USING OUR LEGAL TOOTH TO REDUCE CORRUPTION
A write up by ABDULGANIY .O. ABDULGANIY a student of Law at Lagos State University.
USING OUR LEGAL TOOTH TO REDUCE CORRUPTION
The word ‘corruption’ has been the topic of argument amongst Nigeria scholars, elites and the unlettered as the problem of Nigeria. Corruption originated from the Greek word ‘corruptus’ which means ‘derived.’ According to black law dictionary, corruption is defined as ‘a vicious and fraudulent intention to evade the prohibitions of the law; something against or forbidden by law ; moral turpitude or exactly opposite of honesty involving intentional disregard of law from improper motives’ in other words, it the act of an official or fiduciary person unlawfully and wrongfully uses his station character to procure some benefit for himself or for another person, contrary to duty and the rights of others. Corruption can be divided into two; financially induced corruption and structurally induced corruption. Financially induced corruption can be sub-divided into two; corruption aggravated by needed as an act of taking advantage of the inconsistencies inaccuracies and fault of the law, or lacunas in a system that attention hasn’t been given to. An example of this is lack of data ; an NGO or a government agency is asked to provide a commodity or a service to members of the public, due to inadequacy or inaccuracy of data the total number to be provided for is escalated. Example 1000naira each hundred people where their actual number is thirty. Such a person has taken advantage of the structural inaccuracy. Financially induced corruption is an act of taken advantage intentionally, neglecting natural justice due to monetary benefits that will be derived from such act. As aforementioned, there are two types of financially induced corruption which are; corruption aggravated by need and corruption aggravated by greed. Corruption aggravated by greed is utilising a fraudulent opportunity based on the discontent and desire to illegitimately ,or legitimately but unfairly being avaricious at the expense of others . For example, a public officer who embezzle public funds, or a security officer who receives bribe to pervert justice. When such an office collects bribe due to underemployment or based on unpaid salary, this is corruption aggravated by need. Corrupt activities involves, bribery, embezzlement falsification of documents, forgery, cybercrime , favouritism ,nepotism among others.
Using Nigeria as a case study where corruption is the reigning menace of the day. President Buhari said ‘if we don’t kill corruption, corruption will kill Nigeria’ … and indeed it has killed Nigeria’s economy . The rising price of commodity, the high rate of unemployment, kidnapping, robbery, bunkery , terrorism, sophisticated cybercrimes ,bribery , and other numerous vices. The legal profession is well known for nobility, fairness, impeccable character , consciousness to attain justice in all ramifications ,intellectualism and generally the legal profession is described to be a knowledge market and not a labour market. But at this present stage, lawyers are the backbone of corrupt politicians, societal bad-eggs, and even constituting the myriads of lazy law makers who are either interested in warming the chairs bought with Nigeria’s money, or sharing monies meant for constituency development . The Law is now a tool for perpetration of injustice. Its so saddening that lawyers are pointed at, when issues of national and economic demolitions are mentioned. We as the next generation of lawyers are to strive towards the collective greatness of Nigeria and the redemption of the already battered reputations senior colleagues has given the field as a result of not taking cognisance of integrity, good name , advancement of the country ,and most importantly for justice to prevail. Show the positivity in the field and stop using the technicalities of the law to pervert justice. Amongst us are the next generation of future justices, lawmakers, let the legal profession be an advantage for the assembly and not a cheer waste of remuneration and unworthy stipend.
I will end this with the obiter dictum of learned justice from another jurisdiction , Lord Denning , in directing his forensic eloquence to the discourse of justice in the celebrated case of metropolitan railway V Lanon (1924)1kb where he particularly ,expressly and unequivocally stated that ‘JUSTICE IS ROOTED IN CONFIDENCE ,AND CONFIDENCE IS DESTROYED ,WHEN A RIGHT MINDED MAN LEAVES THE COURT , THINKING THAT THE JUDGE WAS BIASED’ I therefore urge my learning colleagues, and the practising lawyers to help us fight corruption in the judiciary by not enticing judges with provoking sums , and judges should also assist the spirit of attrition in the fight against corruption
ABDULGANIY .O. ABDULGANIY
USING OUR LEGAL TOOTH TO REDUCE CORRUPTION
The word ‘corruption’ has been the topic of argument amongst Nigeria scholars, elites and the unlettered as the problem of Nigeria. Corruption originated from the Greek word ‘corruptus’ which means ‘derived.’ According to black law dictionary, corruption is defined as ‘a vicious and fraudulent intention to evade the prohibitions of the law; something against or forbidden by law ; moral turpitude or exactly opposite of honesty involving intentional disregard of law from improper motives’ in other words, it the act of an official or fiduciary person unlawfully and wrongfully uses his station character to procure some benefit for himself or for another person, contrary to duty and the rights of others. Corruption can be divided into two; financially induced corruption and structurally induced corruption. Financially induced corruption can be sub-divided into two; corruption aggravated by needed as an act of taking advantage of the inconsistencies inaccuracies and fault of the law, or lacunas in a system that attention hasn’t been given to. An example of this is lack of data ; an NGO or a government agency is asked to provide a commodity or a service to members of the public, due to inadequacy or inaccuracy of data the total number to be provided for is escalated. Example 1000naira each hundred people where their actual number is thirty. Such a person has taken advantage of the structural inaccuracy. Financially induced corruption is an act of taken advantage intentionally, neglecting natural justice due to monetary benefits that will be derived from such act. As aforementioned, there are two types of financially induced corruption which are; corruption aggravated by need and corruption aggravated by greed. Corruption aggravated by greed is utilising a fraudulent opportunity based on the discontent and desire to illegitimately ,or legitimately but unfairly being avaricious at the expense of others . For example, a public officer who embezzle public funds, or a security officer who receives bribe to pervert justice. When such an office collects bribe due to underemployment or based on unpaid salary, this is corruption aggravated by need. Corrupt activities involves, bribery, embezzlement falsification of documents, forgery, cybercrime , favouritism ,nepotism among others.
Using Nigeria as a case study where corruption is the reigning menace of the day. President Buhari said ‘if we don’t kill corruption, corruption will kill Nigeria’ … and indeed it has killed Nigeria’s economy . The rising price of commodity, the high rate of unemployment, kidnapping, robbery, bunkery , terrorism, sophisticated cybercrimes ,bribery , and other numerous vices. The legal profession is well known for nobility, fairness, impeccable character , consciousness to attain justice in all ramifications ,intellectualism and generally the legal profession is described to be a knowledge market and not a labour market. But at this present stage, lawyers are the backbone of corrupt politicians, societal bad-eggs, and even constituting the myriads of lazy law makers who are either interested in warming the chairs bought with Nigeria’s money, or sharing monies meant for constituency development . The Law is now a tool for perpetration of injustice. Its so saddening that lawyers are pointed at, when issues of national and economic demolitions are mentioned. We as the next generation of lawyers are to strive towards the collective greatness of Nigeria and the redemption of the already battered reputations senior colleagues has given the field as a result of not taking cognisance of integrity, good name , advancement of the country ,and most importantly for justice to prevail. Show the positivity in the field and stop using the technicalities of the law to pervert justice. Amongst us are the next generation of future justices, lawmakers, let the legal profession be an advantage for the assembly and not a cheer waste of remuneration and unworthy stipend.
I will end this with the obiter dictum of learned justice from another jurisdiction , Lord Denning , in directing his forensic eloquence to the discourse of justice in the celebrated case of metropolitan railway V Lanon (1924)1kb where he particularly ,expressly and unequivocally stated that ‘JUSTICE IS ROOTED IN CONFIDENCE ,AND CONFIDENCE IS DESTROYED ,WHEN A RIGHT MINDED MAN LEAVES THE COURT , THINKING THAT THE JUDGE WAS BIASED’ I therefore urge my learning colleagues, and the practising lawyers to help us fight corruption in the judiciary by not enticing judges with provoking sums , and judges should also assist the spirit of attrition in the fight against corruption
ABDULGANIY .O. ABDULGANIY
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