sense of obligation, indebtedness, and personal allegiance.

Judges, as human beings, are not immune to social conditioning. The more frequent these interactions, the more a judge may come to see the SANs as friends, confidantes, or allies, rather than professionals who should be judged impartially in court. When the time comes for these lawyers to stand before the judges in court, the sense of familiarity cultivated through years of attending personal events can cloud the judge’s objectivity. This subtle, yet effective, manipulation allows SANs to exert undue influence without ever having to directly bribe or threaten the judge. Instead, the judge is caught in a web of social obligation, their impartiality slowly eroded by the constant pressure of personal relationships.

The problem goes beyond the courtroom. Judges who attend church or mosque with prominent SANs, or those who repeatedly see the same faces at their personal celebrations, gradually come to view these SANs as part of their inner social circle. As a result, these lawyers are no longer seen as mere advocates or litigants, but as trusted associates who may be extended special courtesies. The closeness established in these environments creates a slippery slope, where personal bonds become professional favoritism.

The subtle nature of this influence makes it nearly impossible to detect, let alone regulate. When a judge and a SAN attend the same church, sit together at social gatherings, or exchange pleasantries at family events, the boundary between personal and professional worlds becomes increasingly blurred. Judges may feel compelled to offer favorable rulings or overlook procedural missteps for the SANs who have become integral parts of their social lives. What begins as casual socializing often transforms into a dangerous system of patronage, where justice is compromised in favor of personal relationships.

Religion, a central pillar of Nigerian society, has become another tool for subtle judicial conditioning. Judges and SANs often share the same religious spaces, attending the same churches or mosques and participating in shared religious activities. These sacred spaces foster bonds that transcend professional boundaries, creating a sense of brotherhood or sisterhood that can be exploited when SANs bring cases before the court. The notion of favoring a "brother in Christ" or a "fellow Muslim" weighs heavily on judges who deeply value their religious identity.

Religious gatherings, meant to remain separate from judicial matters, have become platforms for influence. SANs, through frequent interactions in these spaces, gradually condition judges to view them not just as legal professionals but as personal allies, further complicating the already blurred lines between the bench and the bar.

If Nigeria is to reclaim the independence of its judiciary and win the war against corruption, it is essential that immediate and comprehensive measures are taken to root out the corrupt elements within the legal system. The judiciary needs to be subject to swift and thorough investigations aimed at identifying the SANs and judges who have been compromised. However, ordinary investigations may not be sufficient. The system has become so deeply entrenched with manipulation that covert operations—such as wiretap investigations and secret surveillance—are necessary to gather indisputable evidence of wrongdoing.

Monitoring systems must be established that keep a close watch on judicial behavior, especially in cases where judges have repeatedly demonstrated favoritism toward certain SANs or political figures. Investigators must be free from political interference, working under a neutral body that can ensure transparency and fairness. The use of wiretaps and undercover operatives will help expose the networks of corruption that operate within the judiciary, from the SANs and their intermediaries to the judges who have been compromised.

Once these compromised individuals are identified, it is critical that the government and judicial oversight bodies take immediate and decisive action. Merely suspending corrupt judges or SANs is not enough. Chronic offenders, both among the SANs and the judiciary, must face severe consequences, starting with the revocation of their legal licenses. Those found guilty of undermining the integrity of the legal system should be disbarred permanently, preventing them from further tarnishing the profession.

In cases of extreme or repeated misconduct, dismissal is the only appropriate measure. Judges who have consistently failed to uphold justice, who have acted in favor of SANs or political interests, must be removed from their positions without the possibility of reinstatement. The judicial system must set a strong example by purging itself of these corrupt elements, demonstrating that no one is above the law—not even the highest-ranking legal professionals.

To effectively combat corruption within the judiciary, disciplinary measures must extend beyond mere reprimands. Judges and Senior Advocates of Nigeria (SANs) found to have exploited their social connections to sway court outcomes should face significant consequences, such as suspension or disbarment. Judges allowing personal relationships to influence their rulings must be removed from the bench to protect the integrity of Nigeria’s judiciary.

Moreover, the introduction of psychological evaluations as part of the judicial oversight process is essential. Periodic psychological assessments should be mandated for judges, particularly those handling high-stakes cases, to ensure they are not influenced by personal connections or external pressures. These evaluations will help identify judges experiencing cognitive dissonance—where personal and professional obligations conflict—enabling proactive support before ethical breaches occur.

The corruption within the judiciary is not solely a legal matter; it also involves psychological dimensions. Judges entangled in social obligations and influences often experience cognitive dissonance, torn between their ethical duties and the pressures exerted by powerful SANs and political figures. Mandatory psychological evaluations must be instituted, focusing on identifying the levels of influence these judges face. This process will help detect those who are psychologically compromised, ensuring they receive the necessary interventions.

Judges who have acted under undue influence should undergo ongoing monitoring and counseling, receiving additional psychological support to reclaim their independence. Implementing regular psychological evaluations as part of the judicial review process will serve as a preventive measure, helping judges maintain mental resilience and resistance to external pressures throughout their careers.

Judicial corruption is perpetuated by the normalized social interactions between judges and SANs, where personal connections mask a deeper network of influence. Frequent socialization at events, such as birthday parties and religious gatherings, cultivates a façade of collegiality but creates a potent mechanism for control. Judges may feel indebted to SANs for favors or support, making it challenging to resist undue influence when legal cases arise. This "conditioning by association" gradually undermines the moral foundation of the judiciary.

To address this issue effectively, reforms must target the root of the problem by instituting stricter measures to limit informal interactions between lawyers and judges. The lines separating personal friendships from professional obligations must be distinctly delineated to preserve judicial impartiality. Additionally, religious institutions, which should maintain neutrality, must be monitored to prevent networking between SANs and judges that could compromise judicial objectivity.

The pathway to restoring integrity within Nigeria's judiciary requires a multifaceted approach that includes strong disciplinary actions, ongoing psychological evaluations, and a commitment to ethical reform. By implementing these measures, the judiciary can enhance its credibility and reinforce its role as a cornerstone of democracy.

Nigeria’s legal system stands at a crossroads. The time for passive discussion has passed. Only bold, comprehensive reforms—enforced through clear ethical boundaries, covert monitoring, psychological support, and swift disciplinary actions—can salvage the integrity of the judiciary. Swift investigations and cover-up operations to unmask SANs and judges who engage in corrupt behavior are not just options; they are imperatives. Licensing authorities must revoke the privileges of corrupt SANs, while chronic offenders among judges must face immediate removal and dismissal.

Furthermore, the public must be reassured that these reforms are not merely cosmetic. Nigerians must see corrupt individuals held accountable, with their licenses revoked, their reputations stripped, and their influence dismantled. This will require a national commitment to protecting judicial independence and ensuring that the rule of law prevails over personal relationships and political expediency.

The stakes could not be higher. Nigeria’s judiciary must regain the trust of the public by rooting out corruption and reestablishing its role as the protector of justice. While it’s important to acknowledge that not all SANs are bad and not all judges are corrupt, the system's integrity is compromised when powerful lawyers and political actors wield undue influence. Judges should stop being house boys and girls, dancing to the whims of senior lawyers like puppets on a string. Without a decisive break from this troubling dynamic, Nigeria’s legal system will continue to operate in the service of the powerful, while justice for the common man remains a distant dream. By implementing necessary reforms, Nigeria can finally begin the process of restoring faith in its judiciary and ensuring that justice is served independently, impartially, and without fear or favor.

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