The Chairman,
National Judicial Council
Three Arms Zone,
Abuja, FCT.
Your Lordship,
COURT ORDERS HINDERING ANTI-CORRUPTION FIGHT
The attention of the Centre for Anti-Corruption and Open Leadership, (CACOL) has been drawn to the
statement credited to the Chairman of the Economic and Financial Crimes Commission (EFCC), Olanipekun Olukoyede, who was quoted as saying the Commission is unable to carry out investigations in 10 states in Nigeria, as a result of court orders restraining it. Olukoyede disclosed this at the ongoing sixth EFCC-NJI capacity-building workshop for justices and judges held at the Conference Hall of the National Judicial Institute in Abuja.
According to him, among the plethora of issues bothering the EFCC are “the frequent adjournment of high-profile cases by courts, contempt orders and undue reliance on technical grounds. He further said a situation where suspects rush to court to obtain restraining orders against the EFCC from arresting them, must be discouraged by courts.”
CACOL is particularly worried about this development, because there is no how the fight against corruption can be won if the court of law that is supposed to be unbiased arbiter and dispenser of
justice now serves as safe haven for corrupt public officials.
The place of the Judiciary in a country cannot be over emphasized, irrespective of the kind of government be it democratic, autocratic, and military or monarchy. If the Judiciary is this fundamental, central and critical to development of any nation then, the occupiers of the seat of judgment who hold the power of life and death must be above board.
In this part of the world, before judicial decisions are taken, the newspapers, the internet, television and radio are already doing the analysis and most often the speculations turn out to be true. For all we care, it may be mere coincidence.
The question however is how did we get to this level? We have observed that the major issue is comportment of the judicial officers and judicial staff. What do we make of judicial officers hobnobbing with politicians? What do we make of judicial officers attending “owambe” parties? What do we make of a judicial officer permanently on the entourage of politicians?
One of the easiest ways for the judiciary to fight corruption is for judges to decide cases brought before
them in accordance with the law. The courts, given the prevalence of corruption in our land, should in all
proven cases impose the maximum allowable sentence upon conviction. Anyone that is found guilty of
corruption should not be given a slap on the wrist.
In specific terms, the role of the judiciary in the fight against corruption involves the application of the provisions of various laws contained in the ICPC Act, EFCC Act, etc. the Penal and Criminal Code Laws of the various states of the Federation, to the cases brought before the courts. The courts must show and demonstrate their aversion to corruption. Some judges intentionally allow their courts to be used against the fight against corruption.
CACOL would like to suggest that the National Judicial Council (NJC) should set up a monitoring team that would discreetly observe adjudication in various courts so as to be sure that judges and other law officers are not engaging in unethical practices that would becloud the course of Justice. This team should observe and report back to National Judicial Council (NJC) which will lead to the punishment of judicial officers that are engaging in unethical practices.
As much as we want Law Enforcement Agencies to adhere to the rules of the law in performing the roles of sanitizing the society against corruption, other criminality and indiscipline, courts should not be the reason why the rules of the law will be impossible to adhere to.
Courts should be partners in progress rather than being a cog in the wheels of their success. Courts should always find ways to ensure that all offenders are properly and adequately punished to deter others like them from committing crimes rather than constituting a leeway for them to escape justice.
Yours in service to humanity,
Debo Adeniran
Chairman, CACOL,
