Essay
By Chief Mike Ozekhome, SAN
INTRODUCTION
THE dictionary definitions of Ethics and discipline show clearly that they are two sides of the same coin. They are complementary and you cannot meaningfully talk of one without referring to the other, albeit unintentionally. They overlap. You cannot be ethical without being disciplined and being disciplined implies adhering to a set of ethical values or beliefs. On this note, we shall continue our discourse on this issue, having started with forms of discipline last week.
FORMS OF INDISCIPLINE (continues)
Judicial Indiscipline: This means any form of pervasion of the administration of justice and equity in society. For example “justice delayed is justice denied”, failure to apply the rule of law and what it stipulates in society and on every citizen.
Moral Indiscipline/Immorality: All forms of moral depravity on the part of the individual or society are indiscipline. Despite socio-cultural differences among societies and nations, every society aspires to maintain effective ethical and moral standards, values and judgment. Examples of immorality are exploitation of man by man, the powerless poor by the powerful rich, acquisition of women or their property by force, display of affluence in the midst of social poverty.
CAUSES OF INDISCIPLINE:
These forms of indiscipline can also be grouped to roughly correspond with the causes or factors of indiscipline. However, there are some factors which cut across all types, or are shared by two or more types. These are as follows:-
POLITICAL CAUSES
- Use of wealth to “buy” political power or to occupy formal or informal position of political influence.
- The conversion of political position to position of acquisition of economic resources, in order to replenish spent wealth.
- Great difficulties in setting up and financing political parties.
- Electoral malpractices and rigging. This includes the use of unregistered and under registered and underage voters, multiple voting. Disenfranchisement of individuals and entire communities by under supply of electoral materials or absence of polling booths. Inflating number of votes and stuffing ballot boxes with casted ballot papers.
ECONOMIC CAUSES:
The central factor here is the conditions of great iniquities in the distribution of wealth.
- The existence of a materialistic and corrupt mode of production and economy.
- Unemployment and underemployment.
- Corruption of leaders, which lead to unequal allocation of resources and misappropriation
BUREAUCRATIC CAUSES:
The basic causative factor, here is that, bureaucrat and public office holders generally see their position as a primary means of gaining access to wealth. Thus, such officers device various means of achieving their goals as for example, in Robert Merton’s theory of social structure and anomie. Specific causes include:
- Job insecurity as found in retrenchments, lay-offs, dismissal, etc.
- Poor or lack of retirement benefits. The experience of pensioners in Nigeria is very sad indeed.
- Corruption of leadership.
- Inflation and general high cost of living.
- Greed and selfishness of the individual persons.
JUDICIAL CAUSES:
Judicial Indiscipline mainly results from conflicts between changing moral codes in society. This is more peculiar with under developed societies that consist of the traditional and the modern ways of life; existing side by side. Specific causes include:
- Time lag existing between new regulations and their enforcement.
- Loopholes that are discovered in our existing laws and rules, which leave room for manometer.
More so, the condonment of conspiration at, collusion and/or connivance with certain unscrupulous elements by certain untamed judicial officers at the grounds of a handful of unethical, un-disciplined and irresponsible action and/or inactions is a serious bane to the attainment of an ideal society particularly in Nigeria and generally in Africa.
The Nigerian Bar and Bench, in the last few years, have been the object scathing criticisms, bordering on poor ethics and corruption.
The sitting President of the Federal Republic of Nigeria once said that “if Nigeria fails to kill corruption, corruption will kill Nigeria.” Corruption is a mountain that we must be brave enough to surmount, if Nigeria is to be a great nation. Only the brave ever becomes great.
Let us hear the opinion of some leaders of thought on the subject-matter of corruption in Nigeria. Our Courts have not failed to make epochal pronouncements, in total condemnation of this cankerworm called corruption.
For instance, Hon. Justice Uwaifo, JSC (as he then was) in the case of ATTORNEY-GENERAL OF ONDO STATE V ATTORNEY-GENERAL OF THE FEDERATION said pointedly that:
“In foreign countries, Nigerians are recognized and regarded as corrupt people; unlike other nationals, no bank will allow Nigerians to open a bank account as of right. The Nigerian green passport, is synonymous with corruption…National Newspapers are filled with stories of loots with money stashed in foreign banks. The stolen resources lost by Nigeria through endemic corruption and abuse of office, have had inimical effect on the economy of the country…The crisis which endemic corruption has triggered off in Nigeria certainly poses exceptional peril to the economic, social and political stability, the national interest and integrity of Nigerian Nation…”.
These were the immortal words of the learned Justices of the Supreme Court of Nigeria when they were dealing with the interpretation and the nationwide application of the Corrupt Practices and Other Related Offences ACT No. 4, 2000 which has now been replaced with the Corrupt Practices and Other Related Offences Act 2003. It was in this same case that the Supreme Court of Nigeria also held that:
“In our own situation, taking the issue of corruption and abuse of power nationally, will best serve the interests of all and the general welfare of Nigeria both nationally and internationally, because corrupt practices have become an overwhelming menace for Nigeria. It can therefore, not be left totally to individual States in Nigeria”.
Historically, Judges were seen as Caesar’s wife living above board. According to Chief Wole Olanipekun, SAN, past President of Nigerian Bar Association:
“It was very unusual in the past, in fact, a taboo, to accuse a Judge of corruption. In a research done some years ago in respect of British Judges, it was found out that, whereas, the Judiciary of Britain is several centuries old, only one allegation of corruption was made against a Judge, and same was proven to be frivolous when investigated. Today, we live in the unimaginable situation of the National Judicial Council (NJC) applying the big stick of dismissing some of our Judges, suspending some, and admonishing others for proven cases of corruption”.
The general perception today, most unfortunately, is that the judiciary of Nigeria is corrupt. It is on record that some Judges in this country once stood trial for one form of allegation or the other.
Very recently, in a publication titled: “Senate Leader Accuses Wealthy Nigerians of Buying Court Judgments’”, the Senate leader of the 8th National Assembly had this to say at a plenary session:
“Ours is a society where people who have so much money buy judgments”.
It therefore, suffices to ask, is the judiciary of Nigeria corrupt? Or some of the Judges in the Nigeria Judiciary? Are these statements one and the same thing? I do not think so. While it may not be contested that a few of the Judges are corrupt – and I dare say that, they are very, very few in comparative terms, I wish to submit that very many Judges and Justices of our courts are not only honest and principled, but also are incorruptible.
We must all rise up to refute this perception and stigmatization of the Nation’s Judiciary, as a corrupt Judiciary. Perception can become real – more than reality, and even more dangerous is when perception attempts to change the reality, as we are being made to believe in Nigeria. The truth about the Judiciary of this country is that it continues to live up to its historic and constitutional responsibilities.
We must not be helpless; otherwise we become captives of a situation we did not create. The corrupt ones must be located and be shown the way out; and the men and women of discipline, principle and integrity must be openly commended. I believe in purification rather than condemnation, in order to help ourselves and the nation.
The Profession of Law is a Profession of leadership. It is first among equals. It is a noble profession, and the members of it must be noble men and women of high ethical standards, and high moral and superior value. That is the Profession you are aspiring to. I cannot wait to welcome you.”
NOW THIS
THE LEGAL PROFESSION AND THE SOCIETY
By training and practice, Lawyers, we are given to appreciate the value of Democracy, as well as the virtues of Rule of Law and good governance. A Lawyer must therefore, not be restricted only to managing his affairs and/or solving the problems of his Clients. Otherwise, such a Lawyer will be justifying the age long criticism that Lawyers are guilty of extreme conservatism, with an unabashed preference for capitalism. He may even be accused of being guilty of primitive accumulation of wealth.
According to Kenneth Kaunda, former President of Zambia:
“The Lawyer in a developing society must be something more than a practicing professional man; he must be more even than the champion of the fundamental rights and freedom of the individual. He must be, in the fullest sense, a part of the society in which he lives and he must understand that society, if he is to be able to participate in its development and the advancement of the economy and social well being of its members”. And then the bombshell:
“The Lawyer must go out beyond the narrow limits of the law, because while the law is the instrument through which the society is preserved in its shape and character, it is the reflection of the society”.
Lawyers must never forget the fact that, by virtue of their calling, they are social Engineers. Chief Afe Babalola, SAN, a leading member of the profession and a foremost Senior Advocate of Nigeria, in a paper he delivered at the 2003 Annual Conference of the Nigerian Bar Association, at Enugu said:
“Lawyers, by virtue of their calling, are looked upon by the larger society sometimes for rescue operations, (figuratively speaking) especially when the society is in dire straits. A good example is when a Nation is undergoing dictatorship or civilian despotism”. (To be continued).
AND THIS
CRACK YOUR RIBS
“Financial stress can make a man stare at his wife and ask. “My sister when are you getting married?””
THOUGHT FOR THE WEEK
“In just about every area of society, there’s nothing more important than ethics”. (Henry Paulson).
LAST LINE
Hope Nigerians are reading, digesting and awaiting the next exploring discourse of Sunday Sermon on the Mount of the Nigerian Project by Chief Mike Ozekhome, SAN, OFR, FCIArb., LL.D?
KN
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