Stakeholders at a roundtable by the Socio-Economic Rights and Accountability Project (SERAP) in Lagos have identified ways to tackle delays in prosecution of high profile cases. The group has urged the Federal Government to implement them, writes JOSEPH JIBUEZE.
Endless trial of high profile cases bordering on corruption has remained an intractable problem. However, it is not insurmountable if the government and stakeholders have the will to what is needed, legal experts have said.
Several recommendations to that effect were made at a media roundtable organised by the Socio-Economic Rights and Accountability Project (SERAP) in collaboration with Trust Africa.
It was on Strategies and Approaches for the Completion and Effective Prosecution of Abandoned and Unresolved High Profile Cases of Corruption and Impunity in Nigeria.
Pattern of delays
According to a Senior Advocate of Nigeria (SAN) Prof Yemi Akinseye-George, most high profile corruption cases follow a similar pattern. A petition or investigation is followed by an arrest. The suspect is detained. There is media frenzy, followed by an arraignment. Bail is granted. International Passport is released for treatment abroad. Prosecution opens case. Preliminary objection is raised. Ruling is delivered. Appeal is lodged against the ruling. Stay of proceedings is ordered. After several years, appellate courts order fresh trial. Another objection is raised and the cycle in repeated.
Although staying of proceedings may have been curbed by the Administration of Criminal Justice Act (ACJA), defence counsel now adopt other methods such as long cross-examination, intimidation of judges through petitions accusing them of bias, deliberate absence of counsel and seeking of long adjournments.
SERAP believes implementing recommendations made at the forum would go a long way in addressing the problem. It has, therefore, sent them to the Federal Government through the Attorney-General of the Federation Abubakar Malami (SAN).
The group, in letter signed by its Executive Director Mr Adekunbo Mumuni, said: “We would like to urge you to use your good offices and leadership to secure the full and effective implementation by your ministry of the key recommendations culled from the media roundtable.”
The recommendations
SERAP urged Malami to use his unique and leadership position as to initiate new high-profile corruption cases and investigate them. It urged him to ensure that prosecuting counsel in grand corruption cases apply to reinstate any case struck out for want of prosecution.
In cases requiring appeal, SERAP urged the AGF to apply for leave to appeal out of time, and prepare evidence and legal arguments thoroughly, including inviting consultants who can give credible and substantial advice.
The group further asked Malami to ensure that the Administration of Criminal Justice Monitoring Committee tracks all high profile corruption cases on a day to day basis to ensure that they are heard speedily and in full compliance with Sections 306 and 396 of the ACJA and to report non-compliance by any Judge to the National Judicial Council (NJC).
The AGF is also to ensure that all suspected proceeds of crime are placed under temporary forfeiture during the trial of high-profile persons, SERAP said.
The group recognises that due to technicalities, proof beyond reasonable doubt may be difficult to achieve. It, therefore, said prosecutors should be encouraged to resort to non-conviction-based asset forfeiture.
In order to save time and state resources, SERAP urged Malami to ensure that prosecutors resort frequently to the Plea Bargaining Provisions of the ACJA.
Other suggestions
Akinseye-George said there was need for a reliable source of information on all the cases, especially the high profile ones. According to him, lack of proper record keeping is one of the factors fueling high corruption.
To him, without such a database of resolved and unresolved, plea bargained and on-going cases and their outcomes, it will be difficult to conduct a meaningful assessment of the fight against corruption.
There is also the need for institutional reforms, he said, adding that it involves appraising institutional relevance and capacity, and conducting a performance appraisal of each staff of the anti-corruption agencies with a view to removing bad eggs.
“Those who are found worthy should be retained to form the nucleus of the reformed anti-graft bodies. Set up an attractive package to attract the best available personnel. There should be training and retraining for prosecutors and investigators. There should be collaboration with and institutional mentorship by the other anti-corruption bodies,” the group said.
To win cases, Akinseye-George said there must be thorough and detailed investigation before arrest, while prosecutors should be provided with better tools, better remuneration, better protection, and be better celebrated even as non-performers should be shown the way out.
He further suggested that to fight corruption, cash transactions must be abolished in government businesses in order to leverage on financial intelligence.
SERAP believes implementing these recommendations would go a long way in tackling delays.
“SERAP urges you (Malami) and your Ministry to publicly commit to these recommendations and to work with the Presidency and other agencies and authorities to ensure the full and effective implementation of the recommendations.
“Any delay in the implementation of the recommendations would continue to pose frustrations, challenges and obstacles against the completion and effective prosecution of abandoned and unresolved high profile cases of corruption and impunity in Nigeria,” it said.
Relocate the onus of proof
The practice has been for the prosecution to prove allegations beyond reasonable doubt, as ‘he who asserts must prove’. But, Akinseye-George believes a person found with money or property that cannot be correlated with his verifiable earnings should prove how he acquired it.
“He could have gotten the huge sums by inheritance or some other means such as winning a jackpot. But let him prove it. Place the burden on suspects of high profile corruption cases to justify the funds and properties found in their possession or under their control.
“Use the provisions of Section 36(5) and 36(11) of the Constitution and Section 167(d) of the Evidence Act to place the evidential burden on individuals suspected to be living above their justifiable income,” he recommended.
Judiciary’s role
The professor of law urged the NJC to be proactive in tackling corruption in the judiciary, adding that there was need for transparency.
“They should ‘purge themselves of corruption’ to avoid executive interference under the excuse of fighting judicial corruption. Just like Caesar’s wife, judges should be seen to be above board,” it said.
Akinseye-George said there should be improved accountability procedures by the judiciary on how it disburses its resources, even as it should leverage on Information and Communication Technology, such as electronic recording of proceedings.
He added: “Bail should be withdrawn where a defendant on bail is adopting undue delay tactics. The Practice direction should provide guidelines for revoking bail. Judges must adopt case management techniques – trial from day-to-day does not necessarily mean trial on consecutive days. Set up trial schedules.
“Report prosecutors who are not diligent to their agencies. Impose wasted costs on lawyers seeking frivolous adjournments. Refer persistently erring lawyers to the Legal Practitioners Disciplinary Council (LPDC),” the group added.
Also speaking at the roundtable, Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) wants severe sanctions for senior lawyers whose stock in trade is to delay cases.
He called for “stiff punishment for counsel, particularly Senior Advocates, who have turned obstruction and frustration of proceedings on high-profile corruption cases into an art.”
The sanctions, he said, should include denial of right of appearance in such high profile and grand corruption cases.
According to him, prosecuting authorities must insist on full application of Sections 306 and 396 of the ACJA, which prohibit stay of proceedings under any circumstances.
He noted that the law also requires that any preliminary objection must be taken together with the substantive issue; that hearings shall be on a daily basis, but in exceptional cases, adjournments may be granted but not in excess of 14 working days and not more than five times in any proceedings.
Sagay also recommended: “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 sensitised about the very critical nature of the fight against high-level official corruption to Nigeria’s development and the welfare of its peoples.”
The eminent professor of law said pending the establishment of a Special Crimes Court, Criminal Divisions should be created in the Federal and State High Courts, while specially vetted and selected Judges, known for integrity and self-discipline, should be.
