Yemi Akinseye-George is a Professor of Law and Senior Advocate
of Nigeria. In this interview with AKEEM NAFIU, he offers solutions
to myriads of challenges impeding successful prosecution of high
profile corruption cases. Besides, Akinseye-George speaks on recall
process, Nigeria’s restructuring and sundry issues
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
Yemi Akinseye-George is a Professor of Law and Senior Advocate
of Nigeria. In this interview with AKEEM NAFIU, he offers solutions
to myriads of challenges impeding successful prosecution of high
profile corruption cases. Besides, Akinseye-George speaks on recall
process, Nigeria’s restructuring and sundry issues
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
Read more https://nairalaw.com/akinseye-george-defective-justice-system-hampering-graft-war/