The damaging effects of increasing cases of corruption in the country has really become a source of worry to the Nigerian government. The government, has therefore, embarked on some measures, which it says, are aimed at strengthening the fight against this menace.For instance, recently, the Presidency changed the leadership of the Economic and Financial Crime Commission (EFCC) as part of these strengthening efforts. To support these efforts, the head of the country's judicial arm of government, Justice Dahiru Mudastapher, has announced plan to establish special courts for corruption cases. But some stake-holders in the sector do not share this position with Chief Justice, Dahiru Musdapher. One of them is Mr. Banji Alabi, one of the country's senior lawyers, who in this interview withABIODUN FANORO, says what is needed to fight corruption is not special court but special people.Excerpts:ONE of the problems impeding the fight against corruption is the delay in trying corruption cases.As a way out, the new Chief Justice of Nigeria has now announced plan to establish special courts for corruption casesto ensure speedy trials.Isn't this a step in the right direction'On this matter, I am yet to be convinced that setting up special courts is the solution to snail-speed trial of corruption casesinNigeria. We must all admit that everything that works well in other places, as soon as they are brought to Nigeria, become something else. For instance, the computer works well in other countries, but in Nigeria, it has become something else. It is today known as a tool for crime than the good services it is supposed to render. When the Federal Government was having problem with its revenues in the 1970s, it created the Revenue Court, which has now become the Federal High Court. This stemmed from the belief by the Federal Government then, that when it had cases with the states, if the matter was heard at any state High Court, it would not get justice, in his own opinion. So my point really is that you can create special courts for corruption, but the personnel to be used, are they not still going to be drawn from the systems'Is it not the same crop of lawyers or litigants that would be involved, in my mind the problem is not about special or general courts, but the system and the personnel.Again, the question is not whether special courts will do, but whether we can get special people who would key into the idea of a special court. For instance, let's look at what the Independent National Electoral Commission (INEC) used to be. The whole place was what everybody agreed was a bundle of confusion, inept, corruption etc, before the coming of Professor Attahiru Jega. But somehow, a special person in Professor Jega was found for the place. When I say special, I don't mean Jega is a saint or that there are still no problem there, but his coming and his personality has brought a remarkable change to the place. He didn't come with anything special. He had the will.In which direction do you advise the CJN to look in order to get these special people'I expect the CJN not look in the direction of creating new courts, but to look in the direction of how judges are appointed, how judges are discipline and all that. A situation where a judge sits if he likes, when he likes and how he likes does not auger well for the judiciary. A situation where a judge who by every standard is a civil servant, now begins to live 200 to 300 percent above his income, is not healthy for the system. Such indicators could never help speedy trial of corruption cases. I am particularly saddened by the fact that most highly- placed public officers with responsibility to effect changes, only begin to see what is wrong with the system and the need for a change, only when they are out of office. In other climes, people point out where there are lapses and the need to address them. Where they are not addressed, they would resign.This is a country where judges are appointed almost secretly.Recently, the authorities added a line that they had to contact the Nigerian Bar Association (NBA), within the jurisdiction where a judge is to be appointed to make inputs, before a judge is appointed. In the past we have seen that several times before our inputs get to the respective authorities, the fellow has been appointed.It would appear that CJN has recognized this, that was why in the terms of reference he gave the Justice Muhammed Uwais' Reform Panel, was the issue of mode of appointment of judges'Until we begin to take serious interest in who is appointed as a judge, it does not matter what court is created, which name you give it, we are not going to make any difference. Appointment of a judge should go beyond picking him or her from the civil service, from the private practices as an appreciation for what his father, or mother did or as an appreciation for what the appointee did. If a judge is to be appointed, there is nothing wrong in advertising it in the newspaper, asking any member of the public who feels such a person is not fit, to come forward to say and give reasons.Do you support the call that appointment of judges should be thrown open through advertisement in the newspaper for interested candidates to apply'That is my position. If you go into the list of who and who became judges in some states, you will notice that they are children of who is who. They are children of some prominent people in the state. Hardly do children of ordinary people in the society are appointed as judges.The CJN says these special courts will be located in Lagos and Abuja. What is your take on this'Is he saying it is only in Abuja and Lagos that you have corruption cases'Again, one of the problems militating against the functioning of our institutions, is this centralisation of everything. Would it not make the fight against corruption much more effective if you have operational offices of the EFCC in each local government council in Nigeria' Why can't this happen as you have police station or post in every towns and villages all over the country' Doing this would help spread very wide the anticorruption dragnet.The CJN also stated that corruption cases must be disposed off not later than two years when it originated'You see, it is easier and said than done. It is very easy to set that kind of deadline. We may need to remind ourselves that the deadline set for the trial of election petitions, how effective has it been. The election petition trial deadline, has foisted on many people, helplessness, it has foisted on many people, frustration. The 180 days set by the Electoral Act for the trial of election petition is being exploited by politician who in connivance with their counsels would dilly-dally, until the entire 180 days is gone with no substantial thing done. What we are creating is confusion; we are not helping the development of the law, because people who due to this could not get justice may resort to self-help. Certainly, this is not good for the system.The CJN says he will strengthen these courts by bringing in more judges. How will this happen'I think the question we should ask the CJN is whether he wants to bring some special judges who are specially and specifically recruited for these special courts or he wants to draw from the existing pool of judges from states high courts and the Federal High Courts. If he is to draw from the existing pool, then we should remind him of how this practice where judges are drawn from the High Courts to sit on election tribunals, the effect has seriously paralysed their normal duties at the High Courts. It has led to the depletion of the pool, delay in the trial of cases before these judges and frustration of counsels and clients.Generally speaking, why has it been very difficult to combat corruption, especially by the various agencies established by law to do so'In my own opinion, the short answer is that as a country, particularly at the level of political leadership, we don't have the will to fight corruption. Corruption in Nigeria, is being treated like the Sun, that is believed to be so high up there. All of us are complaining about it, but no one is able to go up there to engage it. I am of the opinion that we need an arrow-head, somebody who is not a product of the system, somebody who is personally angry about what is happening. Somebody is furious about the adverse effects corruption has on the well-being of the people, on the dignity of the people, on the image of the country and that is determine to give if the deadly fight. It is a case of getting somebody who is ready to step on any toe, no mater how powerful, somebody who would not give ethnic coloration to corruption or who would not be bothered by attempt by agents of indicted persons to ethnicise his or her anti-corruption actions.The job needs somebody who would want to stake his or her neck only to leave his or her feet on the sand of history. I am sad to say that apart from Mallam Nuhu Ribadu who painted the picture of somebody who really was angry with what was happening, no other person in my mind, has ever come out as an angry person, who was determined to give it a hard fight. Let me also say that it is not strong enough to call these evil-doers corrupt persons, because that word does not really paint the gravity of what they have done. But if a child would tune to the T.V. set and hear in the news that his father, sister, uncle etc whose picture is shown on the set is a thief, then the full weight of what corruption is, would have dawned on everybody.Earlier on, you said we didn't have the will generally. Is this to suggest that the constitutional or the legal will or instrument is not there'The problem is not about the availability of legal instruments or not, it is just about the fact that in Nigeria, every good effort put in place has been bastardized, and rendered impotent, and made in-effective.If you continue to say that the problem is as a result of the fact that those appointed to lead the campaign, are products of the Nigerian system, should we then go to other countries to import people'The reason why I say this is that for example, the president wants to pick a head for say the Economic and Financial Crime Commission (EFCC), he goes to the same Police that within and outside Nigeria is known to rank highest in corrupt practices to pick either a serving or a retired officer. Then what do you expect' Remember that tahe officer he is picking has enjoyed all the benefits in the Force he has been part and parcel of all the evils that have bedeviled the Force, he has created all kinds of affiliations and alliances whose impacts are to weaken the system generally, including alliances with those he is supposed to fight. It is a well-known fact that under these circumstances, the works of the agency have already been compromised. If the president is sincere that he wants the anti-corruption agency to perform effectively, what he should do is to pick someone who has not benefited from the system in any form. Taking this to electoral matters, the same judge who has been rightly accused of collecting money to issue all kinds of injunctions, whether Ex-parte or Stay of Execution, you picked him and made him the Chairman of election petition tribunal, certainly you can't expect him to change. What you have only done is that you have changed his position or status, his corrupt tendencies remained. With that you have given him enlarged opportunity to pollute the systemWhat of plan by government to appoint the leadership of the EFCC from the pool of retired judges. Is this not a step in the right direction'My position is that plans by government to begin to appoint the leadership of the EFCC would change nothing in as much as the same judge when he was in service was appointed by the same government. You are appointing someone who has at different occasions attended functions sponsored by the same people you want him to try.Don't you think somebody with judicial background can bring efficiency into the fight against corruption'We should avoid being fixated by big titles, let's now begin to look for substance.
Click here to read full news..
