Need for special courts to handle corrupt cases x-rayed
The challenge posed to anti-corruption agencies by this development is an enormous one. In other words, there are greater expectations from the people over the performance of these agencies. They want a faster tackling of reported corrupt practices and greater effectiveness in achieving the desired result through nipping the cases in the bud by stopping […]
The challenge posed to anti-corruption agencies by this development is an enormous one. In other words, there are greater expectations from the people over the performance of these agencies. They want a faster tackling of reported corrupt practices and greater effectiveness in achieving the desired result through nipping the cases in the bud by stopping the process of perpetration of corruption or bringing the perpetrators to justice where the corrupt practice has already been committed.
However, the process of bringing alleged perpetrators of corrupt practices to book is not as straight forward as many Nigerians think it should be. This is because the arraignment of an alleged offender in a competent court of jurisdiction does not mean that justice would have been dispensed in a matter of months. There is a congestion of cases, particularly criminal cases in the regular courts at various levels. Though, the judiciary is trying hard to attend to all the cases it is sort of overwhelmed by the large number. Thus, cases that could have been resolved in less than a year take several years to be decided.
The long process of trial is a serious problem for anticorruption agencies such as the Independent Corrupt Practices and other Related Offences Commission (ICPC), whose cases are also affected. The ICPC currently has over 400 cases at various stages of trial in the courts some of them, like the one involving a former senate president, had been on for several years. It is quite frustrating for the commission when people express concern over the delay in the conclusion of such cases because it appears to be an indictment on the performance of the commission whereas, the ICPC cannot pass the blame to the judiciary as it is aware of the challenges facing the judiciary in that regard.
However, all this challenge would soon become a thing of the past when a new dispensation promised by the Chief Justice of Nigeria, Justice Dahiru Musdapher, comes on stream. Late last year, the CJN had announced that the federal government would establish special courts to handle anti-corruption cases in order to fast track the prosecution of such cases. According to him, the federal government will experiment with the special courts to be established in some locations for two years and monitor the operation of the initiative, the success of which will be followed by an expansion of the system to cover other parts of the country.
The initiative is a laudable one and the federal government should be commended for it. Although, the initiative is a response to a national clamour that had been going on for years for special courts to handle anti-corruption cases, it nevertheless shows the determination of the government to appraise its war against corruption and take the necessary measures to reposition the war for better results. It also demonstrates the great importance the government attaches to the anti-corruption war as a critical aspect of its Transformation Agenda for the country’s development .There is no doubt that the genuine development can only be attained in an atmosphere where things work as they should in accordance with laid down rules and best practices rather than a confused state running riot with unethical practices.
On face value, the benefit of introducing special courts for anti-corruption cases are self evident. First, the initiative is meant to enhance the war against corruption by facilitating conclusive prosecution of cases involving corrupt practices within a reasonable period of time. Second, it will restore public confidence in the anti-corruption war and the judicial system under which it is being prosecuted. However, like all public policies and programmes, the success of the initiative will depend on the implementation.
Some critics have raised the issue of human factors and integrity arguing that the purpose of the initiative will be defeated if there are no guarantees to ensure that verdicts passed by these courts are highly qualitative. The argument goes further that Nigerians have a way of compromising well meaning government policies to suit selfish interests or to circumvent government’s good intentions. It is very important therefore to ensure that the high level of integrity currently being maintained in the regular courts is also made the hallmark of the special anti-corruption courts. Care should be taken to avoid the type of situation that enveloped some election tribunal verdicts in avoidable controversies.
For a successful implementation of the initiative, there may also be need for the authorities to carry out some judicial reforms and relevant constitutional amendments to eliminate all the gimmicks that lawyers normally apply to delay or frustrate cases through applications for interlocutory injunctions and requests for so-called human rights considerations. Diligent prosecution and defence should be encouraged to ensure that the purpose of fast tracking the trial of cases is not defeated.
As mentioned earlier in this write up, the introduction of special courts will challenge the competence of anti-corruption agencies by putting more pressure on their responsibilities, some of which their current level of funding may not be able to accommodate. For example, investigations must be thoroughly done and concluded on time, prosecution teams must work very diligently. All these require increased and qualitative human resources as well as adequate funding for operations. There is need for the authorities to consider very seriously, the issue of increased funding for anti-corruption agencies in order for them to effectively play their role in achieving the purpose for which the special courts are being set up.
The ICPC has competent and dedicated staff to face and surmount any competence test as far as successfully discharging its mandate is concerned. However, it is understaffed and underfunded .It can do better with increased human and capital resources. As the nation awaits the creation of the special courts, it is hoped that the authorities will consider all factors that will enhance the ability of the judiciary and the anti-corruption agencies to make the initiative work successfully to achieve government’s good intentions and purpose.
Olamiti is of the ICPC in Abuja