Chairman Presidential Advisory Committee Against Corruption Professor Itse
Sagay SAN has advocated “stiff punishment for counsel, particularly Senior
Advocates, who have turned obstruction and frustration of proceedings on
high-profile corruption cases into an art.”
Sagay said such punishment for SANs must include denial of right of
appearance in such high profile and grand corruption cases.
Sagay said this today at Socio-Economic Rights and Accountability Project
(SERAP)’s latest media roundtable titled: Strategies and Approaches for
the Successful Completion and Effective Prosecution of Abandoned and
Unresolved High Profile Cases of Corruption in Nigeria. Combating Grand
Corruption and Impunity in Nigeria. The roundtable held in Ikeja Lagos is
organized in collaboration with TrustAfrica.
The Attorney General and Commissioner for Justice of Ogun State Mr.
Olumide Ayeni who chaired the event said, “Any person who loves this
society will welcome and attend events of this nature. It is a very
important subject we are here to discuss, to find ways of addressing the
cankerworm that has evaded our society.”
Mr Okoi Obolo- Obla, Special Assistant on Prosecution to President
Muhammadu Buhari who represented the Attorney General of the Federation
and Minister of Justice Abubakar Malami SAN said, “I admire what SERAP is
doing. It is not Buhari’s work to fight corruption alone, it is all our
fight. It is corruption that is fuelling this agitation by the different
groups.”
Mr. G.K Latona Head of Legal, of the Economic and Financial Crimes
Commission (EFCC) representing EFCC Chairman Ibrahim Magu said, “We are
not working at cross purposes with the Office of the Attorney General of
the Federation; we are cooperating with them. We have a wide range of
corruption cases in concert with state agencies. The Attorney General
Office has the right to initiate new high-profile corruption cases and
investigate it themselves without waiting for cases initiated by the EFCC.
We are also working on best practices manuals for the prosecutors and
investigators If you want a corrupt free society, we must all work towards
it.”
Mr. Abubakar Balarabe Mahmoud SAN President Nigerian Bar Association said
“Lawyers should report to NBA anything they observe in court that is
corrupt.”
In his paper, Sagay also urged prosecuting counsel in grand corruption
cases “to apply to reinstate any case struck out for want of
prosecution. In cases requiring appeal, the authorities must apply for
leave to appeal out of time, and prepare evidence and legal arguments
thoroughly, including by inviting consultants to advise.”
According to Sagay, prosecuting authorities must “Insist on full
application of Sections 306 and 396 of the Administration of Criminal
Justice Act, namely: No stay of proceedings under any circumstances – S.
306.Any preliminary objection must be taken together with the substantive
issue – S. 396(2), and hearings shall be on a daily basis, but in
exceptional cases, adjournments not to be in excess of 14 working day, may
be granted. Such adjournments not to exceed 5 in any proceedings – S. 396
(3) and (4).”
Sagay also recommended that, “A High Court Judge who is elevated whilst
presiding over a criminal case, should be allowed to conclude the case
without any effect on his new status. The Head of various Courts, namely
Chief Justice of Nigeria; President, Court of Appeal; Chief Judge of the
Federal High Court; and Chief Judges of State High Courts, should be
sensitized about the very critical nature of the fight against high-level
official corruption to Nigeria’s development and the welfare of its
peoples.”
Sagay’s other recommendations read in part: “Pending the establishment of
a Special Crimes Court for the whole country, Criminal Divisions should be
created in the Federal and State High Courts. Specially vetted and
selected Judges, known for integrity and self-discipline should be posted
to man such Courts.”
“It is very important to deploy the Administration of Criminal Justice
Monitoring Committee and Civil Society Groups to monitor all high profile
corruption cases on a day to day basis (i) to ensure that corruption cases
are heard speedily and in full compliance with Sections 306 and 396 of the
ACJA, (ii) to report non-compliance by any Judge to the National Judicial
Council (NJC).”
“All suspected proceeds of crime should be placed under temporary
forfeiture during the trial of a high-profile person. Prosecuting
authorities should resort to Non-Conviction Based Asset forfeiture, where
proof beyond reasonable doubt is difficult to achieve because of
technicalities. Prosecuting authorities should also consider resorting
frequently to the Plea Bargaining Provisions of ACJA in order to save time
and state resources.”
Barrister Babatunde Ogala on his part said that “The moment you take
public office, the expectations of you are very high. Corruption is a
problem in all of us, our values encourage corruption, pressure from
family and well-wishers, once you attain political office. Government is
fighting corruption to the best of its ability.”
The Guest Speaker Professor Yemi Akinseye-George SAN said that, “The best
way to rob a country is to buy its political system. There are several
high profile corruption cases that are stuck and unresolved- no acquittal,
no conviction. The National Judicial Council should be proactive in
tackling corruption. Judiciary must purge theme selves of corruption so
that they can avoid executive interference We also need to leverage on e-
recording of proceedings and put an end to writing in long hand by
judges.”
According to Professor Akinseye-George, “There is need for authentic and
reliable source of information on corruption cases. Civil Society
Organization should be apolitical, they should focus on the issue and not
the persons. SERAP is at the forefront of the campaign for the efficient
prosecution of high corruption cases. Please sustain the advocacy. Civil
Societies like SERAP can help build independent data basis which can be
updated regularly. This will help a lot. Questions like who and who have
been plea bargained, what are the conditions, the agreements, etc can then
be answered.”
Others represented at the event included the Independent Corrupt Practices
and Other Related Offences Commission (ICPC); the Nigerian Labour
Congress, the National Human Rights Commission; Nigerian Institute of
Advanced Legal Studies, the US embassy, the Royal Netherlands embassy,
members of the civil society and the media.