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‘Anybody who expects corruption-free Judiciary would be living in dream land’

By Ayoyinka Jegede
01 November 2016   |   3:45 am
There is no conflict between NBA and EFCC because what people think is a conflict is just a difference of opinion. I do not agree that there is any conflict between NBA and EFCC, if the issue is strictly analyzed.
Udoh Akpeimeh

Udoh Akpeimeh

The face-off generated by the statement of the president of the Nigerian Bar Association (NBA), Abubakar Mahmoud (SAN), on the need to strip the EFCC of its prosecutorial role is yet to abate. While some, especially those sympathetic to the anti-graft agency saw the statement as confrontational or a ploy to derail the fight against corruption, the Chairman of NBA, Eket branch, Udoh AkpeImeh, in this interview with AYOYINKA JEGEDE, thinks differently. In his view, there is no conflict between the NBA and the EFCC. He also spoke on the arrest of some judges, corruption in the judiciary and others.

What is your take on the conflict between NBA and EFCC as a result of the statement by your president?
There is no conflict between NBA and EFCC because what people think is a conflict is just a difference of opinion. I do not agree that there is any conflict between NBA and EFCC, if the issue is strictly analyzed. The NBA is not challenging EFCC’s right to investigate and prosecute. What actually happened was that the NBA President, Abubakar Mahmoud (SAN), at his inauguration speech said that the EFCC was by law loaded with too many things inclusive of investigations and prosecutions. As the law stands, the EFCC is saddled with both duties. What the NBA President said, which has been orchestrated beyond bounds and which was personal to him, and only a suggestion, is that the EFCC should not be saddled with both functions. The EFCC should be made (by law) to shade-off some of its present loads, for efficiency sake. Since that would result in cutting the powers of EFCC, the leadership of the EFCC, as expected, stood-up in defense of the present state of the law. So strictly speaking, there is no conflict between the two bodies and anybody who thinks otherwise is not conversant with the issue.

What is your view on removing prosecution from EFCC?
There are other agencies who can handle that, normally investigation and prosecution are serious professional aspect in fighting crime. They are aspects which should be handled by professionals. From my experience as a legal practitioner of 23 years, who is always in court, I discovered that many who should have been sentenced to jail or even death are set free, walking the streets today because of lack of basic knowledge of criminal law and criminal procedure law by the prosecuting Police officer. If it were otherwise, the society would have been rid of some of the criminals now parading the streets. My position is that investigation and prosecution should be handled thoroughly. And if you want to saddle one body with both functions you must give them adequate training.

To saddle a single body with both, is an over-load and a slight on professionalism. My argument here is that the more you concentrate on doing a thing, the more perfect you are in that field. The corollary is that the wider your field of work, the less perfect you become. So I think and hold that the less EFCC has to do, the more efficient it becomes in its area of concentration.

What is your view on corruption in our judicial system?
Anybody who expects a corruption-free Judiciary would be living in dreamland. Not even the advanced countries flaunt such achievement, after all, the judiciary is made up of persons not things. Within Jesus’ disciples, there was a Judas. Is it the security agencies, the legislative arm or the executive arm of government, which is not corrupt? What those who have already branded the arrested Judges as corrupt fail to realize is that an individual Judge at that level (e.g. Justice Ademola) could have inherited more than that combined N94 million from his fore-bears, who were very rich. In present day Nigeria, some civil servants and businessmen have more than that combined amount at home – remember the reported cases of monies found in soak-away and in farms. These judges, like other civil and public servants, are paid their estacodes and some entitlements by same government in foreign currencies.

The judiciary is fighting corruption within its rank and file. It has suspended, retired and recommended some Judges for prosecution. The process is on-going. No more is required of it. All law abiding persons must condemn the recent ‘Sting Operation’ on judges. Corrupt Judges have been found in the United States, Ghana, and other Countries. Corruption permeates the whole society, it is not limited to the judiciary and the solution is good leadership, effective policing and a complete ethical re-orientation. We should start from the leadership. Leaders should set good examples for others to follow, like when President Buhari came in the first time with Idiagbon. We may not totally eliminate corruption because it is impossible. It’s there, even in advanced countries, but we can minimize it by laying good examples.

What do you think of the NBA position on the arrested judges?
The Nigerian Bar Association (NBA) led by its President, Abubakar Mahmoud (SAN) has condemned this particular style of fighting corruption, by the present government. The President of NBA described it as “Gestapo style operation” which should not happen in a democratic set-up. It demanded the immediate and un-conditional release of the abducted judges and members of their family. Going by the release of the NBA, it is conclusive that the DSS exceeded its statutory and constitutional powers. The NBA is so pissed-off that it declared a State of Emergency as it affects the Judiciary. It described the situation as a “crisis” that needs immediate attention and on such ground set-up a “Crisis Management Committee”. In support of NBA position, the Akwa-Ibom State NBA, met and issued a public statement aligning itself with the position of the national NBA.

The arrested judges want to sue the DSS. Is that a possibility?
Reports from the DSS show that about N94 million, $530,000.00, 26,000.00 Pounds and C6,000.00 were recovered from the residences of these Judges. But some of these Justices have separately written to the CJN and NJC, stated their side of the story different from that of the DSS. The Judges have therefore sort permission to sue the DSS for breach of their fundamental human rights, but CJN and NJC are yet to grant them that permission.

The CJN has complained to the President and met with the President in person to register his disappointment of this novel method of fighting corruption. The NJC on its part is on a face-off with the DSS and has rejected the latter’s directive that the affected Judges be suspended.

The Presidency and well-meaning Nigerians need to intervene and immediately, to avoid anarchy. Justice Ademola has also alleged it is a vengeance mission by the Attorney General of the Federation for some past judicial decision he took in the past. Also, most persons who are against the DSS actions perceived it as attempt by the executive arm of government to cow or intimidate the Judiciary. This is so because most of the Judges arrested are Judges that have given rulings or judgments not palatable to government or some departments. Preponderance of opinion is to the effect that what the DSS did is constitutionally the function of the EFCC and the Police. For reason of the degradation associated with the arrest, Justice Leman has indicated his intention to discontinue his service.

In general term, these arrests will affect everybody in future, even those strongly defending it. It is like oil on a finger. It will drain down and touch other fingers, and eventually stain the whole hand. Be reminded that when kidnapping started, it started with only the rich foreign oil worker. When there were no more white workers to kidnap, the rich black became the victims. It drained down till an Akara woman was kidnapped in Aba, and only N20,000.00 demanded as ransom. Whoever rejoices now and refuses to speak-out in condemnation, when the chips are down, he or she will suffer similar fate.

How vibrant is NBA Eket branch?
NBA Eket Branch, is a well-known Branch at the national level. We are relatively a young branch, having been carved out of Uyo Branch which was then, the only branch in Akwa-Ibom State. Within the little span of time we have been in existence, we have made our branch name known at the national level. We have hosted NEC meetings twice and also hosted the Eastern Bar Forum, twice too. Our member was a member of the General Council and another was the immediate first Vice-President, who is the next person to the President of NBA. Our members are also into several committees of NBA, so we have been relevant in the emergence of successive NBA presidents.

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