Individual Corruption

Judicial corruption is widespread in Benin and impedes citizens' right to a fair trial. According to the World Bank & African Development Bank 2007, only 35% of the population trust the judiciary. This lack of trust in the capability of the judicial system to secure justice is contributing to the continued practice of mob justice, according to the US Department of State 2009. According to Freedom House 2011, the Beninese judiciary's independence is respected by the executive, however, the courts are considered to be inefficient and prone to corruption. This is further supported by the Bertelsmann Foundation 2010, stating that more than half of the country's judges have been involved in corruption scandals.

Business Corruption

The majority of companies do not have confidence in the Beninese judicial system. According to the US Department of State 2009, companies frequently complain that corruption is particularly widespread at the trial court level, as well as at administrative hearings, and that the honesty and competences of the judiciary staff are quite limited. However, according to the CIPB The Role of the Judiciary in Safeguarding Business Investments and Transaction in Benin 2008 by the Beninese Magistrate Séverine Lawson, companies are playing an important role in sustaining corruption in the judicial system, as the majority of people bribing judicial staff are businessmen who try to influence the court decisions to their favour.   

Furthermore, the US Department of State 2009 reports that the judiciary suffers from a backlog of court cases, with some matters taking two years or more before proceeding to trial. Companies surveyed by the World Economic Forum Global Competitiveness Report 2011-2012 indicate that the lack of judicial independence constitutes a competitive disadvantage in Benin.

Political Corruption

According to Bertelsmann Foundation 2010, the work of the judiciary is hampered by territorial and functional inadequacies as well as corruption. Magistrate Séverine Lawson reports in the CIPB The Role of the Judiciary in Safeguarding Business Investments and Transaction in Benin 2008 that several factors are contributing to creating a dysfunctional judicial system with massive delays in the processing of cases. Among the negative factors that hamper the efficiency of the judiciary are insufficient resources, both with regard to budget allocations, the lack of continued training and the inadequate numbers of staff. Moreover, judicial decisions are often not implemented by authorities with reference to the necessity of preventing public unrest, thus creating a climate of impunity. Furthermore, Magistrate Lawson notes that corruption is a widespread problem.

Frequency

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business executives give the judiciary's level of independence from influences of members of government, citizens, or companies a score of 3.1 on a 7-point scale (1 being 'heavily influenced' and 7 'entirely independent').

- Business executives give the efficiency of the legal framework for private companies to settle disputes and to challenge the legality of government actions and/or regulations a score of 3.5 and 3.2 respectively on a 7-point scale (1 being 'extremely inefficient' and 7 'highly efficient').

The World Bank & IFC: Doing Business 2011:
- Enforcing a commercial contract in Benin is relatively difficult compared to regional and OECD averages, requiring 42 procedures and taking an average of 825 days at a cost of 64.7% of the claim.

The World Bank & IFC: Enterprise Surveys 2009:
- 9.6% of the companies surveyed believe that the court system is fair, impartial and uncorrupted.

Afrobarometer: Summary of Results Benin 2008:
- 36% of respondents in this household survey considered some of the judges and magistrates to be corrupt.

- 28% of respondents considered most of the judges and magistrates to be corrupt.

- 20% of respondents considered all judges and magistrates to be corrupt.

The World Bank & African Development Bank 2007 (in French):
- Only 35% of the households surveyed have trust in the judiciary.

- 75% of business managers mention the influence of corruption in court decisions as a major obstacle to using the courts.