Why EFCC, ICPC can’t nail criminals, by CJN

Many Nigerians who have been worried by the low level of conviction secured by the anti-graft agencies in spite of the numerous cases of corruption they seem to be handling, may be interested to know that the agencies themselves usually bungle the cases, making the suspects go free.
The Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, gave this hint at the weekend when a delegation from the Nigeria Electronic Fraud Forum (NEFF) paid him a courtesy visit.
According to the jurist, anti-graft agencies in the country often fail to successfully prosecute high profile criminal cases, and corruption cases, because they bungle them up, and present shoddy cases which cannot stand in court.
The CJN, noted that the agencies conduct shoddy investigations before rushing accused persons to court, in some cases, with “up to 200-count charges brought before the court”, a procedure which he said “makes mockery of the constitution and the laws”.
Justice Mohammed insisted that problems associated with adjudication of criminal cases were not mainly from the courts, but that “It is in the investigation, collection of evidence, presentation of the cases and trial”.
The NEFF delegation led by the Deputy Governor (Operations) at the Central Bank of Nigeria, CBN, Alhaji Suleiman Barau, told a team of Supreme Court Justices that received them alongside the CJN that the reason for their visit was to create a synergy between the NEFF and the judiciary in anticipation of increase in electronic fraud.
He hinged the anticipated rise in e-fraud on imminent increase in electronic payments in the country following the take-off of ‘cash-less policy’, which he said already has a pilot project in Lagos State.
The CJN continued, that “Courts cannot carry out investigation and our security agencies must be encouraged to carry out investigation-led arrest and not arrest-led investigation”.
The CJN stressed that once suspects are charged to courts, there should not be too many counts of offences (charges), stressing that for anti-graft agencies to successfully nail accused persons, they must, at least, call a witness or more on each count in the charge.

Read also: Politicians blame judges, yet pervert justice – CJN

“In some cases up to 200 count charge are brought before the court which is a waste of court’s time and makes mockery of the constitution and the laws”, he added.
The CJN told the delegation that most Superior Courts in the country, including the Supreme Court, have enacted Practice Directions on Serious Crimes like Money Laundering and Fraud, saying the aim is to fast track the adjudication of cases and ensure speedy trial of accused persons.
He said that the judiciary, as a matter of principle, gives priority to fraud or criminal cases, especially those brought on appeal to the Supreme Court and the Court of Appeal.
“I wish to assure the Forum that the Judiciary will stand with the Bankers’ Committee in providing an effective solution to electronic fraud and other ancillary issues.
“Indeed, it is our hope that soon Nigeria will become a major destination for the movement of capital and investment”, the CJN added

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