Former justice of the Supreme Court Kayode Eso and former president,
Court of Appeal (PCA), Justice Mustapha Akanbi, have raised the alarm
over the non- conviction of high-profile corruption suspects in the
country while former Delta State governor James Ibori and former
managing director of Intercontinental Bank Plc Mr. Erastus Akingbola
have been convicted in the United Kingdom (UK) court.
The jurists also decried the conduct of some judges in their handling
of high-profile cases, saying that there was the urgent need for
Nigerian courts to convict high profile suspects standing trial for the
past five years to restore confidence in the judiciary.
Eso and Akanbi also faulted the antics of some lawyers and
prosecutors, saying that most of the cases are lost due to shoddy
investigation and delayed tactics by the lawyers.
They further asked the new chief justice of Nigeria (CJN), Justice
Mariam Aloma Mukhtar, to initiate a review of the country’s criminal
justice system to reduce the abuse of interlocutory injunctions usually
employed by lawyers to frustrate timely delivery of judgement.
Other stakeholders including six legal practitioners – Prof. Itse
Sagay (SAN), Mrs. Funke Adekoya (SAN), Mallam Abubakar Malami (SAN), Dr
Alex Izinyon (SAN) and two Lagos-based lawyers Wahab Shittu and
Emmanuel Ajayi – also concurred with the stance of Eso and Akanbi on the
matter.
Eso, Akanbi and the lawyers spoke in separate exclusive interviews with our correspondents yesterday.
Judge Anthony Pitts of Southwark Crown Court, London, UK had on
April 17, 2012, sentenced Ibori to 13 years for his involvement in £50
million (about $77 million) fraud and money laundering.
The Economic and Financial Crimes Commission (EFCC) had on December
31, 2008, secured a Mareva injunction (also known as a freezing order)
from a London court to freeze all the global assets of Akingbola after
discovering funds allegedly belonging to the bank’s depositors traced to
Akingbola’s foreign account.
Justice Eso said, “There are inherent things that are wrong with our
courts, lawyers and the criminal justice system which make it difficult
to secure convictions against the high-profile corruption suspects.
“Take, for instance, the same prosecution (EFCC) that filed 170-
count charge against Ibori and failed to obtain conviction in Nigeria
court got it right with mere 10- count charge in London court. The
Nigerian court judge (Justice Marcel Awokulehin) said Ibori had no case
to answer in all the 170- count charge.
‘’But I don’t need to advice Justice Aloma-Muktar because I
personally believe that her appointment as the CJN would usher in a new
dawn in Nigeria judiciary.
“As for the lawyers, they know the judges they can approach to
procure judgement. None of them would dare to come near me for such when
I was a judge.”
Akanbi further said the convictions of Ibori and Akingbola by UK
courts have exposed the flaws in the nation’s criminal justice system.
For effective administration of justice in the country, the eminent
jurist called for the splitting of the office of the minister of justice
and attorney-general of the federation (AGF).
He emphasised that the AGF should not be under the control of the
executive, adding that such appointee “must be competent, above board
and committed to the nation. His loyalty to the nation must be
paramount”.
Explaining that the courts do not appear to appreciate the
underpinning factor for fighting corruption, Akanbi posited that, for an
effective war against corruption, Nigeria requires the services of
investigators and prosecutors “who are competent and are above
corruption and have ability to perform effectively”.
He said, “The problem with our criminal justice is either we don’t
have competent investigators or prosecutors. One finds it difficult to
understand what is happening. This is not the Nigeria we used to know.
The offences committed by Ibori and Akingbola are of high magnitude to
ignore.”
Blaming the politicisation of appointment of judges for the dearth of
courageous judges in the country, he said, “As you lay your bed, you
lie on it. How are judges appointed? In the past there was no question
of lobbying; you are invited to the Bench. But today, people lobby, use
influence to become judges. The politicians lobby for people to be
appointed as judges. Unless we go back to the roots and appoint men of
honour as judges, the problem will persist. The ‘fear of the unknown’
also encouraged judges not to be upright in the discharge of their
duties.”
Sagay, Adekoya, Mallami, others react
Also speaking on the issue, Sagay said, “There are two main reasons.
Most of these major cases involving persons are stalled because they are
part of the establishment. It’s like protecting each other.
“Our judicial system permits preliminary objection. Instead of going
to defend yourself, you can file an application that the court has no
jurisdiction over the matter. And then the appeal on the preliminary
objection is dragged until it gets to the Supreme Court.
“Remove the right to make a preliminary objection. If you have a
case, go and defend yourself. And if it is not possible to remove the
application for preliminary objection, then the court should be allowed
to take the preliminary objection and the substantive case together.
Either you remove it or you allow for both the preliminary objection and
the substantive case together.”
Adekoya said, “I believe the difficulty in obtaining convictions or
concluding the trials of high-profile corruption cases in Nigerian
courts is a result of the weak criminal justice system in Nigeria. UK
newspaper reports show the amount of time and resources spent on
investigating the offences before the offenders are brought to trial.
Documents, bank statements and banking records are meticulously
cross-checked before trial in order to ensure that charges brought can
be proved beyond reasonable doubt.
‘’It is this lack of supporting infrastructure within our criminal
investigative units that make convictions difficult. Sufficient
investigation is not done before the accused is brought to court for
trial. Once remanded on bail, investigations continue and eventually die
out, either due to lack of resources or lack of commitment. Our
criminal investigators require training in current methods of
investigating especially in areas such as electronic bank transfers etc.
If the political will to stamp out corruption exists, the funds will be
made available to acquire the needed training and, where necessary,
equipment.”
Malami said, ‘’The problem lies largely with the executive which
owns the police, the EFCC, and the justice ministry that are charged
with responsibilities to investigate, arraign or prosecute these
high-profile corruption cases.
“There is an extent a judge can go with a hopeless investigative
report - hopeless proof of evidence placed before him for the trial of
these suspects. What do you expect a judge to do with the investigative
report borne out of executive compromise and inefficiency other than to
throw out such cases or keep it pending until the executive is able to
do the needful.”
But Izinyon said, ‘’I won’t say that everybody is wrong or castigate
anyone or the system in the trial of these cases. The London courts did
not decide these matters within the same day they were filed. Some have
dragged for years also in their courts.
“The two criminal justice systems differ. Ours was modelled to
guarantee fair hearing. You can’t deny a person who raise objection
against some charges because you want the matter decided immediately.
But that does not mean that one would rule out manipulation by either
the defence counsel or the other in this type of cases. The prosecution
can be ready while the defence may raise one thing or the other to allow
the matter drag endlessly.”
For Shittu, “the Nigerian judiciary system is not working the way it
should work. This is attributed to the delay in the judicial process and
the corruption in the judiciary. This is not to say that the entire
judiciary is corrupt but you cannot overrule that there is corruption in
the judiciary.
“But you cannot blame the judges alone. I think all stakeholders
including lawyers, police officers and others should also be blamed. I
think everyone has a fair share. The idea is to strengthen the integrity
of the process.”
Ajayi said, “The rich can afford the service of a lawyer of high
legal standing, mostly SANs, to whom the courts often give regard and
preference. The senior lawyers often approach the court with different
kinds of injunctions which are capable of stalling proceedings.
“Another factor is corruption. Our society generally gives preference
to status, hence the reason we have political interference in cases
involving the rich who, at one time or the other, had made contributions
towards installing a candidate into one political office or the other.
EFCC, ICPC convictions
Since inception, the EFCC has successfully arraigned over 20 former
governors and a handful of ex-ministers over corruption charges. In
April 2007, pioneer chairman of the EFCC Mallam Nuhu Ribadu stated that
31 serving governors were corrupt. His claim later prepared the ground
for the trial of state governors who were alleged to have been corrupt.
Till his exit from office, trial of allegedly corrupt governors
continued without conclusion and was subsequently handed over to his
successor, Farida Waziri.
From inception in year 2000, the Independent Corrupt Practices and
Other Related Offences Commission (ICPC), has also been unsuccessful in
securing judgement against high-profile offenders for corrupt charges.
The commission, during the days of its pioneer chairman Mustapha Akanbi,
was able to arrest the now late cabinet minister, S.M. Afolabi as well
as Akwanga, Mrs Akerele, and Senator Wabara, and, of late, Sunday
Ehindero. There cases are still hanging in the balance as of today.