Corruption in the judiciary caused by outsiders —Justice Mamman Nasir, retired Supreme Court Justice

Justice Mamman Nasir, an elder statesman and an accomplished legal luminary, was, at various times, a crown counsel, president of the Court of Appeal and a Supreme Court Judge. He holds the traditional title of Galadiman Katsina and the District Head of Malumfashi in Katsina State. Now 90 years old, he speaks with MUHAMMAD SABIU on sundry issues affecting the polity.

Are you not disturbed by the spate of corruption allegedly in the judiciary? 

Every government of the day is made up of three arms, that is, the executive, the legislative and the judiciary. Indeed, these three arms formed the government and are supposed to work together. The role of the judiciary here is to ensure that the other arms obey the laws and abide by the constitution and, where necessary, pass judgment against defaulters or otherwise. In the present circumstance, to be specific, to limit ourselves to the topic of discussion, that is, corruption, you will always find that it is the executive and legislative arms that are always accused of being corrupt or rather perpetrating corruption as the case may be. Thus, it could be correctly said that the present problem of corruption in the judiciary was initiated by the executive and the legislative.

The two arms are saddled with the responsibility of providing honest and responsible government. For instance, while, the legislative is supposed to make the laws, the executive is supposed to implement these laws. On the other hand, the judiciary is to ensure that the two arms did not breach any law. So, in comparison, if you take the three arms, corruption is more pronounced in the executive and the legislative arms. For instance, if you examine 1,000 cases, you will hardly find 100 cases that are shrouded with corruption. Please, don’t get me wrong, I am not trying to shield the judiciary. Of course, as a human institution, the judiciary is not immune to corruption and neither are the judicial officers above making mistakes. But what I am saying is, the judiciary still enjoys people’s confidence, compared to the other arms.

To me, it is premature therefore to start blaming the judges that were accused of being corrupt. Let us wait for the courts to give their verdict before passing the buck. So, I want to say here, without mincing words, that it is the two arms of government that are corrupting the judiciary. You hardly hear where the judiciary is corrupting either the executive or the legislative. So, to me, the judiciary has done a lot and is still doing a lot to douse the political tension in some states and even the country. Take for instance the crisis in Ondo State, if not for the judiciary, there could have been a major political earthquake that could have led to loss of lives, because there was a political logjam before the court finally set the tune for election. So, I am suggesting that all the remaining political cases, whether inter or intra, that are before the courts across the country should be treated with dispatch and such cases disposed as part of measures to address perceived corruption in the judiciary.

Who do you then blame for the entrenched rot?

It is important also to note, inasmuch as we have the constitution whether the constitution is the worst or the best document for us, that the judiciary has the duty to preserve its sanctity and ensure that every arm of government respects it. The constitution may have its flaws, but we have to appreciate the fact that it is still the highest document in the land. I could recall that it was the military leadership at that time who wanted an American model of democracy that gave us this constitution.

Don’t you think the judiciary needs to be reformed?

Nonetheless, it is time we start talking on how the judiciary can be improved. First, it is important for the judiciary to be accorded the same kind of respect other arms receive. Secondly, it is also important that the welfare and emoluments of judges and judicial officers are enhanced and the judiciary become more independent. Things were not like this before. So, we have to go back and see where we went wrong. In the First Republic, our leaders then were not materialistic. If you take all the leaders in the North, East and West, you cannot point to one millionaire. If you take the late Premier of the Northern Region, Sir Ahmadu Bello, you cannot point at one property and say it belongs to the premier. The leadership then was sincere and honest. They were united in the struggle for independence. Fortunately for me, I worked with almost all the leaders this country has produced.

What is your take on the increasing call for the restructuring of the country?

I am proposing a honest government. Our major mistake as a country was the various military interventions that we witnessed. We started well at the beginning; even Yakubu Gowon, who was a military Head of State, was so magnanimous when, even after the war, he declared in an unequivocal term ‘No Victor, No Vanquished’. Interestingly, also after the war, those Easterners who left back their property and investments in the North came back to see their belongings. The government then set up an agency which collated the property of the Igbo and when they returned, they were handed over all their belongings. This is the type of trust and honest leadership I am talking about. So, I am an advocate of ‘One Nation, One Destiny’. The current agitations, using tribe and religion, are our greatest undoing. Even the religions that we are known for should be used to unite Nigerians and not to divide us.

What is your view on the clamour for a declaration of the State of Biafara?

To me, the issue of Biafra was a finished case long time ago. The late Chief Odumegwu Ojukwu, who was the prime actor in the agitation for State of Biafra, surrendered and was later granted presidential amnesty by the government of Alhaji Shehu Shagari. Even, before then, Ojukwu was living happily in the Northern Region. It is only in Nigeria that a rebel would come back and be accepted. If it were in other countries, Ojukwu would have been shot since, but he was recognised till his last breath. Like him, there are many Igbo today who are living happily in the North. They have investments running into billions.

So, I was reading recently on the papers, where President Muhammadu Buhari was appealing to the youth to forget the issue of Biafra as it had been settled since. I think, the president’s appeal was in the right direction. So, if you look at the market in front of my house, you will realise that most of the shop owners are Igbo. Where do you want them to go? I have the strong conviction that if you asked them where they want to remain, they would tell you here (North). It is desirable that we should stop creating unnecessary enmity. So, I am against any form of division in whatever name. We should learn to live together and unite.

What is your assessment of the present administration at the federal level? 

The president has so far shown great commitment to move the country forward. We must appreciate the fact that he took over a sick country; he is trying hard to see that Nigeria is back on track. He knows that Nigerians are not finding things easy. So let›s be patient with him. If you look at the security of the country, especially the Boko Haram, the president has done remarkably well. Also, he has this penchant to fight corruption. So far, billions of looted funds have been recovered. I think in other areas, like cattle rustling, kidnapping and militancy in the Niger Delta, the government is trying very hard to address these issues. He is also strongly canvassing for the diversification of the economy. Sincerely speaking, he needs our support and prayers because he cannot do it alone.

On a lighter note, you are well advanced in age, how do you relax?

I read newspapers and, sometimes, get briefs from my chambers. I still attend functions, if I am invited. With the little time left for me in this world, I always feel happy when I preach for peace in our land; when I preach for a united Nigeria; when I preach for equality, for transparency in government and good governance. The issue of tribe, ethnicity and religion should not be joined in running the affairs of this country.