Prince Lateef Fagbemi (SAN) was sworn in yesterday as the Attorney General of the Federation (AGF) and Minister of Justice. Lawyers tell ADEBISI ONAUGA their expections on the rule of law, rights enforcement, anti-graft war and pitfalls that he should avoid.
Attorney-General of the Federation (AGF) and Minister of Justice Prince Lateef Fagbemi (SAN) was among 45 ministers sworn in yesterday by President Bola Ahmed Tinubu.
Fagbemi is a respected jurist who has made significant contributions to the development of the legal profession. A lot is, therefore, expected of him.
Many justice sector stakeholders believe he fits the bill.
A former Nigerian Bar Association (NBA) President, Dr Olisa Agbakoba (SAN), said: “We have a brilliant AGF in Prince Fagbemi. I am convinced this will be a simple task for him.
“He is a very good colleague and I have the highest confidence in his abilities.”
Given his impressive qualifications and other enviable personal attributes, stakeholders believe he can initiate reforms to reshape the legal system.
NBA President Yakubu Maikyau (SAN), who visited Fagbemi in Abuja on Friday, expressed the excitement of many lawyers about the appointment.
He pledged the NBA’s support for the minister.
Fagbemi said he was comforted to know that he had the support of the Bar. He urged Maikyau to present to the AGF’s office the NBA’s official position on law reforms and areas of improvement for the Judiciary.
The man Fagbemi
Prince Fagbemi, born in Oyun Local Government Area (LGA) of Kwara State, obtained his Bachelor of Laws (LL.B) from the University of Jos, Plateau State, with a Second Class Upper degree in 1984.
He was called to the Bar in 1985, marking the beginning of his 38 years of flourishing legal career.
In 1987, Fagbemi bagged a Master’s degree in Law (LLM) from the Obafemi Awolowo University, Ile-Ife.
He cut his legal teeth and honed his skills under the tutelage of a renowned lawyer, Afe Babalola, for 11 years.
Fagbemi was conferred with the rank of the Senior Advocate of Nigeria (SAN) about 11 years into his law practice, making him the youngest member of the Inner Bar at 37.
During the screening of ministerial nominees by the Senate on August 2, Fagbemi gave an insight into his perception of the anti-graft war and justice sector reform.
He underscored the importance of thorough investigation before trial.
He said: “We fight corruption but at the same time, the way it is being fought in Nigeria leaves much to be desired. That is the truth.”
His response suggests that he understands that he will inherit an inefficient justice system that is grappling with corruption, disobedience to court orders, executive lawlessness and impunity by law enforcement and security agencies, among others.
Most commended his suggestion on the splitting investigation and prosecution functions of the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
His view that both agencies should be unbundled for better performance was widely acclaimed.
Pitfalls to avoid
Immediate-past AGF, Abubakar Malami (SAN), was often in the public eye for some controversial decisions and comments.
Some observers accused him, much like his boss former President Muhammadu Buhari, of disregard for the rule of law.
It was under Malami that security agencies, on October 8, 2016, invaded the homes of judges at night. The allegations did not stand legal tests.
There were inter-agency rivalries under him, while Malami was criticised for introducing what many considered a ridiculous dimension to the debate over the sustainability of open grazing of cattle.
He also drew flak for his interventions in high-profile cases and in the Federal Government’s disregard of a Supreme Court order on the naira redesign.
Stakeholders believe Fagbemi must avoid the pitfalls of his predecessor and chart a new path for himself and the justice sector.
Some needed reforms, by Agbakoba
Senior lawyers, including Dr Agbakoba, Chief Wale Taiwo (SAN), Chief Louis Alozie (SAN), Ahmed Raji (SAN), Wahab Shittu (SAN) and Managing Partner, Royal Practice LP, Ige Asemudara, offered tips to the minister.
Dr Agbakoba said: “Major reforms of the criminal justice system with particular reference to the utter confusion in the duplicated work of our law enforcement agencies in particular EFCC and ICPC is urgently needed.
“Also, there is a need to unbundle EFCC and restrict them to investigation only while a new national prosecution agency ought to be established.
“Another key reform would be a completely decentralised police at local state and Federal levels.
“Major revamp of our outdated laws is urgently needed to follow the Rwanda example that modified 1000 laws.
“The AGF must work on speed of justice. It’s a crying shame it takes upwards of 15 years to conclude cases from the High Court to the Supreme Court.
“He must create sector-specific dispute resolution agencies to free up the utterly cluttered dockets of the regular courts.
“The other very important task before the Attorney-General will be the unnecessary and wholly inefficient matter of over-centralisation of our superior courts.
“There is no better time than now to hack down the highly centralised court systems in Nigeria.
“The AGF is invited to consider major constitutional amendments to create a system of Federal and state courts.
“State courts ought to have exclusive jurisdiction over matters related to them.
“This is also the case for Federal courts whose jurisdiction must be limited to Federal causes.
“This will free up the clutter at the Supreme Court and make it the policy court it ought to be in the first place.
“We have a brilliant AGF in Lateef Fagbemi SAN. Am convinced this will be a simple task for him. He is a very good colleague and I have the highest confidence in his abilities.”
‘Avoid abuse of legal process’
Chief Taiwo noted that the office of the AGF is an ancient one that combines legal administration and the provision of independent legal advice with the political duties of being a member of the government.
He said: “He is the Chief Law Officer of the Federation. In terms of clout, the AGF is amongst the closest advisers of the President and that is where the complications set in for the holder of the office.
“This is because under Section 174(3) of the Constitution, in exercising his powers and functions of his office, ‘the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.”’
Taiwo noted that the fidelity of the AGF is to the Constitution and in exercising his powers and judgments, it must be in the interest of justice and adherence to due process.
As to Fagbemi’s prospects for the job, he said: “I am particularly elated. I have known him for more than 40 years. We were called to the bar at the same time in 1985. He is a jurist of repute with a sense of justice.
“His appointment is coming at a very critical moment given the recent history of the holders of that office.
“I have confidence that the learned SAN will deliver and surpass expectations. It may be lame to attempt to set an agenda for the new Attorney-General but we can assist him by making historical parallels.”
On how Fagbemi can succeed, Taiwo said: “We need the new AGF to embark on re-tooling the federal law enforcement framework.
“Gladly, at his Senate screening, Prince Fagbemi alluded to the current untidy setup of agencies like both the EFCC and ICPC having investigatory and prosecutorial powers.
“If he can succeed on that front, Nigeria will be better for it. It will not only strengthen the anti-graft war, but it will also help prevent abuse of legal processes in which the agencies have become notorious.”
The SAN also advised the minister to champion law reforms.
Taiwo said: “Again, I will cite another historical parallel that may help guide the new Attorney-General. The recently deceased Prince Bola Ajibola, SAN was for six years between 1985 and 1991 a moderating influence under the Babangida military regime.
“Prince Ajibola as AGF embarked upon a law reform project that we still talk about today.
“Some of the finest federal enactments (even though they were decrees) in the history of Nigeria came to be under his supervision. And he distinguished himself despite the headwinds of the anathema of a military regime.
“Therefore, Prince Fagbemi could draw inspiration from both late revered jurists and bring about a paradigm shift in the Nigerian justice sector.
“In fact, given the current state of our national security and myriad of socio-economic crises, I expect the new Attorney-General to champion law reforms to address the challenges to re-orientate our national well-being.
“I know Prince Fagbemi as a stickler for rules, principles, and processes which have brought him this far. He is a truth-talker. I expect him to navigate the terrain of political gamesmanship in the best interest of the country which he is going to serve with distinction.”
‘Obey court orders’
Chief Alozie noted that the Ministry of Justice represents the legal mind of the government and “has a duty to guide the government in its daily activities, to avoid arbitrariness and illegality”.
“It is the job of the HAGF to ensure court orders are obeyed,” he added.
The senior lawyer noted the many controversies that pervaded the judiciary landscape in the last eight years.
He said: “What we saw in the past eight years is complete lawlessness. Justices of the Supreme Court were harassed, arrested, and arraigned in court without good reason. Some were not even charged. Their residencies were raided by nighttime.
“DSS officers took over the illegal role of intimidating our Justices because of judgments they delivered. Since then, our superior courts have lost their independence. They operate in an atmosphere of fear of DSS & EFCC.
“It is expected that arbitrariness and executive lawlessness should be things of the past. The business of government including the anti-graft war must be conducted in accordance with the law.
“I pray that his tenure should bring a change in a positive direction. I also pray that as he leaves that office in the next four or eight years, he does so with his reputation intact.”
‘Act according to law’
Shittu noted that since the constitution is founded on the rule of law, everything must be done according to law.
“No one is above the law, and, in particular, that the government must comply with the law and that power is not exercised arbitrarily. It also requires that all persons have access to independent courts,” he said.
Shittu pointed out that the AGF is responsible for upholding the rule of law. He said that given the enormous constitutional duties bestowed upon him by his office, it is expected that he should be ready to make himself unpopular by telling the executive to its face that it cannot embark on certain policies if incompatible with the law.
The AGF must also refrain from attempting or the temptation of being politically right to the detriment of the letters of the law.
He said as the AGF, his office should be able to direct, at all times and whether favourable to the government or not, immediate compliance with all court orders, for that is the first sign of a society governed by the rule of law, adding when court orders are obeyed, enforcement of people’s rights are guaranteed.
On anti-graft war, Shittu advised that his watchwords should always be: “No one is above the law”. He said impartial application of the law is expected of him and that the law should be evenly handed among the government, its officials, agencies, ministries and citizens.
“In advising the government as to the legality of its actions or a proposed policy, it is expected that the AGF must not twist the law to suit illegal action(s) of the executive, and in enforcing compliance with the laws of the land, the AGF is expected to be as blind as our lady justice”, Shittu added.
The learned silk added that he expected the AGF to ensure that the constitutional rights of the citizens are respected and protected.
He urged Prince Fagbemi to be courageous in sticking to due process, and transparency, and to support rather than undermine democratic institutions.
Anti-graft war expectations
Shittu, an EFCC prosecutor and law teacher, said he expects the AGF to “ensure transparency and accountability in the activities of the government; establish various mechanisms for the protection of whistleblowers who report the corruption of the powerful people in the nation; combat corruption nationally and across the border while adhering to international standards, and be at the forefront of combating corruption and bribery in the government, public organisations, and private industry, regardless of the people implicated in such cases”.
Shittu urged the new AGF to refrain from exhibiting any bias, as hard as it may prove to be.
“He should not allow political affiliations or pressures to interfere with his duties; and should be transparent in every decision-making process to avoid any form of miscarriage of justice.
“He should not allow actions that violate the constitution, and should not turn a blind eye in a case of infringement of rights just because someone powerful is involved. He should avoid neglecting due process of law.”
‘Let law take its course’
Asemudara, who is the founder of Mission Against Injustice in Nigeria (MAIN), urged Fagbemi to reactivate the anti-graft battle that appears to have lost steam.
He said: “Prince Fagbemi is not swimming in strange waters. He understands the various nuances of law and what is required of him as the Chief Law Officer of the Federation.
“On compliance with the rule of law, I do not have a doubt that he will ensure that what is right is always done.
“There are pitfalls he needs to avoid. The Office of the AGF in the past was sometimes brought into great disrepute. A former AGF was once stripped of his honour.
“The immediate-past AGF was also accused of supporting a new NBA and not enforcing the rule of law regarding the likes of Elzakzaky and Dasuki. There are those who believe Malami did not live up to the expected standard of that office.
“We expect Prince Fagbemi to avoid those pitfalls. He should allow the law to take its course. He should drive the law to take its course.
“The EFCC is becoming a toothless bulldog. The commission should be reactivated. Other anti-graft and law enforcement agencies should also be activated for optimum performance. We should see him working.
“He’s not in a strange environment so I expect him to do well. Nigerians are expecting so much from the occupant of that office given the experience with the past.”
