The Chairman Presidential Advisory Committee Against Corruption Professor Itse Sagay, SAN has advocated stiff punishment for Senior Advocates, who deliberately obstruct and frustrate proceedings in high-profile corruption cases.
Sagay said such punishment for SANs must include denial of right of appearance in such high profile and grand corruption cases.
Sagay said this on Wednesday at Socio-Economic Rights and Accountability Project (SERAP)’s media roundtable urged prosecuting counsels in grand corruption cases to apply to reinstate any case struck out for want of prosecution.
According to Sagay, prosecuting authorities must insist on full application of Sections 306 and 396 of the Administration of Criminal Justice Act, which stipulates no stay of proceedings under any circumstances.
Sagay also recommended that, a High Court Judge who is elevated while presiding over a criminal case, should be allowed to conclude the case without any effect on his new status.
“The Head of various Courts, namely Chief Justice of Nigeria; President, Court of Appeal; Chief Judge of the Federal High Court; and Chief Judges of State High Courts, should be sensitized about the very critical nature of the fight against high-level official corruption to Nigeria’s development.”
“Pending the establishment of a Special Crimes Court, Criminal Divisions should be created in the Federal and State High Courts. Specially vetted and selected Judges, known for integrity and self-discipline should be posted to man such Courts,” Sagay said.
“It is very important to deploy the Administration of Criminal Justice Monitoring Committee and Civil Society Groups to monitor all high profile corruption cases on a day to day basis to ensure that corruption cases are heard speedily and in full compliance with Sections 306 and 396 of the ACJA,” he said.
Sagay stated further, that all suspected proceeds of crime should be placed under temporary forfeiture during the trial of a high-profile person.
He added that prosecuting authorities should resort to Non-Conviction Based Asset forfeiture, where proof beyond reasonable doubt is difficult to achieve because of technicalities.
“Prosecuting authorities should also consider resorting frequently to the Plea Bargaining Provisions of ACJA in order to save time and state resources,” he added.
The Guest Speaker Professor Yemi Akinseye-George (SAN) lamented that the prosecuting agencies on corruption matters have not carried out their duty with much conviction.
He noted that there are several high profile corruption cases that are stuck and unresolved with no acquittal and conviction.
“We are not prosecuting necessarily to convict but only doing it in order for justice to be seen to have been done.”
He noted lack of proper records as part of the factors responsible for unresolved high profile cases.
He urged civil societies to work with SERAP to provide a reliable data base to fight corruption, adding that most cases would remain unresolved and that prosecuting agencies would not convincingly complete such cases except there is a reliable data base.
He urged the National Judicial Council (NJC) to be proactive in tackling corruption.
“Judiciary must purge themselves of corruption so that they can avoid executive interference.”
“We also need to leverage on e- recording of proceedings and put an end to writing in long hand by judges,” he noted.
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