Corruption
is a form of dishonest or unethical conduct by a person entrusted with a
position of authority, often to acquire personal benefit. Corruption may
include many activities including bribery
and embezzlement, though it may also involve practices that are legal
in many countries. Government, or
'political', corruption occurs when an
office-holder or other governmental employee acts in an official capacity for
personal gain. The judiciary (also known as the judicial
system or court system) is the system of courts
that interprets and applies the law
in the name of the state.
The judiciary also provides a mechanism for the resolution of disputes.
In some nations, under doctrines of separation of powers,
the judiciary generally does not make law (which is the responsibility of the
legislature) or enforce law (which is the responsibility of the executive), but
rather interprets law and applies it to the facts of each case. In other
nations, the judiciary can make law, known as Common
Law,
by setting precedent for other judges to follow, as opposed to Statutory
Law
made by the legislature. The Judiciary is often tasked with ensuring equal justice under law.
piecing the preceding definitions together, it can be deduced that an incorruptible judiciary is a
law-interpreting and law-applying system, that is not susceptible to dishonest
or unethical conduct. An incorruptible judiciary in addition to a flawless law,
using the word of God as a standard/basis is exactly what we need to build a
progressive and equitable society.
We
live in an era whereby the legal principle known as ‘The Rule of Law’ which
states that “law should govern a nation, as opposed to being governed by
decisions of individual government officials” does not have a strong grip on
the society. As a result, the indicting segments of the law, most often applies
only to people who fall below a particular benchmark in the social and economic
strata. People are celebrated and recognised based on a power and wealth
acquisition scale, regardless of how they were acquired, rather than integrity.
Consequently, high moral standard, honesty, integrity and the likes are getting
out of fashion in geometric progression, and development and economic
advancement are continuously being retarded, owing to a situation whereby the
rich are getting richer at the expense of the poor and the society at large.
This is a foundational problem emanating as a result of unbecoming
interpretation and application of the law in the name of the state/society by
the judiciary, triggered by the rise in corruption. This calls for drastic
measures. However, the solution to every problem lies in the word of God, as
will be referred to in subsequent paragraphs.
Rebuilding
the foundation is one way to make the judiciary incorruptible. “if the
foundation be destroyed, what can the righteous do?” (Psalm 11:6). That entails
that even the righteous –people that are committed to doing the right thing at
all times and circumstances – can be rendered helpless if things are not right
at the foundational level. The foundation of equity, justice and progress in
any society is the judiciary. In a society whereby people that interpret and
apply the law are not totally exonerated from corruption usually related to
misuse of their positions for selfish interest, such a society will continually
deplete from one depth of jeopardy to another. That was the problem of the Pharisees,
Sadducees, Sanhedrims and the scribes in the bible; they administered the law
to every other person except themselves. They were so knowledgeable about the
scriptures that they could quote it to cover their wrong doings and escalate those
of others. "Or how wilt thou say to thy brother, Let me pull out the mote out of thine eye; and, behold, a beam is in thine own eye? Hypocrite! First cast out the beam from your eye, and then you will see
clearly to cast out the splinter from the eye of your brother" (Mathew 7:4-5). It was a case of ‘do what I say and not what I do’ tackling
foundation-based problems has to do with breaking the backbones of corruption
in the judiciary system. When people who interpret and apply the laws that
govern the society are corrupt, there is deterioration in the progress of such
an unfortunate society.
However,
when the judiciary is not susceptible to corruption and do not give in to
corrupt advances, regardless of the illicit financial and political benefits
attached to such acts, corrupt government officials will learn to look before
they leap. They will become more law-abiding, knowing that they are not above
the law and cannot influence the rulings of the judiciary with their position
of authority or money. Hence, corrupt practices such as embezzlement of public
funds, misappropriation of funds approved for projects in the society and
government allocation will be reduced to the barest minimum. This will help to
create a society where things work, where the law is not only applicable to
people that are not rich or influential enough to illicitly wave away the
consequences of mutiny against the law. Therefore, equity and progress comes
into play in the society.
In
our society today, the wealth of the entire nation is unevenly distributed
among the masses. This arises as a result of manipulation and amendment of the
law for selfish interest, to favour a particular division of the society based
on ethnicity biases/prejudice of the judiciary. A situation whereby the rich
and influential people recommend unqualified candidates related to them in one
form or the other for positions and benefits, is ghastly retarding progress in
the society, but if the judiciary is active and proactive, such acts will be
addressed. Applicants will be admitted by merit into higher institutions for
fear of indictment by a judiciary that is active and proactive. This will help
improve the educational sector by ensuring that only qualified candidates who
will able to withstand the rigors of academic pursuit and won’t have to cheat
or bribe their way through school will be admitted into higher institutions. Hence,
promoting true academic excellence and producing graduates that are employable
in the labour market worldwide.
An
incorruptible judiciary will help create a room for infrastructural and
economic development. Auditors will become incorruptible as well and will do
their jobs thoroughly for fear of indictment by the judiciary. Hence,
contractors of government and non-governmental projects will endeavour to
execute their projects satisfactorily. consequently, there will be good roads,
steady power supply, and other infrastructural development.
In
a society whereby the judiciary is incorruptible, core societal values will be
restored. The masses will become more law-abiding, knowing that law implementation/application
cannot be influenced to their favour. People will be left with no other option
than to follow due procedures that are legitimate, bringing about equity,
orderliness, quality service and progress in the society. Furthermore, crime
will be reduced to the barest minimum.
In
a society where there is a law-interpreting and law-applying system that is not
susceptible to dishonest or unethical conduct, political corruption will be
minimised, leaders of such a society
will emerge by merit. Rogues rebranded leaders who are only interested in
treacherously getting what they term their ‘share of the national cake’ rather
than serving as good leaders, will not emerge as leaders, as a result of proper
application of the law. It is written in the Holy Bible that “Better is a poor and a wise child than an old and foolish king, who will no more be admonished”
(Ecclesiastes 4:13).
Credible
interpretation and application of the law brings about a conducive environment
for investment. Aspects of the law that favour economic growth and stability will
be properly implemented, hence, creating a conducive environment for
investment. This will also encourage foreign investors to invest in such a
society, thereby, creating job opportunities, catalysing industrialization and
development.
Considering
all these facts, there is still hope for a society drowning as a result of
corrupt judiciary. The bible states it clearly in the book of 2 Chronicles 7:14
that “If my people, which are called by my name, shall humble themselves, and
pray, and seek my face, and turn from
their wicked ways; then will I hear from heaven, and will forgive their
sin, and will heal their land”. There is always a U-turn on the road of every
revolution. Hence, to catalyse equity and progress in any society, corruption
has to be stamped out of the judiciary and the judiciary has to be made
incorruptible to sustain the progress. One way through which this can be
achieved, is by restructuring the law in such a way that its indicting parts
can be applicable to citizens of any social stratum – high class, middle class
and low class –, including the judiciary, law makers and enforcers.
Adeniran
David Adedire
Ilesa-West
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