Tobi Soniyi in Lagos
A civil society organisation, Socio-Economic Rights and Accountability Project (SERAP) has asked the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to remove legal practitioners from the Justice Ayo Salami-led Corruption and Financial Crime Cases Trial Monitoring Committee (COTRIMCO).
In an open letter to the CJN signed by SERAP’s Executive Director, Mr Adetokunbo Mumuni, it stated that allowing legal practitioners to be members of the committee would result in conflicts between the work of the committee and the private practice of some of its members who are handling high-profile cases of corruption involving politically exposed persons (PEPs).
SERAP therefore asked the CJN to urgently revisit and review the composition of the committee.
It stated that for the Salami committee to perform its tasks effectively and with propriety, it should preferably be composed entirely of members of the judiciary, particularly drawn from available pool of brilliant and incorruptible retired judges.
SERAP noted that while international law did not prohibit some representation of the legal profession or academics, the CJN in selecting people from these fields as members of the committee should do so based on their demonstrable commitment to the fight against corruption, and after extensive consultation, and a thorough scrutiny of the candidates’ past record of legal practice, to eliminate possibilities of bias and conflict of interest.
The organisation said doing this would ensure accountability as well as keeping the independence of the judiciary intact and uncompromised.
“SERAP believes that until the issues raised in this letter are satisfactorily addressed, Nigerians would have a doubt in their mind as to the ability of the Salami committee to discharge its mandates effectively andwith propriety, and would have a right to have a doubt,†the letter added.
The group said it welcomed and shared the CJN’s commitment to promote judicial accountability and combat corruption in the judiciary.
It said: “We share your Lordship’s vision of a judiciary that is corruption-free, and demonstrates the fundamental principles of independence, impartiality and integrity. An independent and impartial judiciary is indeed essential for the enjoyment of the right to a fair trial and effective and efficient administration of justice, as well as the credibility of the entire justice system.â€
NJC had last week approved the appointment of Salami as chairman of the 15-member COTRIMCO.
The has some judges and senior lawyers as members.
They include Chief Judge of Borno State, Justice Kashim Zannah; Chief Judge of Imo State, Justice P.O. Nnadi; Chief Judge of Delta State, Justice Marsahal Umukoro and Chief Judge of Oyo State, Justice M. L. Abimbola. Others are representative of NJC; representative of non-governmental organisations, representative of Ministry of Justice; representative of the Institute of Chartered Accountants of Nigeria (ICAN); President, Nigerian Bar Association (NBA), Abubakar Mahmoud (SAN); Chief Wole Olanipekun (SAN); Olisa Agbakoba (SAN); Mr. J.B Daudu (SAN); Mr. Augustine Alegeh (SAN) and Dr. Garba Tetengi (SAN).
The committee is to regulate and monitor proceedings at designated courts for financial and economic crimes nationwide; advise the CJN on how to eliminate delay in the trial of alleged corruption cases; give feedback to the NJC on progress of cases in the designated courts and conduct background checks on judges selected for the designated courts. The committee is also expected to evaluate the performance of the designated courts.
