Showing posts with label poor judiciary in Nigeria. Show all posts
Showing posts with label poor judiciary in Nigeria. Show all posts

Light Sentence: House Moves to Amend the Law to Avoid Future Occurrences of Stealing “with impunity”

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In a development that most Nigerians will find welcoming, the Federal House of Representatives has urged the Economic and Financial Crimes Commission (EFCC) and Attorney General of the Federation (AGF) to appeal the rather light judgement of an Abuja High Court on Police Pension fraud where the accused pleaded guilty to embezzling over N23bn.

It will be recalled that Justice Abubakar Talba had recently sentenced John Yusuf to two years imprisonment (after he was found guilty) with an option fine in the sum of N750,000 that was promptly paid. Meanwhile, while expressing displeasure over the ruling, the lawmakers stressed the need for stricter punishment for the culprits. In addition, they resolved to commence the process towards the amendment of Section 309 of the Penal Code and Criminal Code to reflect present-day realities.

The resolution was reached as the lawmakers adopted a motion under a matter of urgent public importance sponsored by Minority Whip, Samson Osagie, who called for the intervention of the House. According to Osagie “We cannot keep silence and allow this monumental fraud go unnoticed because it has the propensity of assuming monumental dimension in future.

“If we are committed, we will ensure that appropriate punishment is meted out to those who deprive the people of the common wealth for their own private use. Notwithstanding that appropriate government agencies are making moves to appeal the judgement, the National Assembly should make a resolution judgement as well as amend the Penal and Criminal code.”

Another Lawmaker, Jerry Manwe argued that the judgement would further entrench the scourge of corruption among public office holders who will in turn set some of the ill-gotten wealth aside for settlement of fines by the courts: “My appeal is that the National Assembly should look into the laws and amend it so that people don’t come into public offices to steal with impunity and get away with it,” Manwe said.

On his part, Femi Gbajabiamila, the minority leader blamed the judge, saying the provisions if the law give the adjudicating officer the option of fine, that is to use his discretion and it is left to him to use it reasonably. He wondered why the discretion was abused to that level: “To exonerate the Judiciary is wrong; the blame should be placed squarely on the judge and not the National Assembly… I believe that those that crafted the laws never in their wildest imagination contemplated that someone can steal that much. While the debate is not a review of the judgment, what we are doing is looking at the judgement with a view to tidying up the law.”
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From ‘one James Ononafe Ibori’ to ‘this James Onanefe Ibori’

Some 13 years ago, one Nigerian lawyer, Odiari, did everything to convince all of us that the flamboyant James Onanefe Ibori was not worthy of occupying the exalted office of a state governor. He based his argument on the fact that the young man in question was once convicted by an area court in Abuja of stealing a reasonable quantity of building materials. I cannot remember whether it was by direct stealing or conversion. The case experienced several curious twists and turns and ended up on appeal.
 While the learned judges agreed that ‘one James Onanefe Ibori’ was indeed convicted by the said court of the said offences, it was held that that one James Onanefe Ibori was not the same with the James Onanefe Ibori (JOI) in contention. He went on to become a two-term governor of Delta State. Eventually, we also read reports of credit card frauds and petty thefts committed overseas by the same ‘one JOI’, alone and/or in company of his wife, but these crimes were not by this JOI, and life went on.
One day, the 8 years tenure ended and the distinction between ‘one JOI’ and ‘this JOI’ continued, but somehow, as it is in the nature of the affairs of men, a discordant tone set in. This JOI was arrested, detained briefly (the usual EFCC trial-by-media), and slammed with almost 200-count charges. Following some legal gymnastics, a Federal High Court was speedily established in Asaba and its first major achievement was to acquit JOI of all the charges – all of them.
 This JOI was so clean and was indeed a living saint – so said the judge. But gradually, one plus one started yielding anything but two! Nkoyo, JOI’s wife, was jailed 5 years by Southwark Crown Court for money laundering on November 22, 2010. Subsequently, Christine (JOI’s sister) and Udoamaka (his certified mistress) were also jailed 5 years for the same offence. Ibori’s lawyer, Bhadresh Gohil, has also ‘lawyered’ himself into trouble over the matter. And yet, these sentences were all related to the same cases of which Justice Marcel Awokulehin acquitted JOI on December 17, 2009 and for which a celebratory state banquet was held by Delta State government, ably led by JOI’s cousin.
When the heat got so much (don’t ask me what happened!) and  the Inspector General of Police was given a presidential order to arrest JOI, dead or alive, for the EFCC, he fled to Dubai, was extradited to London, willingly pleaded guilty and was jailed for 13 years on April 17, 2012 – even though by a queer kind of judicial mathematics, the jail term was calculated to read four and half years. The prosecutor, who described JOI as a thief in the government house who plundered the resources of Delta State, has done us a great favour. The distinction between ‘one James Onanefe Ibori’ and ‘this James Onanefe Ibori’ has disappeared; it is the same person, in flesh and blood.
 The crisis of identity or the duality of identity is over; the puzzle has been solved and methinks it is time for the judicial system to ask those who created and sustained this puzzle some few questions. Secondly, the young learned (?) judge who freed the one and only JOI of all the 170 charges should be asked to re-read his judgment, and it should be covered live by the key TV stations in Nigeria. But he should be obliged a new pair of reading glasses and presented with the whole evidences afresh so that he will be in a better position to change his mind and offer his apologies – if he so wishes.
I know that I am not learned and do not understand the ways of our learned compatriots, but there is a question that must be raised. Why are our prosecutors never happy unless the charges are up to a thousand? Is it incompetence, quantity illusion, or a deliberate attempt to confuse the entire process and obfuscate the truth? How many charges did the British fellows slam on our dear JOI? A lawyer friend of mine with whom I discussed this issue drew my attention to a Lagos LGA executive who was jailed without much ado sometime ago.
The man was charged with a one-point-agenda: collecting money for a conference which he did not attend and failure to refund the money. (So, Herman Hembe, the disgraced chairman of House Committee on Capital Market, followed a normal path). The case lasted a few minutes and before the man understood what was happening, he was in jail. If the prosecutor had broken that same matter into 50 charges – as they regularly do – the matter would have still been before the court in the past five years.
I also know that JOI is not the only thief in or out of government house in Nigeria. His only fault is that the gods got interested in him and that he went overseas. Nnamani who invested all the proceeds of his ‘political entrepreneurship’ in Enugu State; Ahmed of Zamfara who was accused of outright stealing (no attempt at laundering); and Turaki who invested heavily in the 3rd term bid (never mind Obasanjo’s tales by the moonlight) are all free. And they are all senators of the Federal Republic – for life, because once a senator, always a senator. Even Igbenedion whose luck failed him only had a laughable N3m fine while Odili has not even been investigated at all since 2007.
But the main matter arising from the JOI case is why Nigerians only taste justice when they are outside Nigeria. Amos Adamu was Mr. Clean, despite the COJA scandal (which the then president admitted was horribly messy) and other unholy sporty deals. He tried his luck with FIFA and we knew where it landed him.
 The former governor-general of Ijaw nation began his descent into political nothingness from overseas; Yar’Adua’s powerful minister of Justice (Andoaka) is free today because he has not dared to enter the US. And while the foreign participants in the Halliburton scandal have all received their due rewards, the Nigerian contingents were let off the hook. Judge Abubakar Umar of Abuja High Court dismissed the case for want of diligent prosecution on Monday, March 26, 2012. Those discharged were Ibrahim Aliyu, former permanent secretary, Office of the Head of Service; Abdullahi Bello and Mohammed Bakari of Urban Shelter Ltd.
I need answers to these two questions. Why is it that the players in our judicial/penal system fail to see what their colleagues elsewhere see easily? And when shall we jail other JOIs polluting the social, political and economic space with their brazenly stolen wealth? One day, the Pharaoh that knoweth not Joseph will ascend the throne!
Source:businessdayonline
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Girl in detention for four years over phone theft-aftermath of weak and slow judicial process

The case of Blessing Effiong, a 20-year-old inmate awaiting trial at the female section of Kirikiri Prisons, Lagos, perhaps typifies the injustice suffered by the poor in the Nigerian society.

 The Akwa-Ibom indigene, who was interviewed by the Attorney-General of the state, Mr. Ade Ipaye, and representatives of the Office of the Public Defender, during a visit to the prisons to evaluate the number of awaiting trial persons there, narrated in detail how she had been incarcerated since the age of 16 because she could not afford the services of a lawyer. 

She said, “In 2008, I bought a Starcomms phone for N10,000 in order to start a business centre. A few days later, a man called me and said the phone was stolen from him. I told the man I didn’t know it was stolen. We had an agreement that I should return the phone and he would refund my money. “I gave the man my address but when he got to my place, he said the phone was stolen from him along with his laptop and some other vital documents.

 He accused me of being a thief, called the police and had me arrested. I was charged with robbery and have been in Kirikiri since then as my trial has yet to begin.” Effiong said she was arrested at her guardian’s house in Ebute-Meta but was transferred to the Agboju Police Division from where she was taken to an Ikeja Magistrate’s Court.

 She said although she was 16 at the time of her arrest, the Investigating Police Officer claimed she was 21 so that she would be tried as an adult “I told the IPO that I was only 16 years old and that I knew nothing about the stolen phone but the IPO wrote 21 on my statement and claimed I was lying about my age. 

I was arraigned as an adult,” she said. Effiong added that even after four years, her trial had not begun as the court was said to be awaiting advice from the Director of Public Prosecutions.
Source:Punchng
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Reps give inmates second chance through public hearing

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The House of Representatives on Thursday, directed its relevant committees to conduct public hearing on the huge number of persons awaiting trial in Nigerian prisons.

The relevant committees are committees on Interior, Justice and Judiciary. This resolution followed a motion by Rep. Daniel Akpan (PDP-Awka/Ibom), which was unanimously adopted when put to vote by the Deputy Speaker, Mr Emeka Ihedioha.

Moving the motion earlier, Akpan noted that there was large number of persons awaiting trial in Nigerian prisons, adding that presently, the inmates' population in the nation’s prisons stood at 73,670, while those awaiting trial was 36,217.

Akpan in a motion entitled ‘’Need to Look Into the Large Population of Persons Awaiting Trial in Our Prisons,’’ said the awaiting trial inmates constituted about 50 per cent of the inmates in the country’s prisons. The lawmaker alleged that the large population of persons awaiting trial in prisons was due to gross dislocation and inefficiency in the linkages of the roles and responsibilities of the institutions saddled with administering criminal justice in Nigeria.

He expressed worry that the majority of persons awaiting trial were of productive age group ‘’ who waste away in our penal institutions. ’’ Akpan expressed concern that these categories of persons were most times locked up with high-profile criminals who joined criminal gangs while awaiting trial.

The motion was referred to the Committees on Interior, Justice and Judiciary for further legislative inputs. Meanwhile, the lawmakers passed a bill for an Act to establish the Chartered Institute of Management Accountants of Nigeria.

The bill brought by the majority leader , Rep. Mulikat Adeola-Akande, seeks to provide for a system of control of the institute's membership to promote and foster the practise of arts and science management accountancy in the country.
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Nigeria Tops US Money laundering List

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The United States government has once again put Nigeria on top of its money laundering, financial crimes and corruption list based on the weak enforcement, poor Judiciary and political interference of the country.

According to the 2012 International Narcotics Control Strategy Report released by the United States Department, Nigeria was placed in the high risk category and tagged under countries/Jurisdiction of Primary concern.

According to the report, out of 639 prosecutions between October 1, 2010 to September 2011, only 73 convictions were recorded.

“Weak law enforcement and justice sector issues have hindered the progress of and thwarted many prosecutions and investigations. Nigeria remains a major drug trans-shipment point and a significant centre for criminal financial activity.

“Individuals, criminals and terrorist organisations take advantage of the country’s location, porous borders, weak laws, corruption, lack of enforcement, and poor socio-economic conditions to launder the proceeds of crime.

The proceeds of illicit drugs in Nigeria derive largely from foreign criminal activity rather than domestic activities” The report noted.
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