ABUJA — The blame game between the Judiciary and Executive arm of
government continued yesterday, with the Chief Justice of Nigeria, CJN,
Justice Mahmud Mohammed, decrying what he termed “lack of political will
to prosecute high-profile corruption cases.”
The CJN, who bared
his mind during a meeting with the Attorney General of the Federation
and Minister of Justice, Mr. Abubakar Malami, SAN, in his conference
room, said the lacklustre attitude of government towards the prosecution
of such criminal cases, “especially those involving politically exposed
persons or political party family members,” was a major factor that has
stalled trial of so many corruption cases.
A statement issued by
media aide to the CJN, Mr. Ahuraka Isah, revealed that the meeting took
place on November 24. Among those in attendance included Supreme Court
Justices as well as heads of other federal courts.
President
Muhammadu Buhari had while flagging-off the 2015 All Nigeria Judges’
Conference, slammed the judiciary, accusing it of sabotaging his effort
to prosecute high-profile corruption cases.
Buhari, who was
represented at the event by Vice President Yemi Osinbajo, lamented that
“allegations of judicial corruption have become more strident and
frequent,” noting: “There is both local and international
dissatisfaction with the long delays in the trial process. In the past
few years, this has become especially so for high-profile cases of
corruption, especially where they involve serving or former political
office holders.”
In what appears like a direct response to the
attack on the Judiciary, the CJN said the Federal Government should be
blamed for the delays, noting that in some cases, it recruits unseasoned
lawyers to prosecute cases.
Lack of political will
The CJN
said: “Experience within the Judiciary shows that there is abject lack
of political will to prosecute some of those cases pending before our
various courts almost a decade in some instances.
“It is not
because there are no special courts, but mostly for reasons of political
expedience and other ancillary considerations.
“I would likewise
wish to encourage you (AGF) to display a greater resolve than your
predecessors in tackling outstanding cases before the courts. In times
past, the Attorney General of the Federation would often lead teams of
legal counsel in high profile cases so as to demonstrate the resolve of
the government to enshrine the rule of law.
“Sadly, recent
Attorneys-General have become less inclined to do this. I would
certainly like to see you, as the Attorney General, appear before us
especially in cases of important national purport.
“There is the
need for seasoned prosecutors to prepare and file charges before courts
of competent jurisdiction so that criminal matters are timeously
determined.
Quality of prosecutions must be improved upon.
“The
quality of prosecutions presented in courts by our prosecutorial
agencies must be improved upon, as they are sometimes of a standard that
will never found a conviction in any court anywhere, yet, a well
prepared prosecution can see to the determination of criminal matter
within a month.
“Of course, no competent prosecutor who has filed
valid charges would permit an accused to mount an interlocutory appeal,
to the extent of going forth and back, sometimes twice or more to the
Supreme Court, since such lapses could be injurious to the dispensation
of justice.”
Reform of justice sector
Besides, the CJN,
advised the AGF to recruit more lawyers who should be adequately trained
to handle more cases on behalf of the State, saying it would create a
reservoir of highly trained, public spirited lawyers to feed the Bench
and the Bar.
The CJN equally tasked the Executive to actively
reform and revamp the justice sector, which he said would include
strengthening the capacity of investigation units by providing
facilities like a well equipped forensic and ballistics laboratories
throughout Nigeria, saying it would not only help in evidence gathering,
but also reduce delays in trial of cases.
The CJN further
enjoined the AGF to always attend meetings of judicial bodies such as
the Body of Benchers, Legal Practitioners Privileges’ Committee (LPPC),
Board of Governors of the National Judicial Institute and others of
which he is a member by statutory provisions.
He stressed that
attending such meeting would help the AGF to keep abreast of
developments within the Judiciary and the legal profession in general.
With
that, “the AGF can adequately brief the Federal Government with facts
on issues in the Judiciary rather than press coverage and opinions of
some lawyers often echoed at public events,” the CJN stated.
Funding for the judiciary
On
the issue of funding for the judiciary, the CJN said the Judiciary
welcomed the idea of zero budgeting as against the incremental style
budgeting that often resulted in insufficient resources for the
Judiciary to operate.
“Indeed, the Judiciary can now properly
make its demand before the National Assembly for an appropriate
budgetary figure, rather than proposing N150 billion and be appropriated
with less than half of it,” he said.
Judicial officers’ emoluments’ll be enhanced —AGF
In his response, the AGF said the administration of President Buhari is focused on its agenda to curb corruption in Nigeria.
He
said the Federal Government was concerned about the working condition
of judicial officers whose services are required to achieve the goal.
The
AGF assured the CJN that emoluments of Judicial officers and court
staff will be enhanced, even as he proposed the setting up of an
‘’Interface Committee” comprising members of the Executive and the
Judiciary for the purpose of preparing Executive Bills for constitution
amendment, drawing up workable policies and proposing reforms that will
be jointly pursued by the executive and judiciary arms of government.
More
so, the AGF, said he would publicly support the Judiciary and ensure
that legislation against false accusation of judicial officers is put in
place.
Other Supreme Court Justices that attended the meeting
were Justices Walter Onnoghen, I. T. Muhammad, M. S. Muntaka-Coomassie,
John Afolabi Fabiyi, Suleiman Galadima, Bode Rhodes-Vivour, Nwali
Sylvester Ngwuta, Mary Ukaego Peter-Odili, Olukayode Ariwoola, Musa
Dattijo Muhammad, Clara Bata Ogunbiyi, Kumai Bayang Aka’ahs, K. M. O.
Kekere-Ekun, J. I. Okoro, among others.
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