- With manifest good faith, these two crucial bodies should work as one to eradicate corruption in the land
Not surprisingly, the Nigerian Bar Association (NBA) has taken serious exception to the reported sweeping dismissal by Ibrahim Magu, chair of the Economic and Financial Crimes Commission (EFCC), of lawyers as “rogues and vultures”.
Mr. Magu was speaking in the context of the clear bad faith some eminent lawyers have been manifesting towards the war against corruption, which the EFCC leads; but which these lawyers rebuff, under the guise of “due process”.
“The NBA condemns in the strongest terms the use of abusive and uncivil language of ‘rogues and vultures”, riposted Isiaka Olagunju, NBA secretary-general, in a statement, “and such strictures by a public authority. Name-calling and use of abusive language is (Sic) not expected of any public institution. It is unacceptable”, he concluded rather emotively, demanding a withdrawal of the Magu statement and “an unreserved apology.”
On a general note, the NBA is not wrong. And just as well, that our laws have not provided for class libel. NBA could well have dragged Mr. Magu to court, claiming huge damages! Indeed, and in truth, Mr. Magu should learn to choose his words much less emotively; and much more with decorum.
Still, on the face of it, given the notorious facts of how some senior lawyers have tried to subvert the anti-corruption war on sheer cynical procedure, the lawyers are not entirely blameless.
True, dismissing such lawyers as “rogues” would still appear a bit crude. But definitely not as vultures — for even for these senior lawyers, who ought to be immaculate priests in the temple of justice, their conduct, body language and utterances would indeed appear no different from vultures awaiting fat carrion, rather than avenging angels for justice!
That is very sad, given that the court system, with the practice of law, would be the first set of grand victims, should polite society go under. After corruption and impunity had brought Somalia to its knees, whoever still practices law over there — in any case, the way it is practiced here?
Given the clear and present danger sleaze and allied corruption pose to this polity and society, their eradication ought to be a national emergency, in which the NBA and EFCC should splendidly cooperate, without necessarily subverting the rigour of justice.
To ensure this rigour is the NBA forte — and indeed, duty; for, after all, every accused, no matter how dire the crime, is presumed innocent until proven otherwise in open court; and pronounced so, after due process.
But the bad faith some lawyers have exhibited so far appears to weigh more on the side of subverting the process for rich clients, than getting justice for the accused persons and the society. That is bad and condemnable; for a section of the Bar — and Bench — right now seems to be shirking their lawful duty to help rid their country of filth.
That perhaps explains the Magu hysterics, which nevertheless is regrettable. Still, that outburst should redirect the Bar to re-enlighten its members to play roles expected of them, as priests in the temple of justice.
Let, therefore, this confrontation signal the beginning of useful cooperation between the Bar and the EFCC. In pursuit of procedural purity, the NBA is right to insist on robust institutional debates, one of which suggests EFCC should be shorn of its prosecutory role, leaving it only with investigation. However that debate is resolved would help strengthen the criminal-justice system.
But even while doing that, the Bar must realise it is no opponent or enemy of the EFCC and vice-versa. So, the two bodies should cooperate to get the job done. With manifest good faith on both sides, both will work towards freeing the innocent but also punishing the guilty. The moment it dawns on everyone that sleaze would not go unpunished, no matter from whatever quarters, Nigeria stands the chance of fulfilling its manifest destiny, which, for too long, has been shunted aside by large-scale turpitude
