The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has urged members of the judiciary to ensure speedy dispensation of justice in financial crime and corruption cases.
Fagbemi made the call on Monday in Abuja at a one-day roundtable on addressing corruption challenges in the country, organised by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in collaboration with the MacArthur Foundation.
The conference is themed, “Building a Unified Front Against Corruption in Nigeria”.
Fagbemi, represented by Victoria Ojogbene, a Director in the ministry, emphasised the need for unified efforts to win the battle against corruption.
He stressed that anti-corruption bodies must carry people at the grassroots along without favouritism and sentiment.
”We should not give in to sentiment in the fight against corruption in Nigeria, especially where we have been polarised along different factors,” he said.
Fagbemi noted that Nigeria, in spite of its immense potential, abundant resources, and dynamic population, faced corruption as a formidable barrier to progress and prosperity.
He said that corruption undermined institutions, distorts economic opportunities, and erodes trust vital for a secular society.
The ICPC Chairman, Dr Musa Aliyu, highlighted the commission’s collaboration with the 36 states Attorneys-General to ensure justice and transparency in public project execution.
Aliyu emphasised that corruption was a cancer that had eroded public trust, stifled economic growth, and perpetuated inequality.
The Chairman of the Senate Committee on Anti-Corruption and Financial Crimes, Sen. Udende Emmanuel, stated that corruption required a comprehensive and multifaceted approach, involving every segment of the society.
On his part, Dr Ben Odo, Chair of the Body of State Attorneys General, emphasised the need for effective collaboration among state Attorneys-General to combat corruption.(NAN)
The Minister of Justice, Lateef Fagbemi, has said that the justice sector under his watch would continue to push for mutuality in the formation and implementation of the national policy on justice.
Fagbemi said this at the 2024 National Judicial Summit on Justice Sector on Wednesday in Abuja, with the theme: `Repositioning the Justice System: Constitutional, Statutory, and Operational Reforms for Access and Efficiency”.
Giving a brief history on how the national judicial summit was born, Fagbemi said the idea was conceived in 2017 with the aim of providing a veritable platform for analysing, reviewing and accessing issues affecting the Administration of Justice in Nigeria.
“In furtherance of the above, we are developing draft constitution amendment bills which are aimed at achieving the aims of improved access to justice, deepening the independence and capacity of the judiciary, and eliminating delays in the administration of justice, among others.
“Justice Sector Summits were held in 2017 and 2022 and this summit offers us an opportunity to assess the successes recorded and challenges faced since these last summits.
“Specifically, it enables us to measure the impact of the reforms initiated by the National Policy on Justice (2017 – 2023), in the key areas of administration of justice: law enforcement, judicial proceedings, correctional services, restorative and traditional justice, legal education and practice, etc.
“At this summit we will validate and adopt the revised National Policy on Justice, 2024-2028 which is the product of extensive research work and consultations undertaken by critical stakeholders in the Justice Sector.
“Although, the draft policy itself is an ambitious document which aims to serve as a catalyst for the transformation of the entire justice system in Nigeria’’.
According to him, this is an opportunity to have a comprehensive assessment, review and consideration of issues militating against effective administration of justice in Nigeria.
“There will be a well-articulated broad road map of initiatives, actions and responsibilities for addressing and repositioning the justice sector to effectively and efficiently discharge its duties in enhancing national security: upholding the rule of law, promoting the protection of human rights, democratic principles and the socio-economic development of our nation.”
He highlighted some of the key interventions proposed to be pursued in the Revised National Policy on Justice, 2024.
The policy, he said, seeks to promote and protect human rights and access to justice which are essential features of a functional justice system.
According to him, it proposes practical and sustainable interventions in the implementation of statutory provisions encouraging protection of human rights and access to justice.
“It also seeks to improve mechanisms for fair and speedy dispensation of justice; detention and correctional services; restorative justice; alternative dispute resolution (ADR) – developing Nigeria into an arbitration hub on the continent; commerce and economic activities; compliance with treaty obligations; synergy and cooperation across the justice sector; and independence of the judiciary; among others,” he said. (NAN) (www.nannews.ng)
Minister of Justice, Lateef Fagbemi, SAN, says there is an urgent need to reposition the Justice sector for optimal performance and enhanced productivity.
Fagbemi said this at the Retreat of Heads of Agencies and Parastatals under the supervision of the ministry and selected Directors organised by the ministry on Thursday in Abuja.
“In line with the Renewed Hope Agenda and to facilitate the delivery of our mandates, the federal government is committed to building a Civil Service that is focused on Improved Staff Competences and skills.
“Improved Productivity and Human Resource Administration; Result based performance and meritocratic environment; and a value driven and digitally transformed Civil Service.
“At this retreat, we shall examine two pillars of the Reform Initiatives of Government under the Federal Civil Service Strategy and Implementation Plan (FCSSIP25) namely, the Performance Management System and Digitization.
“These two pillars form the bedrock for the successful performance of the Justice Sector Plan and must therefore be given priority in all our operations”.
He noted that it is also pertinent that the stakeholders take a cursory look at the Monitoring & Evaluation Policy of Nigeria.
“These government priorities and reform initiates exist to ensure good governance, effective service delivery and the optimal performance of Sectoral Plans in accordance with laid down processes and in synergy with the National Development Plan 2021 – 2025”.
He gave assurance that the retreat will offer stakeholders a valuable break from routine official engagements, providing a platform to relate as a sector, with a view to apprising their respective roles; as well as to brainstorm on strategies needed to achieve their mandates.
“On Nov. 3, 2023, the President signed a Performance Bond with Cabinet Ministers and Permanent Secretaries, which will serve as a scorecard for ministries.
“The Solicitor General of the Federation and Permanent Secretary and myself, signed a Performance Contract with the President, promising to ensure the performance of the Ministerial Deliverables assigned to the Ministry.
“The Sector Plan contain 15 Ministerial Deliverables; 49 Key Performance Indicators (KPIs) Base lines and Targets”.
He noted noted that this Performance Bond came with initiatives, deliverables, key performance indicators, timelines and targets, which the sector must unconditionally achieve.
“One of the key performance indicators of this meeting is to cascade the signed bond to ministry’s management and chief executive officers of the agencies.
“Therefore, it is imperative that we all come together to critically understand this performance bond and the variables and be well apprised on what is expected of us to achieve as a ministry or agency.
“It is worthy of note that the Justice sector is pivotal to the attainment of the objectives of other sectors, as well as attaining the universal role of the law as a veritable enabler for development.
“Particularly, the sector is a key catalyst or stimulator for economic growth, investments drive, and revenue generation, among others”, he added. (NAN)
The Minister of Justice, Lateef Fagbemi, SAN, says plea bargain enhances the quick recovery of stolen assets and proceeds of crime.
Fagbemi said this at the unveiling of the ‘Plea Bargaining Guidelines for Federal Prosecutors, 2023 and the maiden sensitization workshop on the Guidelines on Tuesday in Abuja.
“Under section 494(1) of the Administration of Criminal Justice Act (ACJA), 2015, Plea Bargain is well described as the “the process in criminal proceedings whereby the defendant and the prosecution work out a mutually acceptable disposition of the case.
“This include the plea of the defendant to a lesser offence than that charged in the complaint or information and in conformity with other conditions imposed by the prosecution, in return for a lighter sentence than that of the higher charge subject to the court’s approval.
“It is also one of the mechanisms that can facilitate cost effective, timely and sustainable decongestion of Custodial Centers”.
He, however, noted that the practice of plea bargaining in serious and complex cases especially when the defendant is a politically exposed person or high net individual, is often misunderstood as a means of giving soft landing to individuals who have looted the resources of the State and commonwealth of the nation.
“This negative perception was more common prior to 2015 when there was no specific statutory provision regulating the practice of plea bargaining.
“Today, this perception has not significantly changed notwithstanding the provisions of section 270 of the Administration of Criminal Justice Act, 2015.
And, similar provisions in the Administration of Criminal Justice Laws of the various States of the Federation which now provide for plea bargaining.
“This has necessitated the need for standard guidelines for the implementation of plea bargaining provisions contained in our laws”.
He said the objective of these guidelines is to, inter alia, guide the prosecution and the defence in reaching a plea bargain agreement that is in the interest of justice, the public interest, public policy and the need to prevent abuse of legal process.
He added that the guidelines unveiled would promote standardisation, enhance the effective implementation of the plea bargaining provisions in the ACJA and significantly contribute and stimulate overall efficiency of the criminal justice system in Nigeria.
“The effective deployment of plea bargain provisions will therefore reduce the financial cost of prosecutions, hasten trial processes, eliminate uncertainty of trials, facilitate the quick return of stolen assets and generally enhance the efficiency of the Criminal justice system”.
He noted that considering these advantages, he counted it a great privilege to encourage states to adapt or adopt the provisions of these guidelines, especially when dealing with plea negotiation of federal offences.
The minister said the guideline was a product of a cumulative effort of all the prosecuting agencies and other stakeholders.
“I must therefore commend the efforts of every stakeholder institution, particularly all the prosecuting agencies involved in the production of these Guidelines for your dedication and commitment to the reforms in the Criminal Justice Sector especially towards the development of these Guidelines.
The minister said It was his conviction that these guidelines will not only enhance public confidence in plea bargaining process in Nigeria, but will reduce case backlog and congestion of correctional centres.
“It will ensure that the principles of accountability, equity, integrity and transparency are observed in the exercise of prosecutorial discretion on plea bargain, in line with international best practices”.
Also speaking, the Chief Justice of the FCT High Court, Justice Husseini Baba-Yusuf described the new guidelines as the newest addition into the armoury of the Nigerian Criminal Justice System protocol and procedures.
Plea bargaining, he restated, had become one of the prominent features in the criminal justice system of many jurisdictions across the globe including Nigeria..(NAN)(www.nannews.ng
The Minister of Justice, Mr Lateef Fagbemi, SAN, has called for the implementation of non-custodial measures and sentencing guidelines under the Administration of Criminal Justice Act, 2015 to reduce the country’s growing number of awaiting trial inmates.
Fagbemi made the call at the two day workshop on the Implementation of Non-custodial Measure and Sentencing Guidelines under the Administration of Criminal Justice Act, 2015 on Monday in Abuja.
The AGF was represented by Mrs Leticia Ayoola-Daniels, Director of Administration of Criminal Justice and Reforms Department/Correctional Unit of the Federal Ministry of Justice.
He also encouraged trial judges to stop remanding minor offenders with dangerous criminals, which he said led to them being introduced into a life of crime rather than being reformed.He stated that the goal of non-custodial measures is to discover viable alternatives to incarceration for offenders.
The aim of the workshop is to share knowledge on the effective use of these instruments that will lead to a decrease in arbitrary punishments, uniformity in punishments ;and utilization of alternatives to imprisonment to decrease the population of awaiting trial inmates.
“In discharging that function, the sentencing Judge must strive to achieve the right balance between imposing a merited sentence in the case at hand, while maintaining a broad level of consistency with other cases so that sentencing at a systematic level is fair.
“The Administration of Criminal Justice Act was enacted and came into force on May 13, 2015, the Act placed premium on non-custodial sentences.
“In line with ACJA 2015, the Federal Government has set out guidelines to stipulate the requirements and procedure for imposing Non-Custodial sentencing for the purpose of preventing abuse and ensuring reasonable uniformity and fairness in the imposition of sentences”.
He said that the order to facilitate the application and effective use of the non-custodial sentencing, the legal and regulatory framework must be effectively implemented.
“The purpose of non-custodial measures is to find effective alternatives to imprisonment for offenders and this is in accordance with the current global shift in punishing convicts with alternatives to prison terms.
“The aim of the trend is to give the judges and magistrates much latitude and discretion to award befitting and purposeful punishment to convicts aside the punishment suggested by the statute creating the offence.
“Since the coming into effect of the Practice Direction in 2020, the sentencing landscape has continued to develop rapidly and extensively”.
He said that the use of non custodial measure has facilitated reduction in correctional facility to the barest minimum in line with section 470(2)(c) of the Administration of Criminal Justice.
“The guidelines provides appropriate standards and measures for the sentencing process in offence against the State, Person, Public order for the purpose of uniformity and fairness in sentencing which will further strengthen the criminal procedure system.
“The success of any system of criminal justice administration depends on the level of effective implementation of the guidelines by the agencies involved.
He noted that the courts have handed down many more sentencing frameworks to guide the exercise of sentencing discretion in a broadly consistent way.
“It is my believe that this workshop would provide a timely opportunity for us to reflect on recent developments, so that we can look to what might lie ahead of us in the context of sentencing in our courts.
“We have seen countless cases where defendants are arrested for minor offences and locked up in prisons adding to the population of awaiting trial inmates.
“These offenders remanded with hardened criminals end up being initiated into a life of crime instead of been reformed”.
He hoped that the Non custodial measures and sentencing guidelines will be more operational and effectively implemented in order to achieve the objectives and purposes of the reforms in the criminal sector.
“The Federal Ministry of Justice as the leading stakeholder in the Justice Administration in Nigeria will continue to develop appropriate frameworks and measures to overcome the unique challenges in the Criminal Justice sector and strengthen the application of law to align with International best practices”. (NAN)
Mr Lateef Fagbemi, the Attorney General of the Federation and Minister of Justice, has described corruption as a major challenge which depletes national wealth and erodes trust in the system.
Fagbemi said this in Abuja at the senstitisation workshop on the revised guidelines on negotiation and drafting agreements by government parties to prevent corruption, Illicit Financial Flows (IFFs) and ensure sustainable development.
The workshop was organised on Tuesday by the Independent Corrupt Practices and Other Related Offences Commission (ICPC)
“Corruption is indeed a challenge to the rule of law and it is undoubted that the political system loses its legitimacy when power is used for private advantage.
“It depletes national wealth and erodes trust in the system,” he said.
Fagbemi, who noted that there could not be any substantial development without stemming corruption, said that the Federal Government is poised to tackle the menace headlong in the nation.
He observed with concern that corruption is being promoted by IFFs and arbitrary award of contracts.
From Left: Mr Lateef Fagbemi, the Attorney General of the Federation and Minister of Justice, The Chairman of ICPC, Prof Bolaji Owasanoye and Mr Taiwo Oyedele, Chairman Presidential Committee on Fiscal Policy and Tax reforms at a sensitisation workshop organised by ICPC on Tuesday in Abuja
He said that Federal Government is working towards promoting more effective and transparent management of public resources as well as well-functioning institutions to combat IFFs.
Fagbemi said that government had put in place measures to deter corruption in negotiation and execution of contracts.
“The government has taken measures aimed at ensuring that all contracts within Federal Executive Council’s threshold are properly vetted.
“As we have discovered that a major source of drain on our national purse is the increasing utilization of litigation and arbitration.
“This is sometimes funded by litigation sharks, to foist contracts and agreements that were ab initio procured through bribery and corruption on Nigeria,” he said.
Lateef Fagbemi, the Attorney General of the Federation and Minister of Justice (L) and, The Chairman of ICPC, Prof Bolaji Owasanoye at a sensitisation workshop organised by ICPC on Tuesday in Abuja
According to him, one thing is however clear, there can be no sustainable development without stemming corruption and IFFs.
He noted that key to fighting corruption and IFFs is the methodology of approach.
“Experience has however shown that law and order approach alone is not sustainable. Effectiveness and efficiency require a nuance combination or well-tailored mixture of governance reforms, prevention and sanctions.
“It is estimated that Nigeria loses an average of $1-18 billion annually to illicit financial flows, more than 60 per cent of which is due to commercial IFFs which would be largely prevented with capable negotiation, drafting transparency and patriotic zeal.
“Consequently, the methodology adopted with this workshop is a preventive effort aimed at enlightening key stakeholders charged with the responsibility of negotiating contracts on behalf of Government in the contents of the Revised Guidelines.
“This would hopefully deter corruption in negotiation and execution of Government contracts, which is part of the Federal Government’s Ministerial deliverables on Improved Governance for Effective Service Delivery,” he said.
According to him, the Federal Ministry of Justice is therefore committed to supporting initiatives undertaken by MDAs which are aimed at engendering transparency, efficiency and preventing corruption.
“Equally at the ministerial level, the ministry has developed policy documents and specific mechanisms to ensure transparency and reduce incidence of bad judgment awards.
“Which always arise from poor drafting or drafting of Federal Government Contracts with malafide intention against the country and its citizenry, particularly as it relates to contracts within the threshold of the Federal Executive Council,” he said.
The Chairman of ICPC, Prof Bolaji Owasanoye, noted that Nigeria had continued to experience corruption, IFFs, litigation and arbitral proceedings that could have been avoided with specific guidelines, better negotiation skills, aptitude, patriotism and professionalism.
Dignitaries at the at the senstitisation workshop on the revised guidelines on negotiation and drafting agreements by government parties to prevent corruption, Illicit Financial Flows (IFFs) and ensure sustainable development. on Tuesday in Abuja
“Information in the public domain shows that odious contract terms through which Nigeria has been fleeced through IFFs were oiled by a combination of bribery and corruption, competence and capacity deficiency.
“Also through negligence of negotiators, unpatriotic legal professional services in the chain of drafting, negotiating, signing, and contesting litigation or arbitration arising from some of such agreements,” he said.
He said that the workshop was to provide guidance on how to prevent corruption and IFFs in the course of negotiating and drafting of contracts and agreements in doing government business.
“The guidelines that this sensitization workshop is grounded upon was reviewed by experts, improved upon and tested via different capacity building activities implemented by ICPC between 2019 and 2022.
“This is done with local and international experts in furtherance of ICPC mandates of preventing corruption and advising MDAs on ways of minimizing corruption and adopting systems and processes for better efficiency and transparency,” he said.
Cross section of participants at the at the senstitisation workshop on the revised guidelines on negotiation and drafting agreements by government parties to prevent corruption, Illicit Financial Flows (IFFs) and ensure sustainable development. on Tuesday in Abuja
Amb. Yonov Agah, Director-General/Chief Trade Negotiator, Nigerian Office for Trade Negotiations (NOTN), lauded ICPC for the production and dissemination of the guidelines to the wider public and relevant stakeholders.
He said the guidelines also underscore the unwavering resolve to uproot corruption and ensure the prudent utilisation of public resources.
He said this would cultivate an environment not only conducive for sustainable economic growth and development, but also a better future for the country.
He said that crafted guideline is a navigational tool capable of safeguarding the national interest against possible corrupt practices, while drafting and negotiating agreements.
“This important tool should ensure that agreements in Nigeria serve as blueprints for progress rather than as fertile grounds for corruption and illicit activities,” he said(NAN)(www.nannews.ng)
