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Tag: Akinseye-George

  • Malami: Why govt loses some high profile cases

    Experts seek increased funding for investigations

    Attorney-General of the Federation (AGF) Abubakar Malami (SAN) on Tuesday blamed the loss of high profile cases in courts due to lack of proper investigation.

    According to him, the investigative capacities of anti-graft agencies must be strengthened if the Federal Government’s anti-graft crusade must succeed.

    Malami spoke in Lagos during a national training of investigators who were drawn from the anti-corruption agencies, the Federal Ministry of Justice, the police, Department of State Services, among others.

    It was organised by the Centre for Socio-Legal Studies (CSLS), headed by Prof Yemi Akinseye-George (SAN), in collaboration with the Federal Ministry of Justice.

    The AGF, represented by the Federal Justice Sector Reform Co-ordinating Committee (FJSRCC) Secretary Mr Felix Ota-Okojie, said there was a gap between investigation and prosecution that must be filled.

    He said: “This seminar represents effort to build synergy and capacity of the various justice sector institutions, particularly in the area of criminal justice administration. There cannot be a successful prosecution without a thorough investigation. I think this is central to this seminar.

    “Our experience in this country has shown that it is that lacuna between investigation and prosecution that is responsible for the not-too-successful cases that we have witnessed.

    “This has raised cause for concern from the public as to why the prosecutors are not able to secure conviction in cases that seem to be very obvious. This is why we must continue to work to see how we can bridge that gap, so that both investigation and prosecution can be effective.

    “Stakeholders also need to share experience. This training is also in furtherance of the ministry’s leadership role in ensuring that we drive the process of implementing the Administration of Criminal Justice Ac (ACJA), which if effectively implemented, will actually improve criminal justice in the country.”

    Prof Akinseye-George said there was the need for greater focus on investigators’ work, which he said would necessitate establishment of minimum standards and guidelines, and monitoring and evaluation of performance.

    He said there was also the need for accountability for non-performance and low productivity, provision of incentives, regular training opportunities and reward for exceptional performances.

    “Those investigating high profile corruption cases for example should be protected, well-resourced and insulated from the corrupting influence of moneybags and high profile defendants who have all the resources to influence outcome of investigations,” he said.

    The eminent professor of law decried excessive reliance on confessional statements by investigators and prosecutors to win convictions, which he said causes delays due to trial-within- trials.

    Read Also: Malami faults NASS on impeachment plot against Buhari

    “It is pertinent to adopt new investigative trends which leverage on modern technology and forensics,” Akinseye-George said.

    Lagos Attorney-General and Commission for Justice Mr Adeniji Kazeem urged investigators to see corruption as a crime against humanity, adding that the government must do more to protect those he described as the first line of defence in the anti-graft war.

    He said Governor Akinwumi Ambode has given approval for the equipment of statement recording rooms in police stations in compliance with the Criminal Justice Law of State and in line international best practices.

    “We identified 15 police commands, including the state command headquarters, to establish state of the witness processing rooms with recording equipment,” he said.

    Among challenges highlighted by participants are: use of obsolete investigative equipment and methods, inadequate working facilities and logistics due to poor funding, lack of incentives, lack of training and capacity which leads to incompetence, inter-agency rivalry which results in poor sharing of information, corruption among staff, lack of public support and apathy, conflicting laws, lack of forensic tools, bureaucratic bottlenecks, among others.

  • Why anti-graft war must not fail, by Osinbajo, Akinseye-George

    Vice President Yemi Osinbajo, Senior Advocate of Nigeria, Prof. Yemi Akinseye-George and Emir of Keffi, Nasarawa State, Dr. Shehu Yamusa (III) cautioned on Thursday that the nation’s hope of growth and development would be further imperiled should the Muhammadu Buhari’s administration fail in its efforts to curb impunity and corruption in the land.

    The trio called for support from all to ensure that the administration succeeds in its goal of reversing the culture of impunity and outright theft of public funds by leaders, who should serve as change agents and drive the nation’s development.

    They spoke at the 16th inaugural lecture of the Nasarawa State University, Keffi.

    The lecture titled: “Good leader, good people, good nation: Corruption, constitutionalism and the sustenance of democracy in Nigeria,” was delivered by Akinseye-George, who is a lecturer in the university’s Law Faculty.

    Osinbajo said the fight against corruption must interest every Nigerian who is interested in the nation’s future survival following the level culture of impunity, abuse of power and corruption had assumed in the nation’s life.

    He said: “The level of impunity in the face of grand corruption that transpired in the recent past of our nation’s history is absolutely stranger than fiction.

    “A situation where over $15billion meant for the procurement of security equipment to fight insurgent would disappear without a trace; where in a matter of weeks, the sum of N60bIillion and $289million in cash, could be withdrawn from the public treasury without specificity of the purpose for which such withdrawals were made.

    “The dangerous consequence of corruption to any nation, irrespective of the system of governance it operates, is better imagined than experienced, especially on the poorest of the poor. It is therefore only apt that academic analysis of this impact on the overall architecture of our polity is conducted and documented for posterity.”

    Represented by the Senior Special Assistant to the President on Legal Matters, Dr. Bilkisu Seidu, the vice president drew an analogy of how a corrupt recruitment and reward academic system could endanger a nation’s future.

    Assuring of the government’s commitment to the anti-graft war, Osinbajo added: “it is our commitment to bring back sanity and just governance in this country. It is a fight that we know and have seen would be difficult. But it is a fight that we must win for our survival.”

    Akinseye-George, who is the first to deliver an inaugural lecture from the school’s Law Faculty, analysed the various dimensions, form and causes of corruption in the country and suggested some pragmatic ways of addressing the problem.

    He advocated the involvement of all segment of the society to ensure success.

    The war against corruption, Akinseye-George added, must be championed by the leaders, who must lead by example.

    Yamusa, who equally called on all to support the government’s anti-corruption fight, urged political leaders to learn to exercise political powers for the benefit of the people and the society.

  • Falana, George, laud presidential panel on armed forces

    Falana, George, laud presidential panel on armed forces

    Mr Femi Falana (SAN) and Prof. Akinseye George (SAN) on Thursday applauded the Presidential Investigation Panel on Armed Forces in Nigeria.

    The panel was set up to review compliance of the Armed Forces with Human Rights Obligations and Rules of Engagement.

    The Senior Advocates of Nigeria made their commendations on the sideline of the panel’s winding up of its hearing in Abuja.

    Mr Fanala (SAN) is the counsel to detained leader of the Islamic Movement of Nigeria ( IMN ), El-Zakzaky, while Prof. George (SAN) is the counsel to the Nigerian Army.

    Falana, however, said that with the way the panel had conducted its proceedings he was confident that the outcome would be pleasing to all parties.

    According to him, I know the panel is made up of people of proven integrity and I know that based on the evidence before them, they will write reports and make appropriate recommendations in the interest of our country.

    George also said that the panel had done a great job, adding that the establishment of the panel by the Federal Government was laudable.

    “We pray and hope that the report of this panel will not go down the drain, the whole world is waiting for the outcome of this panel.

    “Everybody has been saying investigate and now the Federal Government has taken the bull by the horn, government has done the right thing by setting up this investigation.

    “It is hoped that the reports of the panel will not end on a shelve, and that the report will be implemented by the government so as to show the good work that the military is doing and area of improvement.

    Meanwhile, Prof George said that the panel had helped to show that the Nigeria military personnel were well trained, adding that they had done a great job to preserve and defence the country from being overrun by terrorists.

    According to him, the efforts of the Nigeria army in various operations are like surgical operations; when a patient goes for surgical operation, certainly there must be pain.

    He added that the purpose was not to kill the patient but to preserve the life of the patient, adding that this is the sense in which we must understand the operation of the Nigeria military in situations of conflict.

    “The military has done a great service for the country by preventing and minimising the impact of such negative tendencies.

    According to him, there are no systematic violations of human right or pattern of violation of human rights by the military; it has not been established to the best of my knowledge.

    NAN

  • El-Zakzaky: Falana withdraws petition against Nigerian Army

    El-Zakzaky: Falana withdraws petition against Nigerian Army

    Mr Femi Falana (SAN), counsel to detained leader of the Islamic Movement of Nigeria ( IMN ) on Wednesday withdrew the petition against the Nigerian Army at the Presidential Investigation Panel on Human Right Violations.

    Falana said although it was painful, he had to withdrew the petition in view of the fact that there was already a judicial commission of inquiry, currently handling the case.

    He, however, said that the panel could on its own, decide to listen to any witness in the case, and urged the panel to keep the petition in view

    Falana also urged the panel to issue an order directing the Federal Government to comply with the ruling of the Federal High Court that ordered for the release of El-Zakzaky from detention.

    He berated the Federal Government for not obeying the ruling of the Federal High Court on El-Zakzaky, adding that since Nigeria’s independence, he had never seen a couple detain together.

    He said that the couple should be released based on the premise that the country was operating the rule of law, adding that it was painful he could not put the petition through.

    “We are already taking other steps to ensure that El-Zakzaky is released, because this is the first time in the history of this country that a couple will be detained,” he said.

    Prof. Akinseye George, (SAN), counsel to the Nigerian Army said that the matter should be expunge from the panel list.

    He said that the panel was magnanimous enough to accommodate the petition by shifting dates and time for the petitioner.

    He said that the panel should disregard the petitioner’s plea that the petition be kept in view, stressing that the petition ended with the withdrawal.

    Justice Biobele George, Chairman of the panel, struck out the petition based on voluntary withdrawal by the petitioner

    The Presidential Investigation Panel to Review Compliance of the Armed Forces with Human Rights Obligations and Rules of Engagement sittings ended on Nov.8.

    The panel had traveled round the six geo-political zones to receive petitions and listen to petitioners’ allegations of  human rights violation by the military.

    NAN

  • Corruption: How to increase conviction rate, by experts

    Appellate courts have been urged not entertain interlocutory appeals emanating from corruption cases in defiance of clear provisions of the Administration of Criminal Justice Act (ACJA) 2015.

    Experts said the ACJA should be further amended to provide for sanctions for non-compliance with its provisions.

    Besides, the Federal Government should initiate the amendment of the 1999 Constitution to incorporate the provisions of Section 306 of the ACJA.

    These are contained in a communiqué issued at end of a one-day workshop on sections 306 and 396 of the ACJA in Abuja.

    It was organised by the Centre for Socio-Legal Studies (CSLS) and the Presidential Advisory Committee on Corruption (PAAC).

    Speakers, including Vice-President Yemi Osinbajo (SAN), represented by PACC chairman, Prof .Itsay Sagay (SAN), and Attorney-General of the Federation Abubakar Malami (SAN), said the federal Government considers the Act an important platform for reform of criminal justice administration.

    The communiqué reads: “The Act must be given purposive interpretation and application by the courts so that cases are adjudicated with the urgency required.

    “The courts are enjoined to give literal interpretation and full effect to sections 306 and 396 of the Act so to avoid unnecessary and frivolous interlocutory applications which are meant to delay trials especially of corruption cases.

    “The courts should adopt the wasted costs mechanism to deter counsel from seeking frivolous adjournments.”

    Participants urged the judiciary to develop a strong national judicial policy which should prohibit the abuse of interlocutory applications and injunctions.

    The communiqué, signed by CSLS President, Prof. Yemi Akinseye-George (SAN), added: “The Federal Government should make adequate budgetary allocations to enhance the implementation of the innovative provisions of the ACJA including payment of witness expenses, training and motivation of prosecutors, investigators and judges in the light of the huge workload occasioned by the Act.

    “Public commentators should desist from blanket condemnation of judges as there are still many hardworking and incorruptible judges in the country.

    “The Federal Government should endeavour to pay the salaries of judges regularly and make provisions for their security and retirement benefits.

    “States of the Federation which have not already done so should domesticate the ACJ Act using the Federal Act as a template.”