NBA supports FG in fight against corruption
The Nigerian Bar Association, rising from its quarterly National Executive Committee (NEC) meeting in Jos, has commended the Federal Government on its war against corruption, promising to collaborate with it within the ambits of the law.
Speaking at the just concluded NEC meeting, the NBA President, Augustine Alegeh said, “The war against corruption is raging on several fronts. The NBA restates its zero tolerance for Corruption policy as well as its commitment to work with Federal Government of Nigeria and all willing Federal Government agencies to contribute its quota in the battle to kill corruption before corruption kills Nigeria.
The president however called for caution as any conviction without due process may be perilous to the justice process and thus impeding the anti-corruption campaign.
“ We must also stress that the war against corruption must be fought within the ambit of the law and rule of law must at all times be given primacy. The war against, corruption can be won within the ambit of the law. There is no need to resort to any other means other than legal means to win the war against corruption. There appears to be the need to draw attention to the essential elements of a proper trial in accordance with Law.
There must be a Prosecution and a Defence. If one is absent there cannot be a fair trial. The duty of the Prosecution is to Prosecute not persecute. The prosecution has a duty to the temple of justice to bring all facts before the Court even if some may aid the defence.
“ Where the prosecution is found to have withheld any such evidence, any conviction obtained is liable to be set aside. The duty of the defence is to present the defence of the Defendant AND NOT to make up a defence for the defendant. Where this happens, counsel risks disciplinary sanction, if reported. I have labored to draw attention to this position in view of the erroneous view being wrongly peddled by some persons that lawyers in defending persons accused of corruption are aiding corruption. Far from it. Counsel have a duty and are trained to prosecute or defend. Whichever position they may take they are carrying out legitimate duties and cannot be wrongly classified as persecuting or aiding corruption. It is laughable that an agency of Government would retain Counsel to prosecute persons accused of corruption but frown at Counsel representing such persons. What is good for the goose is also good for the gander.
Finally, the constitutional guarantee of innocent until proven guilty remains alive and well.
A person accused of corruption MUST be presumed INNOCENT until a conviction is secured. This fine constitutional point appears lost to few persons who seem to believe that persons that are accused are already convicted. If it is appreciated that persons accused are constitutionally presumed innocent then their dignity and their human rights must be guarded jealously. We continue to collaborate as it is apparent that there is work to be done on all fronts in the fight against corruption.” Alegeh said.
Earlier, the Plateau State Governor, Rt. Hon. Simon Bako Lalong, who declared the Meeting open, urged members of the legal profession to support the anti corruption war of the Federal Government and to constitute a clog on the anti corruption war.
He said, “The Bar and the Bench have a critical role to play in making the anti corruption war a success. We have a duty to ensure we at least get to a stage, where our common wealth are not flagrantly and arrogantly pilfered, by those who should be held to the highest threshold of accountability. Mr. President’s body language is clear and it is that, it will not be business as usual, and he is fully committed to bringing to book all those who are found guilty.
“While we submit that the rule of law must be respected in the prosecution of this war, Lawyers as Practitioners in the Temple of Justice and patriotic citizens, must ensure that individually and collectively, we do not constitute ourselves into clogs in the wheel of the progress that is being made, in saving our country from the labyrinth of the plunderers of our common wealth. The sense in this call is that, with our resources rightly mobilised and applied to the assessed needs of our people, not only will we be surmounting the challenges of health care and under-development we are battling with, but we will also be opening up our country, to the multiple opportunities that abound for our socio-economic well being.
“I must therefore add that we must ensure through the National Judicial Council (NJC), the Bar and Bench, to enforce the necessary discipline needed to put a check on the compromises and culpability of our learned Jurists and colleagues at the Bar, who should out of conscience, professionalism and a conscious concern for posterity lead the pact in the fight for the soul of our Nation”. Lalong stated.
In his speech, the Plateau State Attorney – General and Commissioner for Justice, Jonathan Mawiyau thanked the NBA for holding its NEC meeting in Jos at this time. He said: “This is coming at a point when the State Governor, Rt. Hon Simon Bako Lalong, himself a lawyer has worked and made sure that peace, the twin sister of tourism with which the State is known, has returned to the State. Doubtless today we are all credible witnesses to the fact that , having tasted of it . In deed today on the Plateau State, the Lion and the Lamb are pasturing together and romancing one another.
“The above feat has been achieved largely through the free flow of justice resulting from Gov. Simon Bako Lalong’s administration’s observance and strict adherence to the rule of law. I express my gratitude to the Governor who has presented me the framework with which to establish an effective justice system in the State” Mawiyau stated.