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Tag: special courts

  • Ex-EFCC chief: creation of special courts has vindicated me

    Ex-EFCC chief: creation of special courts has vindicated me

    Former Chairman of Economic and Financial Crimes Commission (EFCC) Mrs. Farida Waziri has lauded Chief Justice of Nigeria (CJN) Walter Onnoghen’s initiatives aimed at strengthening the war against corruption.

    Fielding questions at an event in Lagos at the weekend, Mrs. Waziri said she was happy with the CJN for setting up special courts to handle corruption cases, stressing that “this bold move has indeed vindicated me on the crusade I started for the establishment of specialised or special courts as EFCC chairman some eight years ago.”

    According to her, “the CJN is a man after my heart because great minds think alike. Finally, a Daniel has come to judgement. I remember when I began the call for special courts, I went round the leadership of the judiciary and NBA then. I took advantage of every opportunity I had to justify the need for it but many of my adversaries kicked against it because they were desperate for my downfall. But I’m glad some of them have joined the crusade today.”

    On her reaction to the shocking revelations on the volume of sleaze under the immediate past administration of President Goodluck Jonathan, the former EFCC boss said: “I’m only glad that those things didn’t happen under my watch as EFCC Chairman because it would have been too traumatic for me. And that is why if I see President Jonathan today, I will kneel down to thank him for the honour done me by removing me as EFCC Chairman at the time he did.”

    Mrs Waziri went on: “My first strong premonition of what was ahead was when I began the probe of the monumental oil subsidy fraud going on then. I came to Lagos on a vital intelligence on the subsidy scam and as soon as I arrested a key culprit, I got a call from the Presidential Villa asking me to release the suspect, because, according to their words, ‘he is our person’, but I refused to let him off and days after I was removed from office.”

  • Fed Govt to establish special courts for hate speech

    •IG gets order on community policing

    Surveyors of hate speech are likely to face special courts like kidnap and terrorism suspects, the Presidency gave the indication yesterday.

    It was one of the resolutions at last week’s retreat on National Security according to the communique made available by media adviser to the Vice President on Media and Publicity, Laolu Akande.

    Akande said the Federal Government would help states to develop a template on how such special courts would be established and managed.

    He said the retreat expressed concerns about the delay in the criminal justice system and the NEC concluded that prompt action by law enforcement agencies was imperative.

    “NEC members urged prompt action in the arrest and prosecution of perpetrators of terrorist acts, kidnapping and purveyors of hate speeches. To facilitate this, the designation of special courts was also advocated and the consensus was that judicial and executive arms of the federal and state governments would be working together to establish such courts,” he said.

    He said the retreat which was convened to review current security challenges across Nigeria featured presentations on national security situation, terrorism in the northeast, herders/farmers clashes, ethno-religious crises, regional agitations for secession, hate speech, kidnapping and security challenges in the Niger/Delta.

    He said the NEC recognized the herders/farmers conflict as a problem of land use,p which had “however taken an ethnic and religious coloration” and agreed that both the Federal Government and sates needed to properly define the problems and eschew the ethno-religious construction “of what is otherwise an economic challenge.”

    He said the council observed that it would be useful to bring the different groups of herdsmen and the farmers together to meet and work out some of the issues affecting them.

    The retreat also demanded that community policing model be immediately enforced ahead of the required constitutional amendment for state police.

    It was agreed that policing the country and the entire law enforcement generally could not effectively continue without devolving policing and law enforcement out to the states.

    Akande said Osinbajo directed Inspector-General of Police Ibrahim Idris to initiate community policing in line with the provisions of section 215(3) of the 1999 constitution as amended and section 10(1) of the Police Act.

    “According to section 215(3) of the Constitution, “the President or such Minister of the Government of the Federation as he may authorise in that behalf may give to the Inspector-General of Police such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary and the Inspector-General of Police shall comply with those directions or cause them to be complied with.

  • Lawyers divided on creation of Special Courts on corruption

    Lawyers divided on creation of Special Courts on corruption

    Lawyers yesterday expressed divergent views on the Federal Government’s bid to establish special courts for corruption and related offences.

    The bill, sent to the National Assembly by the Presidential Advisory Committee Against Corruption (PACAC), is entitled: A Bill for an Act to provide for the establishment of a Special Crimes Court as a superior court of record to allow for speedy trials of certain offences, including economic and financial crimes, terrorism, money laundering and corruption offences and for related matters.

    A Senior Advocates of Nigeria (SAN), Chief Emeka Ngige, constitutional lawyer Ike Ofuokwu and Director, Prisoners Rights Advocacy Initiative (PRAI), Ahmed Adetola-Kazeem, said the bill was welcome.

    But, another SAN, Ahmed Raji, and former Lagos Branch Chairman of the Nigerian Bar Association (NBA) Mr Alex Muoka, said such a court would amount to duplication and waste of resources.

    Ngige believes the special court, when established, would help the existing courts in decongesting the never ending criminal cases pending before them.

    He said: “It is my belief that the Bill is borne of out of the frustrations being experienced by the anti-graft agencies in the prosecution of litany of criminal cases bordering on corruption and terrosrism.  I have not read the Bill, but I hope that the loopholes which bedevilled the previous efforts of the Federal Government in setting up Failed Banks Tribunals in the 90s should be addressed.”

    Ngige urged PACAC to go a step further to initiate constitutional amendment to include the Special Crimes Court as one of the courts of superior record which neither Federal or State High Courts would exercise supervisory jurisdiction over.

    He also advocated the establishment of Criminal Divisions of the Court of Appeal to take care of appeals emanating from the special crimes court.

    “Even at the Supreme Court level, I suggest that more appointments on merit should be made to bring the number of Justices at the  Apex Court to 21 as constitutionally provided  so as to enable the court deal with appeals flowing  from the Special Crimes Court  within nine months of the entry of the appeal from the court below. It is my hope that members of National Assembly should give the passage of the Bill an accelerated hearing and attention,” Ngige said.

    However, Raji court congestion requires a comprehensive and holistic treatment, adding that the government should pay greater attention to the causes and prevention of crimes rather than the effects.

    “It may be more effective and cost efficient if special divisions are created out of the present courts to take care of the contemporary problems to make room for adjustments as the situation may demand. The committee should engage the bench on this matter.  But I commend the committee for making efforts towards achieving a better society in our country. May God bless and reward them,” Raji said.

    Ofuokwu said the Bill was “a bold” move, adding that an indefatigable prosecuting team ?must be assembled, trained and put in readiness to use the court.

    “Secondly, judges that are averse to corruption, courageous, brutally honest and very sound legal minds such as the Joseph Olubunmi Oyewole’s must be identified and assembled to handle such cases. These courts must be apolitical not subjected to legislative or executive interference in any way,” he said.

    Adetola-Kazeem urged the Federal Government to ensure the maintenance of high ethical standards by officers of the courts when created, as well as speedy and effective adjudication of the ‘special crimes’.

    “The government must also ensure that the court maintains its independence and not used as a tool for witch-hunting perceived political enemies. The EFCC and ICPC were established by the Obasanjo government because of the perceived ineffectiveness of the Nigeria Police Force similar to the present scenario.

    “However, along the line, these agencies became ineffective and its officers were accused of monumental corruption, the crime they were expected to fight. How the government intends to forestall the fate that befell the EFCC and ICPC not befalling the special crimes court remains to be seen,” Adetola-Kazeem said.

    But, Muoka said rather than create new courts, existing ones should be strengthened.

    “I think we have a penchant for ad-hoc solutions to problems. We enjoy re-inventing the wheel. We approach every issue with the mindset of setting up a new body to provide a solution. In my humble opinion, it is an unnecessary duplication of efforts and resources.

    “A crime is a crime. Rather than setting up special courts to deal with certain types of crimes, the focus should be on strengthening the existing courts that deal with criminal offences. I do not consider that there is any type of “economic and financial crimes, terrorism, money laundering and corruption offences and for related matters” that the existing High Courts cannot deal with expeditiously if their capacity is strengthened. The offences are not new offences. They are offences currently existing on our statute books and presently being tried in the existing courts.

    “The resources that would be deployed in setting up special courts would be better utilised in improving the existing court system – instead of setting up separate (and duplicate or parallel) superior courts of record each with its own head of court and administrative machinery, structures and buildings, legislative framework etc.

    “Yes it would probably create more job opportunities for judicial officers, registrars and court staff – but is that what this is about? If the concern is with genuinely addressing a problem, then we need to think beyond this ad-hoc solution,” Muoka said.

     

  • EFCC seeks special courts to try suspects

    EFCC seeks special courts to try suspects

    Economic and Financial Crimes Commission (EFCC) Chairman  Mr. Ibrahim Lamorde has said that tracing looted funds and assets abroad is cumbersome.

    He recommended the establishment of special courts to fast track prosecution of corruption suspects.

    The EFCC has replied the Senate’s on its allegation that N1.3trillion seized from convicts was diverted.

    Lamorde spoke in an interview with BBC which was reproduced in the EFCC Alert magazine.

    He said: “You see, whatever you do, one must be conscious that it is within the ambit of the law; so there are no shortcuts to investigating and prosecuting corruption cases. Everything must be done according to what the law provides.

    “People expect magic and it doesn’t work that way. In developed countries of the world, if we look at all corruption cases, none of their investigations and prosecutions has lasted less than five years.

    “I give you the example of James Ibori (a former governor of Delta State), that is serving jail term in United Kingdom. We started working with the Metropolitan Police on this case around 2005, they didn’t go to court until 2009 or 2010 and some of the processes are still in court like the confiscation process.

    “Nobody keeps resources, funds or assets in their names within the jurisdiction where they commit such offences. Most times, they move out of their immediate jurisdiction. So, the processes of tracking these assets and funds that are stolen are cumbersome.

    “Once it is not done within your jurisdiction, it becomes issues of cooperation with other law enforcement agencies in other countries and that takes time.

    “Not only that, trying to identify these assets also takes a lot of resources and time.”

    On alleged diversion of N1.3trillion by EFCC, Lamorde said the anti-graft agency has written the Senate on issues raised by a petitioner, George Uboh.

    He added: “It’s true that such allegation has been made but we have written to the Senate. We have respectfully responded to the letter of invitation sent to us, explaining why we were not able to go by the date given. We think that based on what we have written to them, a new date should be given to us for us to engage them to discuss the issue concerned.

    “We have engaged the services of a reputable audit firm since last year to work on all assets that have been seized and recovered by the EFCC.

    “We want to have a comprehensive report that will stand the test of time. I’m not only talking about 2012 to 2015 that I am in charge of affairs, I asked them to look from the day the commission was created, that is April 2003 to date, so that we have a comprehensive report we can put in public space. Any person who has issues with that can challenge it and we will look at it.

    “You see, people judge others by their standards. If they are entrusted with public funds, they will misuse it. So they just assume every other person can do the same. So, they look at you from their own perspective of what they may do or what they are doing. I think that is what is happening.:

    Lamorde also said he is in support of the creation of special courts to try financial crimes suspects

    He said the special courts would hasten the trial of suspects accused of corrupt practices.

    I think it will be very helpful; it will improve the anti-corruption drive tremendously if dedicated courts or specialized courts are created or we designate certain courts specifically for economic and financial crimes and corruption.

    I think it will also give room for specialization, making them proficient in what they do. In a situation whereby a judge listens to a case of divorce and then the next case is armed robbery, the next one is rape, then they go into corruption, then he must have lost concentration because judges are human beings, no matter how good they are.

    “So, it will be very good if we can get a court designated for corruption and related cases.”

  • Graft: Ex-public officers jittery over planned special courts

    Graft: Ex-public officers jittery over planned special courts

    KEY players in the former President Goodluck Jonathan administraion are jittery over President Muhammadu Buhari’s planned special courts for treasury looters, it has been learnt.

    Sources told The Nation  on Sunday that they are looking for “safelanding”for themselves and their proxies to avoid trial.

    The preferred options, sources close to the Peoples Democratic Party (PDP) said, may include the refund of what they inappropriately acquired while in office.

    Plea bargain is also said to be on the cards as some of the officials were ex- functionaries of key federal government ministries, agencies and parastatals.

    A party source said many of the lobbyists served in the petroleum ministry and some of its agencies.

    Others are former operators at the Nigerian Ports Authority (NPA), federal revenue board and some maritime agencies, among others.

    Media reports indicated that the president may initiate a bill for the establishment of special courts to try corruption cases.

    The proposed bill would require the approval of the National Assembly.

    Analysts believe that it would be difficult for the lawmakers to oppose the bill, because of the prevailing mood within and outside the country.

    Reports of massive looting of the public till erupted shortly after Buhari assumed office on May 29.

    It was also reported that the President might have, through the National Judicial Council (NJC), directed the screening of judges to pick the most suitable among them to serve on the special courts.

  • Clark wants special courts for terrorists, sponsors

    Clark wants special courts for terrorists, sponsors

    The country seems to be divided on the issue of amnesty for the dreaded terrorist group, the Boko Haram.

    President Goodluck Jonathan last week set up a committee to look into the idea, following widespread calls for amnesty for the group by well meaning Nigerians as a way to stop the senseless killings in the northern  part of the country.

    But a group,  Congress for Equality and Change (CEC) yesterday in Abuja asked for the establishment of special courts to prosecute Boko Haram suspects and their sponsors.

    This, the group argued, would serve as a deterrent to others.

    The group’s  position was contained in a communique signed by its National Leader and First Republic Minister of Information, Chief Edwin Clark, and its National Chairman, former Senate President Ebute Ameh after an emergency meeting.

    Over  40 politicians across the country attended the meeting, which was primarily to review contemporary national issues.

    The group viewed the activities of the Boko Haram sect as being detrimental to national development, and so  hoped that the amnesty programme being considered  ”does not constitute an incentive for unpatriotic elements or groups to cash on to perpetuate criminality and seek refuge in amnesty”.

    The group said:  ”Amnesty (for Boko Haram) should not be left in the realm of speculation and or ambiguity but rather, deliberate steps should be taken to ensure that it does not constitute an incentive for unpatriotic elements or groups to cash on to perpetuate criminality and seek refuge in amnesty.

    “There should be a wider stakeholders’ consultation in arriving at the modalities expected to articulate the necessary preconditions to grant amnesty. Special courts should be established for the speedy prosecution of terrorists to serve as a deterrent to others.

    “We call on security agencies to ensure the speedy identification, arrest and prosecution of the sponsors of these acts of terrorism. We also call on the National Assembly to hasten the passage of Anti-Terrorism Bill.”