CJN’S Trial Timeline: Fear Grips Ex-governors

Some former state governors currently being prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged financial crimes have been gripped by fear. The reason: in six months, their cases will be decided.

Chief justice of Nigeria (CJN) Justice Dahiru Musdapher recently directed judges handling corruption cases to conclude trial within six months or dispose of them if the prosecution is not willing to prosecute the matter diligently.

Until the CJN’s pronouncement, most ex-governors and other errant top public servants facing corruption charges often challenged the competence of the charge against them, asking the court to quash the charge on the grounds of merit. Most of them also hired the best senior advocates of Nigeria (SANs) to employ legal technicalities to delay proceedings in their matter.

But EFCC chairman Mrs. Farida Waziri? has always insisted that the ex-governors and other high-profile accused persons? standing trial for graft should not be granted bail but should face trial with the attendant conviction without further delay.

Some of the ex-governors on trial are: Ayo Fayose (Ekiti),? Adebayo Alao-Akala ( Oyo) , Gbenga Daniel (Ogun ), Akwe Doma (Nassarawa), Mohammed Danjuma Goje (Gombe),Joshua Dariye (Plateau). Others are Chimaroke Nnamani (Enugu), Orji Uzor Kalu (Abia), James Ibori (Delta), Saminu Turaki (Jigawa ) and? Audu Abubakar (Kogi).

Fayose, who is standing trial on an 80-count charge of corruption and money laundering, has been? accused of deliberately subverting court proceedings by employing certain technicalities to delay the prosecution of his case. Fayose has also asked the court to? quash the charge? against him and his co-accused persons including Spotless Investment Ltd., Fayerio Nig. Ltd., and HOFF Concept Ltd.

In the case of? Nnamani, who is alleged to have mismanaged about N5.3 billion state funds, his case has been lingering at a Federal High Court since 2007. He is also alleged to have deployed SANs to delay the trial, even as he sought that the case be thrown out.

For? Kalu, who was alleged to have mismanaged about N35 billion state funds in? running an airline, a shipping company, and a publishing company,? his case has? been lingering in court since 2007 when he left office as two-term governor of the state.

But section 40 of the EFCC Establishment Act, 2004, also frowns at unnecessary delay of cases filed by the anti-graft agency. The section states, “Subject to the provisions of the Constitution of the Federal Republic of Nigeria,1999, an application for stay of proceedings in respect of any criminal matter brought by the commission before the High Court shall not be entertained until judgment is delivered by the High Court.

Fourteen ex-governors, two ex-ministers and 59 other accused persons are under surveillance by EFCC operatives nationwide, following the directive of the CJN.

Meanwhile, prominent lawyers Chief Mike Igbokwe, Mr. Femi Falana and Mr. Wahab Shittu have backed the directive of the CJN. The three lawyers,? who? spoke in separate interviews with our correspondents,? agreed? that the CJN’s directive was? timely and should be supported by stakeholders? in view of the embarrassing situation caused by several unresolved corruption cases in Nigeria.
Igbokwe said,? “Inasmuch as the marching order is commendable and should be supported, we must all admit that such cannot be achieved by judges in isolation.

The timelines for corruption and criminal cases to be determined in our courts have become very embarrassing to the courts, lawyers, the government and the entire public. The call by the CJN should be seen as a clarion call? to encourage them and not a directive because, if the judges are ready to hear the matter and the lawyers in this case or the witnesses are not forthcoming, there is nothing the judges can do in this instance.

“Again, if the judges are ready to hear the case while the lawyers and witnesses are ready but the PHCN put off the light and there is no generator to provide an alternative, there is nothing the judges and lawyers can do about it.
“Hence, timely disposition of criminal cases revolves around the judges, the lawyers and the governments who should ensure that our courts are equipped and supplied with constant electricity.”

For Wahab,? “The target or the deadline can be achieved if only the judges can prioritize cases before them, but both the prosecuting and defence lawyers must cooperate before the deadline can be achieved by any judge. You must realize too that corruption is becoming embarrassing to all Nigerians and, therefore, every hand must be on deck to realize the marching order.

“The CJN`s call is the best gift of the year because it is all in an attempt to arrest the delay in the resolution of criminal and corruption cases. The deadline can be realized without legislation, most importantly if judges are prepared to make sacrifices.

Falana said, “It? is a good directive just as it is a welcome development in line with the Administration of Justice Act that calls for speedy dispensation of cases as obtained in the United States, the United Kingdom and even in Ghana.

But the rich and powerful people in the country have always striven to stall their cases through various applications and interlocutory injunctions. It is hoped that the EFCC will take the advantage of the CJN directive which is in tandem with section 40 of the EFCC Act.? But the commission seems to be shying away from applying it.”?

Musdapher gave the directive to judges at a lecture organized by the Nigerian Institute of Advanced Legal Studies (NIALS) on Thursday.? He added that the whole essence was? to correct the general impression that the judiciary was? not performing its constitutional role of tackling corruption? in the country.
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