The Value and Integrity Group (VIG) has urged the Chief Justice
of Nigeria, Honourable Justice Walter Onnoghen, to reconstitute the
15-member Corruption and Financial Crime Cases Trial Monitoring
Committee (COTRIMCO).
In a petition forwarded to Justice Onnoghen and signed by the
General Secretary, Popoola Ajayi, the coalition said having
conducted background checks on members of the Committee, it founds
out that the past and current leaders of the Nigerian Bar
Association are not qualified to serve in the body on grounds of
conflict of interest.
The petition reads: “Following a publication in
the Punch newspaper on September the 28th, 2017, which revealed
that a new 15-member Corruption and Financial Crime Cases Trial
Monitoring Committee (COTRIMCO) has been established, the Value and
Integrity Group (VIG) wishes to commend your office and entire
members of the National Judicial Council for this remarkable
initiative towards a speedy dispensation of justice in the trial of
corruption and financial crimes related cases.”
“As a patriotic and committed group, we hereby pledge our
support to the National Judicial Council and the Judiciary as a
whole in achieving the noble objectives behind the establishment of
the committee.”
“My Lord, from our understanding, this committee is expected to
regularly monitor and evaluate the proceedings of the courts
designated to try corruption and other financial and economic
crimes in the country.”
VIG said after conducting background checks on members of the
Committee, it found that the past and current leaders of the
Nigerian Bar Association are not qualified to serve in the body on
grounds of conflict of interest.
“Whereas some are presently handling high profile corruption
cases involving Politically Exposed Persons (PEPs) before the
various trial courts, others are under investigation by the
Economic and Finacial Crimes Commission (EFCC).”
“My Lord, to ensure that the integrity of the committee is not
undermined on account of conflict of interest of some of the
members please find below Sir, the report of our findings on the
former and current presidents of the Nigerian Bar Association in
the committee.”
“Chief Wole Olanipekun SAN has frustrated the trial of many
corruption cases. In the civil case filed by Access Bank against
Mr. Akingbola in the United Kingdom, the English court delivered
judgment in 2012 and awarded damages of N212 billion in favor of
the bank. In opposing the registration of the judgment by the Lagos
high court Chief Olanipekun said that the Federal High Court was
the competent forum for the registration of the judgment.”
“The Lagos High Court agreed and struck out the registration.
The judgment was set aside. When the Central Bank of Nigeria took
steps to register the judgment at the Federal High Court, Chief
Olanipekun again objected and said that the Federal High Court
lacked jurisdiction to register the judgment. The objection was
upheld and the judgment was not registered.”
“Furthermore, after the dismissal of Mr. Akingbola’s criminal
case by the Federal High Court, Chief Olanipekun turned round to
argue that the Lagos High Court cannot try him because the offenses
committed by him are federal offenses as they arose from the
capital market.”
“The Court of Appeal upheld the objection but the Supreme Court
has rejected such frivolous objection in another case but
Akingbola’s case is still suspended because his appeal has not been
determined by the Supreme Court. The case of Mr. Ebong, ex-bank
Managing Director of Union Bank has also been subjected to undue
delay by Chief Olanipekun.”
It noted further that, “Chief Olanipekun has also tried but
failed to set aside the judgment of the Lagos High Court in the
case of Emmanuel Nwude who led a team of 419 kingpins to trick the
bank manager of a Brazilian bank to part with $242 million which
led to the collapse of the bank. Even though Nwude pleaded guilty
and was convicted and jailed 5 years, Chief Olanipekun recently
approached the Court of Appeal to return the ex-convict’s forfeited
assets.”
“Chief Olanipekun has successfully frustrated the trial of
Senator Adolphus Wabara who was charged with corruption by the ICPC
in 2005. The senior lawyer is currently defending the accused
persons in the cases of FRN v Tukur; FRN v Wagbasoma and FRN v
Dokpesi which are pending at the trial courts and appellate
courts.”
The group submitted that “since Chief Olanipekun is defending
such suspects and others being prosecuted by the EFCC and ICPC the
prosecution will be put in an advantaged position if he is allowed
to monitor the judges trying the cases. The judges are equally
going to be intimidated by the presence of the lawyer in their
courts for fear that he may write adverse reports on them. We also
wonder how the Chief can be asked to ensure that the judges trying
corruption cases do not delay trials which are caused by him and
fellow bar leaders?”
On Mr. J. B. Daudu SAN, VIG said, “He led the defense team for
Chief James Ibori at the Federal High Court, Asaba, Delta State.
They advised the accused to plead not guilty to the 170-count
charge. He did and the lawyers ensured that the charge was struck
out.”
“But when faced with similar charges in London, Chief Ibori’s
British lawyers advised him to plead guilty as he had no defense.
He did. He was convicted and jailed. Although the Court of Apela
has set aside the controversial discharge of Chief Ibori by the
Federal High Court the handling of the case has exposed the
Nigerian judiciary to ridicule. Mr. Daudu also frustrated the trial
of FRN v Mohammed Abacha who was charged with stealing N464
billion. The case was delayed in the court for 14 years.”
“The Federal High Court barred him from prosecuting cases for
the federal government because of the poor prosecution of the
criminal case of Mr. Erastus Akingbola. The prosecution of the
suspects in the Halliburton case which was handled by him was also
struck out for want of diligent prosecution.”
“After the criminal case of the suspects who collected bribes
from Halliburton has been struck out by the federal capital
territory high court, Mr. Daudu proceeded to collect millions of
dollars as professional fees from Halliburton in a questionable
plea bargain. For his role in the Halliburton scandal, Mr. Daudu is
currently under investigation by the Economic and Financial Crimes
Commission.”
“An online newspaper, The PremiumTimes of September the 27th,
2017 reported that Mr. Daudu had rushed to the Court of Appeal to
seek an ex-parte order to prevent the Code of Conduct Tribunal from
sitting because his client Senator Bukola Saraki did not appear at
the Tribunal.”
“The Senate President later disclosed to Nigerians that his
non-appearance at the tribunal was due to his lawyer’s advice and
that he did not intend to treat the Code of Conduct Tribunal with
contempt. This serious allegation of professional misconduct made
by his client was never challenged by Mr. Daudu.”
“Mr. Daudu is also the defense counsel in the case of FRN v
Sambo Dasuki. He has adopted all manners of delay tactics to
frustrate the trial of his client in the case. He is also currently
defending the accused person in the case of FRN v Suswan. How then
can a suspect in the Halliburton scandal and a defense counsel in
the corruption cases of Messrs Dasuki and Suswan corruption be
tasked with the duty of monitoring judges who are trying corruption
cases?”
Speaking on Mr. Olisa Agbakoba SAN, the coalition noted that,
“He applied for the bail of the notorious 419 leader, Mr. Fred
Ajudua, on medical grounds. It turned to be a ploy for the escape
of Mr. Ajudua from the trial. The suspect was released on bail but
he jumped bail and abandoned his trial. He was only rearrested
about 7 years later and was charged afresh.”
It also noted that “Mr. Okey Wali SAN is being investigated by
the EFCC for a failed contract awarded to him and his brother by
the Niger Delta Development Corporation. Both brothers are
currently on bail. The allegation being investigated is that the
contract sum of N100 million was collected even though the contract
was not executed. As a suspect who is on bail in a corruption case,
Mr. Wali SAN cannot be a member of a committee set up to monitor
judges handling corruption cases.”
On Mr. Austin Alegeh SAN, VIG said, “He assisted Mr. Daudu SAN
in the controversial trial of Chief Ibori at the federal high
court. Apart from his role in the Ibori saga which exposed the
Nigerian legal system to ridicule before the whole world Mr. Austin
Aleghe SAN is under investigation for alleged diversion of funds
belonging to the Nigerian Bar Association. The complainants are two
legal practitioners.”
It also picked out the current President of the Nigerian Bar
Association, Mr. M. B. Mahmoud SAN, saying, “he is involved in the
prosecution of the former bank executives. He is also handling the
appeal in the case of FRN V Dr. Peter Odili. The appeal which was
filed almost 10 years ago has not been pursued diligently.”
VIG said from its brief narration of the negative roles of the
above mentioned leaders of the Nigerian Bar Association in the
nation’s fight against corruption and other economic and financial
crimes, the CJN, “will agree with us that they lack the moral right
to monitor judges who are trying corruption and other economic and
financial crimes. Since the bar leaders are either prosecuting or
defending suspects in corruption cases they ought to be
disqualified on grounds of conflict of interest.”
“It is particularly incongruous that the suspects among them who
may soon be charged before the judges that they are going to
monitor.”
“In order to avoid allegations of conflict of interest we urge
Your Lordship to remove the former and current Presidents of the
Nigerian Bar Association from the 15-member Corruption and
Financial Crime Cases Trial Monitoring Committee. If our request is
granted Your Lordship may wish to replace them with retired judges
of proven integrity.”
However, if the committee is not reconstituted, Your Lordship
should not be surprised if some accused persons decide to file
applications objecting to the appearance of the monitors in cases
of corruption and other economic and financial crimes to prevent
them from intimidating and influencing the trial judges,” VIG
said.
The Value and Integrity Group (VIG) has urged the Chief Justice
of Nigeria, Honourable Justice Walter Onnoghen, to reconstitute the
15-member Corruption and Financial Crime Cases Trial Monitoring
Committee (COTRIMCO).
In a petition forwarded to Justice Onnoghen and signed by the
General Secretary, Popoola Ajayi, the coalition said having
conducted background checks on members of the Committee, it founds
out that the past and current leaders of the Nigerian Bar
Association are not qualified to serve in the body on grounds of
conflict of interest.
The petition reads: “Following a publication in
the Punch newspaper on September the 28th, 2017, which revealed
that a new 15-member Corruption and Financial Crime Cases Trial
Monitoring Committee (COTRIMCO) has been established, the Value and
Integrity Group (VIG) wishes to commend your office and entire
members of the National Judicial Council for this remarkable
initiative towards a speedy dispensation of justice in the trial of
corruption and financial crimes related cases.”
“As a patriotic and committed group, we hereby pledge our
support to the National Judicial Council and the Judiciary as a
whole in achieving the noble objectives behind the establishment of
the committee.”
“My Lord, from our understanding, this committee is expected to
regularly monitor and evaluate the proceedings of the courts
designated to try corruption and other financial and economic
crimes in the country.”
VIG said after conducting background checks on members of the
Committee, it found that the past and current leaders of the
Nigerian Bar Association are not qualified to serve in the body on
grounds of conflict of interest.
“Whereas some are presently handling high profile corruption
cases involving Politically Exposed Persons (PEPs) before the
various trial courts, others are under investigation by the
Economic and Finacial Crimes Commission (EFCC).”
“My Lord, to ensure that the integrity of the committee is not
undermined on account of conflict of interest of some of the
members please find below Sir, the report of our findings on the
former and current presidents of the Nigerian Bar Association in
the committee.”
“Chief Wole Olanipekun SAN has frustrated the trial of many
corruption cases. In the civil case filed by Access Bank against
Mr. Akingbola in the United Kingdom, the English court delivered
judgment in 2012 and awarded damages of N212 billion in favor of
the bank. In opposing the registration of the judgment by the Lagos
high court Chief Olanipekun said that the Federal High Court was
the competent forum for the registration of the judgment.”
“The Lagos High Court agreed and struck out the registration.
The judgment was set aside. When the Central Bank of Nigeria took
steps to register the judgment at the Federal High Court, Chief
Olanipekun again objected and said that the Federal High Court
lacked jurisdiction to register the judgment. The objection was
upheld and the judgment was not registered.”
“Furthermore, after the dismissal of Mr. Akingbola’s criminal
case by the Federal High Court, Chief Olanipekun turned round to
argue that the Lagos High Court cannot try him because the offenses
committed by him are federal offenses as they arose from the
capital market.”
“The Court of Appeal upheld the objection but the Supreme Court
has rejected such frivolous objection in another case but
Akingbola’s case is still suspended because his appeal has not been
determined by the Supreme Court. The case of Mr. Ebong, ex-bank
Managing Director of Union Bank has also been subjected to undue
delay by Chief Olanipekun.”
It noted further that, “Chief Olanipekun has also tried but
failed to set aside the judgment of the Lagos High Court in the
case of Emmanuel Nwude who led a team of 419 kingpins to trick the
bank manager of a Brazilian bank to part with $242 million which
led to the collapse of the bank. Even though Nwude pleaded guilty
and was convicted and jailed 5 years, Chief Olanipekun recently
approached the Court of Appeal to return the ex-convict’s forfeited
assets.”
“Chief Olanipekun has successfully frustrated the trial of
Senator Adolphus Wabara who was charged with corruption by the ICPC
in 2005. The senior lawyer is currently defending the accused
persons in the cases of FRN v Tukur; FRN v Wagbasoma and FRN v
Dokpesi which are pending at the trial courts and appellate
courts.”
The group submitted that “since Chief Olanipekun is defending
such suspects and others being prosecuted by the EFCC and ICPC the
prosecution will be put in an advantaged position if he is allowed
to monitor the judges trying the cases. The judges are equally
going to be intimidated by the presence of the lawyer in their
courts for fear that he may write adverse reports on them. We also
wonder how the Chief can be asked to ensure that the judges trying
corruption cases do not delay trials which are caused by him and
fellow bar leaders?”
On Mr. J. B. Daudu SAN, VIG said, “He led the defense team for
Chief James Ibori at the Federal High Court, Asaba, Delta State.
They advised the accused to plead not guilty to the 170-count
charge. He did and the lawyers ensured that the charge was struck
out.”
“But when faced with similar charges in London, Chief Ibori’s
British lawyers advised him to plead guilty as he had no defense.
He did. He was convicted and jailed. Although the Court of Apela
has set aside the controversial discharge of Chief Ibori by the
Federal High Court the handling of the case has exposed the
Nigerian judiciary to ridicule. Mr. Daudu also frustrated the trial
of FRN v Mohammed Abacha who was charged with stealing N464
billion. The case was delayed in the court for 14 years.”
“The Federal High Court barred him from prosecuting cases for
the federal government because of the poor prosecution of the
criminal case of Mr. Erastus Akingbola. The prosecution of the
suspects in the Halliburton case which was handled by him was also
struck out for want of diligent prosecution.”
“After the criminal case of the suspects who collected bribes
from Halliburton has been struck out by the federal capital
territory high court, Mr. Daudu proceeded to collect millions of
dollars as professional fees from Halliburton in a questionable
plea bargain. For his role in the Halliburton scandal, Mr. Daudu is
currently under investigation by the Economic and Financial Crimes
Commission.”
“An online newspaper, The PremiumTimes of September the 27th,
2017 reported that Mr. Daudu had rushed to the Court of Appeal to
seek an ex-parte order to prevent the Code of Conduct Tribunal from
sitting because his client Senator Bukola Saraki did not appear at
the Tribunal.”
“The Senate President later disclosed to Nigerians that his
non-appearance at the tribunal was due to his lawyer’s advice and
that he did not intend to treat the Code of Conduct Tribunal with
contempt. This serious allegation of professional misconduct made
by his client was never challenged by Mr. Daudu.”
“Mr. Daudu is also the defense counsel in the case of FRN v
Sambo Dasuki. He has adopted all manners of delay tactics to
frustrate the trial of his client in the case. He is also currently
defending the accused person in the case of FRN v Suswan. How then
can a suspect in the Halliburton scandal and a defense counsel in
the corruption cases of Messrs Dasuki and Suswan corruption be
tasked with the duty of monitoring judges who are trying corruption
cases?”
Speaking on Mr. Olisa Agbakoba SAN, the coalition noted that,
“He applied for the bail of the notorious 419 leader, Mr. Fred
Ajudua, on medical grounds. It turned to be a ploy for the escape
of Mr. Ajudua from the trial. The suspect was released on bail but
he jumped bail and abandoned his trial. He was only rearrested
about 7 years later and was charged afresh.”
It also noted that “Mr. Okey Wali SAN is being investigated by
the EFCC for a failed contract awarded to him and his brother by
the Niger Delta Development Corporation. Both brothers are
currently on bail. The allegation being investigated is that the
contract sum of N100 million was collected even though the contract
was not executed. As a suspect who is on bail in a corruption case,
Mr. Wali SAN cannot be a member of a committee set up to monitor
judges handling corruption cases.”
On Mr. Austin Alegeh SAN, VIG said, “He assisted Mr. Daudu SAN
in the controversial trial of Chief Ibori at the federal high
court. Apart from his role in the Ibori saga which exposed the
Nigerian legal system to ridicule before the whole world Mr. Austin
Aleghe SAN is under investigation for alleged diversion of funds
belonging to the Nigerian Bar Association. The complainants are two
legal practitioners.”
It also picked out the current President of the Nigerian Bar
Association, Mr. M. B. Mahmoud SAN, saying, “he is involved in the
prosecution of the former bank executives. He is also handling the
appeal in the case of FRN V Dr. Peter Odili. The appeal which was
filed almost 10 years ago has not been pursued diligently.”
VIG said from its brief narration of the negative roles of the
above mentioned leaders of the Nigerian Bar Association in the
nation’s fight against corruption and other economic and financial
crimes, the CJN, “will agree with us that they lack the moral right
to monitor judges who are trying corruption and other economic and
financial crimes. Since the bar leaders are either prosecuting or
defending suspects in corruption cases they ought to be
disqualified on grounds of conflict of interest.”
“It is particularly incongruous that the suspects among them who
may soon be charged before the judges that they are going to
monitor.”
“In order to avoid allegations of conflict of interest we urge
Your Lordship to remove the former and current Presidents of the
Nigerian Bar Association from the 15-member Corruption and
Financial Crime Cases Trial Monitoring Committee. If our request is
granted Your Lordship may wish to replace them with retired judges
of proven integrity.”
However, if the committee is not reconstituted, Your Lordship
should not be surprised if some accused persons decide to file
applications objecting to the appearance of the monitors in cases
of corruption and other economic and financial crimes to prevent
them from intimidating and influencing the trial judges,” VIG
said.
Read more https://www.nairalaw.com/group-asks-onnoghen-to-reconstitute-corruption-trial-monitoring-committee/