Chairman Presidential Advisory Committee Against Corruption\u00a0Professor Itse
\nSagay SAN has advocated \u201cstiff punishment for counsel,\u00a0particularly Senior
\nAdvocates, who have turned obstruction and frustration of proceedings on
\nhigh-profile corruption cases into an art.\u201d<\/p>\n
Sagay said such punishment for SANs must include denial of right of
\nappearance in such high profile and grand corruption cases.<\/p>\n
Sagay said this today at Socio-Economic Rights and Accountability Project
\n(SERAP)\u2019s latest media roundtable titled:\u00a0Strategies and Approaches for
\nthe Successful Completion and Effective Prosecution of Abandoned and
\nUnresolved High Profile Cases of Corruption in Nigeria.\u00a0Combating Grand
\nCorruption and Impunity in Nigeria.\u00a0The roundtable held in Ikeja Lagos is
\norganized in collaboration with TrustAfrica.<\/p>\n
The Attorney General and Commissioner for Justice of Ogun State\u00a0Mr.
\nOlumide Ayeni who chaired the event said, \u201cAny person who loves this
\nsociety will welcome and attend events of this nature. It is a very
\nimportant subject we are here to discuss, to find ways of addressing the
\ncankerworm that has evaded our society.\u201d<\/p>\n
Mr Okoi Obolo- Obla, Special Assistant on Prosecution\u00a0to President
\nMuhammadu Buhari who represented the Attorney General of the Federation
\nand Minister of Justice Abubakar Malami SAN said, \u201cI admire what SERAP is
\ndoing. It is not Buhari’s work to fight corruption alone, it is all our
\nfight. It is corruption that is fuelling this agitation by the different
\ngroups.\u201d<\/p>\n
Mr. G.K Latona Head of Legal, of the Economic and Financial Crimes
\nCommission (EFCC) representing EFCC Chairman Ibrahim Magu said, \u201cWe are
\nnot working at cross purposes with the Office of the Attorney General of
\nthe Federation; we are cooperating with them. We have a wide range of
\ncorruption cases in concert with state agencies. The Attorney General
\nOffice has the right to initiate new high-profile corruption cases and
\ninvestigate it themselves without waiting for cases initiated by the EFCC.
\nWe are also working on best practices manuals for the prosecutors and
\ninvestigators If you want a corrupt free society, we must all work towards
\nit.\u201d<\/p>\n
Mr. Abubakar Balarabe Mahmoud\u00a0SAN\u00a0President Nigerian Bar Association said
\n\u201cLawyers should report to NBA anything they observe in court that is
\ncorrupt.\u201d<\/p>\n
In his paper, Sagay also urged prosecuting counsel in grand corruption
\ncases \u201cto apply to reinstate any case struck out for want of
\nprosecution.\u00a0In cases requiring appeal, the authorities must apply for
\nleave to appeal out of time, and prepare evidence and legal arguments
\nthoroughly, including by inviting consultants to advise.\u201d<\/p>\n
According to Sagay, prosecuting authorities must \u201cInsist on full
\napplication of Sections 306 and 396 of the Administration of Criminal
\nJustice Act, namely:\u00a0No stay of proceedings under any circumstances \u2013 S.
\n306.Any preliminary objection must be taken together with the substantive
\nissue \u2013 S. 396(2), and hearings shall be on a daily basis, but in
\nexceptional cases, adjournments not to be in excess of 14 working day, may
\nbe granted.\u00a0 Such adjournments not to exceed 5 in any proceedings \u2013 S. 396
\n(3) and (4).\u201d<\/p>\n
Sagay also recommended that, \u201cA High Court Judge who is elevated whilst
\npresiding over a criminal case, should be allowed to conclude the case
\nwithout any effect on his new status.\u00a0The Head of various Courts, namely
\nChief Justice of Nigeria; President, Court of Appeal; Chief Judge of the
\nFederal High Court; and Chief Judges of State High Courts, should be
\nsensitized about the very critical nature of the fight against high-level
\nofficial corruption to Nigeria\u2019s development and the welfare of its
\npeoples.\u201d<\/p>\n
Sagay\u2019s other recommendations read in part: \u201cPending the establishment of
\na Special Crimes Court for the whole country, Criminal Divisions should be
\ncreated in the Federal and State High Courts.\u00a0 Specially vetted and
\nselected Judges, known for integrity and self-discipline should be posted
\nto man such Courts.\u201d<\/p>\n
\u201cIt is very important to deploy the Administration of Criminal Justice
\nMonitoring Committee and Civil Society Groups to monitor\u00a0all\u00a0high profile
\ncorruption cases on a day to day basis (i) to ensure that corruption cases
\nare heard speedily and in full compliance with Sections 306 and 396 of the
\nACJA, (ii) to report non-compliance by any Judge to the National Judicial
\nCouncil (NJC).\u201d<\/p>\n
\u201cAll suspected proceeds of crime should be placed under temporary
\nforfeiture during the trial of a high-profile person.\u00a0Prosecuting
\nauthorities should resort to Non-Conviction Based Asset forfeiture, where
\nproof beyond reasonable doubt is difficult to achieve because of
\ntechnicalities.\u00a0Prosecuting authorities should also consider resorting
\nfrequently to the Plea Bargaining Provisions of ACJA in order to save time
\nand state resources.\u201d<\/p>\n
Barrister Babatunde Ogala on his part said that \u201cThe moment you take
\npublic office, the expectations of you are very high. Corruption is a
\nproblem in all of us, our values encourage corruption, pressure from
\nfamily and well-wishers, once you attain political office. Government is
\nfighting corruption to the best of its ability.\u201d<\/p>\n
The Guest Speaker Professor Yemi Akinseye-George SAN said that, \u201cThe best
\nway to rob a country is to buy its political system. There are several
\nhigh profile corruption cases that are stuck and unresolved- no acquittal,
\nno conviction.\u00a0 The National Judicial Council should be proactive in
\ntackling corruption. Judiciary must purge theme selves of corruption so
\nthat they can avoid executive interference We also need to leverage on e-
\nrecording of proceedings and put an end to writing in long hand by
\njudges.\u201d<\/p>\n
According to Professor Akinseye-George, \u201cThere is need for authentic and
\nreliable source of information on corruption cases. Civil Society
\nOrganization should be apolitical, they should focus on the issue and not
\nthe persons. SERAP is at the forefront of the campaign for the efficient
\nprosecution of high corruption cases. Please sustain the advocacy. Civil
\nSocieties like SERAP can help build independent data basis which can be
\nupdated regularly. This will help a lot. Questions like who and who have
\nbeen plea bargained, what are the conditions, the agreements, etc can then
\nbe answered.\u201d<\/p>\n
Others represented at the event included the Independent Corrupt Practices
\nand Other Related Offences Commission (ICPC); the Nigerian Labour
\nCongress, the National Human Rights Commission; Nigerian Institute of
\nAdvanced Legal Studies, the US embassy, the Royal Netherlands embassy,
\nmembers of the civil society and the media.<\/p>\n","protected":false},"excerpt":{"rendered":"
Chairman Presidential Advisory Committee Against Corruption\u00a0Professor Itse Sagay SAN has advocated \u201cstiff punishment for counsel,\u00a0particularly Senior Advocates, who have turned obstruction and frustration of proceedings on high-profile corruption cases into…<\/p>\n","protected":false},"author":1,"featured_media":57040,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-58820","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n