There are concerns over abandoned and unresolved high profile cases of corruption in Nigeria. How do you think we can tackle the problem? The best way to rob a country is to buy its political system. There are several high profile corruption cases that are stuck and unresolved- no acquittal, no conviction. The National Judicial Council (NJC) should be proactive in tackling corruption. Judiciary must purge itself of corruption so that can avoid executive interference. We also need to leverage on e-recording of proceedings and put an end to writing in long hand by judges. There is need for authentic and reliable source of information on corruption cases. This is because lack of proper record keeping is one of the factors fueling high corruption. Without such a database of all such cases, resolved and unresolved, plea bargain and their outcome, we cannot conduct a meaningful assessment of the fight against corruption. Civil society organization should also be apolitical. They should focus on the issue and not the persons. They can help build independent data basis which can be updated regularly. This will help a lot. Questions like who and who has been plea bargained, the conditions, the agreements, etc can then be answered. There have also been suggestions that criminal cases will be hastily concluded when the burden of proof is shifted from the prosecution to the defence. Do you share this view? Look, a difficult situation and an extraordinary problem require an extraordinary solution. We should think and look at our criminal justice system. If there are procedures in both the Constitution and the Criminal Procedure System which are hindering the welfare of the common man, the progress of the country and government’s developmental projects, they should be urgently addressed. A situation whereby a civil servant turns a billionaire after becoming a governor leaves much to be desired. In which case, several billions of naira was traced into his account after leaving office as governor. The issue is that the criminal justice system cannot deal with such things. This is because these set of defendants are so powerful and in some instance, they are even richer than the entire country. Where do you think the state will get the resources to prosecute them? So, we need to look at our criminal justice system that makes it difficult and almost impossible to prosecute wealthy defendants who are highly exposed politically and helped themselves to the treasury. These people can use their wealth to compromise the system. How much are judges being paid? That is why politicians tempt judges with huge sums of money. They even paid money into the accounts of some of these judges without their consent and it will take an extraordinary and highly principled judge to reject such. People go to the National Assembly without any known career and within six months of getting to the place, they start sharing billions of naira. They become billionaires, building mansions and edifices everywhere. Do you think the criminal justice system can deal with that? It would be difficult. The criminal justice system was put together in anticipation of systemic corruption and not to tackle the grand corruption we are witnessing in the country. Somebody will just go to the treasury and take billions of naira which is more than the entire allocation of a state judiciary. They use these funds to corrupt court officials. All these are happening in a society where there is endemic poverty. Nigerian judges are working under extreme pressure from politicians who are also part of us.

Can we now say the defective criminal justice system has affected the graft war? Absolutely yes. The structure of the legal system, the Constitution and the Criminal Procedure System were not designed to tackle cases of egregious and grand corruption. So, we need to look at the system. One of the things that we should consider is those who live above their means.
They should be asked to explain how they got their wealth. It’s even in the ICPC law. This is part of the restructuring we need. Everyone who had access to government money must be made accountable. Government should also made resources that will allow us adequately deal with cases of grand corruption available. Comments credited to the Deputy Senate President, Ike Ekweremadu, over the plan by the people of Kogi West Senatorial District to recall their Senator, Dino Melaye, has thrown up questions about the role of the National Assembly in the process of recalling a Senator or House of Representatives member. What role does the National Assembly play in the recall process? Under the Constitution, the National Assembly has no role in the recall process. It only concerns the Independent National Electoral Commission (INEC), the electorate and the candidate. Even the court cannot intervene, unless there is a violation of the laid down provision of the Constitution with regards to the process.
But for any other reason, the court cannot intervene talk less of restraining an action that has not been carried out. So far, as far as Melaye’s recall is concerned, there has been no infraction of the Constitution to warrant any court’s intervention. It’s only when for instance, there was no adherence to the laid down rules that the court can come in. What I am saying in essence is that the process of recall is laid down in the Constitution and must be adhered to strictly by INEC. I don’t think it is appropriate for the court to grant an order to restrain a process that is conducted in line with the Constitution. It is only when there is an infraction that the court can intervene and I am sure the court will take note of that. So, what I am saying in essence is that the National Assembly has no role to play in the recall process than to exclude the recalled member from their midst upon the conclusion of the exercise. The result of the exercise of the member concerned will be announced on the floor. If it favours him, he stays but if otherwise, he goes and INEC will conduct a by-election to fill the vacant position. With regards to Melaye’s recall, I want to advice that there should be fairness to all sides concern. If the masses have gone to the extent of compiling signatures and we are told that these are signatures from his constituency and that the names are also on the registered voter’s list, it is only left to INEC to verify these claims. Once that is done and a simple referendum is conducted with a simple majority votes recorded, the Senator will go. But if the simple majority votes were not recorded, he will remain in the Senate. We have to be fair to both sides.
One issue that has remained contentious is agitation by various ethnic groups for the restructuring of the country. What is your own idea of a restructured Nigeria? The challenge in the campaign for restructuring is that nobody knows what it means. If you discuss restructuring with ten people, they will be saying different things. Some will tell you it is confederation, while to some people, it is devolution of powers. Some people will even tell you it is secession and economic restructuring by collecting more money from the rich and distribute it to the poor. So, we need to have a discussion on restructuring and I think government has taken a right decision by setting up a committee on the issue. As far as I am concerned, the restructuring we need in Nigeria is one that will bring about equity in access to the economic resources of this country. Just a few Nigerians, particularly, those who have access to public funds control ninety per cent of resources of this country while so little is left for the masses. So, we need more of social programmes that will make sure, for instance, graduates who have no jobs are given some allowances. Although government has been trying but we need to put more funds into social programmes. The re-organsation that we need is to go back to the basis. It’s not about secession as being canvassed by the Igbos who are the most dispersed ethnic group in the country when you talk of commercial activities.
In my village in Ondo State, close to 80 per cent if not more of the retail business is in the hands of the Igbos and they are welcomed. We also inter-marry. So, a situation where the Igbos want to take themselves away from Nigeria is inappropriate and I hope their situation will not be worse than what happened in South Sudan, if they insist on secession. We all know what is happening over there now. After its independence from Sudan, South Sudan has been in perpetual state of emergency. The land in the Eastern Nigeria is not sufficient and the Igbos are more business oriented, energetic and industrious, which is why they are scattered everywhere. Their potentials can only be realized when they have access to operate anywhere in Nigeria and beyond. I have spoken to some of my friends who are Igbos and I have found out that they don’t support the agitation for secession.
The point I am making is that every Nigerian must be able to feel at home anywhere they found themselves in the country. That was why I query the rationale behind the quit notice issued to the Igbos by the Arewa Youths. Those who gave the ultimatum should be identified, fished out and asked under what authority they are giving out those orders. The ultimatum is unconstitutional and disruptive. In fact, it also bothers on treason. How can you direct a fellow Nigerian to leave your region when the Constitution guarantees every Nigerians to move and work in any part of the country? So, the restructuring we are talking about is the one that respects the rights of every Nigerian to live anywhere in the country. Restructuring that gives young graduates access to credit schemes so that they can start their lives after leaving higher institutions is the one we are talking about. Also, restructuring must involve the re-organisation of our values and norms. We have become too materialistic. We celebrate people that have money without knowing the source of their wealth. We should be our brother’s keeper, particularly in churches and mosques. All the resources our leaders are using in buying private jets should be gathered together and put to use for the benefit of the citizens. We know that the bulk of these funds came from government. Culled: newtelegraphonline]]>

______________________________________________________________________ Revolutionizing Civil Litigation: Comprehensive 3-Volume Series Now Available A new serial publication with broad title "Civil Litigation Serial" has launched to provide concise resource guide for civil litigation practitioners. The first volumes are now available for purchase through a network of independent booksellers across Nigeria. Call 07051822705 ______________________________________________________________________

Nominations Open For Legal Leaders Awards 2025, Celebrating Excellence In Istanbul

______________________________________________________________________

[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials

“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation ______________________________________________________________________