The attorney-general of the federation (AGF) and minister of Justice, Mr Mohammed Adoke (SAN), has assured of his support to the Nigerian Bar Association’s initiative to investigate and expose some retired judges, serving judicial officers and senior lawyers found to have facilitating predetermined judgments.
Speaking through the assistant director of litigation in the ministry, Mr. Yusuf Bado Mok, the AGF told LEADERSHIP SUNDAY; “The NBA has said it is setting up a panel to receive petitions and investigate ex-judges and senior lawyers involved in the exchange of money for ready-made judgments.
“Expectedly, NBA shall forward its report of investigation to the EFCC or police who in turn would forward it to the office of the AGF for legal advice.
Once a prima facie evidence is established, the AGF will ask the anti-graft agency to go ahead and prosecute whoever flouts the law.”
Expectedly, the bombshell thrown by NBA president, Joseph Daudu on February 17 has continued to elicit divergent views from stakeholders who insist that necessary actions rather than mere rhetoric should be taken.
Some prominent lawyers, including Prof. Itse Sagay (SAN), Chief Mike Ahamba (SAN), Abubakar Malami (SAN) and Mr Femi Falana told LEADERSHIP SUNDAY that the issue must be addressed now to serve as a deterrent.
The AGF had further noted, “Mind you, the AGF is the chairman of the General Council of the Bar and will do everything to support the NBA in this anti-corruption drive.”
NBA President Daudu (SAN) had accused some prominent ex-judges and senior lawyers of facilitating predetermined judgments for their clients through bribery.
Daudu made the allegation during the valedictory court session in honour of a former justice of the Supreme Court, Anthony Aniagolu, who died last year.
The NBA boss had at the session also noted that the scourge of corruption that had infiltrated the judiciary was regrettably facilitated mostly by eminent retired judicial officers and some senior advocates of Nigeria.
Daudu had said, “We are no doubt aware that some of our colleagues, including very senior counsel and, at times, eminent retired judicial officers, go about offering their services as consultants, particularly in election cases, for incredible sums of money so as to act as conduit between his client and the court.
The end result is to facilitate ready-made justice for the persons they are acting for.”
The issue, however, assumed a wider dimension and support when Daudu said the NBA would soon inaugurate its anti-corruption commission with the mandate of identifying the masterminds behind corruption in the legal profession and the justice system.
He further stressed that the association would soon forward the names of the errant ex-judges and SANs with the necessary evidence of corrupt practices to relevant agencies for prompt action and prosecution.
Senior lawyers, who spoke on the worrisome issue during separate interviews with LEADERSHIP SUNDAY, noted that while the NBA president’s stance could not be faulted, there was the need for him to go beyond sermonising and condemnation.
Sagay said, “It is a shocking truth that some eminent retired judges and senior lawyers midwife to procure judgments in the country. Instead of those lawyers going the court and arguing their cases, they go to the judges to negotiate for the ready-made judgments. It is a sad thing to mention, and Daudu’s claim is a statement of fact.
“But I am of the view that anybody found culpable in the act should be sent to prison.
They are destroying the country by destroying the judiciary which is one of the three arms of the government. If you destroy the judiciary, you are invariably destroying the country.”
Ahamba stated: “It is a very serious accusation that must be given the attention it deserves, because if Daudu did not have his facts, he would not have said it.”
In the estimation of Malami, “Corruption is now all-pervading in all facets of our national life. Judiciary is not left out of it. To make progress as a nation, we must be ready to commit anything to stamp out corruption in our system.
We can no longer pretend about its existence. NBA’s statement is a statement of urgency loaded with desired urgency to address the monstrous thing called corruption. But not that he wanted to cast aspersion on the already battered image of the judiciary.”
Like Malami, Falana said: “The NBA president’s statement cannot be faulted except that he now has to go beyond sermonising and condemnation. NBA should now proceed to insist that some judges and lawyers indicted be prosecuted.
“Right now, the acting president of the Court of Appeal, Justice Dalhatu Adamu, is busy setting up panels to review the decision of the appellate court even when he has no such power.
“In October 2011, the Supreme Court vacated an order of the Appeal Court made in the Borno State governorship election petition matter.
As soon as the apex court set aside the order and barred the tribunal from hearing it, Justice Adamu dissolved the tribunal, thereby exposing judiciary to ridicule.