- Reports that senior advocates have turned down offers to prosecute judicial officers accused of corruption is neither in the interest of the Bar nor the Bench
It is disheartening that senior members of the inner Bar are refusing to be part of the resolve of the Federal Government to rid the judiciary of corruption. Following the October 7 and 8 raids of courts by the Department of State Services (DSS), prosecution of the judges has been stalled as the Attorney-General of the Federation (AGF) is reported to be having difficulty constituting panels to handle it.
As is customary in prosecuting high profile corruption cases, the AGF had thought senior lawyers who had been part of those handling such cases as members of the National Prosecution Coordinating Council (NPCC) would readily agree to take the job but they declined on the flimsy ground that the Federal Government was persecuting judicial officers. Ironically, the lawyers feel at home with handling the defence.
About 18 months after President Muhammadu Buhari who had made the War Against Corruption a major plank of his electioneering campaign assumed office, Nigerians have started grumbling that the move to recover stolen assets and punish perpetrators of fraudulent acts in all facets of life has failed to yield much result. Towards the end of last year, the President promised to ensure that some of the suspects would have been successfully prosecuted before the end of the first quarter of 2016. This was not to be as many of those arraigned in court found ways of stalling their trial.
Obviously, this informed the decision by government, acting on the recommendation of the Professor Sagay Committee, to put together an 80-member NPCC. The council is divided into 20 groups, each headed by an experienced Senior Advocate of Nigeria (SAN). We find it difficult to accept that the SANs, in rejecting the assignment, were guided by the noble ideal of defending the judiciary. How did they arrive at their position? It is clear that every accused is presumed guilty until convicted by the court. The fact that they are being arraigned is therefore enough opportunity to prove their innocence; but, just as every accused has the right to secure the services of a counsel of his or her choice, the government, acting in the interest of the state, has the duty to assemble a competent team to handle the prosecution.
The prosecutors have the right to diligently put the accused through the grill with a view to establishing the truth. By dodging this assignment, after signing on to work with the prosecution council, the senior lawyers must have a motive other than noble.
It would appear that their action is not unconnected with the concurrent arrest and arraignment of some other SANs. Godwin Obla and Rickey Tarfa are among those the Economic and Financial Crimes Commission (EFCC) is prosecuting. Shamefully, the Body of SANs found nothing strange with what Tarfa was accused of – hiding foreigners accused of economic sabotage in his car with a view to shielding them from trial. The senior lawyers embarked on protest like exuberant school children and filed out in court with a view to intimidating the judge. This is contrary to the practice in other countries where the outer and inner Bar lead the bid to rid their ranks of unethical conduct.
Being a senior advocate should be synonymous with decency and integrity. A close look at all the ignoble deals being exposed by the current administration shows many involve men who ordinarily should be seen as officers in the temple of justice. We are however pleased that some experienced international prosecutors have willingly accepted the offer. We call on the AGF and the EFCC to look for other senior lawyers who feel affronted by the stain on the integrity of the Bar and the Bench to join the prosecuting team.
