Femi Falana

However, it is pertinent to observe that the EFCC does not operate without control as the system has put in place constitutional and statutory mechanism for monitoring the exercise of its powers. To prevent the abuse of prosecutorial powers the Attorneys-General are empowered to take corruption cases being prosecuted by the EFCC. The Attorney-General of the Federation is also vested with the power by Section 43 of the EFCC Act 2004 to make “rules or regulations with respect to any of the duties, functions or powers of the Commission under this Act.” Apart from exercising oversight powers over the EFCC the National Assembly is expected to consider the reports of the commission which shall be submitted not later than 30th September of each year pursuant to section 37 of the EFCC Act.

In Attorney-General of Ondo State v Attorney-General of the Federation (supra) the Supreme Court that the federal, state and local governments have joint responsibility to fight the menace of corruption and abuse of office. But it is common knowledge that the state and local governments have never involved themselves in the fight against corruption. Indeed, the state governments do not even assist the EFCC ICPc in the investigation and prosecution of public officers and contractors who are alleged to have stolen public funds belonging to state and local governments. Although the fight against corruption is one of the cardinal programmes of the ruling political party the 21 state governments controlled by it have not deemed it fit to team up with the federal government in fighting corruption

President Buhari has questioned the seeming reluctance of Nigerian judges to play a critical role in the fight against corruption. Even from the legal profession many have criticized the helplessness of the courts in dealing with grand corruption associated with politically exposed persons. While the concerns expressed are understandable it has to be realized that the predatory and peripheral capitalism operated in Nigeria has created a peculiar legal system for its sustenance and survival. Hence, Professor Biodun Jeyifo has rightly observed that “our criminal justice system, with regard to the unjustly rich and powerful, is one of the most unjust and irrational criminal justice systems in the world precisely because capitalism Nigerian is one of the worst forms of capitalism in the world.” (The Nation, September 11, 2016).

Conclusion

While the anti-graft agencies and the Attorneys-General should work together in the prosecution of all economic and financial crimes the NBA ought to prevent lawyers from further frustrating the prosecution of corruption cases in the courts. Although the ACJA has substantially addressed the crisis of delay in the prosecution of criminal cases it should be noted that the application of the law is limited to federal courts. Apart from Lagos state and a couple of other states which have reformed their criminal justice system the other state governments have not jettisoned the colonial criminal procedure laws. The NBA may wish to pressurize such state governments to adopt the ACJA in order to fast track the trial of criminal cases in the state courts.

To save the NBA from self inflicted destruction the progressive extraction of the legal profession should ensure restrain bar leaders from giving the dangerous impression that Nigerian lawyers are comfortable with the large scale corruption in the country. As a matter of urgency, the NBA should be retrieved from the overbearing influence of a cabal of lawyers trying desperately to use it to frustrate the prosecution of criminal elements who have willfully inflicted eternal agony on the masses through the criminal diversion of the commonwealth. All patriotic lawyers should ensure that the anti-graft agencies have the autonomy to operate without intrusion from public institutions and private bodies. As corruption will always fight back to protect some vested interests the anti graft agencies should be prepared to collaborate with the trade unions and other mass organisations in the fight against corruption.

 Finally, since the ACJA has done away with stay of proceedings and other delay tactics hitherto employed by senior lawyers to stall the prosecution of corrupt people trial courts are enjoined to prevent unending cross examination of witnesses and frivolous adjournments by lawyers. Instead of campaigning for whittling the powers of the EFCC the NBA is urged to join civil society organizations like the Socio-Economic and Rights Accountability Project in monitoring the trial of the mega looters of public treasury. I fully concur with Professor Akin Oyebode that “as priests in the temple of justice, our legal practitioners should live above board and no longer feel comfortable that some of the less than virtuous among them occupy critical and sensitive positions dealing with sanctions and preferment within the Bar.”