Special courts for corruption cases
The fight against corruption by the President Muhammadu Buhari-led administration received a major boost last week when Chief Justice of Nigeria [CJN] Justice Walter Onnoghen announced the setting up of special courts to try corruption cases. Speaking on Monday September 18, 2017 at the commencement of 2017/2018 Legal Year and the swearing-in of 29 members of the Nigeria Bar Association (NBA) conferred with the rank of Senior Advocate of Nigeria (SAN) in Abuja, Justice Onnoghen who disclosed this major reform in Nigeria’s criminal justice system directed all heads of courts in the federation to compile and forward the list of all corruption and financial crime cases in their courts.
In order to effectively monitor and enforce the new policy, the CJN said an Anti-Corruption Cases Trial Monitoring Committee will be set up at the next meeting of the National Judicial Council [NJC]. He said the committee would among other responsibilities ensure that “both Trial and Appellant Courts handling corruption and financial crime cases key into and abide by our renewed efforts at ridding our country of the canker worm.” The CJN further directed all heads of courts to clamp down on lawyers who deploy delay tactics in criminal matters before them. He said “where such cases come on appeal to either the Court of Appeal or the Supreme Court, special dates on each week shall be fixed solely for hearing and determining such appeals.”
Onnoghen solicited the cooperation of the public in the anti-corruption war as he also advised litigants, advocates and the public to refrain from making unsubstantiated and malicious allegations against judicial officers. “We are under no illusion that the fight against corruption would be an easy one as we are already aware that when you fight corruption, corruption fights back, but we are determined to win it”, he said.
Admitting that acts of misconduct by a few have rubbed off on other judicial officers, Onnoghen warned that it would not be business as usual “for the few unscrupulous elements in our midst,” adding that “I am determined to redeem the battered image of the judiciary. Any judicial officer found wanting would be dealt with decisively and shown the way out swiftly.” He also warned members of the public to stop offering bribes to judicial officers, saying the full weight of the law would be visited on anyone caught in the act.
The creation of special courts by the CJN for speedy trial of corruption and financial crime cases is a timely intervention. We therefore commend Justice Onnoghen’s courage for coming up with such a decisive measure which seeks to accelerate hearing of corruption cases.The CJN’s step is also a demonstration of genuine will and commitment by the convicting arm of the judiciary which over the years suffered severe criticisms from prosecutors who accused the former of being a huge hindrance to disposing of financial crime cases in Nigerian courts.
Ever since the battle to defeat corruption by anti-graft agencies began, not one former governor or any highly placed public officer has been convicted by a court of law in Nigeria. Former governor of Edo State Lucky Igbinedion was “unlucky” because he entered into a plea bargain while ex-governor of Delta State James Ibori was convicted by a London court for money-laundering. Otherwise all other VIP corruption cases before Nigerian courts have been stalled since 2007.
Nonetheless, the success of these special courts depends on two critical factors. Prosecutors, in spite of the mandate of the special courts, must be thorough in their investigations before subjecting suspects to trial. Second, tackling corruption and redeeming the perceived poor image of Nigerian judges both require CJN’s practical example. We call on all stakeholders including judges, lawyers, prosecutors and the Nigerian public to support and work for the success of this strategic effort by the CJN against corruption in Nigeria.