SERAP calls for tougher sanctions on corrupt Nigerian lawyers

lawyers

Following growing allegations of corruption against some senior lawyers and their alleged complicity or facilitation of judicial corruption, the Socio-Economic Rights and Accountability Project, SERAP, has called “for tougher sanctions against those found to be involved if large scale political corruption is to be meaningfully combated and corruption-free judiciary is to become a reality.”

In a statement dated February 14, 2016 and signed by SERAP executive director Adetokunbo Mumuni, the organisation said, “It’s not only professional misconduct but also a crime for a lawyer to knowingly assist or induce another to break, violate or attempt to violate the rules of professional conduct or commit a corrupt act and other action prejudicial to the administration of justice that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.”

The statement reads in part: “Lawyers are officers in the temple of justice but improperly influencing a public official to achieve results by means that violate lawyers’ rules of professional conduct or knowingly assisting a judge or judicial officer in conduct that violates applicable rules of judicial conduct or other laws is a clear negation of this sacred duty.”

“Yet, corrupt lawyers and judges often get away with their misconduct and crime. This impunity has contributed to the spo­radic and lax prosecution and punishment of officials responsible for large-scale corruption, while, conversely, imposing severe sanctions for petty corruption and criminals, so as to give the impression of justice. This situation violates the underlying legal and moral assumptions that all persons will be treated equally, fairly, and with respect.”

“Any lawyer who acts in such a way as to be directly responsible for the act of corruption or acts as part of a conspiracy to corrupt should face liability as a “principal” offender.” Even where a lawyer is not directly responsible for the act of corruption but facilitates or otherwise provides assistance to a principal offender, he/she should be liable as an accessory or accomplice. This accountability mechanism for lawyers and judges must follow due process of law.”

“The obligation on lawyers not to engage in illegal activities is vital in upholding professional standards and obviously extends to the activities of bribery and corruption, as lawyers must not themselves breach, or facilitate a breach, of the law.”

“For the sake of the legal profession, the cause of justice and effective remedies for victims of large scale corruption such as the arms procurement scandal, appropriate authorities particularly the Nigerian Bar Association (NBA) have to speak out strongly against corruption in the legal profession.”

“The NBA has to provide strong leadership including by strongly and publicly speaking out against corruption in the legal profession and the judiciary, promoting tougher sanctions against corrupt lawyers even if those involved are senior members of the bar including SANs, and judges and creating, developing and actively promoting anticorruption initiatives for the legal profession if it is to remain credible, relevant and add value to the ongoing fight against large scale corruption in the country.”

“The NBA in fact has an abiding responsibility to consistently and proactively promote and ensure lawyers’ compliance with anti-corruption and ethics rules, and to encourage lawyers to carry out their professional duties diligently and conscientiously and refrain from doing anything which would expose the legal profession to ridicule.”


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  • Sunday

    Corrupt lawyers and judges must be brought to account. Very well said SERAP

    • Esquire2000

      Editor Premium Times,

      Scrap that S.A.N chieftaincy title!

      Nigerians say it loud and clear. They have no faith, regard or respect, for the bogus title of S.A.N.
      It is a meaningless chieftaincy title with no correlation whatever with what any particular lawyer knows.
      The meaningless has been obvious in the public domain where the so-called S.A.Ns commit blunders.
      The S.A.Ns are into moneylaundering, they steal clients’ money, bribe Judges and steal about anything.
      The S.ANs add no value to the legal profession because those awarded the title are majorly numb-skull.
      Scrap that S.A.N chieftaincy title and remove it as a mere mask given to criminals to operate at noon.

      • God dey

        You put it so eloquently! Nigerian SANs are cash and carry lawyers

  • kay

    THE JUDICIARY IS NOW THE GREATEST OBSTACLE IN THE FIGHT AGAINST CORRUPTION. END OF STORY!!!!

  • olukayodemajek

    The fight against corruption and other impunity will only be won if all people of good will join this great fight against corruption that has held our nation down for a long time. Kudos to SERAP for fighting a good fight.

  • linkhadj.

    Esquire 2000, I had nothing else to add to your brilliant submission. C-o-u-r-t !