Magu to lawyers, judiciary: stop frustrating cases

Economic and Financial Crimes Commission (EFCC) Acting
Chairman Ibrahim Magu has criticised some lawyers “who specialise
in frustrating cases”.

He said the judiciary also contributes to delays through
frequent transfer of judges who are forced to abandon cases.

Magu accused lawyers of filing frivolous applications to stall
cases and intimidating judges with “groundless petitions”.

To the EFCC chair, such factors have made the prosecution of
suspects “extremely challenging”.

Magu spoke at the Fifth Criminal Justice Reform Conference in
Asaba, the Delta State capital.

It was organised by the Nigerian Bar Association (NBA) Criminal
Justice Reform Committee chaired by Chief Arthur Obi Okafor
(SAN).

Magu, represented by EFCC’s Head of Legal, Gbolahan Latona,
said: “It is extremely challenging in Nigeria today to prosecute
defendants, particularly in corruption, economic and financial
crimes.

“Some defence counsel pride themselves in their ability to stall
prosecution of cases by endless and sometimes frivolous
interlocutory applications and appeals; blackmailing and
intimidating judges who do not yield to their gimmicks with
groundless petitions; and encouraging their defendant clients to
malinger etc.

“To those lawyers, what makes a good lawyer is his ability to
use every means available to prevent or frustrate the trial, weary
the anti-corruption agencies and their witnesses so that the case
would not be determined on its merits but rather on
technicality.”

According to Magu, other challenges faced by EFCC in prosecuting
corruption, economic and financial crimes include high cost of
investigation and prosecution, constitutional constraints,
jurisdictional, procedural and evidential issues; international
co-operation issues, socio-cultural challenges and delay in the
judicial process.

“Undue delay in the judicial process has been identified as one
of the most daunting challenges in the prosecution of corruption,
economic and financial crimes in particular and others in general.
It has become an albatross of the entire criminal justice system of
Nigeria.

“However, the Administration of Criminal Justice Act now has
provisions that attempts to curb some of these excesses,” he
said.

In Magu’s view, delays are aggravated by the congestion of
cases, slow pace of proceedings occasioned by insufficient number
of judges, the manual recording system and frequent transfer of
Federal High Court judges.

He said: “A transfer of a Federal High Court judge poses a great
challenge in the prosecution of corruption related crimes. Although
fiats can be granted to judges for the conclusion of part-heard
cases, it may be burdensome for the concerned judges, given the
heavy caseloads in their new divisions.

“Some of them who showed strong determination to conclude such
cases sometimes become wearied or discouraged by the negative
attitude of counsel, particularly the defence.

“Several cases have been started de novo or afresh because of
the transfer, retirement or elevation of the presiding judges. This
entails bringing the witnesses to court afresh for their
testimonies with the attendant challenges in terms of their
availability, willingness; and incidental financial costs.

“This above scenario necessitated major players in the criminal
justice sector to question the effectiveness of extant provisions
such as Section 19 (3) of the EFCC Act aimed at expediting criminal
trials.”

“Calls were therefore made for a paradigm shift which included
the enactment of new procedural rules and creation of special
courts to try corruption related offences,” the EFCC chair
said.

Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN)
regretted that Nigeria still labours under ineffective
administration of justice, with recent events putting undue stress
on the system.

“In the Northeaast, the justice system is for the most part near
collapse; in many other parts, there is a steep decline to near
anarchy. In Zamfara State, for instance, the killings and absence
of law and order has become worrisome.

“In many states across the North Central, Benue, Taraba, Plateau
Kogi, the strife and killings have put huge stress on the justice
sector.

“In other states in many parts of the country, including
Southeast and the Delta region, kidnappings, robberies and various
forms of criminality are becoming more and more common
occurrence.

“All these underscore the continuing urgency for reforms for a
more effective administration of criminal justice. We should be
prepared for even more radical reforms to address these
challenges,” Mahmoud said.

Economic and Financial Crimes Commission (EFCC) Acting
Chairman Ibrahim Magu has criticised some lawyers “who specialise
in frustrating cases”.

He said the judiciary also contributes to delays through
frequent transfer of judges who are forced to abandon cases.

Magu accused lawyers of filing frivolous applications to stall
cases and intimidating judges with “groundless petitions”.

To the EFCC chair, such factors have made the prosecution of
suspects “extremely challenging”.

Magu spoke at the Fifth Criminal Justice Reform Conference in
Asaba, the Delta State capital.

It was organised by the Nigerian Bar Association (NBA) Criminal
Justice Reform Committee chaired by Chief Arthur Obi Okafor
(SAN).

Magu, represented by EFCC’s Head of Legal, Gbolahan Latona,
said: “It is extremely challenging in Nigeria today to prosecute
defendants, particularly in corruption, economic and financial
crimes.

“Some defence counsel pride themselves in their ability to stall
prosecution of cases by endless and sometimes frivolous
interlocutory applications and appeals; blackmailing and
intimidating judges who do not yield to their gimmicks with
groundless petitions; and encouraging their defendant clients to
malinger etc.

“To those lawyers, what makes a good lawyer is his ability to
use every means available to prevent or frustrate the trial, weary
the anti-corruption agencies and their witnesses so that the case
would not be determined on its merits but rather on
technicality.”

According to Magu, other challenges faced by EFCC in prosecuting
corruption, economic and financial crimes include high cost of
investigation and prosecution, constitutional constraints,
jurisdictional, procedural and evidential issues; international
co-operation issues, socio-cultural challenges and delay in the
judicial process.

“Undue delay in the judicial process has been identified as one
of the most daunting challenges in the prosecution of corruption,
economic and financial crimes in particular and others in general.
It has become an albatross of the entire criminal justice system of
Nigeria.

“However, the Administration of Criminal Justice Act now has
provisions that attempts to curb some of these excesses,” he
said.

In Magu’s view, delays are aggravated by the congestion of
cases, slow pace of proceedings occasioned by insufficient number
of judges, the manual recording system and frequent transfer of
Federal High Court judges.

He said: “A transfer of a Federal High Court judge poses a great
challenge in the prosecution of corruption related crimes. Although
fiats can be granted to judges for the conclusion of part-heard
cases, it may be burdensome for the concerned judges, given the
heavy caseloads in their new divisions.

“Some of them who showed strong determination to conclude such
cases sometimes become wearied or discouraged by the negative
attitude of counsel, particularly the defence.

“Several cases have been started de novo or afresh because of
the transfer, retirement or elevation of the presiding judges. This
entails bringing the witnesses to court afresh for their
testimonies with the attendant challenges in terms of their
availability, willingness; and incidental financial costs.

“This above scenario necessitated major players in the criminal
justice sector to question the effectiveness of extant provisions
such as Section 19 (3) of the EFCC Act aimed at expediting criminal
trials.”

“Calls were therefore made for a paradigm shift which included
the enactment of new procedural rules and creation of special
courts to try corruption related offences,” the EFCC chair
said.

Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN)
regretted that Nigeria still labours under ineffective
administration of justice, with recent events putting undue stress
on the system.

“In the Northeaast, the justice system is for the most part near
collapse; in many other parts, there is a steep decline to near
anarchy. In Zamfara State, for instance, the killings and absence
of law and order has become worrisome.

“In many states across the North Central, Benue, Taraba, Plateau
Kogi, the strife and killings have put huge stress on the justice
sector.

“In other states in many parts of the country, including
Southeast and the Delta region, kidnappings, robberies and various
forms of criminality are becoming more and more common
occurrence.

“All these underscore the continuing urgency for reforms for a
more effective administration of criminal justice. We should be
prepared for even more radical reforms to address these
challenges,” Mahmoud said.