Wednesday 13 June 2018

Nyame's Sentence And Nigeria's Judiciary

NYAME’S SENTENCE AND NIGERIA’S JUDICIARY
       On Wednesday, 30th May 2018, a Federal High Court sitting in Abuja categorically sentenced an erstwhile executive governor of Taraba State, Mr. Jolly Nyame to fourteen years imprisonment owing to fraud.
       It would be recalled that the convicted politician was fiercely charged to court with 41 counts of misconduct by the Economic and Financial Crimes Commission (EFCC). But he was eventually found guilty of 27 counts.
       It’s noteworthy that he was sentenced with no option of fine for diverting N1.64 billion while he served as governor between 1999 and 2007. It suffices to say that the charges were placed against his person the moment he bowed out of office.
       The Judge, Adebukola Banjoko sentenced the defendant to four different terms in prison, having found him guilty beyond doubts, of receiving gratification, obtaining public funds without due consideration as well as criminal breach of trust.
       The various sentences include a term of prison for two, five, seven and fourteen years, respectively. According to the judicial custodian, the terms are expected to run simultaneously, meaning he would serve only 14 years in jail unless the conviction is upturned by a court of higher jurisdiction.
       This is arguably a welcome development and a milestone in the history of the Nigeria’s anti-graft war, hence the need for concerned Nigerians to reignite their seeming lost or dying hopes as regards the anticipated outcome of numerous other ongoing criminal prosecutions in the country, even though the convicted person still has the right to appeal the verdict.
        Taking into cognizance the concluding part of the above paragraph, it’s indeed pertinent to enjoin the higher judicial custodians, including the Court of Appeal and the Supreme Court, to endeavour not to sweep justice under the carpet if the conviction is consequently brought to their jurisdictions.
       Aside the need to do the needful, they must acknowledge that the prosecution of the case in question conspicuously lingered for eleven years before the verdict was served, thus ought not to uphold such anomaly that has ostensibly become a norm in the country’s judiciary.
        It’s not anymore news that the reason the teeming citizenry have become pessimistic and weary about the acclaimed corruption fight is not unconnected with the prolonged duration of virtually every prosecution being carried out by any supposed court of competent jurisdiction. The unabated existence of the aforementioned menace is unequivocally a harbinger of collapse of our judiciary if apt corrective measure isn’t taken in earnest.
        However, I’m strongly of the view that some clauses were missing, or perhaps silent, in the verdict served to Mr. Nyame by the Abuja High Court. For the conviction to be whole, it would have been accurate for the court to order the outright confiscation of the ill-gotten properties of the former governor. Similarly, he would have been directed to return the squandered or misappropriated funds.
        Since he was sentenced with “no option of fine” as was pronounced by the judge, he wouldn’t have been exempted from refunding the stolen monies or a reasonable percentage of it. It would equally be apt to confiscate the possessions supposedly acquired by the embezzled public funds. These are the clauses that were omitted or silent in the verdict.
        Nevertheless, we mustn’t forget in haste that the judgement couldn’t have come at a better time than now the people are almost giving up on the government in the aspect of war against sharp practices. This implies that there’s need to, at least, put up a sigh of relief at this juncture.
        But, as we celebrate, we shouldn’t overlook the fact that the leadership of the Nigeria’s judiciary ought to be reminded in strong terms that a lot has really gone wrongly in the sector, hence the compelling need to swiftly make amends toward averting the foreseen avoidable decay.
        The conditions of squalor we have abruptly found ourselves could be well eradicated if the various judicial officers begin to comprehend that they aren’t aides of any political office holder but independent officials.
       These gentlemen of the bar and bench must not wait until they are reminded that the country’s extant laws are in their custody before they could start concentrating only on the needful. They shouldn’t wait till their memories are refreshed with the fact that they are expected to strictly interpret the law irrespective of whose ox is gored before they would stop misplacing priorities with frivolities.
        Inter alia, acknowledging that some of these judicial custodians often resort to collection of gratification from indicted individuals or corporate bodies, it’s needless to state that their respective remunerations are meant to be taken seriously by the governments at all levels. As a result of the poor working conditions usually faced by them in different quarters, they end up falling prey to the predators.
        As this rotten tooth is exposed, we must note that several other hidden teeth are fast decaying thus need to equally be expunged from the dental hub before they cause untold damage to the overall system. Think about it!

Comrade Fred Nwaozor
National Coordinator, Right Thinkers Movement
__________________________________
frednwaozor@gmail.com
Twitter: @mediambassador            
     

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