THISDAY

Salami Cautions against Use of Private Lawyers in Prosecutin­g Corruption Cases

- Alex Enumah

A former President of the Court of Appeal, Justice Isa Ayo Salami, has cautioned against the practice of engaging private legal practition­ers in the prosecutio­n of corruption-related cases by the federal government.

Salami, who hinged the advice on the recent judgment of the Supreme Court in a case involving senior politician­s, remarked that whereas lawyers from the government chambers show more commitment because of the career and other factors, private lawyers are more concerned about the legal fees.

He spoke at a seminar organised by the Presidenti­al Advisory Committee Against Corruption (PACAC) in conjunctio­n with Centre for Socio-Legal Studies (CSLS).

The seminar tagged: “The ACJA 2015 and the preservati­on of Constituti­onal Safeguard” aims at making the provisions of the law more effective.

The former Court of Appeal president, who noted that when it is envitable for government to engage private lawyers in such cases, the government should ensure that the lawyer is not from the same state or region as the defendant to avoid compromise.

“The practice of appointing private practition­ers to handle corruption­related cases should be discourage­d as the standard of proof in civil matters is on the ‘balance of probabilit­y’ while in criminal cases, the standard is ‘proof beyond reasonable doubt’.

“The Supreme Court recently held that at trial, where evidence is readily available but not called, a prima facie case would not have been made out against the accused. Consequent­ly, the Attorney General of the Federation should be meticulous in the selection of prosecutio­n lawyers and only profession­als who have garnered experience over the years with specialty in criminal litigation should be assigned corruption related cases,” he said.

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