President Muhammadu Buhari is in a dilemma over how to ensure the judiciary does not frustrate his plans to stem corruption in the country, THISDAY has learnt.

Investigations revealed that the president is trying to figure out how the judiciary can be  reformed to execute his agenda on the prosecution of corruption cases.

The president’s fears are not without basis. Many corruption cases filed by anti-corruption agencies have been pending at the courts several years after they were filed. The judiciary is often blamed for the delay.

If past experiences are anything to go by, the president’s plan to embark on the mass prosecution of corruption cases may end up dead on arrival.

The president fears that the judiciary, as presently constituted, is an impediment to the fight against corruption.
However, the president is relying on Vice-President Yemi Osinbajo to come up with a solution.

In this wise, a select group comprising Justice Olubunmi Oyewole of the Court of Appeal, the Deputy Chief of Staff to the Vice-President, Mr. Rahman Adeola Ipaye, two lawyers based in Lagos — Messrs Femi Falana (SAN) and Tunde Irukera — managing partner of Osinbajo’s law firm SimmonsCooper Partners, Professor Bolaji Owasanoye, and Mrs. Maryam Uwais, has been constituted by the vice-president.

The committee, THISDAY gathered, has been making suggestions on how to handle the judiciary.

Investigations revealed that one of the group’s proposals culminated in the constitution of the Presidential Advisory Committee on Anti-Corruption recently set up by Buhari which has Professor Itse Sagay (SAN) as its chairman.

To ensure continuity, Owasanoye was made the secretary of the committee.

The advisory committee has no judge serving or retired as its member even though part of the committee’s remit is to advise the president on how to reform the criminal justice system.

It was also learnt that the committee’s mandate remains nebulous. When THISDAY contacted the secretary of the committee, Owasaoye, he claimed that the committee had terms of reference and promised to email a copy.

But several weeks after, no term of reference has been sent despite several reminders.

Moreover, statements by the chairman of the committee have left no one in doubt as to the fact that the committee has no clear terms of reference.

Since he assumed office, Buhari has not hidden his dissatisfaction with the judiciary. It is not surprising, said a source in the presidency, that no serving or retired judge has made it into his numerous appointments so far.

It was also learnt that the group coordinated by Osinbajo but led by Justice Oyewole came up with the suggestion that practising lawyers should be appointed directly into the Supreme Court and consequently one of such new appointees could be appointed the Chief Justice of Nigeria (CJN) who will in turn drive the reform envisaged by the president.

This will enable the president bypass the age long practice of elevating a justice of the Court of Appeal to the Supreme Court.

However, a source familiar with the issue said that some retired CJNs kicked against the move.

The former chief justices were said to have advised that experience and background in handling cases as judges must be one of the criteria for anyone to be appointed to the highest bench.

They however agreed that the president could make appointments directly into the Court of Appeal, but opposed doing the same for the Supreme Court, saying that it would set the wrong precedent at this time when there are more than enough qualified judges.

But analysts fear that the continued alienation of the judiciary will do the president no good.

“Some of the issues the president wants resolved can be handled administratively by the leadership of the judiciary, if only he will engage those at the helms of affair,” a senior lawyer who did not want to speak on the record, said.

The lawyer cited the amendments to practice direction proposed by the only female CJN, Justice Mariam Alooma Mukhtar, who retired last year.

Before her departure, Mukhtar initiated sweeping changes in practice direction across the courts that would enable courts to conclude criminal cases on time as against the present system where it takes years to conclude such cases.

She worked with chief judges of high courts, the Abuja High Court, and presiding justices of the various divisions of the Court of Appeal to put in place a system that could reduce the time it takes to conclude cases.

Under the scheme, a model practice direction was developed for all courts to fast-track trials of offences involving terrorism, rape, kidnapping, corruption, money laundering, human trafficking and related matters.

The practice directions also cover appeals to the Supreme Court and the Court of Appeal.

The new practice direction for the Supreme Court requires lawyers to leave their phone numbers and emails so that notices of court sitting can be communicated to them quickly.

Titled: "Criminal Appeals Relating to the Offences of Terrorism, Rape, Kidnapping, Corruption, Money Laundering, Human Trafficking and Related Matters," the new practice direction seeks to establish a specialised system of case management in the Supreme Court that will provide for fair, impartial, expeditious administration of criminal appeals arising from cases listed above.

The president fears that the judiciary, as presently constituted, is an impediment to the fight against corruption.
However, the president is relying on Vice-President Yemi Osinbajo to come up with a solution.

The president’s fears are not without basis. Many corruption cases filed by anti-corruption agencies have been pending at the courts several years after they were filed. The judiciary is often blamed for the delay

omenka:
The strength of a chain they say is in its weakest link- in this case, our courts.

Buhari's fears isn't without bases indeed as some judges have already began to show their reluctance to do thing rightly- take the judge preventing the prosecution of the senate president on a case bordering on money laundering and theft.

My biggest problem is- as the judges pussyfoot over these, all the blames would be directed at the president and some people would go- there is no difference between Buhari and Jonathan.

God help us.

omenka:
The strength of a chain they say is in its weakest link- in this case, our courts.

Buhari's fears isn't without bases indeed as some judges have already began to show their reluctance to do thing rightly- take the judge preventing the prosecution of the senate president on a case bordering on money laundering and theft.

My biggest problem is- as the judges pussyfoot over these, all the blames would be directed at the president and some people would go- there is no difference between Buhari and Jonathan.

God help us.

Flets:
Exactly how you know an inept and unserious government.

After spending over three months screaming probe on the pages of newspaper, they just realized they needed a working judiciary to achieve an anti-corruption probe.

When we said it back then that sanitizing the judiciary was the first move towards corruption fight... they called us wailers and further told us that Buhari will jail all of us as if we were in a military dispensation. Illiteracy is our biggest problem as a country

Flets:
Exactly how you know an inept and unserious government.

After spending over three months screaming probe on the pages of newspaper, they just realized they needed a working judiciary to achieve an anti-corruption probe.

When we said it back then that sanitizing the judiciary was the first move towards corruption fight... they called us wailers and further told us that Buhari will jail all of us as if we were in a military dispensation. Illiteracy is our biggest problem as a country

funlord:


Get the national assembly to pass a bill and insert into the constitution a clause specifically for the creation of special courts to be manned by barristers, sans etc that would be granted special autonomy to investigate and deliver judgements in line with the cases of corruption before them on behalf of the government! Limit the age limit for the lawyers in charge of these special apellate courts to be not more than 50 and not less than 24 and watch how a new set of lawyers will write their names in gold!

chukwudi44:
Buhari has no constitutional power to regulate the judiciary!!! The useless committee he set will end up wasting our taxpayers money as whatever decisions they reach cannot be implemented unless it becomes law(which of course will have to go through the NASS).


The law currently does the give the president to chose or appoint Judges to handle cases!!! that is the prerogative of the state CJs,CJN,president of the court of appeal and the National Judicial council!!! The president does not exercise control over any of these officials neither can he force them to do his biddings.

midolian:
when did you say it back then? And who called you wailer for saying it? You don't have to lie to make a point, bro! This has rolled out from the tongue of every well meaning Nigerian. Everyone knows the way out is sanitizing the judiciary and that is what Mr president has been working on. He has mentioned it several times (from day 1)