By Wahab Abdulah & Ikechukwu Nnochiri

UNDOUBTEDLY,  PresidentMuhammadu Buhari’s 365 days in office has been an eventful one for the judiciary.  For most trial Judges, it was quite a very busy and tiring period. The reinvigorated Economic and Financial Crimes Commission, EFCC, initiated proceedings against some high-profile politically exposed persons, while the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, ordered day-to-day trial of such corruption cases.

The CJN further barred Judges from granting applications aimed at staying proceedings on criminal matters. He said the measure  became necessary in view of mounting criticisms against the Judiciary. It was President Buhari himself that fired the first salvo against the Judiciary which he accused of aiding those that looted the national treasury.

Speaking at the opening of the 55th Annual General Conference of the Nigerian Bar Association, NBA, on August 21, 2015, Buhari frontally attacked the judiciary, saying corrupt lawyers were sabotaging his efforts to rid the country of corruption.

Leadership of the judiciary

He urged the leadership of the judiciary to support his administration’s war against corruption and help the country return to the path of rectitude by making Nigerian courts functional and effective. He said: “Corruption and impunity become widespread when disrespect for law is allowed to thrive in society. Disrespect for law also thrives when people get away with all sorts of shady deals and the court system is somehow unable to check them.

“Ability to manipulate and frustrate the legal system is the crowning glory of the corrupt and, as may be expected, this has left many legal practitioners and law courts tainted in an ugly way. “In a gathering such as this, I do not need to elaborate on the way that corruption and impunity have damaged our economy. But I would like to say more on what, I believe, should be your role as legal practitioners, in helping us back to the path of rectitude.

“First, we need to make our courts functional and effective again. This means that we must have lawyers who take the ethics of the profession very seriously; lawyers who will not frustrate the course of justice, even though they defend their clients with all legitimate means and resources.

“Nigeria needs ethical lawyers who always keep the end of justice in mind and will never sacrifice the integrity of the legal system to cover the misdeeds of their clients, no matter how lucrative the brief may be”. As if that did not sink in, President Buhari took another swipe at the judiciary while  flagging-off the 2015 All Nigeria Judges’ Conference at the National Judicial Institute in Abuja.

Buhari, who was represented at the event by Vice President Yemi Osinbajo, lamented that “allegations of judicial corruption have become more strident and frequent”.

According to him, “There is both local and international dissatisfaction with the long delays in the trial process. In the past few years, this has become especially so for high-profile cases of corruption, especially where they involve serving or former political office holders.” Besides, in one of his foreign trips, President Buhari told the world that the judiciary was his major headache.

Meanwhile, the recurring umbrage against the Judiciary by the Executive did not go down well with key stakeholders in the justice sector, including the CJN himself and the Nigerian Bar Association, NBA. At a meeting with the Attorney General of the Federation, Abubakar Malami, SAN, the CJN noted that it was unfair for Buhari to constantly attack the judiciary when in actual fact the Executive arm of government seemed to lack the political will to prosecute high-profile criminal cases.

The CJN maintained that the lacklustre attitude of government towards the prosecution of such criminal cases, “especially those involving politically exposed persons or political party family members,” was a major factor that stalled trial of so many corruption cases.

Abject lack of political-will

According to the CJN, “Experience within the Judiciary shows that there is abject lack of political-will to prosecute some of those cases pending before our various courts almost a decade in some instances. It is not because there are no special courts, but mostly for reasons of political expedience and other ancillary considerations.

“There is the need for seasoned prosecutors to prepare and file charges before courts of competent jurisdiction so that criminal matters are timeously determined. Quality of prosecutions must be improved upon, the quality of prosecutions presented in courts by our prosecutorial agencies must be improved upon, as they are sometimes of a standard that will never found a conviction in any court anywhere, yet, a well prepared prosecution can see to the determination of criminal matter within a month.

“Of course, no competent prosecutor who has filed valid charges would permit an accused to mount an interlocutory appeal, to the extent of going forth and back, sometimes twice or more to the Supreme Court, since such lapses could be injurious to the dispensation of justice.”

Apparently embarrassed by Buhari’s criticisms, the CJN vowed that the National Judicial Council, NJC, would descend heavily on any trial judge found to have stayed proceeding on any criminal  matter before his court. He stressed that the essence of the newly enacted Administration of Criminal Justice Act, ACJA, 2015, was to forestall situations where accused persons use frivolous interlocutory applications to frustrate their trial.

“My lords, as you all are well aware, the Judiciary has had to endure intense, largely unjustified and grossly uninformed criticisms regarding delay in the administration of justice. “However, I am proud that the Judiciary was well ahead of the curve when the 2013 Practice Directions on Serious Crimes were adopted as the Directions were aimed at reducing criminal trial delays.

“Nonetheless, the new Act strengthens our resolve as it provides that applications for stay of proceedings shall no longer be heard in respect of a criminal matter before the court. This unprecedented provision puts a stop to the delays occasioned by interlocutory applications to stay proceedings pending appeal on preliminary matters when the substantive issues are yet to be tried on the merits.

“Upon arraignment, the trial of the defendant shall proceed from day-to-day until the conclusion of the trial, while each party is entitled to only five adjournments not exceeding two weeks each. Where the trial is still not concluded, the interval for adjournments will be reduced to seven days each.

Economic crimes

“As such, the Act provides a chance for all Judges to ensure speedy dispensation of justice and I expect that the provisions will be fully utilized. “I must similarly urge your lordships to treat cases related to economic crimes and corruption with the necessary urgency that the previously mentioned 2013 Practice Directions mandate us to apply”, the CJN charged Judges.

Meantime, among the high-profile cases that have so far enjoyed fast-tracked proceeding in-line with the directive of the CJN included the case against the Senate President, Dr. Bukola Saraki who is facing an amended 16-count criminal charge before the Code of Conduct Tribunal, CCT.

Charge against Saraki borders on false/anticipatory declaration of assets, his alleged operation of foreign account while in office as governor of Kwara State between 2003 to 2011, as well as allegation that he continued to receive governorship salary; four years after his tenure had elapsed.

Seven-count charge

Other high-profile trials currently before the judiciary are the cases involving the former Chief of Defence Staff, Air Marshal Alex Badeh who is answering  a 10-count charge involving alleged N3.9billion fraud, Spokesman of the Peoples Democratic Party, PDP, Chief Olisa Metuh who is facing seven-count charge over alleged N400million fraud.

Similarly, the former National Security Adviser, NSA, Col. Sambo Dasuki who is facing 47-count charges before three different courts and the former  Chief of Air Staff, Air Marshal Mohammed Dikko Umar who is facing seven-count charge before the Federal High Court in Abuja over alleged N4.8bn fraud.

There is also alleged corrupt case of the former director general of the Nigerian Maritime Agency and Safety Administration, NIMASA, Mr. Patrick Akpobolokemi.

Likewise, some former governors are currently facing criminal charges before different courts. Some of the erstwhile governors on trial include former Benue governor, Gabriel Suswam, Orji Uzor Kalu (Abia), Sule Lamido (Jigawa), Attahiru Bafarawa (Sokoto), Murtala Nyako (Adamawa), and Ikedi Ohakim (Imo).

More so, among high-profile cases the judiciary was saddled with by the Buhari administration in its first 365 days in office included the trial of the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu on treason charges. As we enter the second year of Buhari’s administration, there are pointers to the fact that it will even be a busier period for the judiciary.