Perspectives on the Nigerian Legal Profession and Judicial Corruption (Published)
It examines the involvement of judges, lawyers and judiciary staff in judicial corruption and also considers the code of conduct in the legal profession in Nigeria. It further examines the role of the Judicial Service Commission, National Judicial Council and the Legal Practitioners Disciplinary Committee in the discipline of members of the legal profession. This chapter concludes that whenever any member of the legal profession is found culpable or in breach of the code of conduct or rules of professional conduct, as the case may be, it is not sufficient for him to be dismissed from his judicial office or have his name struck off the roll. He should, in addition, be handed over to the relevant security agency for prosecution where the misconduct constitutes an offence under any law. This is to restore public confidence in the judiciary and the legal profession in Nigeria.
Keywords: Dismissal, Legal profession, Prosecution, judicial corruption, professional misconduct, public confidence and judiciary.
Re-Evaluation Process, Due Legal Process and Integrity of the Justice System (Albanian Case) (Published)
Albania has entered into the process of the justice system reform, for the dismissal of judges and prosecutors, unsuitable for the function they are exercising. According to the Constitution, re-evaluation for all judges and prosecutors will be carried out on the basis of the principles of due process and respecting the fundamental rights of the re-evaluation subjects. This process will be carried out by two transitional re-evaluation bodies, established by the Constitution, which will give decisions and will examine the appeal against the disciplinary measures that can be appealed as well to the ECtHR by the assessees. This article aims to provide an analysis of the situation of the justice system in Albania and to present the constitutional and legal framework for the re-evaluation process of judges and prosecutors. Subsequently, the paper attempts to summarize the standards required by the ECtHR for cases of dismissal against the assessees. Finally, the paper concludes that, in order for the Albanian state not to be punished in the future, the newly established institutions for the re-evaluation of the justice system subjects should be familiar with the standards of the ECtHR for a due legal process. Furthermore, they should approach their duty in such a way as to avoid possible convention violations during this disciplinary process.
Keywords: Dismissal, Judge, Prosecutor, Reform, Vetting., appeal.