Why we are furious with judges, lawyers – Sagay Committee

The Presidential Advisory Committee Against Corruption (PACAC)
Monday said it was not at war with the judiciary, but was “furious”
with some judges and lawyers who allegedly sabotage the judicial
process.

A member of the committee, Prof Femi Odekunle, said PACAC was
not against the judiciary.

He spoke in Abuja at the opening of a four-day Capacity Building
Workshop for Judges, Magistrates, Area Court Judges and Registrars,
organised by PACAC in collaboration with the High Court of the
Federal Capital Territory (FCT).

Chief Judge of the FCT High Court, Justice Ishaq Bello, said
criminal cases in which much progress have not been made would be
struck out.

A justice of the Court of Appeal, Helen Ogunwumiju, who gave the
keynote address, urged judges to take firm control of their courts
so the judiciary does not become the weakest link in law
enforcement.

The workshop is on The Application of the Practice Directions on
the Implementation of the Administration of Criminal Justice Act
2015.

Prof Odekunle, who chaired the event, said: “Contrary to the
perception in certain quarters, PACAC is not against the judiciary,
the legal profession or any set of judges or lawyers.

“Yes, PACAC is furious against a few judges, and a few lawyers
who are sabotaging the anti-corruption fight, because the few not
only frustrate the fight, they also damage the diligent and honest
work of the so many good and hardworking judges of our
judiciary.”

Prof Odekunle said judges alone are not to blame for the delay
of cases.

“For instance, judges cannot be blamed for the archaic
rules/regulations that literally ‘tie’ the hands of judges and give
room for the God-forsaken shenanigans of defence lawyers;
incompetent prosecutors further disabled by under-funding,
under-staffing or inadequate logistics; and investigators who by
default (and sometime by design) ignore to properly ‘service’ the
ingredients to prove and offence,” he said.

Justice Bello said a committee to be known as De-clogging Panel,
would be set up after the workshop with a mandate to identify
dormant criminal cases to be struck out.

He said he sent out circulars to all the prosecuting agencies
six months ago asking them to compile a list of cases that they
could no longer prosecute so they could be struck out.

None of the security agencies responded, he said.

“As soon as we’re able to set up this panel, we’re going to
strike out these cases. Judicial tolerance is being
overstretched.

“Because we keep bending backwards on the ground that these are
cases of armed robbery, murder, the investigating authorities tend
to over-capitalise on that and keep seeking adjournments without
completing investigations.

“Cases tend to stay in court unattended. By the time we have
this panel, I assure you, we’re going to throw out these cases,
whether they’re armed robbery or murder cases.

“If they choose to re-arrest, we’ll give them time-line to
complete the prosecution, because we must rescue the integrity of
the judiciary and the justice system. This we want to do,” he
said.

Justice Bello urged judges to exercise caution in extending
remand orders.

He said such detention orders were being granted as a matter of
course, with suspects sometimes being unduly detained.

“I think we (judges) should be more proactive, particularly when
there is a second remand request.

“We must be able to find reasons; legitimate grounds as to why
the extension of the remand order earlier granted should be made.
This will check the excesses of the remanding authority. This we
should know should not be a matter of course. We must be able to
ascertain why.

“In the first instance, we may allow it to go, but when you want
to keep the detained persons, you must give us reasons why there
should be an extension of the remand order. The idea is to ensure
expeditious completion of investigation and reduce delay of trial,”
he said.

Justice Ogunwumiju urged judges to be firm and in control of
their courts and not let lawyers dictate proceedings.

“We must take back control of our courts. We are dominus litis
(master of a suit) in our courtroom. I have never been able to
understand how any court would allow counsel representing a client
get the opportunity to dictate the tune in the courtroom.

“The law has given the judge the power to dictate the tune for
lawyers and litigants to dance to. The judiciary cannot afford to
allow itself to become the weakest link in the enforcement of our
laws because the wheels of justice grind so slowly.

“It is my ardent hope that all chief judges will follow this
laudable example and enact similar Practice Directions in their
various jurisdictions,” Justice Ogunwumiju said.

The Presidential Advisory Committee Against Corruption (PACAC)
Monday said it was not at war with the judiciary, but was “furious”
with some judges and lawyers who allegedly sabotage the judicial
process.

A member of the committee, Prof Femi Odekunle, said PACAC was
not against the judiciary.

He spoke in Abuja at the opening of a four-day Capacity Building
Workshop for Judges, Magistrates, Area Court Judges and Registrars,
organised by PACAC in collaboration with the High Court of the
Federal Capital Territory (FCT).

Chief Judge of the FCT High Court, Justice Ishaq Bello, said
criminal cases in which much progress have not been made would be
struck out.

A justice of the Court of Appeal, Helen Ogunwumiju, who gave the
keynote address, urged judges to take firm control of their courts
so the judiciary does not become the weakest link in law
enforcement.

The workshop is on The Application of the Practice Directions on
the Implementation of the Administration of Criminal Justice Act
2015.

Prof Odekunle, who chaired the event, said: “Contrary to the
perception in certain quarters, PACAC is not against the judiciary,
the legal profession or any set of judges or lawyers.

“Yes, PACAC is furious against a few judges, and a few lawyers
who are sabotaging the anti-corruption fight, because the few not
only frustrate the fight, they also damage the diligent and honest
work of the so many good and hardworking judges of our
judiciary.”

Prof Odekunle said judges alone are not to blame for the delay
of cases.

“For instance, judges cannot be blamed for the archaic
rules/regulations that literally ‘tie’ the hands of judges and give
room for the God-forsaken shenanigans of defence lawyers;
incompetent prosecutors further disabled by under-funding,
under-staffing or inadequate logistics; and investigators who by
default (and sometime by design) ignore to properly ‘service’ the
ingredients to prove and offence,” he said.

Justice Bello said a committee to be known as De-clogging Panel,
would be set up after the workshop with a mandate to identify
dormant criminal cases to be struck out.

He said he sent out circulars to all the prosecuting agencies
six months ago asking them to compile a list of cases that they
could no longer prosecute so they could be struck out.

None of the security agencies responded, he said.

“As soon as we’re able to set up this panel, we’re going to
strike out these cases. Judicial tolerance is being
overstretched.

“Because we keep bending backwards on the ground that these are
cases of armed robbery, murder, the investigating authorities tend
to over-capitalise on that and keep seeking adjournments without
completing investigations.

“Cases tend to stay in court unattended. By the time we have
this panel, I assure you, we’re going to throw out these cases,
whether they’re armed robbery or murder cases.

“If they choose to re-arrest, we’ll give them time-line to
complete the prosecution, because we must rescue the integrity of
the judiciary and the justice system. This we want to do,” he
said.

Justice Bello urged judges to exercise caution in extending
remand orders.

He said such detention orders were being granted as a matter of
course, with suspects sometimes being unduly detained.

“I think we (judges) should be more proactive, particularly when
there is a second remand request.

“We must be able to find reasons; legitimate grounds as to why
the extension of the remand order earlier granted should be made.
This will check the excesses of the remanding authority. This we
should know should not be a matter of course. We must be able to
ascertain why.

“In the first instance, we may allow it to go, but when you want
to keep the detained persons, you must give us reasons why there
should be an extension of the remand order. The idea is to ensure
expeditious completion of investigation and reduce delay of trial,”
he said.

Justice Ogunwumiju urged judges to be firm and in control of
their courts and not let lawyers dictate proceedings.

“We must take back control of our courts. We are dominus litis
(master of a suit) in our courtroom. I have never been able to
understand how any court would allow counsel representing a client
get the opportunity to dictate the tune in the courtroom.

“The law has given the judge the power to dictate the tune for
lawyers and litigants to dance to. The judiciary cannot afford to
allow itself to become the weakest link in the enforcement of our
laws because the wheels of justice grind so slowly.

“It is my ardent hope that all chief judges will follow this
laudable example and enact similar Practice Directions in their
various jurisdictions,” Justice Ogunwumiju said.