03 June, 2013

IT’S TOUGH FIGHTING CORRUPTION IN NIGERIA – WAZIRI

Former Chairman of the Economic and Financial Crimes Commission (EFCC), Chief (Mrs.) Farida Waziri describes the Chief Justice of Nigeria, Justice Mariam Aloma Mukhtar, as a tough lady, one who has all it takes to sanitize the judiciary. She also offers advice on how to have a corruption-free Nigeria

Moves to sanitize judiciary
You cannot successfully fight corruption without a good justice system and the adequate laws. When Justice Aloma Mukhtar became the Chief Justice of Nigeria, I hailed her because I know that she is a very tough lady; she is a woman of integrity and I know that sooner or later, she is going to take care of the judiciary. That is what she is doing now because she has taken bold steps to clean up the judiciary and I am sure it is just a matter of time, things will be normalized in that sector. When I was EFCC Chairman, I cried out on the type of laws in place to fight crime. On so many occasions, I said we wanted a special court just like the election tribunal and other courts. I proposed that we should have a special court and give a time frame for the determination of the cases, so that corruption cases will be expeditiously dealt with. It is even in the interest of the accused to have the court in place because justice delayed is justice denied. I am very happy at what is happening now because it shows that she is a woman who can give Nigerians what we want in the justice sector.
Evidence Act
I have said so many times that our Evidence Act has been existing since 1945. The Evidence Act we inherited from the colonial masters is still what Nigeria is using today, until June 3, 2011, when there were some amendments to the Evidence Act. Evidence is key to trial because it is the fact that you will put together and present to the judge to enable him reach a reasonable conclusion. There are so many old laws that should be expunged from our stature book. Some of the laws we have been using are imported laws from our colonial masters. By now, we should have reviewed all our laws to suit us. In the Penal Code Law, there was a law called brigandage. Brigandage could be taken for robbery today. At the time some of these laws were made, there were no internet, no telephone, no cyber-crime or cyber-space, no facebook, no Advanced Fee Fraud and many others. There were just little offences like stealing, burglary and theft but look at what we have now, the world is changing, it is globalized and the environment is not static. We need to review all our laws and expunged all dead laws from our stature books. The National Assembly should make laws that are acceptable to Nigerians, which we will all understand. When I was in charge at the EFCC, unless and until I was ready to go to court, I don’t approach the court. Before going to court, I have a legal department that will look at the cases very well before taking an accused to court. Apart from the legal department of the commission, I also engage external solicitors that will sit down and discuss and agree to amend charges before going to court.
Justice Talba’s suspension
The laws need to be reviewed because the judge acted within the law. The sentence he passed on John Yusuf is in our law book. The judge did not manufacture the provisions of the law he used to sentence John Yusuf. It is in the law book. If the law provides for the law he used in sentencing John Yusuf, what do you want him to do? But if you look at it again, the judge could have used his discretion in passing the judgement. The corruption in Nigeria is endemic; everybody is crying that we would not have been where we are now if we had done things the right way. Monies meant for roads, pipe borne water, powers, health facilities and schools are diverted into private pockets. Someone wrote an article that influential people in the country no longer board an aeroplane with others anymore, they all own private jets now. This is a country where some people have not seen N1000 in one week, yet, many go around in private jets. When you look at the circumstance of the situation and the mood of Nigerians, you will know that people are angry about the judgement. Corruption is much in the country. We have so many arm-chair critic in the country but if you give them the responsibility they will fail. Some of the critics criticize because they do not have the opportunity, if they have the opportunity, they will not do what they claim that they will do. People that are very committed to the project Nigeria are very small. What the judge did was not something strange because he acted within the provisions of the law.
Amendment to the Evidence Act
The amendment done in the Evidence Act in 2011 was not much but the only one that touches my heart was the admissibility of electronically generated evidence (computer). Can you imagine that before the amendment was carried out, computer evidence is not admissible in our courts! Illegal monies ‘flies’ from here and pass through about three countries before it get to their safe haven. Those havens do not have any other business other than banking. Banking is their only source of revenue generation. Countries like Cayman Island, Seychelles and others do not have other source of revenue other than banking because they are small countries. They sit on monies that come to them because that is what they use to take care of their own people. I met with them in Cambridge, when I was in office on the need to track these monies and they said it was impossible for them to know whether the monies are legal or illegal. I told them that they can discover good money from bad money if they really wanted to. All they need to do is to confirm from where the monies are coming from. But they will not do that because it suits them.

Source: Blueprint

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