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Thursday 2 May 2013

Corruption charges: Court fixes May 10 for ruling on Lawan’s application


Abuja – An FCT High Court on Thursday fixed May 10 for ruling in an application seeking to quash charges against Farouk Lawan, former Chairman, House of Representatives Ad Hoc Committee on Fuel Subsidy Regime.
Lawan is standing trial alongside his Vice Chairman, Boniface Emenalo, on a seven-count charge of allegedly obtaining N625 million bribe from Mr Femi Otedola, the Chairman of Zenon Oil and Gas Ltd.
The court, presided over by Justice Mudashiru Oniyangi, had reserved Thursday, May 2 to rule on Lawan’s application seeking to quash the corruption charges against him.
However, ruling in the application was stalled due to the absence of the judge.
The judge travelled out of Abuja to attend the burial ceremony of his brother who passed away on Wednesday.
At the last hearing, Defence Counsel, Mr Rickey Tarfa (SAN), brought an application seeking to quash the charges against Lawan and Emenalo.
“My lord, this application is seeking an order of the court quashing charges number FCT/HC/CR/76/2013.’’
Tarfa said the application was brought on the ground that the court lacked the jurisdiction and competence to try and determine the offences in the said charge.
He added that the conditions precedent to prefer same had not been fulfilled, thereby rendering the charges incompetent.
The counsel argued that the proof of evidence tendered by the Prosecution Counsel, Chief Adeboyega Awomolo (SAN), did not disclose the commission of any offence by the accused in the circumstance of the charge.
“My lord, the charge as constituted is devoid of essential ingredients to suggest the commission of the offences for which the accused stand charged,” Tarfa said.
Awomolo, however, urged the court to reject the application, describing it as frivolous and an abuse of court process.
“In view of this, we have filed a 12-paragraph affidavit and written address urging the court to dismiss the application.’’
He said the application sought to determine if the accused were entitled to see the written statement of the prosecution witness.
“It also seeks to know whether the court can look at the merit of the application seeking to quash the charges before trial.’’ (NAN
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Corruption: Purge Your Ranks, Jonathan Urges Labour


NLC-Jonathan-May-day-0105.jpg-NLC-Jonathan-May-day-0105.jpg
May Day
By Muhammad Bello
The organised labour in the country has been charged to put its house in order by purging its rank of members who are notably involved in shady deals adjudged to be corrupt practices that erode the federal government’s effort to checkmate the ugly trend of corruption in the country.

President Goodluck Jonathan made the appeal Wednesday at the centenary May day celebration at the Eagle Square, Abuja, in reaction to charges of corruption levelled against the government for its inability to curb the cankerworm by leaders of the Nigeria Labour Congress and the Trade Union Congress (TUC), Comrades Omar Abdul-Waheed and Peter Esele.

This is just as the president reiterated that the government’s transformation agenda is on course and working as a fundamental goal “geared towards placing the country on the path of sustainable progress where everyone can better achieve his or her dream.”
Details to come later

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Corruption delaying criminal justice in Nigeria–CJ



Scales of Justice
Scales of Justice
| credits:
Chief Judge of the Federal High Court, Justice Ibrahim Auta, on Tuesday identified corruption as the single most important factor delaying criminal justice administration in the country.
 Auta stated that sleaze in the system cut across judicial officers, police, lawyers, prisons officials as well as in government agencies.
Justice Abdul Kafarati represented the chief judge at the public hearing.
The hearing was on ‘Bill for an Act to Repeal The Criminal Procedure Act, Cap C41LFN, 2004; The Criminal Procedure Code, Cap C42LFN, 2004; The Administration of Justice Commission Act, Cap A3LFN, 2004; and Enact The Administration of Criminal Justice Act Applicable in Federal Courts and Courts of the Federal Capital Territory, to make provisions for speedy and efficient administration of criminal justice and provide for other matters related thereto, 2013’.
 It was organised by the House of Representatives Committee on Justice chaired by Mr. Ali Ahmad.
 Auta noted that while the proposed bill was relevant, what the criminal justice system needed was how to eradicate corruption through a change in attitude from the present way of dispensing justice.
 He said some provisions in the bill were already captured in the 1999 Constitution (as amended) and would have been unnecessary but for the fact that corruption had rendered them ineffective.
Auta said, “Corruption is the only reason that can explain the snail’s speed at which the administration of criminal justice is moving in Nigeria.
“If corruption is not effectively checked, it will be the curtains for judicial growth in Nigeria.”
According to him, corruption has compounded problems of endless adjournments and awaiting trials, forcing simple cases to drag in court for many years.
He named prisons and police personnel, lawyers, government agencies and “my colleague judges, who are not ready to do their job” as being responsible for the delays.
 Auta noted that while some judicial officers “farmed out” cases, some lawyers too preferred to go after fast moneymaking contracts to preparing their briefs.
The judge added, “Instances abound where a lawyer will attend court unprepared and such a lawyer goes through the motion asking the court for adjournment upon adjournment.
 “Some judges are looking for the slightest opportunity to avoid sitting.”
 The Speaker of the House, Mr. Aminu Tambuwal, who declared the session open, said the House pushed the bill in order to treat the “several afflictions” in the country’s judicial system.
He said, “Our criminal procedure has remained largely old and unresponsive to the quick dispensation of justice.”
 Tambuwal noted that the slow growth of the Nigerian economy was could be tied to the ineffective justice system.
 He argued that investors would not risk their money in a system that could not guarantee them justice in times of litigation.
 The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN), praised the “innovative ideas” in the bill, saying they could address the inadequacies in the existing Criminal Procedure Code and Criminal Procedure Act.
The AGF cited poor investigation by the police, awaiting trials and absence of alternatives to prison sentence as some of the impediment to quick criminal justice administration.
 Adoke, represented by the Solicitor-General of the Federation, Mr. Abdullahi Yola, said the new bill made clear provisions for the length of time a case could spend in court.

Source: http://www.punchng.com/news/corruption-delaying-criminal-justice-in-nigeria-cj/
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Nigeria’s biggest challenge is corruption – Saraki


BY HENRY UMORU
ABUJA — CHAIRMAN,Senate Committee on Environment and Ecology, Senator Bukola Saraki, PDP, Kwara Central, said yesterday that Nigeria’s biggest challenge at the moment was that of corruption of ideas not of money.
According to him, there is the need to be more professional and reduce government dominance in achieving the project of desertification.
Speaking when he received Dr Newton Jibunoh, a vast scholar and expert in desertification, Senator Saraki, who noted that he was encouraged by Jibunoh’s high knowledge and passion for desertification, said:  “ Nigeria’s biggest challenge is corruption and not just corruption of money but corruption of ideas.”
Commending the idea of late President Umaru Musa Yar’adua, who was interested in building trans-Sahara pipeline, Senator Saraki noted that to achieve this good framework, there was need for partnership, where knowledge will be transferred on salient issues that would lead to the success of the great idea, even along with National Assembly Committee on Desertification.
Saraki promised to push for a  Bill for an Act for the establishment of a desertification commission through the Ministry of Environment to actualise it, with partnership with relevant bodies.
He, however, appreciated Jibonuh’s willingness to share such rare knowledge he possessed in order to move Nigeria and Africa forward economically.
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Corruption related offences should not have any option of fine – CJ, Fed High Court


BY OKEY NDIRIBE AND EMMAN OVUAKPORIE
ABUJA — CHIEF Judge of the Federal High Court, Justice Ibrahim Auta, Tuesday, suggested that corruption-related offences should not have any option of fine in the dispensation of justice in Nigeria.
Speaking at a one-day public hearing on ‘the administration of Criminal Justice Bill 2013′ organised by the House Committee on Justice,  Auta said:  “When penalities are stiffened, the incidence of commission naturally comes down but when they are relaxed, the opposite is the case. Corruption related offences should not have any option of fine.
”Most of us still remember the hue and cry that greeted the discretion a judge recently exercised in favour of imposing a fine of N750,000.00 on a culprit who had allegedly stolen money running into billions.
”To most Nigerians that sounded like a slap on the wrist, but if there was no option of fine, at least, seeing the offender cooling off in prison would have been somewhat psychologically therapeutic. “
Speaking further on administration of criminal justice in Nigeria, Auta said corruption was the only reason that could explain the snail’s speed with which the administration of criminal justice was moving in Nigeria, adding that if it was not checked, it would curtail judicial growth in Nigeria.
Speaker of the House of Representatives, Aminu Tambuwal, observed that “as a country, we need to pay more attention to our laws, particularly those pertaining to the system of criminal justice administration.
”This is because it is impossible to have a sound economy without a solid foundation of good laws that can curb anti-social behaviours and other disruptive tendencies.
”As we develop plans and strategies for the economic and other forms of reforms, we also need to develop plans and programmes for creating sound laws and procedural systems consistent with our commitment with our legislative agenda.
”….It is a great disservice to our country when our criminal justice system is perceived as inefficient and incapable of punishing wrong-doing.
The Chief Judge of Nigeria, CJN Justice Miriam Alooma Muktar, represented by Justice Kumai Akkas, said “the administration of Criminal Justice Bill is a proposal for any Act to make provision for speedy and efficient administration of criminal justice in courts.
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Fayemi, unions decry corruption in judiciary



Ekiti State Governor, Dr. Kayode Fayemi
Ekiti State Governor, Dr. Kayode Fayemi
| credits: www.ynaija.com
Ekiti State Governor, Dr. Kayode Fayemi, and the state chapter of the Trade Union Congress have decried the level of corruption within the judiciary, describing it as a threat the development   of the nation.
Both Fayemi and the TUC chairman in the state, Mr. Kolawole Olaiya, said the judiciary, remained the bastion of hope for the people.
The governor, in a speech he delivered at Oluyemi Kayode Stadium, Ado Ekiti, during the Workers’ Day celebration, frowned on the activities of some judges, who he said, were ridiculing the judiciary.
Fayemi said, “Recently, somebody stole a phone set and sentenced to 45 years imprisonment  by a court  of law. But we learnt that somebody was alleged to have stolen a sum of N12bn pension fund, but he was sentenced to two years imprisonment or pay a fine. So, what manner of criminal justice is this?
“I am not saying that stealing of telephone set is good or supporting pilfering but  justice should not be perverted in favour of the rich people.”
The TUC  chairman lamented the way some rich people purchased judgment despite having embezzled the resources of the nation.
He said, “Sadly, the judiciary has dashed the hope of the people with their questionable judgements. Not quite long, the Federal Capital Territory High Court convicted Mr. John Yusuf of stealing N32.8bn pension fund. He was sentenced to two years imprisonment with an option of fine of N750,000.00. Can the judgment serve as a deterrent to would-be offenders? A biased and corrupt judiciary is a Hera to the growth of our democracy.”
Meanwhile, Cross River State Government on Wednesday said it was embarking on the construction of additional 1,000 housing units in Ikom, Odukpani and Ogoja under a Public-Private Partnership for public service workers in the state.
Governor Liyel Imoke, who said this in Calabar during the 2013 May Day celebration, said this was part of effort to provide affordable accommodation for its workforce for efficient service delivery.
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Perpetrators of corruption are organised labour members – Jonathan


President Goodluck Jonathan on Wednesday in Abuja called on organised labour to complement Federal Government’s efforts in fighting corruption in the country, noting that perpetrators of corruption are senior and junior members of labour unions.
Jonathan, who made the call at the Centenary May Day 2013 held at Eagle Square, however, called on the labour unions to organise a peer review programme with the objective of checking corruption and corrupt tendencies.
The President said such a programme would complement several efforts of the government in fighting the menace.
“Labour has been in the forefront of demanding for good governance and increased actions against corruption, and these issues are being vigorously tackled on various fronts.
“Prosecutions are being pursued in matters arising from fuel subsidy fraud, embezzlement of pension funds and other serious long-standing malpractices which have been demystified by this administration.
“Giving that some of these perpetrators are senior and junior members of labour unions, greater attention to peer review actions on the part of labour will be much appreciated,” he said.
Jonathan said the administration was leaving no stone unturned to upgrade the welfare of workers both in the private and public sectors.
“There is also a policy framework in place that will facilitate better relations between employers of labour and the government,’’ he said.
Jonathan called on labour to support government’s transformation agenda, which he said was geared toward creating jobs and wealth, and ensuring a better deal for Nigerians.
He said government was committed to creating a politically stable environment in which economic activities would flourish.
The President said the valuable contributions and sacrifices of the organised labour had assisted the government to achieve significant reforms in all sectors.
He extolled “the resilience and contributions of past labour leaders like Pa Michael Imodu and Pascal Bayfau, both of blessed memory’’.
Jonathan assured that government would continue to associate with the labour unions as they continue to play their roles in the nation-building process.(NAN)
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