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Article

Vasudev Das

The purpose of this paper is to diagnostically explore the phenomenon of judicial corruption in Nigeria, its causative factors and generate strategies such as sonic…

Abstract

Purpose

The purpose of this paper is to diagnostically explore the phenomenon of judicial corruption in Nigeria, its causative factors and generate strategies such as sonic therapeutic intervention, among others, that would facilitate an amelioration of the situation. The judiciary which is supposed to be last hope of justice for the Nigerian citizenry has been proven beyond reasonable doubt to have been infected with the virus of corruption, and therefore, an urgent call for action to rectify the situation is imperative.

Design/methodology/approach

The study uses a qualitative approach rooted in case study tradition.

Findings

The findings showed that power and testosterone, cheating proclivity, family pressure, qualitative passion and ignorance, low self-control, inordinate kleptocratic desire, unrestrained mind and sensory modalities, phenomenological mindset and identity crisis as endogenous contributive factors of judicial corruption in Nigeria.

Research limitations/implications

The limitation of the study stemmed from the fact that inasmuch as a perception of corruption and corruption are cultural phenomena, the study results cannot be generalizable.

Practical implications

The practical implication of the research is rooted in the fact that the Nigerian judiciary can gain from the study results and recommendation(s) if implemented without fear or favor for the overall renewal of the judiciary and the nation at large.

Social implications

The study is geared toward ameliorating the Nigerian corrupt judiciary or repositioning the judiciary on its pivotal dignity, and hence, its social implication cannot be overemphasized inasmuch as a positive social change would prevail if the study results and recommendation(s) are aligned with and implemented.

Originality/value

Inquiry on judicial corruption through the lens of qualitative research with Nigeria as a case study is highly understudied, and hence, this research fills the gap in the financial crime literature.

Details

Journal of Financial Crime, vol. 25 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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Article

Habeeb Abdulrauf Salihu and Hossein Gholami

The purpose of this study is to examine corruption in the Nigeria judicial system, the implications on justice administration and the fight against corruption in the…

Abstract

Purpose

The purpose of this study is to examine corruption in the Nigeria judicial system, the implications on justice administration and the fight against corruption in the country, and proffer recommendations on ways to eradicate corruption in the system.

Design/methodology/approach

This paper is essentially a desk research with reliance on secondary source of data in published outlets such as journal articles, online articles and books.

Findings

There is prevalence of corruption in the judicial system, and it is one the obstacles hindering the fight against corruption in the country.

Originality/value

Its scope is limited to issue and content analysis of judicial corruption in Nigeria.

Details

Journal of Financial Crime, vol. 25 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

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Article

Ehi Eric Esoimeme

This paper aims to examine the new anti-corruption policy of the National Judicial Council of Nigeria to determine the level of effectiveness of its preventive measures…

Abstract

Purpose

This paper aims to examine the new anti-corruption policy of the National Judicial Council of Nigeria to determine the level of effectiveness of its preventive measures and to provide recommendations on how the policy could be strengthened.

Design/methodology/approach

This paper relies mainly on primary and secondary data drawn from the public domain. It also relies on documentary research.

Findings

This paper determined that the anti-corruption policy of the National Judicial Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: The Central Bank of Nigeria should permanently discontinue production of large denomination bank notes like the 1,000 naira notes and the 500 naira note. This policy will make it more difficult for corrupt judicial officers to smuggle significant amounts of cash out of Nigeria. The Constitution of the Federal Republic of Nigeria should be amended to allow ordinary citizens to participate in the criminal justice system. The jury system will speed up corruption trials, reduce bias, corrupt inducement of judges and enhance administration of justice in Nigeria. Statutes and civil procedure rules should require lawyers to certify “after reasonable enquiry” that motions have not been interposed for delay. As most courts experience high rates of adjournment because of medical illness, the adjournment policy of the National Judicial Council of Nigeria should be amended to require a doctors’ certificate and, if necessary, require the doctor to appear, with costs met by the lawyer. The National Judicial Council of Nigeria should be constitutionally mandated to provide the Attorney General of the Federation with a copy of any petition filed against a judicial officer by a member of the public.

Research limitations/implications

This paper focuses on the new anti-corruption policy of the National Judicial Council of Nigeria. It does not address the older policies.

Originality/value

This paper offers a critical analysis of the new anti-corruption policy of the National Judicial Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.

Details

Journal of Money Laundering Control, vol. 21 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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Article

Fabian Zhilla

The purpose of this paper is to explore the interplay between customary norms and organised crime and consider their implications for judicial corruption.

Abstract

Purpose

The purpose of this paper is to explore the interplay between customary norms and organised crime and consider their implications for judicial corruption.

Design/methodology/approach

This paper analyses the links between judicial corruption and organised crime in the Western Balkans generally, and focuses on the role of customary norms in Albania in particular. The paper takes stock from secondary sources and a series of semi‐structured expert interviews with judges, prosecutors, and lawyers in Albania.

Findings

This study explains that the impact of customary norms in the interplay between organised crime and judicial corruption in the Western Balkans generally, and in Albania more specifically, although not frequently used, is real and that it carries significant consequences.

Research limitations/implications

Due to differences among cultures in the Western Balkans, findings based on Albania are suggestive only for similar societies and indicate areas for future research.

Originality/value

The paper demonstrates that mechanisms of customary norms such as vendetta and blood feud killings can neutralise the judiciary and law enforcement agencies when they have been manipulated by organised crime out of their social context for criminal purposes.

Details

Journal of Financial Crime, vol. 18 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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Expert briefing

Leaked transcriptions of taped conversations involving senior judges point to systematic corruption in the judiciary. Previous attempts to clean up the justice system have…

Details

DOI: 10.1108/OXAN-DB236290

ISSN: 2633-304X

Keywords

Geographic
Topical
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Article

Jacques P. Nguemegne

Past studies on corruption and anticorruption efforts in Africa lacked the systemic perspective. Yet, efforts of a constellation of state and non - state anticorruption…

Abstract

Past studies on corruption and anticorruption efforts in Africa lacked the systemic perspective. Yet, efforts of a constellation of state and non - state anticorruption institutions tends to yield not less but more corruption. Focusing on Cameroon (West Africa), this study is a holistic attempt at an institutional appraisal of the scope and effectiveness of the anticorruption system. It is based on a thorough description and a critical analysis of essential structures, functions and processes of the system, with an emphasis on their missions, goals, activities, structures as well as their actual outcomes and limitations. The researcher suggests that, because of the numerous structural and functional weaknesses, Cameroon’s anticorruption system has failed. Clear suggestions for effective reform of the system and rapid corruption minimization are made.

Details

International Journal of Organization Theory & Behavior, vol. 14 no. 1
Type: Research Article
ISSN: 1093-4537

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Article

William Fairbairn

The purpose of this paper is to consider and evaluate judicial independence in China, through reviewing the value in its presence, assessing its current state in China and…

Abstract

Purpose

The purpose of this paper is to consider and evaluate judicial independence in China, through reviewing the value in its presence, assessing its current state in China and evaluating what the future holds for it.

Design/methodology/approach

The paper reviews the benefits of judicial independence in its support of the rule of law. Following this, an evaluation of the current independence of the judiciary in China is presented. The reforms of the judiciary in the Fourth Plenary Session and the outlook for judicial independence in China are assessed.

Findings

The paper finds that judicial independence in China cannot be said to exist, being vulnerable to influence from a variety of sources. There is, however, progress observed, and this is expected to continue.

Originality/value

This paper’s consideration of judicial independence in China and its outlook are framed with discussions of the relationships between judicial independence and the rule of law, and the Chinese state and the rule of law. The paper should thus contribute to discussion of the development trajectory of China in this important facet.

Details

Journal of Financial Crime, vol. 23 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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Executive summary

PERU: Judicial joust may not stifle corruption

Details

DOI: 10.1108/OXAN-ES238912

ISSN: 2633-304X

Keywords

Geographic
Topical
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Article

Gbenga Oduntan

A new republic has just begun in Nigeria in 2015 with the election of two anti-corruption crusaders as President and Vice president, respectively. Although very few…

Abstract

Purpose

A new republic has just begun in Nigeria in 2015 with the election of two anti-corruption crusaders as President and Vice president, respectively. Although very few empirical studies exist on the subject of corruption within the justice system in Nigeria the intolerable popular impression is that the machinery of justice in Nigeria is quite notoriously corrupt. The aim of this paper is to identify strategies and mechanisms that will enhance the professionalism, effectiveness, integrity, accountability and transparency of the organisations within Nigeria’s administration of justice system both at the federal and state levels including Ministries of Justice, the Police, the Prison Service, immigration, customs and even the Bar.

Design/methodology/approach

Literature research is used to examine the problem. The author looks at corruption in the context of Nigerian laws. He tabulates the offences within the scope of the prohibition against corruption in Nigeria, as well as the incidences of corruption within the various sections of the criminal justice system. The prescriptive recommendations are divided into short-, medium- and long-term measures.

Findings

That corruption is actually prevalent in all areas of the Nigerian justice system. It is crucial that an impression must be made by the new administration in this area within a very short frame of time to arrest the situation and to reverse the damage caused so far.

Research limitations/implications

Word limit has not enabled us to go into deeper analysis. Lack of objective studies done from within the Nigeria justice sector itself on the manifestation of corruption.

Originality/value

Very original analysis based on unique insight into the issue as academics, lawyers and practitioners within Nigerian anticorruption institutions.

Details

Journal of Money Laundering Control, vol. 20 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

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Article

Hakeem O. Yusuf

This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial

Abstract

Purpose

This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial accountability.

Design/methodology/approach

The article draws on legal and political theory as well as comparative law perspectives.

Findings

The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition.

Practical implications

Effective judicial mediation of political transition requires a transformed and accountable judiciary.

Originality/value

The article calls attention to the need for judicial accountability as a cardinal and integral part of political transitions.

Details

International Journal of Law and Management, vol. 50 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

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