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 on Wednesday 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.
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.”
“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.”
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. 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.”
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