Excessive delays in the regular courts have necessitated the call for the establishment of special courts to try corrupt public officers. Assistant Editor LEKE SALAUDEEN examines what the nation stands to benefit from the innovation.
The anti-corruption drive of President Muhammadu Buhari requires a judicial system that will accelerate the trial of corruption cases. Eminent jurists have warned that excessive delays in trying high profile corruption cases can frustrate and undermine the credibility of the government’s commitment to anti-corruption and fuel the culture of impunity. They contend that that the establishment of special courts to handle corruption and related cases will buttress the seriousness of the government in its campaign against corrupt practices.
The reason special courts are being proposed is the failure of the court system to facilitate prompt prosecution of suspects. Judges in the regular courts are fond of questionable long adjournments, frivolous injunctions and undue emphasis on technicalities that detract from the essence of corruption trials. The sad commentaries trailing Economic and Financial Crime Commission (EFCC’s) efforts in prosecuting corruption cases justify the demand for special courts manned by judges with iron cast will to bring the corrupt to justice and fence off deliberate hindrances stalling quick, diligent and successful prosecution of public officers and other prominent Nigerians docked for corruption.
It is public knowledge that the EFCC is yet to seek superior court orders to overturn dubious perpetual injunctions against the prosecution of many former governors who ruled between 1999 and 2007 accused of money laundering and frauds running into billions of naira. No tangible result had been achieved in prosecuting them. Worse still, most of them are not just freely enjoying their loot, a lot of them are occupying other political offices particularly in the legislature making laws for the people they had short changed.
It was the helpless situation of the EFCC that prompted the Commission’s chairman, Ibrahim Lamorde to make a case for the establishment of special courts to prosecute corrupt persons as a way of facilitating the anti-corruption war. He maintained that the anti-graft agencies are bugged down by the slow process in the regular courts.
To get it done, Lamorde suggested the amendment of the Nigerian Constitution to make provision for special courts to handle corruption- related cases and bring the culprits to book. “Some relevant laws in the Nigerian Constitution needed to be amended before the adoption of an action plan towards the fight against corruption. The challenge my colleagues and I are facing, especially in the EFCC and ICPC, is issue of prosecution of corruption and economic and financiall crime cases in regular courts”, he stated.
A former boss of the EFCC, Mrs Farida Waziri, alleged that some senior lawyers were frustrating the fight against corruption by stalling the prosecution of their clients docked by the anti-graft agency. She lamented the activities of such lawyers, who, according to her, fraudulently obtained money from their clients under the guise of delivering same as bribe to officers of the commission to kill cases under investigation. She said the lawyers most often exploit the weakness of the judiciary by filing frivolous applications to frustrate the trial of suspects for corruption and money laundering.
Constitutional lawyer Professor Itse Sagay (SAN) said the establishment of special courts is the best option for the present administration that has zero tolerance for corruption. According to him, the special court will accelerate and give a sharper bite to prosecution of corruption cases in the country.
Sagay noted that corruption cases linger for such a long time that there is little hope of timely justice both for plaintiffs and defendants. The purpose of trying a corrupt person in order to serve as deterrent to others is lost as the case drags for long while the suspect facing serious charges of corruption is left to strut about and use proceeds of such crime to thwart the judicial process.
“No doubt, the country needs special courts but it cannot be achieved overnight. It requires Constitutional amendment to give it legal backing. The executive has to send a Bill to the National Assembly for their consideration and approval. It will take between six months and one year to pass the bill”, he stated.
The Head of the Presidential Advisory Committee against Corruption explained that there are alternatives that could be used pending when the special courts would come on stream. According to him, government can create criminal law division and identify particular judicial officers who have the capacity, integrity, courage and knowledge to do justice without fear or favour.
“Pending the time the special court will get legal backing, government will put in place other alternatives to ensure quick dispensation of corruption cases so that the objective of this administration to fight corruption headlong will be achieved”, Sagay said.
Supporting the call for the establishment of special courts, a lawyer/human rights activist, Mr Monday Ubani said it will enhance President Buhari’s anti-graft war. He said if established, the courts will add fillip to the expeditious trial of corruption and related cases that have for long been suffering due to a combination of several factors such as court congestion and the complicity of some unscrupulous members of the bench and the bar to scuttle high profile corruption cases.
Ubani observed that the general lethargy, sabotage and scant commitment of the judicial system are the major reasons many Nigerians believe the anti-graft war is deceptive and not working. He believed the proposed special courts to be established by the Buhari administration to handle corruption and other related cases will buttress the seriousness of the government’s resolve to confront corruption.
Apart from setting up special courts, the former Chairman of the Nigeria Bar Association, Ikeja Branch, called on government to introduce socio-economic policies that would discourage corruption among the people. For instance, government should ensure judges and civil servants are well enumerated, job opportunities for school leavers and social welfare programme for the unemployed.
A Kaduna based lawyer, Mukhtar Modibo endorsed special courts because the nation’s judiciary as operated today cannot bring speedy justice to corruption offenders. He observed that corruption cases, like other cases linger for a long time that there is little hope of timely dispensation of justice. Prosecution of corruption cases involving high profile suspects are frustrated due to frivolous applications, questionable injunctions and long adjournments granted by the judges.
He said the courts if established would facilitate the work of the anti-corruption agency. The EFCC, according to him has 1,500 cases pending in various courts across the country; seventy-five per cent of these cases involve high profile persons whose cases have been pending for more than seven years. He suggested that the courts should be established in each of the six geo-political zones of the country.
Modibo noted that the courts are overwhelmed by the sheer volume of cases before them which is responsible for slow adjudication process that is brazenly exploited by suspects. According to him, it is not enough to put in place special courts for corruption. The authority should ensure judges of proven integrity are appointed to preside over them. Otherwise, the objective for setting them up, which is to quicken administration of justice will be defeated, he added.
Special courts in other clime
Specialised law enforcement bodies dedicated to the fight against corruption have been established in several European countries. They often focus on middle and high-level corruption offences and corruption related acts committed by high- ranking public officials. Investigators and prosecutors are usually specialised in corruption and financial crimes and have access to special investigative techniques.
Bulgaria, Croatia and Romania have all adopted specialised law enforcement bodies as part of their efforts to curb corruption and end the culture of impunity that permeates these countries. The results achieved are varied.
Few countries have also established specialised anti-corruption courts. They have jurisdiction over the offences investigated and prosecuted by special anti-corruption bodies. These are far less common than specialised law enforcement.
In Bulgaria, a specialised court and prosecution office for organised crime became operational in 2012. The court deal with crimes committed by organised criminal groups, including corruption-related crimes.
Special court departments were established in Croatia in 2008. These courts have subject matter and territorial jurisdiction of criminal cases. They only hear middle and high-level corruption and organised crime related cases. The judges in the special department have more experience of working on complex cases. They are appointed through the annual schedule by the court president, based on the opinion of the Council of Judges. They also have to pass through a security check. According to Amnesty International, special judges receive higher salaries and are recruited from amongst the most experienced criminal law judges.
In Slovakia, the Specialised Criminal Court was created in 2009. The main rationale for establishing the court was to build the capacity of the judicial system to deal with complicated criminal cases that are often also of great economic and social significance. The specialised criminal court in Slovakia is a court of first instance positioned at the same level as regional courts. Its decision can be appealed to the Supreme Court. It has jurisdiction over criminal matters and it adjudicates on the following offences: fraud and corruption in public procurement, abuse of power, acceptance of a bribe, economic crimes and crimes against property, indirect corruption, creation and promotion of criminal or terrorist groups, crimes committed by criminal or terrorist groups and deliberate killings.
The analysis of corruption related judgments, according to Transparency International report on Slovakia, shows a steep increase in the number of convictions after the establishment of the court –from 25 per cent in 2005 to 75 per cent in 2011. The court is perceived as independent and very professional. Financial as well as human resources are considered to be sufficient and the educational background of judges and the staff is also said to be adequate.
For Advocates of anti-corruption courts laid emphasis on training on complex issues related to corruption and economic crimes.
