Abuja – The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, said legal practitioners should stop causing undue delay of corruption cases by technicalities.
Mohammed said this on Wednesday in a paper delivered at a Roundtable organised by the Rule of Law Development Foundation in Abuja
The speech was delivered on his behalf by Justice Sylvester Ngwuta.
The discussion was entitled ` The Remit of Criminal Courts and the Role of Legal Practitioners in relation to Corruption Cases under the Existing Law.“
The CJN said that the judiciary in had recent years evolved a role that transcended mere adjudication,
“ There is a corresponding need for our legal practitioners to shun undue delay by technicality, which is often characterised by the use of frivolous applications.’’
He said similarly they should avoid “unnecessary trips to the appellate courts in search of appeals on nebulous or inconsequential points of law especially where same has been pronounced upon in our courts”.
He said in fulfilling their constitutionally mandated role of upholding the rule of law, lawyers must also become protectors of the constitution; the last hope of the common man.
Mohammed further said that “the court must ensure that it is quick to enforce all constitutional rights where infringed or in danger of being infringed.
“We cannot continue a culture of calumny all in the guise of fighting corruption, or defending our clients regardless of the cost to our collective reputations as ministers in the temple of justice,” Mohammed said.
In his contribution, Mr Rotimi Jacobs (SAN) said that “corruption is not a disease which afflicts public officers alone but the entire society.”
He said in the 1999 Constitution (as amended), Section 15(5) stated specifically that “ the Nigerian state shall abolish all corrupt practices and abuse of power“.
Jacobs, however, said that everyone was presumed innocent until the pronouncement of guilt was made by the court and no person could be found guilty of an offence which is not prescribed by a written law.
“The court is not helpless as it has inherent powers to sanction or punish for contempt whenever anyone is found to be in breach of this time honoured rule.”
He said that under Section 396 of the Administration of Criminal Justice Act, the court was enjoined to ensure that criminal cases, including corruption cases, are “for day to day trial’’.
Jacobs said it must be borne in mind that a legal practitioner engaged in corruption cases has a duty to be fair, candid and courageous.
He said the courts also have a duty to be in control of proceedings in court, to do justice between parties and maintain high standard of behaviour.
Prof. Bolaji Owasanoye, Member, Presidential Advisory Committee Against Corruption, said that some certain sections of the people have decided that the system should not work.
He said that corruption cases should be concluded and that the Bar is compromising.
“They (lawyers) should lay the foundation for reforms because most reforms are driven by civil society and others,” Owasanoye said.
