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Interview

Incompetent investigation hinders corruption fight – Raji (SAN)

Incompetent probe not lawyers hinder corruption fight – Raji (SAN)

Ahmed Raji SAN is the lawyer representing retired Col. Sambo Dasuki, former National Security Adviser to former President Goodluck Jonathan. In this interview, he speaks on the immunity clause, allocutus and separating the office of Attorney General of the Federation from that of Minister of Justice. Excerpts:

By Adelanwa Bamgboye

There is a call for the extension of immunity in the National Assembly (NASS) and the Judiciary so that they can also do their work. Do you support this?

I have not seen any democracy where the leadership of NASS or Parliament enjoys immunity.

I don’t know where this is coming from and frankly speaking, I do not think that is what we need.

In view of Saraki’s case, what is your take since his recurrent legal battles are said to be affecting his legislative duties?

Saraki’s case is very unique and I do not think an exemption like his case should form a generalisation that it will now affect the body of laws in a manner that it will lead to some undesirable consequences. Its better we allow the system to resolve the cases surrounding Saraki rather than enacting a permanent legislation to address what I consider a political problem. It is a one off thing because it is not usual for the head of the parliament to be facing this kind of charges he has been facing.

What is your reaction to the pronouncement of Justice Kolawole that the criminal trial of forgery against the Senate president, his deputy, Senator Ekweremadu, and others was an abuse?

In his lordship’s opinion, it is an abuse and anybody that is aggrieved with that should go and appeal. I believe the judge knows what he is talking about. He is a very versatile judge that is highly respected so if he says it is an abuse then it remains an abuse.

What is your personal impression about this trial?

My impression is that the matter is sub judice and I can only comment on what Justice Kolawole has said. The judge has described it as an abuse and I agree with him.

When a counsel enters an allocutus for an accused, does it mean an acceptance of guilt?

Allocutus comes after conviction, before the sentence is read, so it is something like mitigation. It is something like a plea before the sentencing is passed. So it is not an acceptance of guilt.

What do you make out of events from Abia State with different courts giving different judgments?

It means that there is a need to go to a higher court (Court of Appeal) to harmonise so that we can have the pronouncement of the higher court. When you have court of coordinate jurisdiction making different pronouncement, the best thing is that you go to the higher court for its pronouncement.

Do you subscribe to the idea of separating the office of the Attorney General of the Federation from that of the Minister of Justice?

Going by the peculiar nature of our country, I think there is wisdom in it but we have to be careful so that we won’t go in there and rush out of it. We have to weigh it very well.

How do you see the judiciary’s performance in the 2016 judicial year?

The judiciary has done its best and I want to say one of the most overburdened arms of government is the judiciary. When you go to some court rooms in the hinterland, you will not even assume that an Area Court judge can seat where a High Court judge is presiding. Apart from that, they are not equipped; no accommodation for library for them to improve. And then the pay has not been regular. I think the judiciary should be praised. That does not mean that there are some issues with some of them, but by and large, I think they have done well.

Some say that senior lawyers hinder the fight against corruption. What is your reaction to this?

That must be a statement stemming from ignorance. How do they hinder fight against corruption that is a fight by all of us? There is a shoddy prosecution arising from incompetent investigation, who do you blame? I think there is a need for capacity building for the investigators as well as the prosecutors and that is why Sagay’s committee is doing a lot of good work by retraining the prosecutors. I think admitting that is an admission that something is wrong with the prosecuting arm of the government and there is need for capacity building. Ditto, they should look into the investigating arm because it is what you put in that will determine what will come out. If you don’t do a thorough investigation, you have an incompetent investigation; you end up with a most improper, worthless prosecution.

Generally, I think we should be praying for our leaders that God should guide them well and the followers too should be patient so that they can lead us properly.

Young lawyer

Politics is not personal

By Daniel Bulusson Esq

“… The political system is changing rapidly in this country, and we better realise that. The elephants or donkeys are not what younger people look to. They look at individual candidates’ philosophy, and I think it’s a different time and different generation.” – Richard M. Doley.

The forthcoming NBA election is scheduled for the 30th and 31st of July, and the campaign trains of both presidential candidates have been on the move both on ground across Nigeria and on social media platforms. Many lawyers have taken to Facebook to convince people why a particular candidate should be preferred over the other to the extent that nobody’s wall is safe from the intrusion of these campaigners.

Take for instance, a legal practitioner expresses his personal opinion on the true intention or otherwise of a pending suit regarding the election on his Facebook page, all of a sudden we begin to see comments describing the qualities of one candidate over the other, then supporters of the other candidate begin to attack the campaigners, slowly and gradually. To the amazement of this writer one begins to see words like “keep deluding yourself”, “maybe you want to practice selective amnesia”, “attack dog”, “desperation has obviously blunted your conscience and deadened whatever sense of right you may pretend to possess” and the like – all happening on another lawyer’s wall who just expressed his opinion.

Why not use your own platform to express your own opinion, after all it is your wall and you’re entitled to do what you wish with it. If you ask me, it is not ethical to invade a person’s comment box and begin to campaign for a candidate knowing fully well that the owner of the wall is not supporting your candidate.

In the words of a particular commentator on the same wall, Agbo Jerry Madaki “… this smear campaign is antithetical to all the Bar stands for. Where has the learned friendship effervescently evaporated to?” I don’t even know the meaning of ‘effervescently’ here but I concur. It is only in Nigeria that another citizen gets agitated on the choice of another citizen, we all have the inalienable right to choose what we like and what we don’t.

In politics there is no permanent friend or permanent enemy, only interest and as such every lawyer is entitled to belong to a side that would best protect his or her interest.

Many young lawyers who would be casting their vote on that fateful day may not have not had personal relationship with the candidates; most of what they know about them is based on the campaign promises made these past months, why then the agitation between colleagues because we find ourselves on different sides of the race?

Any association or community that does not place premium on merit and competence cannot make any meaningful headway, my point being, campaign promises have been made, some achievable and some not, but it is the individuals philosophy and that should be the basis of any one casting his vote.

It would be unfair to the electorate and the legal profession if enmity begins to grow amongst colleagues because of difference in choice. You can’t convince a lawyer to vote for a particular candidate by insulting the person you are campaigning for, you are only losing your candidate’s votes than gaining same.

The race as to who becomes the next president of the NBA should not and never be a do-or-die affair, let the best man win and the best man would be he who the majority stands along with in his dream and aspiration of the Bar.

We should not descend to using vulgar or abusive words on one another all in a bid to canvass support for a particular candidate; colleagues ought to learn to have meal from the same plate with those on the opposite side. Politics should be about free will and conviction not stooping low to insulting the personality of one another because he does not support your view – what you feel is the right path to follow.

Please send your comment{s}, recommendation{s} or observation{s} to [email protected] or like us on www.facebook.com/younglawyerscolumn

Feature

Justice Yunusa: ‘NJC hasn’t dealt with the matter completely’

Justice Yunusa: ‘NJC should wield the big stick’

By Adelanwa Bamgboye

A non-profit making organisation, Access to Justice (A2J), has said the National Judicial Council (NJC) has not dealt with the Justice Nasiru Yunusa’s issue as completely and forthrightly as it could have done.

Joseph Otteh, Executive Director, Access to Justice (A2J), stated this during a telephone interview with Daily Trust yesterday.

This is coming on the heels of President Muhammadu Buhari’s allegation that the judiciary is yet to meet the public expectations in its fight against corruption.

The president had noted that the corruption cases filed by his administration are not progressing due to delay tactics employed by lawyers.

He appealed to the judiciary to support his administration’s fight against corruption, adding that a well-functioning criminal justice system sought to move the country towards greater growth and development.

“I am worried that the expectation of the public is yet to be met by the judiciary with regard to the removal of delay and the toleration of delay tactics by lawyers,” Buhari said.

A2J boss said the non-criminal ground upon which the NJC hinged Yunusa’s suspension may have foreclosed bringing up any criminal allegation except there was evidence that could be used to create criminal motive.

“I don’t see how much you can make from what NJC has done. If NJC found criminal transfer of money, Yunusa could have been subjected to criminal trial. NJC has not told us what it is doing with our petition,” he said.

He said once the NJC has taken action against a judge, then the anti- corruption agencies don’t want to pursue the case to its logical limit.

According to Otteh, if the NJC pursued the matter more than that, then it would be seen to be doing a new thing.

“NJC should investigate all the allegations. If NJC should stop at one, it will not send a very strong message. Retirement is not enough dis-incentive even with the kind of enticement out there.

“NJC should look at both the criminal and non-criminal aspects and it will be in a better place to fight corruption in the judiciary and wield the stick,” he said.

According to him, A2J also wrote a petition against Yunusa urging the NJC to investigate EFCC’s public allegations over criminal money transfer made against him.

Most of the lawyers who spoke to our correspondent said that Yunusa should be prosecuted.

Abubakar Sani, a Kano-based activist said, “Yes, Justice Yunusa should have his day in court. He is more than capable of defending himself.”

Barrister Femi Aborisade said, “I agree that any judge found wanting in the area of corruption should not just be retired or dismissed, such a person should equally be prosecuted. However, where the judge feels he has not been fairly treated, he or she also has the right to seek redress in the court of law.”

Rising from its 77th meeting, July 15 this year, the National Judicial Council (NJC), under the chairmanship of the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, announced the suspension of Justice Mohammed Nasiru Yunusa of the Federal High Court, Lagos Division.

According to Soji Oye, the NJC also recommended to President Muhammadu Buhari, the compulsory retirement of Justice Yunusa following the allegations contained in the petitions written against him by the Civil Society Network Against Corruption that he granted interim orders and perpetual injunctions, restraining the Attorney-General of the Federation, the Inspector General of Police, Independent Corruption Practices and Related Offence Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) from arresting, investigating and prosecuting some persons accused of corruption in the following 7 cases:-

1. FHC\L\CS\1471\2015:- between Simon John Adonimere & 3 Ors Vs. EFCC;

2. FHC\L\CS\477\14:- FRN V Michael Adenuga;

3. FHC\L\CS\1342\15:- Senator Stella Odua Vs. AG Federation, EFCC, ICPC & IGP;

4. FHC\L\CS\1285\15:- Jyde Adelakun & Anor Vs. Chairman EFCC & Anor;

5. FHC\L\CS\1455\:- Dr Martins Oluwafemi Thomas Vs. EFCC;

6. FHC\L\CS\1269\15:- Hon Shamsudeen Abogu Vs. EFCC &Ors; and

7. FHC\L\CS\1012\15:- Hon. Etete Dauzia Loya Vs. EFCC

NJC found that Yunusa assumed jurisdiction in Federal High Court Lagos in Suit FHC\L\CS\1342\15 wherein the infringement of the applicant’s right occurred in Abuja contrary to Section 46 (1) of the 1999 Constitution of Nigeria (as amended).

He was found to have contravened Rule 3. 1 of the Code of Conduct for Judicial Officers in Suit FHC\L\CS\1445\15 by claiming ignorance of the provisions of the Money Laundering Act when he made an order stopping EFCC from investigation into a money laundering case involving $2.2m against the applicant.

Yunusa’s decision restraining the anti-graft agencies from carrying out their statutory functions in the first six cases mentioned earlier, according to the NJC, was contrary to the judgement of the court of Appeal in A.G Anambra State Vs. UBA which Yunusa quoted but did not apply in his rulings.

Courts’ vacation and anti-corruption war

By John Chuks Azu & Clement A. Oloyede

This year’s judicial annual long vacation has begun, marking the end of the 2015/2016 legal year. The vacation will end in September.

While some analysts have criticised the two months’ vacation, especially coming at a time several corruption cases are going on in the courts, others argue that it is necessary for judges to refresh after an arduous year on the bench.

The President Muhammadu Buhari-led administration has made the anti-corruption fight a major thrust of its government. As a result, the trial of public officials allegedly involved in corruption has been gaining momentum.

For instance, the trial of Senate President, Bukola Saraki, his deputy, Ike Ekweremadu, a former Clerk of the National Assembly, Salisu Maikasuwa, and his deputy, Benedict Efeturi, over alleged forgery of the Senate Standing Order has been adjourned to September 28.

The various “armsgate” trials involving former National Security Adviser, Sambo Dasuki, the former scribe of Peoples Democratic Party (PDP), Olisa Metuh, former Chief of Defence Staff, Alex Badeh, among others at different stages and different high courts in the Federal Capital have also been stalled as a result of the judges’ holiday.

Also affected by the courts’ vacation are ongoing proceedings at the Code of Conduct Tribunal (CCT). Most notably is the trial of the Senate President Bukola Saraki for alleged false and anticipatory assets declaration.

Had the trial continued on July 13th as scheduled, Saraki would have known the outcome of his motion for disqualification of the presiding judge.

Saraki had on June 21, through a motion filed by his counsel Paul Erokoro (SAN) on June 13 sought for an order of the tribunal directing its chairman to recuse himself from further participation in the trial of the defendant.

The tribunal had also scheduled to pass judgment on the case of alleged false assets declaration by former minister of Niger Delta Affairs, Godsday Orubebe on July 19, but had to reschedule due to the vacation.

Orubebe, who was arraigned by the Code of Conduct Bureau (CCB), at the CCT last year November for alleged false asset declaration on his plot number 2057 of Cadastral zone Asokoro, Abuja, now has to wait for two months to know his fate.

The judgement earlier slated for June 30, 2016 could not hold due to the absence of the chairman of tribunal, Justice Danladi Umar, and was thus rescheduled for July 19 which falls within the period of the vacation.

In a statement last Tuesday by the Head of CCT’s Press & Public Relations Department, Ibraheem Al-Hassan, the tribunal said it had adjourned all sittings scheduled for the week and those to come within July and August, till the end of recess to be embarked upon by the tribunal’s judges soon.

Some of the other major cases that have suffered from this setback include the trial of former governor of Taraba State, Jolly Nyame, which had been on and off since 2007; and the trial of former Plateau State governor, Joshua Dariye, also put on hold.

A lawyer that doesn’t want her name in print asked why judges must take their vacations at the same period and not at different periods as other civil servants do.

She further wondered “what will happen if say the entire doctors or police in the FCT decide to fix their vacations at the same time and decide to have a couple of them stay back as it is the case with vacation judges?”

Also speaking, Barrister Innocent Onwu said the delay in these important cases as a result of the vacation may actually amount to a denial of justice.

“Until after the vacation, no existing case will move an inch forward, save for extraordinary emergency,” he said.

But Barrister Abel Ozioko, says the annual vacation was very important and lawyers looked to it every year to relieve their stress.

“Lawyers and judges deserve rest whether there are corruption cases or no corruption cases,” he said. “In other cases, there are vacation judges. It is in the interest of expeditious trial to wait until after the vacation because it is just a month or two. If it goes before another judge, it will commence de novo. It is a question of more haste, less speed.”

Nigerians hope at the return of the judges to the bench they will be refreshed and energized to drive the wheel of the anti-corruption carriage.