Former Court of Appeal President Justice Ayo Isa Salami, Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof. Itse Sagay Law professor Fidelis Oditah and some others have suggested how Nigerian can make progress in its anti-graft war and ensure prompt criminal prosecution.
Justice Salami called for a courageous Bench that is blind to extraneous influences, but always willing to apply the law as though the heaven will fall.
Oditah, a Queen’s Counsel (QC) and Senior Advocate of Nigeria (SAN), blamed delays in criminal proceedings on judges and their inability to effectively manage the court process.
Sagay, who blamed corruption for the nation’s stunted growth, called for attitudinal change and a collaboration of stakeholders in the criminal justice system to win the anti-graft war.
The trio spoke in Abuja on Tuesday, at an event, with the theme: “The Administration of Criminal Justice Act (ACJA) 2015 and the preservation of constitutional safeguards,” organised by PACAC.
Others are President of the Court of Court of Appeal, Justice Zainab Bulkachuwa, Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ishaq Bello, John Baiyeshea (SAN), Rotimi Jacobs (SAN), Joe Kyari Gadzama (SAN) and Law lecturer at the University of Lagos, Wahab Shittu.
All the speakers agreed with the Supreme Court’s interpretation of Section 306 of ACJA, in the case of Olisa Metuh and Federal Republic of Nigeria, in prohibiting stay of proceedings in criminal trials, as a way of curbing delay.
Justice Salami, who hailed the innovative provisions of ACJA, which aimed at curbing delay in proceedings, argued that it required a courageous Bench to ensure the effective application of the law.
He urged judges to be firm and take necessary steps to frustrate the dilatory tactics of parties in criminal cases, mostly the defence, who seek to benefit from a delayed prosecution.
The retired Court of Appeal President, who cited some Supreme Court decisions, where the apex court frowned at delay, said: “The inference I can draw from these cases is that the court is not helpless.
“If the accused person decides to be wasting time by asking for adjournments and bringing all sorts of funny interlocutory applications, mainly because he is on bail, the bail could be revoked and the accuse can be kept in custody.
“But, our judges, unfortunately, have been intimidated or cowed or some of us don’t have courage sufficiently to back out academic prowess because courage is one of the necessities of being a judge.
“So, you can revoke his bail and put him in custody and you will see that the bail will move more quickly.
Justice Salami suggested among others, the appointment of judges from among the Bar, the involvement of PACAC in assisting the President to screen individuals nominated by the National Judicial Council (NJC) for appointment as judges and an end to the practice of involving private lawyers in the prosecution of criminal cases.
Oditah, who was the keynote speaker, argued that delay in criminal trial was not necessarily as a result of the provision for stay of proceedings.
He contended that Section 306 would have been unnecessary if judges were firm, courageous and learn to adopt case management strategies to prevent waste of time and public funds.
Oditah said: “To my mind, the real problem that we have had are the judges themselves and their failure to exercise their case management powers including their powers to make orders for cost.”
He called for a fundamental departure from the current practice that encourages delay, urging judges to award punitive cost where necessary, and adopt other measures provided in the ACJA to enhance prompt prosecution of criminal cases.
Noting that “the progress of a case is dependent on the conduct of the judge,’ Oditah said: “Over the years, our court’s integrity has been blighted by the judges’ inability to be courageous and adopt case management strategies.”
Prof Sagay, who said he was speaking from a socio-economic perspective, appealed to senior lawyers to put societal interest above their individual urge to make huge money.
He argued that it was unfair for the senior advocates to devote their legal skills to protect the few who have converted the nation’s wealth at the expense of the majority.
The PACAC chair faulted the recent call by some senior advocates that the Supreme Court reverses its position on the provision of Section 306 of ACJA.
He argued that it was wrong for senior lawyers to argue that those who have looted the people’s commonwealth should be protected by the court.
Justice Bulkachuwa, who was represented by Justice Mohammed Shuaibu (also of the Court of Appeal), assured that her court was in agreement that delay should not be tolerated in criminal cases.
The President of the Court of Appeal, who suggested the engagement of quality prosecutors, said the court was not in doubt that Section 306 of ACJA was a valid law that has not breached litigants’ right to appeal.
Justice Bello, who was represented by Justice Sylvanus Oriji, also assured that his court would do all within its powers to ensure prompt criminal prosecution, within the spirit of Section 306 of ACJA.
Baiyeshea argued that there was need for attitudinal change on the part of lawyers and judges if the country was to make progress in its anti-corruption drive.
He said: “The judges need to be firm and courageous not to allow these senior layer sand high profile criminals to take advantage of the system.”
Wahab, who noted that there was element of corruption in every level of the criminal justice system, said all stakeholders in the system should share the blame.
Jacobs blamed delay on Senior Advocates, who mostly constitute the defence team in high profile criminal trials, Gadzama said he believed in the provision of Section 306 of ACJA and was willing to support its implementation.