A critical analysis of the anti-corruption policy of the national judicial council of Nigeria

Author:Ehi Eric Esoimeme
Position:Cardiff University, Cardiff, UK
Pages:253-263
SUMMARY

Purpose This paper aims to examine the new anti-corruption policy of the National Judicial Council of Nigeria to determine the level of effectiveness of its preventive measures and to provide recommendations on how the policy could be strengthened. Design/methodology/approach This paper relies mainly on primary and secondary data drawn from the public domain. It also relies on documentary research. Findings This paper... (see full summary)

 
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A critical analysis of the
anti-corruption policy of the
national judicial council of Nigeria
Ehi Eric Esoimeme
Cardiff University, Cardiff, UK
Abstract
Purpose This paper aims to examine the new anti-corruption policy of the National Judicial Council of
Nigeria to determinethe level of effectiveness of its preventive measures and to providerecommendations on
how the policy couldbe strengthened.
Design/methodology/approach This paper relies mainlyon primary and secondary data drawn from
the public domain.It also relies on documentary research.
Findings This paper determinedthat the anti-corruption policy of the National Judicial Council of Nigeria
could achieve its desired objectivesif the following recommendations are implemented:The Central Bank of
Nigeria should permanently discontinue production of large denomination bank notes like the 1,000 naira
notes and the 500 naira note. This policywill make it more difcult for corrupt judicial ofcers to smuggle
signicant amounts of cash out of Nigeria. The Constitution of the Federal Republic of Nigeria should be
amended to allowordinary citizens to participate in the criminal justicesystem. The jury system will speed up
corruption trials, reducebias, corrupt inducement of judges and enhance administration of justice in Nigeria.
Statutes and civil procedure rulesshould require lawyers to certify after reasonable enquirythat motions
have not been interposedfor delay. As most courts experience high rates of adjournmentbecause of medical
illness, the adjournment policy of the National Judicial Council of Nigeria should be amended to require a
doctorscerticateand, if necessary, require the doctor to appear, with costs met by the lawyer. The National
Judicial Council of Nigeria should be constitutionally mandated to provide the Attorney General of the
Federationwith a copy of any petition led against a judicial ofcer by a member of the public.
Research limitations/implications This paper focuses on the new anti-corruption policy of the
NationalJudicial Council of Nigeria. It does not address the older policies.
Originality/value This paper offers a criticalanalysis of the new anti-corruption policy of the National
JudicialCouncil of Nigeria. The paper will provide recommendationson how the policy could be strengthened.
This is the only paperto adopt this kind of approach.
Keywords Money laundering, Judicial corruption, National judicial council of Nigeria,
National judicial policy
Paper type Research paper
1. Introduction
Corruption in the judiciary poses a serious threat to the implementation of anti-money
laundering and counter-terrorist nancing (AML/CTF) recommendations because people
involved in money laundering, corruption and predatory crimes are often left out of the
noose of prosecution irrespective of the hard efforts made by investigating agencies to
ensure that these criminals are brought to justice [The Inter-Governmental Action Group
against Money Launderingin West Africa (GIABA), 2010].
The Constitution of the Federal Republic of Nigeriaas well as International and regional
human rights instruments recogniseas fundamental the right of everyone to due process of
law, including to a fair and public hearing by a competent, independent and impartial
tribunal established by law[1]. The importance of this right in the protection of human
Anti-corruption
policy in
Nigeria
253
Journalof Money Laundering
Control
Vol.21 No. 3, 2018
pp. 253-263
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-01-2017-0001
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1368-5201.htm

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