Femi Falana, a senior advocate of Nigeria (SAN), says
lawyers must desist from securing court orders that protect the elite,
especially those accused of corruption.
In an article titled ‘Courts lack power to stop arrest,
investigation and prosecution of criminal suspects’, Falana said the president,
vice-president, governors and their deputies are the only officials entitled to
immunity from prosecution.
The human rights lawyer lamented that “ordinary” citizens
who are accused of crimes are locked up and cannot meet the conditions for
bail.
“In view of the foregoing, it is pertinent to caution lawyers to desist from obtaining court orders to confer immunity on members of the ruling class contrary to section 308 of the constitution which provides that only the president, vice-president, governors and deputy governors are immune from arrest and prosecution during their term of office,” he said, while quoting a number of supreme court rulings.
“Rich criminal
suspects are usually invited by the anti-graft agencies to react to allegations
of corruption and other economic crimes leveled against them.
“In many instances, top lawyers are hired by the
highly-placed suspects to rush to either the federal high court or state high
court to challenge the legality of the invitation letters. Applications for the
enforcement of the fundamental rights of the suspects to personal liberty are
filed.
“In granting the applications, orders of interim,
interlocutory and perpetual injunction are made by the courts to restrain the
police and anti-graft agencies from arresting, investigating and prosecuting
the suspects.
“In many instances,
temporary or permanent immunity has been conferred by public officers or
private individuals indicted in criminal diversion of multi million Naira
public fund.”
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