Anti-graft War: Buhari in Dilemma over Judges

Muhammadu Buhari

Tobi Soniyi in Abuja 

President Muhammadu Buhari is in a dilemma over how to ensure the judiciary does not frustrate his plans to stem corruption in the country, THISDAY has learnt.

Investigations revealed that the president is trying to figure out how the judiciary can be  reformed to execute his agenda on the prosecution of corruption cases.

The president’s fears are not without basis. Many corruption cases filed by anti-corruption agencies have been pending at the courts several years after they were filed. The judiciary is often blamed for the delay.

If past experiences are anything to go by, the president’s plan to embark on the mass prosecution of corruption cases may end up dead on arrival.

The president fears that the judiciary, as presently constituted, is an impediment to the fight against corruption.
However, the president is relying on Vice-President Yemi Osinbajo to come up with a solution.

In this wise, a select group comprising Justice Olubunmi Oyewole of the Court of Appeal, the Deputy Chief of Staff to the Vice-President, Mr. Rahman Adeola Ipaye, two lawyers based in Lagos — Messrs Femi Falana (SAN) and Tunde Irukera — managing partner of Osinbajo’s law firm SimmonsCooper Partners, Professor Bolaji Owasanoye, and Mrs. Maryam Uwais, has been constituted by the vice-president.

The committee, THISDAY gathered, has been making suggestions on how to handle the judiciary.

Investigations revealed that one of the group’s proposals culminated in the constitution of the Presidential Advisory Committee on Anti-Corruption recently set up by Buhari which has Professor Itse Sagay (SAN) as its chairman.

To ensure continuity, Owasanoye was made the secretary of the committee.

The advisory committee has no judge serving or retired as its member even though part of the committee’s remit is to advise the president on how to reform the criminal justice system.

It was also learnt that the committee’s mandate remains nebulous. When THISDAY contacted the secretary of the committee, Owasaoye, he claimed that the committee had terms of reference and promised to email a copy.

But several weeks after, no term of reference has been sent despite several reminders.

Moreover, statements by the chairman of the committee have left no one in doubt as to the fact that the committee has no clear terms of reference.

Since he assumed office, Buhari has not hidden his dissatisfaction with the judiciary. It is not surprising, said a source in the presidency, that no serving or retired judge has made it into his numerous appointments so far.

It was also learnt that the group coordinated by Osinbajo but led by Justice Oyewole came up with the suggestion that practising lawyers should be appointed directly into the Supreme Court and consequently one of such new appointees could be appointed the Chief Justice of Nigeria (CJN) who will in turn drive the reform envisaged by the president.

This will enable the president bypass the age long practice of elevating a justice of the Court of Appeal to the Supreme Court.

However, a source familiar with the issue said that some retired CJNs kicked against the move.

The former chief justices were said to have advised that experience and background in handling cases as judges must be one of the criteria for anyone to be appointed to the highest bench.

They however agreed that the president could make appointments directly into the Court of Appeal, but opposed doing the same for the Supreme Court, saying that it would set the wrong precedent at this time when there are more than enough qualified judges.

But analysts fear that the continued alienation of the judiciary will do the president no good.

“Some of the issues the president wants resolved can be handled administratively by the leadership of the judiciary, if only he will engage those at the helms of affair,” a senior lawyer who did not want to speak on the record, said.

The lawyer cited the amendments to practice direction proposed by the only female CJN, Justice Mariam Alooma Mukhtar, who retired last year.

Before her departure, Mukhtar initiated sweeping changes in practice direction across the courts that would enable courts to conclude criminal cases on time as against the present system where it takes years to conclude such cases.

She worked with chief judges of high courts, the Abuja High Court, and presiding justices of the various divisions of the Court of Appeal to put in place a system that could reduce the time it takes to conclude cases.

Under the scheme, a model practice direction was developed for all courts to fast-track trials of offences involving terrorism, rape, kidnapping, corruption, money laundering, human trafficking and related matters.

The practice directions also cover appeals to the Supreme Court and the Court of Appeal.

The new practice direction for the Supreme Court requires lawyers to leave their phone numbers and emails so that notices of court sitting can be communicated to them quickly.

Titled: "Criminal Appeals Relating to the Offences of Terrorism, Rape, Kidnapping, Corruption, Money Laundering, Human Trafficking and Related Matters," the new practice direction seeks to establish a specialised system of case management in the Supreme Court that will provide for fair, impartial, expeditious administration of criminal appeals arising from cases listed above.

 Culled from Thisdaylive.