Arthur Obi-Okafor (SAN) is the chairman of the Nigerian Bar Association (NBA) Criminal Justice Reform Committee . In this interview, he speaks on efforts to establish special courts, steps by the NBA to decongest the prisons, and the punishment for election offenders. Excerpts: What informed the hosting of the criminal justice conference for the fifth time? The Nigeria Bar Association wholeheartedly believes in the project Nigeria. And as part of its social responsibility as a responsible association, it has developed this conference. And as you pointed out this is the fifth criminal justice reform conference that is being held. And the conference came back to Asaba for the second time. And like other conferences we have held in the past, we should make our own contribution to the growth and development of an effective and efficient justice system in Nigeria. It has been acknowledged by all, there is no way our economic and social life will prosper without a good, transparent and effective justice system. So, there is the need to analyse the pitfalls in the existing criminal laws so that stakeholders can take it forward. That is the point. It is to examine where we are coming from and make postulations as to where we are going. If you look at the theme of the conference, ‘Criminal Justice in Nigeria: The Journey So Far’, so that means we have to look at the past and move into the future. There are calls for the establishment of special courts to try corruption cases. What is your view? When you talk about special courts as used in the conference, it is related to the use of economic, corruption and financial crimes. Some said special courts should be designated to try corruption cases. There is no unanimity on whether we should have special courts or not. One of the discussants rolled out questions that if we answer positively or negatively, will determine whether we need special courts or not. You know that the hood does not make the monk. Are we ready to make the courts functional? Do we have the facilities to run these courts? The ones we have now are they inadequate? Have we done everything to provide the existing courts with the infrastructure and the necessary equipment and materials needed to be effective? If we are not sure, then why do we talk about special courts? So, these are the issues we have to look more on. Some people feel the proposals for special courts covers cases already being treated by the existing courts, with the exception of civil matter. Don’t you think it will amount to duplication? For me, the NBA cannot be seen to be agitating for a position that will seem to be undermining the efforts of government. We are all partners looking for ways to solve problems bedeviling the country. So whatever that is proposed our duty is to make the legislature and major players give an exposition to main issues on the table, and they will now take a decision. Funding has been one of the challenges in the adoption of the ACJA by many states. What is the way out? I don’t think funding is a problem to the adoption, it may be a problem to the implementation. What we are looking at is after adoption what next? We believe that there should be mechanism to implement but there should be proper funding to get the Act properly implemented. What advice do you have to get a large association like the NBA fully involved in the efforts to decongest the prisons? I think the NBA should encourage members to engage more in pro bono cases when the new Legal Practitioners Act comes up. I think for any lawyer to renew his licence , it is expected that you have been engaged in pro bono cases on a yearly basis. You don’t have to want to apply for SAN for you to do pro bono cases, it should be a way of life. As the country prepares for 2019 election, what is your advice on the prosecution of electoral offenders? There is no political will. If you find out what is happening in that prosecution, it is only when the government in power is fighting the opposition. INEC should be made to be more independent than it is today, so that it will be able to push across the bad elements who are engaging in illegality and criminal acts. We also have to have a more independent police prosecution at the lower levels, even though it is a constitutional matter, who will help prosecute these matters, because if they are tied to the apron springs of the executive, nothing happens. Culled from dailytrust]]>

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