Falana wants special courts for corruption cases

Falana wants special courts for corruption cases

Wednesday, January 20, 2016 6:30 pm


Femi Falana

Femi Falana

Nigeria’s leading human rights lawyer,  Femi Falana, SAN has called for the urgent establishment of specialized anti-corruption courts  in the country  to effectively deal with the scale of corruption allegations especially regarding the $2.1 arms purchase scandal.

 
Falana said this in a paper delivered today at the Faculty of Law, Osun State University, Ifetedo, Osun State.
 
Here is Falana’s justification for the special court:
“The federal government deserves commendation for the renewed fight against corruption and impunity in the country. Regrettably, the anticorruption battle cannot be won through the regular courts.  Under the pretext that the regular courts are congested corruption cases are being adjourned to the delight of politically exposed persons. The ICPC has over 400 corruption cases in the courts. It is not in doubt that the EFCC has many more cases which are pending in the regular courts. Some of the cases being prosecuted by the ICPC were filed in the courts as far back as 1999!”
 
“It has just been disclosed by the Minister of Information, Mr. Lai Mohammed that 55 ex-public officers standing trial for allegedly stealing N1.3 trillion have had their cases subjected to interminable delays. Owing to congestion of cases in the regular courts corruption cases are being adjourned to upwards of three months instead of hearing them day by day as stipulated by the Administration of Criminal Justice Act, 2015.  As if that is not enough, the suspects are being granted bail in self recognizance and other liberal terms notwithstanding the gravity of the offences alleged against them. Experience has shown that once granted bail in corruption cases suspects adopt all manners of dilatory tactics to frustrate trial.”
 
“With the ongoing investigations into serious allegations of massive corruption in the office of the NSA, NNPC, CBN, NIMASA, NPA etc it is clear that the regular courts cannot cope with the trial of the many suspects that are likely to be indicted and recommended for prosecution. It is high time the  Executive sponsored  a Bill for the establishment of an anticorruption court. Otherwise, a decade from now the corruption cases which were commenced 17 years ago will remain in the docket! The proposed court will specifically handle cases of corruption, terrorism, drug trafficking, human trafficking, advance fee fraud and other economic crimes. The proposed courts should be manned by judges of proven integrity.”
 
“In addition to the establishment of the anti-corruption court there is the urgent need to reorganize the ICPC, Code of Conduct Bureau and Code of Conduct Tribunal. The recent organization of the EFCC by President Buhari is already producing positive results. Time is not on our side! Trial of military officers involved in arms deal by courts-martial.”
 
“Last week, the Federal Government referred the report of the Arms Procurement Panel to the EFCC for further investigation and the prosecution of the indicted suspects. The military authorities have assured the nation that the military officers among the suspects would be handed over to the EFCC for trial. In a similar vein, while receiving the report of the panel which inquire into the role of military personnel in the subversion of the electoral process in Ekiti and Osun states last year the Chief of Army Staff promised that some of the suspects would be referred to the EFCC for prosecution. With respect, there is no legal justification for asking the EFCC to handle cases of military officers who have committed war related crimes. Since the indicted military officers are subject to service law they be referred to the military police for urgent investigation and prosecution before special or general courts-martial convened by the relevant military authorities in line with the provisions of the Armed Forces Act, Cap 20, Laws of the Federation of Nigeria.”
 
“It is my submission that the military officers who diverted billions of dollars and naira earmarked for procurement of arms and armament are liable to be charged under section 45 for aiding the enemy and section 52 for mutiny by impeding or sabotaging the counter insurgency operations and thereby collaborating with the enemy, section 62 for failure to perform military duties and section 66 for stealing under the Armed Forces Act. Although retired military officers cannot be subjected to trial after 3 months after retirement the limitation does not apply to mutiny by virtue of section 169 (2) of the AFA. The proposed trial before military courts will meet the justice of the case and the expectations of the public. More so, that the Rules of Procedure applicable in courts-martial have no room for frivolous adjournments, motions for bail, interlocutory appeals, stay of proceedings of proceedings and interim or perpetual injunctions.”
 
“The Nigerian people must take more than a passing interest in the ongoing investigation of the erstwhile military officers and their civilian collaborators who engaged in the criminal diversion of huge funds earmarked for the procurement of arms and armament. Since about 25,000 people have been killed and over two million others displaced as a result of the sabotage of the counter insurgency operations by the criminal suspects they must bear full responsibility for the atrocities perpetrated by the satanic Boko Haram sect in the last 6 years. We are not unaware that following the report of the Arms Procurement Panel set up by President Buhari has confirmed the criminal diversion of $2.1 billion and N643 billion through a former National Security Adviser, Col. Sambo Dasuki (retd) and $2 billion and N29 billion through some officers in the Nigerian Air Force in collaboration with Col. Dasuki.”  
 
“Contrary to the claim that the federal government cannot fund socio-economic rights on account of lack of resources Nigeria is extremely rich in terms of human and natural endowment. The over $150 billion stolen and taken abroad in the last 10 years is enough to fund socio-economic rights and the infrastructural development of the nation. Ours is a country whose citizens have been pauperised by a rogue ruling class. President Buhari has requested western governments to help Nigeria recover her stolen wealth. President Jonathan reacted by saying that the figure of the loot has been exaggerated. With the revelations oozing out of the EFCC President Buhari may have underestimated the extent of the loot.”
 
“The Managing Director of the International Monetary Fund, Christien Lagarde stated that a loan from the IMF was not discussed with the federal government but that a team from the institution would visit the country to study the economic crisis and make appropriate recommendations. She also promised that IMF would help Nigeria in the recovery efforts.”
 
“It is doubtful if Nigerians are aware that the IMF boss in under investigation in her country, France over her handling of a €405 million (£322m) state payout made to Bernard Tapie, a disgraced tycoon, in 2008 when she was France’s finance minister. Apart from lacking the moral integrity to recover loot for Nigeria the IMF and World Bank as well as western government are complicit in the promotion of capital flight and looting of the treasury of Nigeria.”
 
“Notwithstanding the frustration of western banks the federal government has recovered not less than $4 billion from the Abacha loot. But the World Bank and a former Managing Director of the bank, Mrs Ngozi Okonjo-Iweala recently produced a report which gave the false impression that only $500 million had been recovered. A 700-page tissue of lies which listed phantom projects executed with the recovered loot was produced by the bank. Instead of relying on the foreign financial institutions governments that have fed fat on the corrupt practices of Nigerian leaders the federal government should commission a panel of experts to ensure that the $150 billion is recovered and repatriated to the country.”
 

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32 Comments

  • New Nigerian says:

    I support the establishment of special courts devoted to recovering stolen courts and granting justice expeditiously to the plutocrats

  • Uzoma Ngozi says:

    I am convinced that Dr. Okonjo-Iwealas that Falana is up to something. His negative plans have been ridiculed by Nigerians and he is desperately looking for other means to hurt our dear Madam Okonjo-Iweala, but this is another sham to your records!

  • Uzoma Ngozi says:

    What will you gain in spreading propaganda against Okonjo Iweala? She gave her best and should be appreciated. Madam Iweala only a wicked heart will deny what you have done for this country. You gave your best and nothing more. God bless you.

  • Uzoma Ngozi says:

    This is propaganda against Okonjo Iweala. All the things said about her here is a lie. I mean big lies. God forgive you. Falan learn to tell the truth

  • judey says:

    The IMF boss may lack integrity to recover Nigeria
    loots; but that cannot be said of Okonjo Iweala who has ensured that all
    leakages were blocked when she presided over the economy.

  • judey says:

    Mr. Femi Falana should shove aside politics when discussing
    issues that affect the integrity of Okonjo Iweala. We all know that the Abacha
    loot issue has been muddled up in politics that we don’t seem to know who is
    right or wrong. But the fact is that Okonjo Iweala is a blessed woman who will
    not affect any scam to be associated with her.

  • Ifeanyi says:

    Okonjo-Iweala served her term well, leave her alone in peace.

  • Iluyomade says:

    The recovered loot is in the coffers of the government, Okonjo-Iweala did not cart
    any of it with her when leaving office. Why persecute her needlessly?

  • Cyril says:

    Okonjo-Iweala couldn’t have lied about the recovered amount of Abacha’s loot from foreign banks. What would be her motive for doing that? She is and has always been a woman of integrity.

  • Rukayat Ibrahim says:

    Falana should consider the facts before heating up the polity. Even Quest said Okonjo Iweala is the best Minister of Finance Nigeria has ever had, so what exactly is Falana saying, let him go and do his law and leave Iweala alone.

  • Jackson James says:

    Okonjo Iweala has built a good reputation over the years

  • Jackson James says:

    why all this Oligocratic Mescayans, Okonjo is a great woman

  • Femi Hassan says:

    As a so-called human rights lawyer, i’d expect mr Falana to know that making bogus and spurious allegations is not in defence of human rights. So he should kindly hush

  • Femi Hassan says:

    Falana what on earth is your problem? Dr Iweala did not give any false representation of figures. Get your facts right and stop this constant attack

  • Ikechukwu Benneth says:

    Just imagine stupid Falana ranting against Dr Okonjo-Iweala who is known both locally and internationally for her good works. He has nothing to offer Nigerians.

  • Ikechukwu Benneth says:

    Falana never sees anything positive in any body. He knows how to critcize, but he does not have any solution to problems.

  • Ikechukwu Benneth says:

    In what positive way has Femi Falana brought development to Nigeria that he now has the impudence to run his mouth against Okonjo-Iweala.

  • Ikechukwu Benneth says:

    What integrity does Falana has to come up with such a stupid statement against Dr Okonjo-Iweala who worked so hard to put the Nigerian economy into perspective.

  • Ikechukwu Benneth says:

    It is very clear to Nigerians, that Femi Falana has no other job than to make very untrue statements about Nigerians with good records like Dr Okonjo-Iweala.

  • Uzoma Ngozi says:

    Where are your facts Falana, you are one lawyer I know who says things without facts. Everyone knows that Okonjo Iweala never created any false impression instead she stood for the truth and remained unbiased. Falana you are already taking sides in your opinion.

  • Ikechukwu Benneth says:

    Dr Okonjo-Iweala cannot be dragged into the mud by Falana. To the best of my knowledge, she has a very clean record both locally and internationally.

  • Ikechukwu Benneth says:

    Contrary to Falana’s view, madam Okonjo-Iweala never in anyway create any false impression about the Abacha loot.

  • Uzoma Ngozi says:

    Falana, what is this all about? You keep mentioning Okonjo Iweala in all your conservations instead of facing the reality on ground about this present administration. You are just a noise maker seeking recognition

  • Seye Tiamiyu says:

    God is watching oooo, all these lies you are saying against Dr Okonjo Iweala. Dr Iweala is an honest official. May God bless her.

  • Femi Hassan says:

    Falana (SAN), you’re beginning to sound as a broken record

  • Ikechukwu Benneth says:

    This man called Femi Falana is not sure of what he is saying. He is not a saint for goodness sake.

  • Seye Tiamiyu says:

    Please,this people should stop trying to tarnish Dr Okonjo Iweala’s name, she is a transparent officer who did her job well. She is one of the most honest leader Nigeria has ever had.

  • BADE says:

    Falana is confused.

  • BADE says:

    What is wrong with this man called Falana? Are you this cheap? I used to respect you a lot, but since you took to politics, you simply lost my respect. What you said to young lads at Osun State University is for you to confuse them and not to convince them. You are only corrupting the minds of these lads. But why?

  • Seye Tiamiyu says:

    Obviously this Falana does not know what he is saying. Dr Okonjo Iweala is a woman of integrity and she never deceived Nigerians nor gave them a false impression.

  • Seye Tiamiyu says:

    Mrs Okonjo Iweala never gave Nigeria a false impression nor a false report. She has explained the situation several times. I don’t know what else you people want!

  • Femi Hassan says:

    Mr. Falana had better take a chill pill and quit overheating an already heated polity. Can’t he go a week without mentioning the name of Dr. Ngozi Okonjo-Iweala, an astute and reputable economic practitioner. He should quit this behaviour of maligning her image

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