In its report, titled: “Nigeria Corruption Index: Report of a pilot survey” covering the period of 2018-2020, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) revealed a chilling and disturbing statistics. According to the then chairman of the commission, Prof. Bolaji Owasanoye (SAN), six female judges were offered the sum of Three billion, Three Hundred and seven Million, Four Hundred and forty-Four Thousand Naira (N3, 307,444,000.00) in bribe while five male judges reported Three hundred and Ninety-two Million, Two Hundred Thousand Naira (N392,222,000.00) bribe. All the bribes were directly connected to election petition disputes. Behind these brazen and putrefying acts of judicial corruption often operates a less visible but equally insidious force: the retired judges, whose consultancy services have become a veritable but often ignored indirect vehicle for influence peddling and judicial manipulation especially in election petition cases.
Another study carried out in 2023 but published in July 2024 on the pattern and trend of corruption in Nigeria showed that in 2023 alone, about 52% of bribes paid to public official were requested directly. 23% were paid indirectly while 9% went through facilitate procedures. Within the mix of these indirect and facilitate procedures lies the consultancy services provided by retired judges.
By dint of both statutory and constitutional provisions, retired judges are barred from engaging in legal practice: Rules 6(3-4) of Rules of Professional Conduct 2007 provides that a judicial officer who has retired shall not practice as an advocate in any court of law or judicial tribunal in Nigeria and shall not sign any pleading in any court.
Section 292(2) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) provides that any person who has held office as judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria. The above laws have received judicial reaffirmation in the case of Ateke vs Afejoku 1994 9 NWLR PT 368, @379 where the supreme court held that retired judicial officers cannot practice as legal practitioners in Nigeria.
Though the law bars retired judges from returning to practice as barristers and solicitors, it however did not bar them from offering consultancy services. Currently, many retired judges are on the retainer of law firms of many senior lawyers. You would see some of the names of retired justices of Supreme Court, Court of Appeal, Federal and State High Court judges on the letterhead of such law firms as consultants. Sadly, there is currently no clear-cut laws or rules regulating the nature, scope, and limits of these consultancy services.
The lack of legal and regulatory framework in the regulations of the services offered by these retired judges has made some of these judges to now exploit their prestige, network, contacts and insider knowledge to sway court outcomes especially in election petition and other high profile non-election cases. As the allegation of judicial corruption continued unabated, the need for both legal and regulatory frameworks to regulate the consultancy services offered by retired judges becomes a national imperative.
This discourse therefore explores how unregulated consultancy services by retired judges contribute to Nigerian seeming intractable judicial corruption, and undermines our democracy. The discourse further demands urgent reforms in order to plug all the conduits through which serving judges are easily reached and influenced in order to restore eroding and corroding integrity of the Nigerian judiciary.
Retired judicial officers refer to those judges that have served and retired from our superior courts of records. In Nigeria, superior courts of records are the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court, High Court of States, the High Court of FCT Abuja, Customary Court of Appeal, as well as Sharia Courts Appeal of various States in Nigeria.
These retired judges occupy a unique position of influence arising from several years of legal expertise on the bench and deep network of connection within the judiciary. With these reputations of authority, the retired judges are highly sought after by law firms, politicians, foreign and local corporations for consultancy services. On the surface, these consultancy services appear legal and legitimate since it merely involves offering strategic legal advice, drafting detailed and comprehensive legal opinions, distilling and isolating legal issues from complex factual web, and providing guidance in complex litigations. However, beneath this veneer, the said consultancy services often serves as special purpose vehicles for trading on judicial contact and corruption.
For example, it was on record, that the consultancy services of Retired Hon Justice Alfa Belgore, a former Chief Justice of Nigeria was retained by the Process and Industrial Development (P&ID) Limited, an Irish Engineering Company and his legal opinion was instrumental in the $9.6 Billion arbitration award against Nigeria by an Arbitration Tribunal in the United Kingdom. Although this arbitration award has been set aside due to the discovery of some corruption that under laid it, but the lessons therein still reinforces, though from a different perspective, the dangers of unregulated consultancy services by retired judges in Nigeria.
The mechanisms of consultancy services by retired judges are very subtle yet pervasive. Retired judges may act as intermediaries or middlemen, delivering bribes, or exerting pressure on sitting judges to secure favourable ruling. In addition to their houses often serving as less intrusive meet-ups points, social gatherings like birthday parties, religious events or private dinners become venues for these retired jurists to leverage personal relationships, subtly influencing active judges. In high profile cases like election petition cases, these consultancies can border on case fixing, with retired judges advising Senior Advocate of Nigeria (SAN) on how to navigate the judiciary or even establishing contacts with judges handing the matter. A serving judge driving to the house of his colleague who has retired at any given time would not raise an eyebrow. In the same manner, a retired judge driving to the house of a serving judge would not raise an eye brow as much as it would where a lawyer does so.
Some discreet investigation carried out showed that serving judges who want to be on election petition tribunals have reached out to notable retired judges for recommendation to the Chief Judges of their State for selection. Politicians with hints of the roles these retired judges played in having a judge selected for election petition tribunal would be forced to have the retired judges on consultancy role in that election petition cycle.
Sometimes, this is so discreetly done that it would be difficult to connect the dangerous dots. The way it works is that if a judge in State A is deployed to state D on election petition role; if a politician in State D becomes privy to the role the retired judge who played in his selection, he would proceed to have such retired judge on consultancy retainer for purpose of that election petition tribunal going on in State D. the retired judge would provide consultancy services to the politicians legal team before the election petition. By doing so, it becomes easy to establish contact and meet up between the politician and the tribunal in state D. It is not only in election petition cases, retired judges trade their influences; they also do so in high profile non-election cases.
The ICPC’s 2021 corruption index underscores this reality, noting that sixteen percent of justice sector respondents experienced blatant bribe demand, often tied to electoral cases, with intermediaries like retired judges playing vital roles. The scale of this problem is systematic. It must be noted that not all retired judges engage in this corrupt practices, however, the absence of regulation often creates fertile ground for abuse.
In the United Kingdom, retired judges face strict regulations on post-retirement practices whether in the main or via consultancies, however, Nigerian judiciary has no such regulation at all. This gap has allowed consultancy services by retired judges to flourish as a shadow industry where influence is traded under the guise of expertise.
The consequences of unchecked consultancy services are enormous. First, it corrodes public trust in the judiciary as the public can no longer trust the judiciary. When ordinary Nigerians think that justice is for sale facilitated by retired judges’ influence, they lose faith in the rule of law. Secondly, unregulated consultancies by retired judges compromise judicial independence. Active judges often bound by personal royalties or patronage network may feel pressured to align with the interest of retired judge who mentored them or shared social ties. This dependence undermines the judiciary’s ability to resist political interference particularly in cases involving powerful elites facilitated by influence of retired judges.
The 2016 raids on the homes of judges where cash and incriminating documents were allegedly found exposed the depth of this vulnerability. Thirdly, unregulated consultancy services exacerbate inequality before the law. Wealthy litigants and politicians who can afford the consultancy fees of retired judges gain unfair advantage while ordinary Nigerians are left to navigate the compromised system.
Unregulated consultancy services by retired judges are more than a legal loophole; it is a less intrusive conduit for judiciary corruption, an avenue for meet up between the judicial bribe givers and takers. This constitutes a threat to Nigerian democracy, economy and social fabric. By facilitating influence peddling and case fixing, these services perpetuate a judiciary where justice is a commodity for the highest bidder, yet it is not an intractable problem. With legislative, institutional and cultural reforms, Nigeria can reclaim its judiciary as a beacon of hope and fairness. It is against this backdrop that we offer the following proposal for regulation:
1. Let a law be enacted prohibiting retired judges from providing consultancy services of any form or scope involving active litigation or interaction with siting judges for at least ten year after retirement. This cooling off period is believed would severe the immediate influence of retired judges over the judiciary.
2. Retired judges should be barred from being on retainers of law firms, politicians or local or foreign corporation or having their names on the letterhead or directory of such law firms or corporations. No law firm should be allowed to have or published names of any retired judge as its consultant. This publication most time is subtle signpost to litigants and politicians. Politicians are more likely to retain a law firm that has an influential retired judge like a former Chief Judge, a retired justice of a Supreme Court, a retired President of a Court of Appeal or a retired justice of court of appeal.
3. Retired judges must disclose all consultancy engagement including clients, fees, nature of services. Open and transparent dealings would forestall illicit dealings and allow public scrutiny.
4. Retired judges must not offer consultancy services on election petition matters.
5. Expand the jurisdiction of National Judicial Council and scope of the code of conduct to include retired judges at least 10 years after such retirement. The code should include sanctions for violation, such as baring offenders from judicial pensions or honorary roles.
6. Establish independent body under NJC or ICPC to monitor retired judges’ consultancy activities. Such body must comprise serving and retired judges of impeccable reputation, legal scholars and civil society representatives.
7. Conduct regular audit of retired judges’ financial dealings to detect suspicious payment disguised as consultancy fees.
8. Ensure a merit base appointment and adequate remuneration of active judges to reduce their susceptibilities external influence.
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