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» » » » Nigeria’s New Corruption Courts: Between Judicial Reforms and Face-Saving Measures By Tobi Adebowale

It is a new legal year and at a ceremony commemorating its commencement, the Chief Justice of Nigeria (CJN), the Hon Justice Walter Samuel Onnoghen announced the establishment of new corruption courts to aid efforts of the federal government in tackling the menace.
Fighting corruption has been the buzzword for the present government at the centre led by President Muhammadu Buhari for the past 27 months. The administration, to be fair to it, has unearthed mind-boggling instances of corruption under the Goodluck Jonathan administration but is yet to establish significant victories against the many corruption suspects identified.
At different points in time, the government has blamed its uninspiring success rate in court either on the aggression of ‘corruption fighting back’ or on the complicity of judges and other members of the legal profession. The delays experienced in dispensing with corruption and other criminal matters have also been cause for worry among Nigerians and in one instance, President Buhari described the judiciary as his major headache in the anti-corruption war.
The Nigerian judiciary has displayed varying reactions to vitriolic comments by members of the executive arm of government, choosing many times to ignore the attacks while issuing strong statements to assert its innocence and fairness on some occasions. On Monday, 18th September, 2017, the judiciary gave its most assertive response yet by announcing the establishment of special corruption courts as a measure of support for ongoing efforts to tackle corruption.
The Chief Justice of Nigeria (CJN), Hon Justice Walter Onnoghen (JSC), while declaring open the new legal year stated that “We, in the judiciary are fully aware and in fact worried by concerns expressed by members of the public on the very slow speed with which corruption cases in particular are being heard or determined by our courts.”
Under the new arrangement announced by the CJN, all divisions of state and federal high courts in Nigeria are to have special departments to which corruption matters will be duly assigned to ensure that more corruption cases are heard and dispensed with in timely fashion. All appeals emanating from corruption cases are also to be treated with dispatch by the Court of Appeal and the Supreme Court. In addition, the judiciary will be establishing an Anti-Corruption Cases Trial Monitoring Committee to ensure that all trial and appellate courts handle corruption cases with required diligence and transparency.
All the new measures considered highlight the importance of the judiciary to government’s anti-corruption campaign and appear to score a major point against the president and his men who have in any case been unable to establish similar measures through legislation. The executive bill for the establishment of special courts for corruption and other crimes has earned an indeterminate fate in the National Assembly for predictable reasons while the prosecution advisory committees supervised by the attorney-general of the federation have become known more for media wars with anti-graft agencies than for unique stratagems of clinching victory for the government in court.
The above said, while the new measures announced by the CJN hint at major reforms within the judiciary, we cannot pretend not to know that they may also simply represent face-saving measures. Our judges are far from blameless as far as corruption is concerned and like all other systems operated by humans, individual shortcomings may as well render nought the expected effects of new reforms. To mitigate the possibilities of misapplied use of discretion in facilitating speedy handling of corruption cases, the CJN needs to issue unified and extensive practice directions guiding the activities of the special corruption courts to be set up in various divisions.
In the last one year, we have seen raids carried out by the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) on the homes of certain judges and even though revelations by the agencies do not constitute conclusive proof of wrongdoing, they hint at distressing possibilities. It is not impossible that there are many more questionable persons still sitting as judges at various levels of court and who may make it into new panels set up to hear corruption cases. It will therefore be necessary for the National Judicial Council (NJC) to work with relevant agencies and stakeholders in minimising this risk by designing a thorough screening process for the selection of judges to hear corruption cases.

Going beyond the establishment of special courts and procedures to treat corruption cases, the CJN needs to work with the executive and legislative arms of government for extensive reforms of the judiciary to generally ensure the faster dispensation of justice in all matters. Nigeria needs more courtrooms and many more judicial officers with enhanced skills and aided by technology to ensure increased access to court verdicts in timely fashion as obtains in the fastest developing countries. The recent ruling of the Kenyan Supreme Court nullifying the re-election of President Uhuru Kenyatta was, for instance, available to the public within two hours of the verdict. The same can happen in Nigeria, we just need to push a little harder and that of course would also mean addressing the inefficiencies and brazen corrupt tendencies of support staff in many of our courts.

Source; www.olisa.tv

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