There is no need to resort to any other than legal means to win the war against corruption.” NBA President, Augustine Alegeh (SAN), conveyed the position of the body during the National Executive Committee meeting of the NBA, held in Jos, Plateau State capital. “There appears to be the need to draw attention to the essential elements of a proper trial in accordance with law. There must be a prosecution and a defence. If one is absent, there cannot be a fair trial. The duty of the prosecution is to prosecute not persecute. The prosecution has a duty to the temple of justice to bring all facts before the court even if some may aid the defence. Where the prosecution is found to have withheld any such evidence, any conviction obtained is liable to be set aside. The duty of the defence is to present the defence of the defence AND NOT to make up a defence for the defendant. Where this happens, counsel risks disciplinary sanction, if reported”, Alegeh said. “I have laboured to draw attention to this position in view of the erroneous view being wrongly peddled by some persons that lawyers in defending persons accused of corruption are aiding corruption. Far from it. Counsel have a duty and are trained to prosecute or defend. Whichever position they may take they are carrying out legitimate duties and cannot be wrongly classified as persecuting or aiding corruption. It is laughable that an agency of Government would retain Counsel to prosecute persons accused of corruption but frown at Counsel representing such persons. What is good for the goose is also good for the gander. “Finally, the constitutional guarantee of innocent until proven guilty remains alive and well. A person accused of corruption MUST be presumed innocent until a conviction is secured. This fine constitutional point appears lost to few persons who seem to believe that persons that are accused are already convicted. If it is appreciated, that persons accused are constitutionally presumed innocent then their dignity and their human rights must be guarded jealously”. He lauded the Chief Justice of Nigeria for amending the Supreme Court appointment guidelines to include appointments of “deserving Senior Advocates of Nigeria”to the apex court.]]>