james ushie ebuara nigerian law school, enugu campus , nigeria · the pivotal role of a lawyer in...

Rechtsidee, 3 (2),

P. ISSN. 2338-8595, E. ISSN. 2443

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DOI Link: http://dx.doi.org/10.21070/jihr.v3i2.342

Article DOI: 10.21070/jihr.v3i2.342

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Review Article

The Pivotal Role of A Lawyer in Combating Official Corruption in Nigeria

James Ushie Ebuara

Nigerian Law School, Enugu Campus

Article history: Received 07 October

ABSTRACT

In the past ten years, Nigeria has remained at the apex of the international corruption index. Corruption has reached an epidemic level in Nigeria, its international trade obligations due to its dwindling foreign reserve. Public officials in the past have helped themselves with the pool of public funds without any repercussionthe country has elevated the fight against corruption to a high point, however, there are irreconcilable contradictions in the mechanism of justice apportionment, which tend to neutralize any efforts of the government to bring justice to looters of the public coffers. One of such challenges is the conduct of members of the legal profession. This paper therefore examines the role of lawyers in combating corruption. It demonstrated how lawyers, including members ofshield corrupt government officials from obtaining justice for corruption. The paper suggested ways in which the anticorruption crusade of the federal government will be improved thlawyers that prosecute offenders, defence counsel and the judges in Nigeria

Keywords: corruption; lawyers; legal profession

HOW TO CITE: Ebuara, U. (2016). The Pivotal Role of a Lawyer in Nigeria. Rechtsidee, 3(2), 113-126. doi:http://dx.doi.org/10.21070/jihr.v3i2.342

ABSTRAK

Fakta bahwa Nigeria adalah bangsa yang korup bukan merupakan hal yang baru. Nigeria merupakan

satu Negara yang paling korup di

terus mempertanyakan bagaimana anggota profesi hukum melaksanakan peran mereka dalam menerapkan

hukum karena mereka memiliki keyakinan mutlak dalam hukum sebagai perlindungan terhadap ke

yang merampas kesejahteraan rakyat

mereka. Rakyat menunggu hukum untuk merespon kecenderungan

pada tahap pengecekan, menghentikan atau mengendalik

ketidakmampuan hukum untuk menanggapi masalah ini dengan efektif dan telah menyaksikan korupsi terus

berlanjut dan meluas. Tujuan penelitian ini adalah untuk melihat peran pengacara sebagai hakim, sebagai para

jaksa dan pengacara pembela dalam mempromosikan dan mendorong korupsi dalam politik tubuh kita. Lebih

lanjut penelitian ini juga mengkaji peran pengacara harus dalam pemberantasan korupsi. Pengacara sebagai

agen perubahan sosial harus berada di barisan depan untuk

pembaruan sosial secara umum. Untuk secara efektif memainkan peran ini anggota profesi hukum harus

membersihkan diri mereka dari kecenderungan korupsi dalam pelaksanaannya di pengadilan.

Kata kunci: korupsi; advokat; profesi hukum

), December 2016, 115-130

8595, E. ISSN. 2443-3497

Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsidee

http://dx.doi.org/10.21070/jihr.v3i2.342

Article DOI: 10.21070/jihr.v3i2.342

[email protected] Peer reviewed under reponsibility of UniversitasMuhammadiyah Sidoarjo.

Muhammadiyah Sidoarjo, All right reserved, This is an open access

http://creativecommons.org/licenses/by/4.0/)


Nigerian Law School, Enugu Campus, Nigeria

October 2016; Accepted 27 December 2016; Available online

In the past ten years, Nigeria has remained at the apex of the international corruption index. Corruption has reached an epidemic level in Nigeria, finally bringing the country to its kneels as Nigeria cannot presently meet its international trade obligations due to its dwindling foreign reserve. Public officials in the past have helped themselves with the pool of public funds without any repercussion domestically. The present administration in the country has elevated the fight against corruption to a high point, however, there are irreconcilable contradictions in the mechanism of justice apportionment, which tend to neutralize any efforts of the

rnment to bring justice to looters of the public coffers. One of such challenges is the conduct of members of the legal profession. This paper therefore examines the role of lawyers in combating corruption. It demonstrated how lawyers, including members of the bench (judges) have exploited the loopholes in the Nigerian system to shield corrupt government officials from obtaining justice for corruption. The paper suggested ways in which the anticorruption crusade of the federal government will be improved through the enhanced practices of lawyers that prosecute offenders, defence counsel and the judges in Nigeria.

legal profession; anti-corruption; Nigeria.

Ebuara, U. (2016). The Pivotal Role of a Lawyer in Combating Official Corruption in 126. doi:http://dx.doi.org/10.21070/jihr.v3i2.342

Fakta bahwa Nigeria adalah bangsa yang korup bukan merupakan hal yang baru. Nigeria merupakan

dunia. Masyarakat umum dan bahkan badan eksekutif Pemerintah Federal


hukum karena mereka memiliki keyakinan mutlak dalam hukum sebagai perlindungan terhadap ke

rakyat, dehumanisasi rakyat dan bahkan mengancam keberadaan negara

menunggu hukum untuk merespon kecenderungan korupsi ini dengan menempatkan mereka

tahap pengecekan, menghentikan atau mengendalikan koruptor, mereka telah menyaksikan



n pengacara pembela dalam mempromosikan dan mendorong korupsi dalam politik tubuh kita. Lebih


agen perubahan sosial harus berada di barisan depan untuk reorientasi dalam memerangi korupsi dan



profesi hukum; anti korupsi; Nigeria.

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115

access article under


2016; Available online 31 December 2016

In the past ten years, Nigeria has remained at the apex of the international corruption index. Corruption has finally bringing the country to its kneels as Nigeria cannot presently meet

its international trade obligations due to its dwindling foreign reserve. Public officials in the past have helped domestically. The present administration in

the country has elevated the fight against corruption to a high point, however, there are irreconcilable contradictions in the mechanism of justice apportionment, which tend to neutralize any efforts of the

rnment to bring justice to looters of the public coffers. One of such challenges is the conduct of members of the legal profession. This paper therefore examines the role of lawyers in combating corruption. It demonstrated

the bench (judges) have exploited the loopholes in the Nigerian system to shield corrupt government officials from obtaining justice for corruption. The paper suggested ways in which

rough the enhanced practices of

Combating Official Corruption in

Fakta bahwa Nigeria adalah bangsa yang korup bukan merupakan hal yang baru. Nigeria merupakan salah

n eksekutif Pemerintah Federal


hukum karena mereka memiliki keyakinan mutlak dalam hukum sebagai perlindungan terhadap kecenderungan

dan bahkan mengancam keberadaan negara

dengan menempatkan mereka

, mereka telah menyaksikan



n pengacara pembela dalam mempromosikan dan mendorong korupsi dalam politik tubuh kita. Lebih


reorientasi dalam memerangi korupsi dan



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116

1. Introduction

The arrest in 2004 in London of the Plateau state Governor, Joshua Dariye

of D. S. P. Alamaieyeseigha, who was impeached as Bayelsa state Governor in 200

seriously dented the corporate image of Nigeria in the international corruption index

two incidents together with the arrest and conviction in Nigeria of the former Inspector

General of Police, TafaBalogun for money laundering and Sundry offences

extent of corruption in the country, but dramatically brought to the centre

connection that exists between

Corrupt Nigerian public officers are known to have fat foreign bank accounts even

though they are statutorily prohibited from owning and operating such accounts

public officers do not only siphon funds meant for the benefit of the entire citizenry to foreign

countries, but such funds are usually disguised to preclude the discove

sources, and applied either for the acquisition of property or other economic activities in such

foreign countries. There is no doubt that the loss of such stolen resources through endemic

corruption and abuse of office have had inimical

activities have created enormous distortions in the economic index and resulted in lack of

control on monetary and fiscal policies since a large proportion of the funds are transferred

and remain outside the Nigerian economy. Not only do they impact negatively on the social

and moral fabric of the society, they also affect the productive capacity of the economy and

thus perpetuate the country’s underdevelopment

The Nigerian state enacted the Independent and Cor

Offences Act and the Economic and Financial Crime Commission Act to deal official

corruption and financial crimes both of which have undermined developmental efforts of

government and impeding financial transactions locally

than a decade of the implementation of the said laws, corruption appears to have assumed a

more devastating dimension. The question therefore, is why have we got it wrong?

1“419 of Friday September 3,” The Guardian2“Friday September 16,” This Day Newspaper3 Sunday Eneojo Samuel, Oluseyi Aju, and Moses Elaigwu, “Implication of Economic and Financial Crimes Commission and Corruption on the Consolidation of Democracy and Sustainable Development and Growth in Nigeria from 2004-2008,” Journal of Poverty, Investment and Development

Scholar 4 Paragraph 3, Part 1 of the Fifth Schedule to the 1999 Constitution, which prescribes a Code of Conduct for Public Officers. 5 Florence Anaedozie, “Is Grand Corruption the Cancer of Nigeria? A Critical Discussion in the Light of an Exchange of Presidential Letters.,” Google Scholar Crossref

Rechtsidee, 3 (2), December 2016

P. ISSN. 2338-8595, E. ISSN. 2443



The arrest in 2004 in London of the Plateau state Governor, Joshua Dariye


seriously dented the corporate image of Nigeria in the international corruption index


General of Police, TafaBalogun for money laundering and Sundry offences

extent of corruption in the country, but dramatically brought to the centre

between corruption and underdevelopment.


though they are statutorily prohibited from owning and operating such accounts


countries, but such funds are usually disguised to preclude the discove



corruption and abuse of office have had inimical effect on the economy of the country. These



erian economy. Not only do they impact negatively on the social


thus perpetuate the country’s underdevelopment5.

The Nigerian state enacted the Independent and Corrupt Practices and Other related



government and impeding financial transactions locally and internationally. Curiously, more



The Guardian 21, no. 9 (2004): 1–2. This Day Newspaper 11, no. 3799 (2005): 1.

eyi Aju, and Moses Elaigwu, “Implication of Economic and Financial Crimes Commission and Corruption on the Consolidation of Democracy and Sustainable Development and Growth in

Journal of Poverty, Investment and Development 4 (2014): 19–

Paragraph 3, Part 1 of the Fifth Schedule to the 1999 Constitution, which prescribes a Code of Conduct for

Florence Anaedozie, “Is Grand Corruption the Cancer of Nigeria? A Critical Discussion in the Light of an Exchange of Presidential Letters.,” European Scientific Journal 12, no. 5 (February 29,

December 2016, 115-130

8595, E. ISSN. 2443-3497

http://ojs.umsida.ac.id/index.php/rechtsidee

dx.doi.org/10.21070/jihr.v3i2.342

The arrest in 2004 in London of the Plateau state Governor, Joshua Dariye1 and that


seriously dented the corporate image of Nigeria in the international corruption index3. These


General of Police, TafaBalogun for money laundering and Sundry offences not only show the

extent of corruption in the country, but dramatically brought to the centre-stage the


though they are statutorily prohibited from owning and operating such accounts4 . These


countries, but such funds are usually disguised to preclude the discovery of their actual



effect on the economy of the country. These



erian economy. Not only do they impact negatively on the social


rupt Practices and Other related



and internationally. Curiously, more



eyi Aju, and Moses Elaigwu, “Implication of Economic and Financial Crimes Commission and Corruption on the Consolidation of Democracy and Sustainable Development and Growth in

–36. View Item Google

Paragraph 3, Part 1 of the Fifth Schedule to the 1999 Constitution, which prescribes a Code of Conduct for

Florence Anaedozie, “Is Grand Corruption the Cancer of Nigeria? A Critical Discussion in the Light of an 12, no. 5 (February 29, 2016): 1857–7881.

Review Article


James Ushie Ebuara

This paper therefore sets out to x

fight against corruption and corrupt practices using the legal instruments at their disposal.

Recently the Nigerian President, AlhajiMuhammaduBuhari is quoted as saying that his fight

against corruption is being imped

reactions from many quarters, particularly, the apex body for lawyers and the Judiciary. It is

against this background that concerted efforts must be made to ensure that this cankerworm

does not continue to infect and spread its unhealthy tentacles in the country. This brings to

the fore the fundamental role of law as a malleable regulatory mechanism that can effectively

be used in the fight against these menaces. The crucial question then is, to w

institution and other stakeholders saddled with the responsibility for interpreting the laws

prepared and equipped in the discharge of this enormous task?

This paper therefore examines the role the legal profession as the major stakehol

the administration of justice should play in the fight against corruption using the

instrumentality of the law.

2. The Challenge before the Legal Profession

The present administration predicated its change mantra on fight against corruption

with a view to strengthening public institutions. For instance, a recent statement credited to

the Vice President of Nigeria noted that the immediate past administration in the country

misappropriated huge sums of money, proceeds of crude oil sales in the last te

any visible evidence of improvement in infrastructure.

markedlyevident in the diversion of resources appropriated for purchase of weapons for the

Armed Forces to fight the Boko Haram insurgencyin what is now known

There is consensus among policymakers and indeed, both domestic and international experts

that the present decadence in terms of the corruption index in Nigeria must be confronted by

the strengthening of governmental institutions, especia

lawyers). The challenges of accomplishing this task, which has become the paradoxes of the

Nigerian state, are the irreconcilable fault lines in the fibre of the Nigerian society regarding

6 E. A. Agim, The Role of the Lawyers in Stopping Impunity for Govern

Kleptocracy and Promoting Genuine Democratic Governance

branches: Annual Law Week Presentation, n.d.).7 “Corrupt Persons in Legislature, Judiciary8 The scandal involved monumental financial impropriety by the immediate past administration of President Goodluck Jonathan of a staggering figure of $2.1 billion traced to the office of the National Security Adviser, Colonel Dasukirtd. The money was purporinsurgency, but illegally diverted to various notable personalities in Nigeria to be distributed to voters to influence the outcome of the 2015 presidential elections. Deal?,” P.M. News, 2016. Accessed 25 January 2016.


This paper therefore sets out to x-ray the role of lawyers (Judges inclusive) in the



against corruption is being impeded by the judiciary.6 This statement has generated a lot of



ontinue to infect and spread its unhealthy tentacles in the country. This brings to


be used in the fight against these menaces. The crucial question then is, to w


prepared and equipped in the discharge of this enormous task?

This paper therefore examines the role the legal profession as the major stakehol


the Legal Profession


view to strengthening public institutions. For instance, a recent statement credited to


misappropriated huge sums of money, proceeds of crude oil sales in the last te

any visible evidence of improvement in infrastructure. 7 The misappropriation was


Armed Forces to fight the Boko Haram insurgencyin what is now known



the strengthening of governmental institutions, especially the judiciary and the bar (body of



The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling

Kleptocracy and Promoting Genuine Democratic Governance (Nigerian Bar Association, Ogoja and Ikom branches: Annual Law Week Presentation, n.d.). p.7.

“Corrupt Persons in Legislature, Judiciary–Osibanjo,” The Punch Newspaper, February 22, 2016.The scandal involved monumental financial impropriety by the immediate past administration of President

Goodluck Jonathan of a staggering figure of $2.1 billion traced to the office of the National Security Adviser, Colonel Dasukirtd. The money was purportedly meant to purchase arms (arms deal) to fight the Boko Haram insurgency, but illegally diverted to various notable personalities in Nigeria to be distributed to voters to influence the outcome of the 2015 presidential elections. “Dasukigate: ‘Who Got What’ from $2.1bn Arms

Accessed 25 January 2016. View Item

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117

e of lawyers (Judges inclusive) in the



This statement has generated a lot of



ontinue to infect and spread its unhealthy tentacles in the country. This brings to


be used in the fight against these menaces. The crucial question then is, to what extent can the


This paper therefore examines the role the legal profession as the major stakeholder in



view to strengthening public institutions. For instance, a recent statement credited to


misappropriated huge sums of money, proceeds of crude oil sales in the last ten years without

The misappropriation was


Armed Forces to fight the Boko Haram insurgencyin what is now known as ‘Dasukigate’.8



lly the judiciary and the bar (body of



ment Office Corruption, Dismantling

(Nigerian Bar Association, Ogoja and Ikom

, February 22, 2016. p.34. The scandal involved monumental financial impropriety by the immediate past administration of President

Goodluck Jonathan of a staggering figure of $2.1 billion traced to the office of the National Security Adviser, tedly meant to purchase arms (arms deal) to fight the Boko Haram

insurgency, but illegally diverted to various notable personalities in Nigeria to be distributed to voters to “Dasukigate: ‘Who Got What’ from $2.1bn Arms

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118

political affiliation and patronage, ethnicity, regionalism and religion. These fault lines

directly fuel corruption, mediocrity and nepotism, which are implicated in poor

implementation of policies and unsatisfactory enforcement of laws

President exhibited clear understanding of the impact of corruption on the Nigeria state when

he concluded that no sector of the polity is completely exonerated, from the public to the

private sector, and indeed, the average Nigerian ind

corruption is actually a struggle against the entrenched system.

This statement is constantly reechoed by the anti

Economic and Financial Crimes Commission, who has noted the connivan

of the legal profession in Nigeria with corrupt government officials to help them escape

justice.12 In the case of Ekwenugo v. FRN

similar opinion noting that because Nigerian judges opera

and political atmosphere in Nigeria, they must take into cognizance the nation’s abysmal

performance in the international corruption index in handling corruption cases brought before

them. Indeed, because Nigeria is a co

citizens are bound by the provisions of the constitution, which is supreme.

who hold government offices and exercise governmental power must do so within the

confines of constitutional provisions, for the welfare and prosperity of the people.

such persons rather convert the common good or public fund into their personal use, it

becomes doubtful if governance is operated in accordance with the rule of law, especially the

constitution. The inability of the system to hold people accountable in turn creates impunity

among the managers and administrators of scarce resources.

become an instrument in the hands of those occupying them to plunder and share state

resources amongst themselves in complete disregard of the common good and wellbeing of

the people as it has happened in the past few years in Nigeria, the constitution and other laws

are certainly undermined.

9 Nasir Ahmad Sarkin Dori, “Nexus between Causes, Dimensions, Adverse Effecin Nigeria,” International Journal of Political Science and Development10 Oluwaseun Olawale Afolabi, “The Role of Religion in Nigerian Politics and Its Sustainability for Political Development,” Net Journal of Social Science S11 “Corrupt Persons in Legislature, Jud12 “23rd February, 2016.,” Premium Times13 (2001) 6 NWLR (Pt. 708) 171. 14 Section 1(1) of the Constitution of the federal Republic of Nigeria 1999 as amended.15 Ibid. Section 14(2)(c). 16 Sunday Abraham Ogunode, “Criminal Justice System in Nigeria: For the Rich or the Poor?,” Social Sciences Review 4, no. 1 (2015): 27


P. ISSN. 2338-8595, E. ISSN. 2443



tronage, ethnicity, regionalism and religion. These fault lines


implementation of policies and unsatisfactory enforcement of laws9 10 .



private sector, and indeed, the average Nigerian individual, so that the fight against

corruption is actually a struggle against the entrenched system.11

This statement is constantly reechoed by the anti-corruption Tsar, the Chairman of the

Economic and Financial Crimes Commission, who has noted the connivan


Ekwenugo v. FRN,13 Justice Fabiyi JCA (as he then was) expressed

similar opinion noting that because Nigerian judges operate within the context of the social



them. Indeed, because Nigeria is a constitutional democracy, all organs, institutions and

citizens are bound by the provisions of the constitution, which is supreme.


provisions, for the welfare and prosperity of the people.



n. The inability of the system to hold people accountable in turn creates impunity

among the managers and administrators of scarce resources.16 When government offices


urces amongst themselves in complete disregard of the common good and wellbeing of


Nasir Ahmad Sarkin Dori, “Nexus between Causes, Dimensions, Adverse Effects and Solutions of Corruption International Journal of Political Science and Development 4, no. 3 (2016): 82

he Role of Religion in Nigerian Politics and Its Sustainability for Political Net Journal of Social Science S 3, no. 2 (2015): 42–49. View Item Google Scholar

“Corrupt Persons in Legislature, Judiciary–Osibanjo.” p. 7. Premium Times, February 23, 2016.

Section 1(1) of the Constitution of the federal Republic of Nigeria 1999 as amended.

node, “Criminal Justice System in Nigeria: For the Rich or the Poor?,” 4, no. 1 (2015): 27–39. View Item Google Scholar

December 2016, 115-130

8595, E. ISSN. 2443-3497



tronage, ethnicity, regionalism and religion. These fault lines


. In fact, the Vice



ividual, so that the fight against

corruption Tsar, the Chairman of the

Economic and Financial Crimes Commission, who has noted the connivance of the top notch


Justice Fabiyi JCA (as he then was) expressed

te within the context of the social



nstitutional democracy, all organs, institutions and

citizens are bound by the provisions of the constitution, which is supreme.14 Therefore, those


provisions, for the welfare and prosperity of the people.15 When



n. The inability of the system to hold people accountable in turn creates impunity

When government offices


urces amongst themselves in complete disregard of the common good and wellbeing of


ts and Solutions of Corruption 4, no. 3 (2016): 82–97. Crossref

he Role of Religion in Nigerian Politics and Its Sustainability for Political Google Scholar

node, “Criminal Justice System in Nigeria: For the Rich or the Poor?,” Humanities and

Review Article


James Ushie Ebuara

At the onset of the present administration, which

issue of corruption featured prominently on top of government priorities in a change mantra.

Government efforts have since been refocused on eliminating the menace in the social and

political life of Nigeria. However, as n

against corruption, the judiciary, including the bar has in the past, connived with looters of

the public treasurer to sustain the vicious circle of corruption in Nigeria. Therefore, for the

new campaign against corruption to succeed, the legal profession including the bar and the

bench must be restructured to introduce new procedural and substantive laws to regulate the

practice of law. Although, there are other far reaching reforms within the profession

implemented may go a long way to ensuring adherence to ethical standards. These other

reforms would impact positively on the role of lawyers in combating corruption in Nigeria.

Particularly, members of the legal profession in Nigeria must resolve h

constant conflict between democratic values in criminal cases and the need to maintain their

role as the bearers and guardian of the law in a genuine democracy.

judiciary (bench) has the lead or dominant role in admin

laws because it is the exclusive owner of judicial powers under the constitution.

powers include expounding the legal regimes available in the country and upholding the

legality and legitimacy of the exercise of p

and omissions of individual persons and private bodies.

hand, invokes the exercise of judicial powers to enforce the constitution and other laws in

cases they conduct in courts. Lawyers are specifically trained to administer the rule of law

and therefore, they are exclusively entitled to the license and privileges of law practice. The

society expects that they will function as advocates of the rule of law.

Thus, we shall examine the role of lawyers as prosecutors, defence counsel and judges

in criminal cases involving corruption and other related crimes.

of lawyers as prosecutors. Their duties include:

a. to prosecute and not persecute,

b. give honest, objective and legally sound pre

ensure that the pre-trial criminal processes are fair and produce facts that disclose a

good case against the accused.

17 Fred C Zacharias, “True Confessions About the Role of Lawyers in a Democracy,” no. 6 (2009): 1591–1609. View Item18 Section 6 of the 1999 Constitution of Nigeria as amended.19

Ibid, Section 6(6).


At the onset of the present administration, which came into office in May 2015, the



political life of Nigeria. However, as noted above, one of the key instrument for the fight



against corruption to succeed, the legal profession including the bar and the


practice of law. Although, there are other far reaching reforms within the profession



Particularly, members of the legal profession in Nigeria must resolve how to deal with the


role as the bearers and guardian of the law in a genuine democracy.17

judiciary (bench) has the lead or dominant role in administering the constitution and other

laws because it is the exclusive owner of judicial powers under the constitution.


legality and legitimacy of the exercise of powers by other organs of government and actions

and omissions of individual persons and private bodies.19 Lawyers or the bar on the other


ts. Lawyers are specifically trained to administer the rule of law


society expects that they will function as advocates of the rule of law.

ne the role of lawyers as prosecutors, defence counsel and judges

in criminal cases involving corruption and other related crimes. The starting point is the role

of lawyers as prosecutors. Their duties include:

to prosecute and not persecute,

objective and legally sound pre-trial opinion to investigating officers and

trial criminal processes are fair and produce facts that disclose a

good case against the accused.

Fred C Zacharias, “True Confessions About the Role of Lawyers in a Democracy,” Fordham Law Review

View Item Google Scholar nstitution of Nigeria as amended.

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119

came into office in May 2015, the



oted above, one of the key instrument for the fight



against corruption to succeed, the legal profession including the bar and the


practice of law. Although, there are other far reaching reforms within the profession that if



ow to deal with the


17 For instance, the

istering the constitution and other

laws because it is the exclusive owner of judicial powers under the constitution.18 These


owers by other organs of government and actions

Lawyers or the bar on the other


ts. Lawyers are specifically trained to administer the rule of law


ne the role of lawyers as prosecutors, defence counsel and judges

The starting point is the role

trial opinion to investigating officers and

trial criminal processes are fair and produce facts that disclose a

Fordham Law Review 77,

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120

c. to ensure that only cases with facts that show prima facie ca

d. to be well equipped with good knowledge of all laws relating to the case, good

research writing and criminal pleading skills.

e. to diligently and painstakingly prepare the charge and other processes to commence

the criminal case.

f. to be diligent, honest, dispassionate, zealous and fair in the prosecution of the case.

g. to assist the court in doing substantial justice in the case.

h. to prevent the trial from being frustrated by any abuse of court process and the

dilatory tactics of the defe

i. to pursue and be committed to an expeditious trial of the case.

j. to ensure that the public expectation of legitimate law enforcement is not defeated.

k. to scrupulously adhere to the ethics regulating the Professional conduct of members

of the legal profession.

l. Not to compromise or undermine the efficient prosecution of the case.

Defence advocates are generally private lawyers. As defencecounsel, the lawyer must bear in

mind that as a member of the legal profession, he has a threefold duty to his client

and the society at large.20 As counsel in a criminal case, he has the duty to assert his client’s

position using his best endeavors to explore all lawful defences available to his client on

available facts. However, the scope of this duty to his

a. Saving or rescuing his client from the law.

b. Devising all kinds of tactics to kill the case, including the filing of suits to change

aspects of the pre-trial criminal process to disrupt and frustrate the pre

and pre-empt the ensuing trial process.

c. Exploiting the rules of court meant to facilitate the expeditious disposal of the case, to

delay and frustrate the trial of the case.

d. Engaging in fabrication of facts and advising his client to lie.

e. Securing the discharge and acquittal of his client by all means and at all cost

f. Corrupt influence of the prosecutor or judge to compromise the justice of the case.

A defence counsel is an officer of the court as well as an officer of the legal system

and so has a special responsibility to participate objectively and honestly in the adversarial

truth searching process as well as assist the court in the expeditious trial of the case. He must

also guide the court honestly and properly on the applicable law and assist the court in

20 The famous dictum of Oputa JSC in the case of case of


P. ISSN. 2338-8595, E. ISSN. 2443



to ensure that only cases with facts that show prima facie case are brought to court.

to be well equipped with good knowledge of all laws relating to the case, good

research writing and criminal pleading skills.

to diligently and painstakingly prepare the charge and other processes to commence

be diligent, honest, dispassionate, zealous and fair in the prosecution of the case.

to assist the court in doing substantial justice in the case.

to prevent the trial from being frustrated by any abuse of court process and the

dilatory tactics of the defence.

to pursue and be committed to an expeditious trial of the case.

to ensure that the public expectation of legitimate law enforcement is not defeated.

to scrupulously adhere to the ethics regulating the Professional conduct of members

ession.

Not to compromise or undermine the efficient prosecution of the case.


mind that as a member of the legal profession, he has a threefold duty to his client

As counsel in a criminal case, he has the duty to assert his client’s


available facts. However, the scope of this duty to his client does not include:

Saving or rescuing his client from the law.

Devising all kinds of tactics to kill the case, including the filing of suits to change

trial criminal process to disrupt and frustrate the pre

empt the ensuing trial process.

Exploiting the rules of court meant to facilitate the expeditious disposal of the case, to

delay and frustrate the trial of the case.

Engaging in fabrication of facts and advising his client to lie.

ge and acquittal of his client by all means and at all cost

Corrupt influence of the prosecutor or judge to compromise the justice of the case.


onsibility to participate objectively and honestly in the adversarial



The famous dictum of Oputa JSC in the case of case of Godwin Josiah v. The State (1985) 1 NWLR 125.

December 2016, 115-130

8595, E. ISSN. 2443-3497



se are brought to court.

to be well equipped with good knowledge of all laws relating to the case, good

to diligently and painstakingly prepare the charge and other processes to commence

be diligent, honest, dispassionate, zealous and fair in the prosecution of the case.

to prevent the trial from being frustrated by any abuse of court process and the

to ensure that the public expectation of legitimate law enforcement is not defeated.

to scrupulously adhere to the ethics regulating the Professional conduct of members

Not to compromise or undermine the efficient prosecution of the case.


mind that as a member of the legal profession, he has a threefold duty to his client, the court

As counsel in a criminal case, he has the duty to assert his client’s


client does not include:

Devising all kinds of tactics to kill the case, including the filing of suits to change

trial criminal process to disrupt and frustrate the pre-trial process

Exploiting the rules of court meant to facilitate the expeditious disposal of the case, to

ge and acquittal of his client by all means and at all cost

Corrupt influence of the prosecutor or judge to compromise the justice of the case.


onsibility to participate objectively and honestly in the adversarial



(1985) 1 NWLR 125.

Review Article


James Ushie Ebuara

ensuring that substantial justice is done, avoid doing anything that will disrepute the court in

the expeditious trial of the case, and not to delay and frustrate or out rightly prevent the trial.

He must adhere strictly to the ethics of the profession as

professional conduct.

As members of the legal profession, lawyers are public citizens who enjoy

tremendous amount of public trust and confidence from the people who expect them to use

their knowledge and skills to ensure tha

the rights of the accused are observed, and that trial outcomes meet the objective of

protection of the society. One of the major causes of impunity for crimes of corruption in

government is that defence lawyers neglected their duties to the court and the society and

conducted their clients’ case beyond the legal limits of their duty to their client. They

approach the discharge of their client

from the law and not as a defence to the allegations of facts against him.

It is obvious that most private practitioners adopt the Henry Lord Brougham’s notion

that a lawyer should, “know no one but his client”.

words, he was speaking in direct response to the notion that he, as defence counsel for Queen

Caroline in a charge of treason, should constrain his tactics on her behalf in order to preserve

national interest. Brougham argued that, the lawyer’s commitment to the clie

should outweigh any separate concerns about a properly functioning and secure government.

The duty of the lawyer is to save his client by all means and at whatever cost and hazards to

the detriments of all other persons.

the following approach:-

a. Pre-empting the initiation of criminal case against their clients by filing fundamental

rights enforcement applications purporting to challenge the procedure of their clients’

arrest and detention and contending that there is no reasonable basis for their clients’

arrest and detention.

b. Obtaining injunctions to prevent the prosecution of their client who were involved in

corrupt practices involving stupendous sums of money. But the main object of fi

such applications is to forestall the impending criminal case against their clients.

c. Devising all kinds of dilatory tactics to kill the case.

d. Exploiting the rules of court to delay and frustrate the trial of the case.

21 Ibid. 22 Ibid.




He must adhere strictly to the ethics of the profession as provided for in the rules of



their knowledge and skills to ensure that the aims of law enforcement are not defeated, that



e lawyers neglected their duties to the court and the society and


approach the discharge of their client-advocate duty as a mission to rescue or save their client

m the law and not as a defence to the allegations of facts against him.


that a lawyer should, “know no one but his client”.21 When Lord Brougham uttered these

as speaking in direct response to the notion that he, as defence counsel for Queen


national interest. Brougham argued that, the lawyer’s commitment to the clie



the detriments of all other persons.22 Following Brougham’s notion, some practitioners adopt

empting the initiation of criminal case against their clients by filing fundamental


and contending that there is no reasonable basis for their clients’

Obtaining injunctions to prevent the prosecution of their client who were involved in

corrupt practices involving stupendous sums of money. But the main object of fi


Devising all kinds of dilatory tactics to kill the case.

Exploiting the rules of court to delay and frustrate the trial of the case.

__

121



provided for in the rules of



t the aims of law enforcement are not defeated, that



e lawyers neglected their duties to the court and the society and


advocate duty as a mission to rescue or save their client


When Lord Brougham uttered these

as speaking in direct response to the notion that he, as defence counsel for Queen


national interest. Brougham argued that, the lawyer’s commitment to the client’s interest



notion, some practitioners adopt

empting the initiation of criminal case against their clients by filing fundamental


and contending that there is no reasonable basis for their clients’

Obtaining injunctions to prevent the prosecution of their client who were involved in

corrupt practices involving stupendous sums of money. But the main object of filing


Exploiting the rules of court to delay and frustrate the trial of the case.

__

122

e. Exercising the right to fair hear

of their clients.

f. Fabricating facts and advising their clients to lie.

g. Overriding their client’s decision to admit to the charge against him and setting up a

false defence.

h. Initiating and negotiating

part of the stolen money.

i. Helping their client to hide the stolen funds from the reach of the investigating

agency.

j. Filing appeals against every of their pre

to delay and frustrate the trial process.

k. Influencing judges to compromise the justice of the case.

l. Harassing, intimidating and blackmailing the judge who refuses to be influenced and

insists on the expeditious disposal of the case.

The lawyer as judge presiding over a criminal case or any case, involving allegation

of corruption by holders of public office has the duty to:

a. Ensure that the trial of a corruption case reflects the objectives of the relevant statute

under which an accused is

society.

b. Ensure that the trial is fair and both the prosecution and defence have equal arms.

c. Ensure that public expectation of legitimate law enforcement is not defeated.

d. Be fully committed to the

pace of the proceedings and not allow any party dictate the pace of the proceedings.

e. Ensure that the trial of the case is not delayed and frustrated by the abuse of court

process or the abuse of the exercise of the right of fair hearing and filibustering.

f. Avoid the issuance of injunctions to prohibit or prevent the investigation and

prosecution of persons reasonably suspected of committing an offence.

g. Ensure an expeditious trial and determinati

h. Not allow the use of court processes to disrupt and frustrate the pre

processes those are lawfully carried out by the competent law enforcement agencies,

such as investigation, arrest, detention, searches and obtaining of wri

from persons. 23 Ibrahim Abdullahi, “Independence of the Judiciary in Nigeria: A Myth or Reality?,” Public Administration and Management Research


P. ISSN. 2338-8595, E. ISSN. 2443



Exercising the right to fair hearing in such a manner as to delay and frustrate the trial

Fabricating facts and advising their clients to lie.

Overriding their client’s decision to admit to the charge against him and setting up a

Initiating and negotiating plea bargains that enable their clients to keep a substantial

part of the stolen money.

Helping their client to hide the stolen funds from the reach of the investigating

Filing appeals against every of their pre-trial applications and on interloc

to delay and frustrate the trial process.

Influencing judges to compromise the justice of the case.

Harassing, intimidating and blackmailing the judge who refuses to be influenced and

insists on the expeditious disposal of the case.23

lawyer as judge presiding over a criminal case or any case, involving allegation

of corruption by holders of public office has the duty to:

Ensure that the trial of a corruption case reflects the objectives of the relevant statute

under which an accused is charged in the particular case and the broad objectives of

Ensure that the trial is fair and both the prosecution and defence have equal arms.

Ensure that public expectation of legitimate law enforcement is not defeated.

Be fully committed to the expeditious trial of the case by having a firm control of the


Ensure that the trial of the case is not delayed and frustrated by the abuse of court

f the exercise of the right of fair hearing and filibustering.

Avoid the issuance of injunctions to prohibit or prevent the investigation and


Ensure an expeditious trial and determination of the case.

Not allow the use of court processes to disrupt and frustrate the pre


such as investigation, arrest, detention, searches and obtaining of wri

dependence of the Judiciary in Nigeria: A Myth or Reality?,” International Journal of

Public Administration and Management Research 2, no. 3 (2014).

December 2016, 115-130

8595, E. ISSN. 2443-3497



ing in such a manner as to delay and frustrate the trial

Overriding their client’s decision to admit to the charge against him and setting up a

plea bargains that enable their clients to keep a substantial

Helping their client to hide the stolen funds from the reach of the investigating

trial applications and on interlocutory issues

Harassing, intimidating and blackmailing the judge who refuses to be influenced and

lawyer as judge presiding over a criminal case or any case, involving allegation

Ensure that the trial of a corruption case reflects the objectives of the relevant statute

charged in the particular case and the broad objectives of

Ensure that the trial is fair and both the prosecution and defence have equal arms.

Ensure that public expectation of legitimate law enforcement is not defeated.

expeditious trial of the case by having a firm control of the


Ensure that the trial of the case is not delayed and frustrated by the abuse of court

f the exercise of the right of fair hearing and filibustering.

Avoid the issuance of injunctions to prohibit or prevent the investigation and


Not allow the use of court processes to disrupt and frustrate the pre-trial criminal


such as investigation, arrest, detention, searches and obtaining of written statements

International Journal of

Review Article


James Ushie Ebuara

i. Ensure that the trial process takes into account the very serious nature of the crime

and its effect on the welfare of the society.

j. Properly exercise his discretion in granting or refusing to grant bail pending trial. As

was held in the Supreme Court case of

discretion to refuse bail if the court is satisfied that there are substantial grounds for

believing that applicant for bail pending trial would abscond, or interfere with

witnesses or otherwise obstruct the course of justice. The conditions for granting or

refusing bail were expanded in

charge (ii) the strength of the evidence (iii) the severity of the punishment (iv) crime

record of the accused (v) the likelihood that the accused may jump bail (vi) the

capacity of the accused to suppress evidence (vii) the probability of guilt of the

accused (viii) need for protective custody of the accused.

k. Judiciously and judicially exercis

two democratic values of public interest and the accused’s fundamental right to

personal liberty and privacy. These include ensuring that where there is reasonable

basis for suspecting a person of committ

law enforcement is not defeated by freeing the person and ensuring that the accused’s

right to personal liberty and privacy are not violated during arrest, detention or

search.26

What has happened in the past is

discharge the above listed duties.

trial processes caused by the abusive use of procedural rules of court, lengthy and unjustified

adjournments, lack of commitment of the Judge and filibustering.

trial processes to be disputed and delayed or frustrated by the abusive use of the process to

challenge the legality of such pre

detention, and taking of written statements. Thus, in Nigeria, once a person is suspected of

having stolen public fund or abused his office in a manner that is inimical to the interest of 24 (2002) LPLR at 15. 25 (2007) 5-6 SC at 150. 26 Matthew Burkaa, “The Role of the Judiciary in Combating Corruption in Nigeria,” in Citizens’ Access to Justice on Tuesday 25th September

Courts Ethics, 2012). View Item 27 Eme Okechukwu I, “Strategies for Winning War Against Politically Exposed Persons in Nigeria,” Singaporean Journal of Business Economics, and Management Studies

Google Scholar 28 Ibrahim Lamorde, “Adopting Strategies for the Speedy Dispensation of Corruption Cases: ThFinancial Crime Commission’s Position,” in 2015, (Abuja, 2015). pp. 2-5.


Ensure that the trial process takes into account the very serious nature of the crime

and its effect on the welfare of the society.

Properly exercise his discretion in granting or refusing to grant bail pending trial. As

held in the Supreme Court case of Abacha v. State24 that the trial court has the



nesses or otherwise obstruct the course of justice. The conditions for granting or

refusing bail were expanded in Dokubo-Asariv.FRN25 to include (i) the nature of the


ecord of the accused (v) the likelihood that the accused may jump bail (vi) the


accused (viii) need for protective custody of the accused.

Judiciously and judicially exercise his discretion in resolving conflicts between the



basis for suspecting a person of committing a crime, public expectation of legitimate



What has happened in the past is that in most cases, the judges did not observe and

discharge the above listed duties.27 Many cases were easily frustrated by undue delay in the


ck of commitment of the Judge and filibustering.28 Some judges allowed pre


challenge the legality of such pre-trial processes, such as investigation, search, arres


having stolen public fund or abused his office in a manner that is inimical to the interest of

Matthew Burkaa, “The Role of the Judiciary in Combating Corruption in Nigeria,” in Integrity and Improving

s to Justice on Tuesday 25th September (SERAP MEDIA ROUNDATABLE on Magistrate

Eme Okechukwu I, “Strategies for Winning War Against Politically Exposed Persons in Nigeria,” Singaporean Journal of Business Economics, and Management Studies 1, no. 11 (2013): 60

Ibrahim Lamorde, “Adopting Strategies for the Speedy Dispensation of Corruption Cases: ThFinancial Crime Commission’s Position,” in Nigerian Bar Association Annual General Conference, 24th August

__

123

Ensure that the trial process takes into account the very serious nature of the crime

Properly exercise his discretion in granting or refusing to grant bail pending trial. As

that the trial court has the



nesses or otherwise obstruct the course of justice. The conditions for granting or

to include (i) the nature of the


ecord of the accused (v) the likelihood that the accused may jump bail (vi) the


e his discretion in resolving conflicts between the



ing a crime, public expectation of legitimate



that in most cases, the judges did not observe and

Many cases were easily frustrated by undue delay in the


Some judges allowed pre-


trial processes, such as investigation, search, arrest,


having stolen public fund or abused his office in a manner that is inimical to the interest of

Integrity and Improving

(SERAP MEDIA ROUNDATABLE on Magistrate

Eme Okechukwu I, “Strategies for Winning War Against Politically Exposed Persons in Nigeria,” 1, no. 11 (2013): 60–82. View Item

Ibrahim Lamorde, “Adopting Strategies for the Speedy Dispensation of Corruption Cases: The Economic and Nigerian Bar Association Annual General Conference, 24th August

__

124

society, he rushes to court to file a suit challenging the pre

Such suits are an abuse of process. The effect is that they disrupt and out rightly frustrate the

pre-trial processes by their delayed and protracted hearing and determination. In fact, some of

those cases resulted in the issuance of glaringly unjustified injunctions permanently stopping

the continuation of the pre-trial process and prosecution of persons reasonably suspected of

having committed an offence.

search or arrest and detention of a person reasonably suspected of committing an offence or

the prosecution of such a person for the offence is an abuse of judicial power that disrepute

the court and the due administration of criminal law. It arouses in the

betrayal by the court.

In the few cases that have been tried to conclusion in Nigeria, upon conviction, the

judges impose sentences without regard to trial principles of punishment in criminal law

which requires that sentences must

circumstances of the case and the impact of the offence on the wellbeing of society.

effect of such sentencing pattern on the part of judges is to make a mockery of the entire trial

process and deceive the public that the accused has been tried and punished.

glaringly amount to helping the convict escape proper accountability for his crime against the

people. At the same time, these judgments often fail to recover and restore th

funds thereby allowing the culprits to benefit from the proceeds of their wrongdoing while

leaving the people who are the victims of crime without justice.

prosecutor, the defence counsel and the judge to discharge their

process in respect of corruption cases in Nigeria is responsible for the failed prosecution and

trial of corruption cases and inefficient enforcement of anti

impunity and kleptocracy.34

It is clear that the legal profession can positively impact on the anti

crusade in Nigeria only if members of the profession are able to balance the democratic value

of fair trial in criminal cases with and legitimate public expectation of law enforcement 29 For example the cases of Prince AbubakarAudu v. Economic and Financial Crimes Commission and Executive Chairman, Economic and Financial Crimes Commission, Federal High Court of Nigeria, Suit No. FHC/KD/CS/110/2006. 30 Access to Justice, “The EFCC Lifts the Lid on Corruption in the Judiciary,” Observatory, 2016. pp.1-15. View Item31 Tosin Osasona, “Time to Reform Nigeria ’ S Criminal Justice System,” 3, no. 2 (2015): 73–79. View Item Google Scholar32 Financial Crimes Commission, “Corruption on Trial?The Record of Nigeria’s Economic and Financial Crimes Commission” (August, New York, 2011)33 Sherriff Folarin, “Corruption, Politics and Governance in Nigeria,” n.d.34 Justice, “The EFCC Lifts the Lid on Corruption in the Judiciary.”


P. ISSN. 2338-8595, E. ISSN. 2443



society, he rushes to court to file a suit challenging the pre-trial process and seeking to stop it.


trial processes by their delayed and protracted hearing and determination. In fact, some of

e issuance of glaringly unjustified injunctions permanently stopping

trial process and prosecution of persons reasonably suspected of

having committed an offence.2930 The issuance of an injunction to prevent the investigation or

earch or arrest and detention of a person reasonably suspected of committing an offence or


the court and the due administration of criminal law. It arouses in the public the feeling of



which requires that sentences must have regard to the accused, the nature of the offence, the

circumstances of the case and the impact of the offence on the wellbeing of society.


d deceive the public that the accused has been tried and punished.


people. At the same time, these judgments often fail to recover and restore th


leaving the people who are the victims of crime without justice. 33 The failure of the

prosecutor, the defence counsel and the judge to discharge their respective duties in criminal


trial of corruption cases and inefficient enforcement of anti-corruption laws, resulting in

r that the legal profession can positively impact on the anti


of fair trial in criminal cases with and legitimate public expectation of law enforcement

For example the cases of Prince AbubakarAudu v. Economic and Financial Crimes Commission and ive Chairman, Economic and Financial Crimes Commission, Federal High Court of Nigeria, Suit No.

Access to Justice, “The EFCC Lifts the Lid on Corruption in the Judiciary,” The International Juvenile Justice

View Item Tosin Osasona, “Time to Reform Nigeria ’ S Criminal Justice System,” Journal of Law and Criminal Justice

Google Scholar Crossref Financial Crimes Commission, “Corruption on Trial?The Record of Nigeria’s Economic and Financial

sion” (August, New York, 2011). pp.31-34. View Item Sherriff Folarin, “Corruption, Politics and Governance in Nigeria,” n.d. pp. 14-20. View ItemJustice, “The EFCC Lifts the Lid on Corruption in the Judiciary.” p. 28.

December 2016, 115-130

8595, E. ISSN. 2443-3497



ial process and seeking to stop it.


trial processes by their delayed and protracted hearing and determination. In fact, some of

e issuance of glaringly unjustified injunctions permanently stopping

trial process and prosecution of persons reasonably suspected of

The issuance of an injunction to prevent the investigation or

earch or arrest and detention of a person reasonably suspected of committing an offence or


public the feeling of



have regard to the accused, the nature of the offence, the

circumstances of the case and the impact of the offence on the wellbeing of society.31 The


d deceive the public that the accused has been tried and punished.32 Such sentences


people. At the same time, these judgments often fail to recover and restore the stolen public


The failure of the

respective duties in criminal


corruption laws, resulting in

r that the legal profession can positively impact on the anti-corruption


of fair trial in criminal cases with and legitimate public expectation of law enforcement and

For example the cases of Prince AbubakarAudu v. Economic and Financial Crimes Commission and ive Chairman, Economic and Financial Crimes Commission, Federal High Court of Nigeria, Suit No.

The International Juvenile Justice

Journal of Law and Criminal Justice

Financial Crimes Commission, “Corruption on Trial?The Record of Nigeria’s Economic and Financial

View Item

Review Article


James Ushie Ebuara

public interest. A defence counsel should not view justice from only the narrow point of his

client; justice should be for the accused, the state who is the custodian of public interest and

the society who have been deprived of the benefits of governa

stated the principle of justice in his philosophical conceptualization of justice, by

emphasizing the strict application of the trinity of justice in the determination of criminal

trials.3536 The trial process must reflect the co

common experience is that the defence counsel focuses only on rescuing his client from the

criminal process and disregards the glaring pervasive impact of the crime on society. While

counsel is entitled to represent an accused in a criminal case and not refuse to do so because

of the horrific nature of the alleged crime, he is not to seek to win at all cost or hold himself

out as being on a mission to rescue the accused from justice. He must not sabotage the due

and expeditious process and justice of the case.

It should be noted that the conduct of lawyers in corruption cases in Nigeria has led to

public distrust, contempt and hostility towards the profession. Although, hostility towards the

legal profession on account of misconduct of practitioners is a worldwide phenomenon,

members of the profession in Nigeria frequently escape any sanction for their misconduct.

For example, the legal profession was abolished in Prussia in 1780 and in France in 1789,

though both countries eventually realized that their judicial systems could not function

efficiently without lawyers.39

and the United States in the 1840s, Germany in the 1910s and in Australia, Canada, and

Scotland in the 1980s. Public distrust of lawyers reached record heights in the United States

after the Watergate scandal. In the aftermath of Watergate, legal self

popular among those who wished to solve their legal problems without having

lawyers. Lawyer jokes (already a perennial favourite) also soared in popularity in English

speaking North America as a result of Watergate. In 1989, American legal self

Nolo press published a 171-

throughout human history.40

35 The case of Godwin Josiah v. The State36 J. U. Ebuara, “Victims of Crime under Nigerian Law: An Appraisal” (University of Jos, 2002).37 Ibrahim Abdullahi Frhd, “The Role of Legal Practitioners in the Fight against Corruption in Nigeria,” International Journal of Innovative Legal & Political Studies38 Ibrahim Tanko Muhammad, “That This Profession May Not DieJournal of Sustainable Development Law and Policy39 Agim, The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling

Kleptocracy and Promoting Genuine Democratic Governance40Andrew Roth, Jonathan P. Roth, and Barbara Kate Repa, Lawyers (Berkeley: CA: Nolo Press, 1989)




the society who have been deprived of the benefits of governance. Oputa JSC (as then was)



The trial process must reflect the consideration of the two sets of values. The



nt an accused in a criminal case and not refuse to do so because



d expeditious process and justice of the case.37



account of misconduct of practitioners is a worldwide phenomenon,

members of the profession in Nigeria frequently escape any sanction for their misconduct.


th countries eventually realized that their judicial systems could not function

Complaints about too many lawyers were common in England


otland in the 1980s. Public distrust of lawyers reached record heights in the United States

after the Watergate scandal. In the aftermath of Watergate, legal self-help books became

popular among those who wished to solve their legal problems without having

lawyers. Lawyer jokes (already a perennial favourite) also soared in popularity in English

speaking North America as a result of Watergate. In 1989, American legal self

-page compilation of negative anecdotes about lawyers from

In “Adventures in Law and Justice”, legal researcher Bryan

Godwin Josiah v. The State (supra). J. U. Ebuara, “Victims of Crime under Nigerian Law: An Appraisal” (University of Jos, 2002).Ibrahim Abdullahi Frhd, “The Role of Legal Practitioners in the Fight against Corruption in Nigeria,”

national Journal of Innovative Legal & Political Studies 4, no. 3 (2016): 25–33. View ItemIbrahim Tanko Muhammad, “That This Profession May Not Die : The Need to Flush Out M

Journal of Sustainable Development Law and Policy 5, no. 1 (2015): 219–41. View Item The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling

Kleptocracy and Promoting Genuine Democratic Governance. p. 4. Andrew Roth, Jonathan P. Roth, and Barbara Kate Repa, Devil’s Advocates: The Unnatural History of

Press, 1989). View Item

__

125



nce. Oputa JSC (as then was)



nsideration of the two sets of values. The



nt an accused in a criminal case and not refuse to do so because





account of misconduct of practitioners is a worldwide phenomenon,

members of the profession in Nigeria frequently escape any sanction for their misconduct.38


th countries eventually realized that their judicial systems could not function

Complaints about too many lawyers were common in England


otland in the 1980s. Public distrust of lawyers reached record heights in the United States

help books became

popular among those who wished to solve their legal problems without having to deal with

lawyers. Lawyer jokes (already a perennial favourite) also soared in popularity in English-

speaking North America as a result of Watergate. In 1989, American legal self-help publisher

ecdotes about lawyers from

In “Adventures in Law and Justice”, legal researcher Bryan

J. U. Ebuara, “Victims of Crime under Nigerian Law: An Appraisal” (University of Jos, 2002). Ibrahim Abdullahi Frhd, “The Role of Legal Practitioners in the Fight against Corruption in Nigeria,”

View Item Google Scholar : The Need to Flush Out Miscreants,”


Devil’s Advocates: The Unnatural History of

__

126

Horrigan dedicated a chapter to “Myths, Fictions, and Realities” about law illustrating the

perennial criticism of lawyers as ‘amoral guns for

Comparative Study”, law professor Geoffrey C. Hazard, with Angelo Dondi briefly examined

the “regulations attempting to suppress lawyer misconduct” and noted that their similarity

around the world was paralleled

grievances’ about lawyers that transcends both time and locale, from the Bible to medieval

England to dynastic China.42

using dilatory tactics and false evidence and making frivolous arguments to the courts;

preparation of false documentation, such as false deeds, contracts, or wills; deceiving clients

and other persons and misappropriating property; procrastination in dealings with clients; and

charging excess fees.43 In Ghana during the Jerry Rawlings revolution, there was public

hostility against the legal profession because the lawyers and judges were regarded as

responsible for the reign of impunity and the resulting kleptocracy in Ghana. Four

judges were extra-judicially executed by the revolutionaries, however, many lawyers escaped

to neighbouring West African states.

It should be noted that the unethical practices and obviously unreasonable decisions in

cases of public office corruption by members of the legal profession have created the

pervasive impunity and kleptocracy in the country. Having created this unpleasant situation

that has glaringly endangered the well

lawyers must collectively work towards adhering to ethical standards in the profession,

especially in criminal cases. They must adopt the best ethical practices that would facilitate

expeditious, fair and just trial of corruption cases in order to change the wide h

perception that they connive with perpetrators and beneficiaries of the menace. The right of a

citizen of a country to benefit from the country’s resources is the most important of all his

rights.45 Without it all his constitutional, fundamental

Experience has demonstrated that deprivation of the rights of citizens to the use of their

country’s resources exposes them to dehumanization, pauperization, hopelessness, and

renders them vulnerable to manipulation

41 Bryan Horrigan, Adventures in Law and Justice: Exploring Big Legal Questions in Everyday Life

Press, 2003). View Item 42 Geoffrey C. Hazard and Angelo Dondi, p.302. View Item 43 B. Hazarika, “Role of Lawyer in the Society: A Critical Analysis,” Item Google Scholar 44 Agim, The Role of the Lawyers in Stopping Impunity for Government Office Corruption, Dismantling

Kleptocracy and Promoting Genuine Democratic Governance45 Section 14(2) (b) of the 1999 Constitution as amended.


P. ISSN. 2338-8595, E. ISSN. 2443




perennial criticism of lawyers as ‘amoral guns for hire’.41 More generally, in “Legal Ethics: A



around the world was paralleled by ‘remarkable consistency’ in certain ‘persistent


42 These include abuse of litigation in various ways, including

d false evidence and making frivolous arguments to the courts;



In Ghana during the Jerry Rawlings revolution, there was public


responsible for the reign of impunity and the resulting kleptocracy in Ghana. Four

judicially executed by the revolutionaries, however, many lawyers escaped

to neighbouring West African states.44


uption by members of the legal profession have created the


that has glaringly endangered the well-being of the citizenry and the existence of our country,

ust collectively work towards adhering to ethical standards in the profession,


expeditious, fair and just trial of corruption cases in order to change the wide h



Without it all his constitutional, fundamental and other legal rights become illusory.



renders them vulnerable to manipulation by a small cabal of corrupt officials.

Adventures in Law and Justice: Exploring Big Legal Questions in Everyday Life

Geoffrey C. Hazard and Angelo Dondi, Legal Ethics: A Comparative Study (Stanford University Press, 2004).

B. Hazarika, “Role of Lawyer in the Society: A Critical Analysis,” The Clarion 1, no. 1 (2012): 148


Kleptocracy and Promoting Genuine Democratic Governance. p.26. 14(2) (b) of the 1999 Constitution as amended.

December 2016, 115-130

8595, E. ISSN. 2443-3497




More generally, in “Legal Ethics: A



by ‘remarkable consistency’ in certain ‘persistent


These include abuse of litigation in various ways, including

d false evidence and making frivolous arguments to the courts;



In Ghana during the Jerry Rawlings revolution, there was public


responsible for the reign of impunity and the resulting kleptocracy in Ghana. Four High court

judicially executed by the revolutionaries, however, many lawyers escaped


uption by members of the legal profession have created the


being of the citizenry and the existence of our country,

ust collectively work towards adhering to ethical standards in the profession,


expeditious, fair and just trial of corruption cases in order to change the wide held public



and other legal rights become illusory.



by a small cabal of corrupt officials.

Adventures in Law and Justice: Exploring Big Legal Questions in Everyday Life (UNSW

(Stanford University Press, 2004).

1, no. 1 (2012): 148–52. View


Review Article


James Ushie Ebuara

3. Conclusion

Nigeria is ranked among the most corrupt nations in the world.

as well as the public suffer a great deal of discomfort on this unenviable status to which our

nation has deteriorated. Political leaders over the years paid lip service to eliminating

corruption. The present leadership has however, vowed to deal decisively with corruption and

corrupt practices. The crucial question we have attempted to answer in this paper is what role

the legal profession has to play in the renewed effort at eliminating corruption. The paper

found that members of the legal profession have been implicated in many corruption cases in

Nigeria and that this happened because lawyers including judges have fa

ethical standards in the profession while the mechanism of enforcement of these standards is

lacking. The paper therefore suggested new practices which members of the legal profession

must implement in dealing with cases involving officia

of the roles of the prosecutor, the defence counsel and the judge. Indeed, the paper concludes

that the anti-corruption crusade of the present government would not succeed if the conduct

and practices of members of th

suggestions of the paper.

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