Security agencies, lawyers, judges delay corruption cases - Lawyers

Chief-Justice-of-the-Federation-CJN-Justice-Mahmud-Mohammed

Chief Justice of the Federation, Justice Mahmud Mohammed

Chief-Justice-of-the-Federation-CJN-Justice-Mahmud-MohammedSome Abuja-based legal practitioners say all stakeholders such as anti-graft agencies, the prosecutors, private lawyers, and prison officials should be blamed in the delay of corruption and criminal cases.

They revealed in separate interviews that lack of thorough investigations by the anti-graft agencies and police was a major factor.

Messrs Jegede Oarhe and Tajudeen Adegbite,both legal practitioners, blamed the delay on all major stakeholers.

Adegbite disclosed that there were instances where the prosecutors were not ready with their evidence or witnesses on the day of hearing.

He said that the shortage of judges and overloading of cases on one judge could also cause delay, adding that lawyers were not left out as they make applications upon applications to delay trials.

Another lawyer, Mr Kasse Saidu, specifically accused Senior Advocates of Nigeria of delaying high profile cases when they knew that it would not favour their clients.

In his contribution, Mr Afam Osigwe, advised anti-graft agencies to complete investigation of cases before making arrest, noting that arresting based on mere suspicion was in bad taste.

“It is wrong for persons to be invited based on mere suspicion without the investigative agencies doing a thorough job to establish probable cause.

Osigwe said that besides the EFCC, the police was also guilty of arresting based on mere complaint without substantive evidence.

“This is the kind of thing you also see in our various police stations; people detained on mere complaint; people are invited, arrested and clamped into detention. There should be a change of attitude on the part of the investigative agencies,” he said.

Osigwe recommended adequate training for investigators, adding that the agencies must set down guiding principles by which their operatives must adhere.

Mrs Maureen Ajogo corroborated Osigwe, saying a thorough investigation of cases before arrest would make the entire judicial process less cumbersome.

Ajogo said often times, delay in cases begins with the manner of arrest and that those arrested were sometime detained while investigations were ongoing.

“That means we are not sure of the facts before we make the arrest; that is why we have delay tactics during the entire proceedings.

“Nigerians complain about these cases dragging for too long; this is because those facts that are supposed to be available from beginning are not there.

“If we must do it right, let it start from the beginning,” Ajogo said, and suggested the adoption of best practices in criminal trials.

Also, Mrs Chinyere Okon, supported that investigations before arrest would aid speedy trial of corruption cases.

“In developed countries that is how it is done, but in Nigeria, we always go for an arrest before an investigation is conducted which will delay trial and judgment.

“We need to change that if we really want speedy trials in the country,’’ Okon said.

Similarly, Mr Albert Oyewole, another lawyer, advised that government must continually fund appropriate law enforcement agencies whose tasks involves investigations.

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According to him, adequate funding will expedite the investigations.

Oyewole said that sometime, suspects exceed the period of detention because the agencies lack enough funds to carry out investigations, especially when it involves travelling to other countries.

Mr Mike Ugwuanyi, a lawyer, said the EFCC, ICPC and Police should be funded and strengthened.

Another lawyer, Mr Ahmed Yusuf, said that sensitive corruption cases required very competent lawyer or prosecutor and advised the Ministry of Justice to involve competent lawyers in its prosecutions.

But, Mr Albert Maga, a judge at Grade 1 Area Court, Mararaba, Nasarawa state, supported the arrest of suspects before investigation.

Maga said the idea of arresting before investigation was to minimise interference in investigation process.

“The ongoing arrest before investigation is ideal because it helps free and accurate discovering of evidence or proof related to the case.

“Waiting for the whole investigation to be concluded before arrest may jeopardise the case or even destabilise the whole information needed.

“Investigation before arrest can give room for conspiracy, thereby encouraging compromise among investigating officials.’’

“Fresh charges can be made while the case is still in court, not necessarily waiting for all evidence to be gathered before arrest and charging to court,” he said.

He also appealed to these agencies to facilitate prosecution as soon as possible to avoid unnecessary and prolonged detention of offenders.

“When they arrest, detain and sometime abandon persons without proper arraignment, they are not following due process.

“They should charge the person to court, even when they feel there are no enough evidence, but they can later press fresh charges if new issues unfold.”

He, however, urged Nigerians and authorities to be patient, saying “you cannot rush in and out of any case.

“There are laid down rules and procedures, especially in criminal cases as this may amount to abuse of criminal proceedings.

Also, Mr Wilson Ivara, advocated restructuring of the judiciary for a better justice delivery.

Ivara said that restructuring of the judicial system would decongest the court and would also speed up trials in courts.

“In all fairness it calls for restructuring, you cannot be talking about federalism when each state that ought to have appeals court is going to the federal court of appeals.

“If we are to restructure we have a situation where state offences will go from state’s high court to state Court of Appeal and to state Supreme Court. It will decongest the centre,’’ Ivara said.

He also advocated the conclusion of criminal trials within a period of six months.

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