JUDICIARY SYSTEM AND THE FIGHT AGAINST CORRUPTION UNDER PRESIDENT MUHAMMDU BUHARI’S ADMINISTRATION

JUDICIARY SYSTEM AND THE FIGHT AGAINST CORRUPTION UNDER PRESIDENT MUHAMMDU BUHARI’S ADMINISTRATION

The main objective of this project is to examine the judiciary system in Nigeria and the fight against corruption in Nigeria under President Muhammadu Buhari.

CHAPTER ONE

• INTRODUCTION
  • BACKGROUND TO THE STUDY

In 2011, Nigeria was ranked 143th out of 182 countries surveyed by the corruption perception index indicating the level of corruption in the country as compared to other countries (Akosile 2011). Although this rank came as an improvement from the previous years, it did not result from an improved system of governance; rather it was due to an increase in the number of countries that participated in the survey. Between 2010 and 2011, Nigeria rank actually decreased by 9 spots, showing an increase in corruption despite the government efforts to fight corruption (Abraham, 2013).

Meanwhile, the question of what the role of the judiciary is in the fight against corruption is an interesting one. By its very nature, the Judiciary is required to adjudicate in matters involving corruption where moved to do so. The courts are not intended to descend into the arena, they are not meant to seek out this scourge with a view to stamping it out, no matter how much they would like to do so, or how much the society may want them to do so. So, it would seem that all are expected of the courts in this regard is to ensure that justice is not only done but is also seen to be done. To convict where such convictions are warranted, acquit where the law requires this to be done, and sentence appropriately in accordance with guiding principles.

The law of the land should constitutes the bases upon which judgments are ruled; it is therefore fundamental that its interpretation and application be carried out with absolute alacrity and meticulousness (Chambers, 2005). The Nigerian Judicial System has come a long way, taking its origin from the colonial era. It was saddled with the responsibility of checking the activities of the Executive and Legislative arms of government. The Judiciary as a matter of fact, plays a very vital role in the development of the country considering the fact it is the mechanism that oversees to the usage and management of power in the country. If the power that is vested on the Executive and Legislative offices is not checked, the bulk of the citizenry will have lots of troubles and challenges to contend with (Salisu, 2006).

The primary responsibility expected of the Judiciary is to ensure that the Executive and Legislative arms of government function within the ambits of the constitutional provisions made available to them. The Judiciary ought to stand isolated while performing its constitutional duty. It does not need any interference from the Executive or Legislature in carrying out its primary assignment. It should operate independent of any external disturbances and functions within the constitutional power vested in its office. Though, the Nigerian Judicial System has had lots of challenges to contend with. For instance, during the shambolic military era, the Judiciary was subjected to abject emasculation to the extent that it lost the substance to its name and only existed as a nomenclatural entity. But things have change with the advent of democracy in Nigeria; judiciary has regained its rightful place as the watchdog of the polity (Aiyede, 2006; Ketefe, 2012).

The importance of the Judiciary in any political system cannot be over-emphasized, hence the constitution provides for its absolute independence to enable it perform its sacred constitutional function without sentiments and reservations especially, in the area of war on corruption. Any effective campaign strategy against corruption, without the viable judiciary, will always be efforts in futility. To this end, the aims of this project is to determining whether the judiciary is one such key actor or implementer in war on corruption, and if so, whether this entails more than its apparent role as adjudicator. It will also seek to come to an understanding of whether this extended role, if any, can be reconciled with the functions and limitations of the judiciary, in theory as well as in practice in Nigeria.

•  STATEMENT OF THE PROBLEM

There is no doubt that the Nigeria is plagued by a myriad of problems of corruption ranging from mismanagement of funds, embezzlement, corrupt public officials and so on. It has however been documented that corruption is widespread, deep and endemic in Nigeria. Over the years, several scholars, development workers, activists, politicians, international organizations, public affairs commentators and the general public have given attention to the problem of corruption and its attendant effects on the society. The problem is not new to humankind even though it has reached unprecedented proportions in recent years. It is as old as society itself and cuts across nations, cultures, races and classes of people. It has been argued that one of the major obstacles to the development of poor countries is corruption. Corruption is undoubtedly one of the greatest challenges of our time, a challenge that is not only leading to impoverishment and loss of lives but also threatening the stability and peace of the society.

This research work talks about the Nigeria judicial system and the role played in curbing corruption under President Buhari’s administration. The research is an ongoing progamme because the fight against corruption is an ongoing activity as corruption cases come up every day, and also the roles of the judiciary in the fight against corruption is also a continuous one. The research will also proffer solutions to solving the problem of corruption in our immediate environment

• RESEARCH QUESTIONS

In view of this, the study tried to answer the following basic research questions.

1. What are respondent’s levels of understanding of the concept of corruption?
2. What are respondent’s levels of understanding of factors responsible for corruption in Nigeria?
3. What are respondent’s levels of understanding of impacts of corruption on Nigeria society?
4. Do respondents think the judiciary has any roles to play in the fight against corruption?
5. Do respondents think that the effort of Buhari’s government in the fight against corruption is yielding positive result?

• RESEARCH HYPOTHESES

The following null and alternative hypotheses were formulated to guide the study:

Null hypotheses: The Nigeria judiciary system does not have significant effect on the fight against corruption of Buhari’s administration

Alternative hypotheses: The Nigeria judiciary system does have significant effect on the fight against corruption of Buhari’s administration

•  RESEARCH METHOD

In the course of this academic exercise, the writer or researcher depends heavily on content analysis hence various texts on federalism, government, politics, seminar paper, journals, daily newspaper and electronics media will be extensively explored.

• OBJECTIVES OF THE STUDY

The main objective of this project is to examine the judicial system in Nigeria and the fight against corruption in Nigeria under President Muhammadu Buhari. Specifically, the study sought to determine:

1. The level of understanding of the concept of corruption among the populace
2. Some of the factors responsible for corruption in Nigeria

iii. Some of the effects of corruption on Nigeria society

1. Some of roles of judiciary in the fight against corruption in Nigeria
2. Whether the effort of Buhari’s administration in the fight against corruption is yielding positive result

• SIGNIFICANCE OF THE STUDY

The results of this study will educate the general public on the corruption problem in the Nigerian political system under President Muhammadu Buhari and the role the judiciary is playing in bringing corruption in Nigeria to a final end. In addition, the findings from this study will educate the general public on the role of the judiciary in the fight against corruption in Nigeria. Aside that, it is expected that this research will be a contribution to the body of literature in the area of fighting corruption in Nigeria and the part of the judiciary, thereby constituting the empirical literature for future research in the subject area.

• DEFINITION OF CONCEPTS

Judiciary: The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. In some nations, under doctrines of separation of powers, the judiciary generally does not make law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as Common Law, by setting precedent for other judges to follow, as opposed to Statutory Law made by the legislature. The Judiciary is often tasked with ensuring equal justice under law.

Corruption: Corruption is a form of dishonest or unethical conduct by a person entrusted with a position of authority, often to acquire personal benefit. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. Government, or ‘political’, corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain. Political corruption is a persistent phenomenon in Nigeria. President Muhammadu Buhari defined corruption as the greatest form of human right violation. Since the creation of modern public administration in the country, there have been cases of official misuse of funds and resources. The rise of public administration and the discovery of oil and natural gas are two major events seen to have led to the increase in corrupt practices in the country

Constitution. A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.

Alacrity. Brisk and cheerful readiness.

• SCOPE AND LIMITATIONS OF THE STUDY

This study will cover all the issues within the Nigerian judicial system and also cover the approaches that can be used to solve the problem for better delivery. Meanwhile, time constraint is the major problem encounter during the course of writing this project. The researcher will simultaneously engage in this study with other academic work. This consequently will cut down on the time devoted for the research work. Also financial constraint- Insufficient fund  is another problem encounter in the process of the research work, this problem prevent the researcher in  sourcing for the relevant materials, literature or information and in the process of data collection.

• STRUCTURE OF THE PROJECT

The rest of the project is organized as follows: Chapter Two focuses on the review of related literature and Theoretical framework as many as possible so far it would enrich the study. The review will come under different heading such as: Niger-delta region location/description, Resources bases of the Niger-delta region, revenue allocation in Nigeria: A historical analysis, conflicting matters in revenue allocation.

Chapter three presents research design, the region called Niger-delta, brief history of oil exploitation in Nigeria, issue of resources control, youth restiveness and militancy in the Niger- delta as many as possible. Finally, Chapter four Finally Chapter Five is summary, conclusion and recommendations.