By Onyewuchi Ojinnaka
Senior Correspondent
A Professor of Law and a Senior Advocate of Nigeria (SAN), Itse Sagay, has taken a swipe at his fellow learned silks, who frustrate the prosecution of high profile corruption cases in courts.
He recommended that severe disciplinary action be taken against them by the appropriate disciplinary organ of the National Judicial Council (NJC) .
Sagay, who is also the Chairman, Presidential Advisory Committee Against Corruption, advocated that such disciplinary action for SANs and senior lawyers should include denial of right of appearance in such high profile and grand corruption cases.
Sagay’s views are in his paper, titled, “Strategies and Approaches for the Successful Completion and Effective Prosecution of Abandoned and Unresolved High Profile Cases of Corruption in Nigeria; Combating Grand Corruption and Impunity in Nigeria, ” presented at the media roundtable organised by a Lagos-based human rights crusader, Socio-Economic Rights and Accountability Project (SERAP) in conjunction with TrustAfrica.
He said that prosecuting lawyers in grand corruption cases should “Apply to reinstate any case struck out for want of prosecution.
“In cases requiring appeal, the authorities must apply for leave to appeal out of time, and prepare evidence and legal arguments thoroughly, including by inviting consultants to advise.
“Prosecuting authorities must insist on full application of Sections 306 and 396 of the Administration of Criminal Justice Act, namely: No stay of proceedings under any circumstances – Section 306. Any preliminary objection must be taken together with the substantive issue – Section 396(2), and hearings shall be daily, but in exceptional cases. Adjournments not to be in excess of 14 working days may be granted. Such adjournments not to exceed five in any proceedings – Section 396 (3) and (4).
“A High Court Judge who is elevated whilst presiding over a criminal case should be allowed to conclude the case without any effect on his new status.
“The head of various courts, namely, Chief Justice of Nigeria; President, Court of Appeal; Chief Judge of the Federal High Court; and Chief Judges of State High Courts, should be sensitized about the very critical nature of the fight against high-level official corruption to Nigeria’s development and the welfare of its peoples.
“Pending the establishment of a Special Crimes Court for the whole country, Criminal Divisions should be created in the Federal and State High Courts.
“Specially vetted and selected Judges, known for integrity and self-discipline should be posted to man such Courts.
“It is very important to deploy the Administration of Criminal Justice Monitoring Committee and Civil Society Groups to monitor all high profile corruption cases on a day to day basis.
(i) to ensure that corruption cases are heard speedily and in full compliance with Sections 306 and 396 of the ACJA, and (ii) to report non-compliance by any Judge to the National Judicial Council (NJC).
“All suspected proceeds of crime should be placed under temporary forfeiture during the trial of a high-profile person.
“Prosecuting authorities should resort to Non-Conviction Based Asset forfeiture, where proof beyond reasonable doubt is difficult to achieve because of technicalities.
“Prosecuting authorities should also consider resorting frequently to the Plea Bargaining Provisions of ACJA in order to save time and state resources”.
