Impunity reducing in Nigeria

Emeka Etiaba (SAN) practices law across the country. In this interview, he advices Nigerians to avoid criticism of court verdicts. He also believes despite the lapses in the anti-corruption war, impunity is reducing in the country’s A rights activist has threatened to take contempt action against those who are criticising the Supreme Court’s verdict on […]

Emeka Etiaba (SAN) practices law across the country. In this interview, he advices Nigerians to avoid criticism of court verdicts. He also believes despite the lapses in the anti-corruption war, impunity is reducing in the country’s

A rights activist has threatened to take contempt action against those who are criticising the Supreme Court’s verdict on election petitions, especially on the use of card readers. What’s your take on this?
I have always said that the Supreme Court and indeed every court in the land is sacred and their decisions must be respected. Even when people discuss such judgements, they have to be very careful because most times when such discussions are held they are based on very limited information by such discussants that might not have seen the processes filed in court and may not adequately know what the issues were and how they were canvassed. A lot of people just dabble into judgement, and depending on which side they fall, begin to talk about the judgements. But my attitude is that Nigerians should respect the decisions of courts. And they should go on appeal when they think there is reason to go on appeal. But on the issue of card reader, the position of the Supreme Court is very straightforward – that the card reader does not have a place in our electoral laws. The constitution does not have it. So they are right in saying that you cannot annul an election based on the card reader. The only thing anybody can do is to try and see whether the legislature will factor it into our electoral laws so that going forward it will have the force of law.
Again you find out that even before the issue of card readers, there were certain states at the tribunal where the contention was that there were no elections. Yet they brought packs of card reader that showed that people were accredited and voted, which in itself is contradictory. But what people prefer to ask is that ‘they said there was violence, elections were rigged, and how come the election was not annulled?’ They don’t even go into the merits of the case; they don’t know what was presented before the courts.

Is it correct to say there is corruption in the judiciary?
Those who say that there is corruption in the judiciary are the ones who try to bribe the judiciary, when they fail they begin to complain. Nigeria as a nation is riddled with corruption. But nobody should single out the judiciary because if you are talking of which arm of government has done reasonably well, it is the judiciary.  Most of what you hear about corruption in the judiciary is people who collect money to give a judge and then they ‘eat’ the money, the judge doesn’t even know any money was collected on his/her behalf. Sometimes, the judges don’t have anything to do with that issue. There are few cases of corruption which have come up and the National Judicial Council has sanctioned the judges. So it is not as bad as people make it out to be.

There are also allegations that some senior lawyers assist perceived corrupt persons to escape prosecution?
That is what the acting chairman of the EFCC, Ibrahim Magu and the president and others have said. Of course they say that to pitch the people against such senior lawyers and to portray the senior lawyers as people of low conscience. But it is not correct; every human being is entitled to the services of a lawyer if accused of any wrong doing. Yesterday, Lamorde was EFCC chairman and he was singing the same song. Today he has employed the services of lawyers in court to ensure his rights are protected. Tomorrow, Magu himself maybe the one using lawyers to do exactly the same. So it depends on where you stand and the impression you are creating. But I don’t believe that senior lawyers tried to stop EFCC from going ahead with their duties. I also do not believe that every senior lawyer who is involved in criminal case is trying to assist the client to run away from the law. If there are isolated cases, they should bring them and prosecute the lawyers.
I am also aware that Prof Itse Sagay said there are rogue senior advocates. My take on it is simple: He is a senior advocate, lawyer, and professor of law. If he knows that such  exists, why has he not gone through the proper channels? A senior advocate who is a rogue, if you report him to the privileges committee or the disciplinary committee of the Bar, he has a problem. Much as I have great respect for him, I would say it is a pity that he made such statements. I also would not say that all lawyers have done very well.

There are also criticisms that the EFCC brings up so many charges but has not able to prove them?
The problem with the EFCC in particular is that rather than strive to conduct proper investigation which will lead to conviction of suspects, they obtain information which in most cases is not verified, they go to the press and begin to publish it. So those things are not good for investigative organs like the EFCC. You find out that when they say somebody stole N20 billion and when they get to court, what they are struggling to do is to secure conviction. Meanwhile the facts of the case do not support what they are saying. But I can tell you that if EFCC wants to do a good job, they have to withdraw from public glare and look inward on how to conduct proper investigations. They should look for senior lawyers who once prosecuted for government.
You also look at ICPC and CCB, it’s the same problem. I am happy that something is being done at all about corruption. At least now people are afraid that the long arm of the law can catch up with them. Things are not done with impunity; people now know they should be accountable. There is also corruption overseas, but the system works and the people know that if they steal, they would be caught and prosecuted. At least I am happy that EFCC is facing the business more seriously today.

Do you see any disobedience to the law among security agencies?
Yes, disobedience to court orders abound today more than before. It is because they believe that the federal might covers them. Otherwise I do not see why a court would say ‘release this man’ and you refuse. And you go to same court to seek indulgencies. It is sad but we will get there.