INVESTIGATION AND PROSECUTION OF JUDICIAL OFFICERS IN NIGERIA: EFFECTS ON THE INDEPENDENCE OF THE JUDICIARY AND JUDICIAL IMMUNITY

Abstract

In the light of the fundamental role of the judiciary in the society, it is important to ensure its independence and impartiality in carrying out its functions. The essence of the common law/statutory concept of judicial immunity as well as the constitutional provisions on independence of the judiciary is to guard the judges in the performance of their onerous tasks of acting as the guardian of the constitution and the fundamental rights, among others; to ensure that they are permitted to administer these tasks independently and freely, without fear or favour. However when judgments are obtained fraudulently, the society and the nation are endangered. It is therefore a very worrisome development that the judiciary in Nigeria is being accused of corruption and the spate of investigations and prosecutions of judges for corruption in Nigeria is on the increase. Though a welcome idea; for by the nature of the judicial function, the worst form of corruption is judicial corruption, caution has to be exercised to ensure that the necessary procedures are followed and that this is done for the right reasons. The paper discusses the investigation and prosecution of the judicial officers in the light of the corrupt antics of the political class and the necessity to ensure that this is done rightly to avoid exposing the judicial officers to the whims and caprices of the executive and the legislature. This is necessary, to ensure that the judiciary is not striped of their independence and become slaves of the executive, as that will have very harrowing effects on our fledging constitutional democracy. The paper after appraising concludes that the rising tide of corruption is wide spread in Nigeria with the Judiciary not left out. However there is need in curbing the corruption particularly in the judiciary to observe all the constitutional and other statutory safeguards that are necessary to insulate them from the antics of other arms of government in order not to create undue fear in the judicial officers and thus erode their independence.