Realist Jurisprudence and the Therapy for Judicial Corruption in Nigeria

Abstract

Justice as a worthwhile virtue is a glue that cements the fabric of society. It is the fundamental and material term in the social contract of human society. As conflict is inevitable in human society, the feeling that there is justice keeps the society in motion. It follows therefore, that every legal system must be structured in a manner that will guarantee justice to the various strata and individual members whom the legal system is designed to serve. In a democratic society with powers of the government decentralized into the executive, legislative and the judiciary, the judiciary is the primus inter pares in the issue of justice and all the citizens look towards it in the practical realization of justice. This is why the judiciary is commonly referred to as the last hope of the common man. The expectation of the common man is dashed when the judiciary is influenced by extraneous factors that defeat the course of justice. Realist jurists have a better understanding of the judiciary than other school schools of jurisprudence; hence the objective of this study is to combat judicial corruption in Nigeria by applying the therapy of Realist Jurisprudence.This study is a mixture of two research methodologies- empirical and doctrinal methodologies. The empirical data are derived from the personal experience and observation of the author as a Legal practitioner in Nigeria and the feedback from other colleagues whose views are similarly based on their experience. The doctrinal method entails the collection of data from both primary and secondary sources. Secondary source includes data from textbooks, journal articles, newspapers, internet etc.The study reveals that judicial corruption is endemic in Nigeria as it has infected the various hierarchies of the courts in Nigeria. It can be stamped out through both preventive and curative approach with the understanding of the tenets of legal realism.

Keywords: Corruption, realist jurisprudence, justice, idiosyncrasies, adjudication etc.