A civil society organisation, the Vanguard for the Independence of the Judiciary, has raised concerns over the practice of political office holders giving gifts to judicial officers, warning that such gestures could undermine public confidence in the nation’s justice system.
In a statement issued on Thursday, the Convener of the group, Douglas Ogbankwa, argued that judges who accept personal gifts from politicians may find it difficult to maintain the appearance of impartiality required by their office.
“A judge who lives in a house gifted to him by a governor or minister, or drives to court in a car gifted to him by a governor or minister, is not likely to rule or decide against the governor or minister,” Ogbankwa said.
According to him, the oath of office taken by judicial officers obliges them to discharge their duties “without affection or ill will,” a responsibility he said could be compromised by accepting gifts from political actors.
“If political actors give gifts to My Lords, other litigants should also be allowed to bring gifts to My Lords to provide a balance of philanthropy,” he stated.
The group maintained that judicial independence is weakened when judges become indebted, directly or indirectly, to individuals who may appear before them in court.
“Judicial independence dies where gratitude begins. When the bench receives personal benefits from litigants or potential litigants, the scales of justice tilt before argument is heard,” the statement read.
Ogbankwa further noted that the National Judicial Council’s Code of Conduct for Judicial Officers requires judges to avoid not only actual bias but also any appearance of bias.
“The National Judicial Council’s Code of Conduct for Judicial Officers is clear: judges must avoid not just actual bias, but the appearance of bias. A gifted house or car creates that appearance and erodes public confidence,” he said.
The organisation called on judicial officers to decline such gifts and urged political office holders to respect the doctrine of separation of powers.
“We call on all judicial officers to reject such gifts. We call on governors and ministers to respect the separation of powers by keeping philanthropy away from the bench. Justice must be blind, not indebted,” Ogbankwa added.
The group also recalled an earlier remark by former Chief Judge of Edo State, Honourable Justice Esther Amenaghawon Edigin, who once advocated greater autonomy for the judiciary.
“Let the Executive remove its knee from the neck of the Judiciary, so that the Judiciary can breathe,” the former Chief Judge had said.