The long delay in the prosecution of these former governors accused of corruption is certainly not the fault of the Economic and Financial Crimes Commission (EFCC). That aspect is a conspiracy between the Senior Advocates who are representing these suspects and the courts before which the cases are being prosecuted. In fact, the Senior Advocates now have a specialisation of criminal defence in that area. The idea is to meet every charge with a preliminary objection against jurisdiction. The Senior Advocates who defend them bring obstacles to the case instead of defending them.
They introduce different obstacles by bringing in frivolous preliminary objections which they now followed tenaciously even up to the Supreme Court without going to the substance of the case and the judges allow them to do it. So, the judges too are colluding with them by allowing them to do it because a judge needs not allow them to do that.
The judges can insist that if you have a preliminary objection to raise, it must be raised and will be taken along with the substantive matter. But they don’t do that, they allowed them to take on preliminary matter to Supreme Court and come back again without the issue being touched. For us to see through these cases, the judges must use their discretion in insisting that if you raised a preliminary objection, they will hear it but they must also hear the substantive issue together with the preliminary objection. So, you state your preliminary objection, argue it and the other side will reply, then the other side will bring the criminal case, you will defend then I will give judgement on both at the same time.
So, when you finish and you are not happy, you go to the Court of Appeal, you are going with everything, nothing is left behind so that by the time they finish the series of appeal to the Supreme Court that will be the end of the case. But as it is now, after 12 years and we are still on preliminary objections, then what happen, there is prosecution fatigue.
The Ministry of Justice is tired, the EFCC is exhausted, the policeman who did the investigation has retired or dead, the evidence is scattered and everything becomes vague and remote, and quietly the case begins to die. So you can see why the first set of governors who were investigated and prosecuted are still walking free in the society. On whether the efforts of the EFCC is somewhat belated, I want to say that it can never be belated because there is no statutory time limit for crime cases, even in 100 years’ time from now except if those involved are dead, otherwise there is no statutory limit for the prosecution of crime. But as for motivation, the EFCC like many of these weak Nigerian institutions, dance to the body language of the government in power.
They knew that the Jonathan government, which was deeply weak against corruption, will not want any vigorous investigation and prosecution of any corrupt public officials because these are people actually representing, sponsoring or in partnership with that government. So, that is why the EFCC withdrew its fangs, lay low and do nothing so as not risk their own position.
But now that we have a government that is determined to pursue corruption out of this country and ready to support any institution set up to do that, that is why the EFCC is now coming out of its shell and doing the work for which they were appointed.
The Chief Justice of Nigeria, President of the Court of Appeal, Chief Justice of the states and the Federal High Courts should lay down practice direction to state clearly that any issue of preliminary objection against any case of corruption should be tried along with a substantive issue and not just taken alone as an objection. I have personally written to the Chief Justice of Nigeria on this issue about six months ago and he has not acknowledged it. So, it seems that this thing is being tolerated all over the country at the highest level and it is such a tragedy.
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