Professor Itse sagay:

The high level of corruption in the judiciary will not allow the use of a jury system for the administration of criminal justice to work effectively in Nigeria.

Prof. Itse Sagay (SAN), the Chairman, Presidential Advisory on Anti-Corruption, made the assertion on Tuesday at a symposium in Lagos.

It was hosted by the Human Rights Committee of the Ikeja Branch of the Nigerian Bar Association (NBA), in collaboration with the Jury Justice and Rectitude Advocacy Initiative.

Sagay spoke as the chairman of the symposium entitled: “Salvaging Nigeria’s Criminal Justice System: The Jury Option.”

“A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.

“Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime,’’ Wikipaedia, an online publication said.

Sagay said though, he initially supported the abolishment of the jury system in Nigeria in1986 by the military, the high level of corruption in the nation’s judiciary had changed his view.

“I initially supported the abolishment in 1986 for two reasons- the first was my belief that lay men could be influenced in making their decisions.

“My naive view at the time was that a judge, being learned in the law, will resist outside influence.

“The second reason was that adopting the jury system will further elongate the administration of criminal justice,” Sagay said.

He said that his views changed because of recent cases of corruption in the judiciary and legislature, adding that legal knowledge was used as a tool to evade justice.

“Corruption in the judiciary is so rampant that I no longer hold the same view.

“Corruption in the legislature is so rampant, that is why I have a running battle with them.

“Technical legal knowledge is now being used as a barrier in the administration of the law; there is a culture of espirit de corps among judges.

“This espirit de corps can be cited in many cases where judges cannot convict their pairs charged with corruption.

“It dawned on me that legal knowledge will make a judge prone to legal technicalities.

“This is why I became convinced that criminal justice cannot be dispensed in Nigeria, except ordinary men and women who have a sense of courage, decency, sense of wrongdoing, common sense and morality to hear criminal cases,” he said.

In a keynote address, Prof. Taiwo Osipitan (SAN), a law lecturer at the University of Lagos, highlighted possible challenges that might face a jury system in the country.

“The jury system can only be effective in a country with a most efficient and up to date data of its citizens.

“It is imperative that the Federal Government of Nigeria, with the active collaboration of states, create and maintain an effective database that captures all residents within the nooks and crannies of Nigeria.

“The re-introduction of the jury trial will most likely induce further delays in the dispensation of justice.

“Delay may be encountered in the process of identifying the jurors and notification of the jurors.

“We should bear in mind that Nigerians lack the culture of leaving a forwarding address or notifying relevant agencies when moving apartments.

“A potential major stumbling block is our highly pronounced tribalism which will always influence the perception of anyone who is on jury duty.

“A survey of tribal induced comments on the social platforms when anyone is arrested by the anti-corruption agencies, will give an indication on the likelihood of bias that may be encountered on the re-introduction of the jury trial in Nigeria.

“Funding is another possible challenge; all jurors must be paid allowances and possibly accommodated.

“It should be remembered that jurors will sit everyday across the country. Who bears the financial consequences?” Osipitan said.

He said that despite the innovative provisions of the Administration of Criminal Justice Act (ACJA), the criminal justice system in the country was on the brink of collapse.

“The Administration of Criminal Justice Act (ACJA) was introduced in 2015 to accelerate the slow pace of criminal justice administration in Nigeria.

“The Act introduced certain innovative provisions to enhance criminal justice delivery in Nigeria.

“The Act further provides in Section 306 that an application for stay of proceedings in respect of a criminal matters before the court shall not be entertained; this provisions has been tested and sustained at the appellate courts.

“Notwithstanding the laudable objectives of the ACJA, the criminal justice system appears to be on the verge of collapse largely because of a lack of judicial manpower to handle the unprecedented number of criminal cases within the docket of the courts.

“A single judge or magistrate handling hundreds of criminal cases through the several stages of criminal adjudication has and does not augur well for our criminal justice system,” Osipitan said.

He called for legislative deliberation on the potential of a workable system that would ensure speedy dispensation of criminal justice.

Rep. Rasak Atunwa, the Chairman, Lagos State House of Representatives Committee on Judiciary, called for the establishment of the jury system in Nigeria.

Atunwa, who has served as a juror abroad said, “I will approach it from a practical perspective, it is not a perfect system, but it is near perfect in a criminal system.

“I admit that we need a better database in Nigeria, because it is from the database that jurors are selected.

“I can say this because not only have I practiced before a jury, I have served as a juror.

“It is said that we are not homogeneous, but hardly will you find a nation in the world today that is yet, patriotism is there when you serve as a member of the jury.

“When faced with facts, you will be concerned more about your duty than affiliations,” he said

Also, Mr Ibrahim Magu, the Chairman, Economic and Financial Crimes Commission (EFCC), called for a system that would ensure speedy dispensation of justice.

Magu, represented by Mr Saidu Atteh, a prosecutor with EFCC said, “We will support any system that will take us forward, not backward, in reducing the rate of economic and financial crimes in Nigeria.

“Our system must be one that achieves the objective in a reasonable time.

“In introducing the jury system, it must be efficient; it is not the number of cases in court that matters, but the number of cases that are successfully prosecuted,” Magu said.

Earlier, Mrs Caroline Ibharuneafe, the Chairman of the Human Rights Committee of the NBA, Ikeja Branch, said that lapses in the administration of criminal justice system had necessitated the need for the symposium.

“The theme of this symposium was necessitated by the fact that the society had not been aware of the inadequacies of our Criminal Justice System before now.

“With the rise of high profile cases among public office holders, the lapses in the archaic laws have been exposed and now call for a review to make it work for the benefit of our society,” Ibharuneafe said. (NAN)