Malami: Why govt loses some high profile cases

Experts seek increased funding for investigations

Attorney-General of the Federation (AGF) Abubakar Malami (SAN) on Tuesday blamed the loss of high profile cases in courts due to lack of proper investigation.

According to him, the investigative capacities of anti-graft agencies must be strengthened if the Federal Government’s anti-graft crusade must succeed.

Malami spoke in Lagos during a national training of investigators who were drawn from the anti-corruption agencies, the Federal Ministry of Justice, the police, Department of State Services, among others.

It was organised by the Centre for Socio-Legal Studies (CSLS), headed by Prof Yemi Akinseye-George (SAN), in collaboration with the Federal Ministry of Justice.

The AGF, represented by the Federal Justice Sector Reform Co-ordinating Committee (FJSRCC) Secretary Mr Felix Ota-Okojie, said there was a gap between investigation and prosecution that must be filled.

He said: “This seminar represents effort to build synergy and capacity of the various justice sector institutions, particularly in the area of criminal justice administration. There cannot be a successful prosecution without a thorough investigation. I think this is central to this seminar.

“Our experience in this country has shown that it is that lacuna between investigation and prosecution that is responsible for the not-too-successful cases that we have witnessed.

“This has raised cause for concern from the public as to why the prosecutors are not able to secure conviction in cases that seem to be very obvious. This is why we must continue to work to see how we can bridge that gap, so that both investigation and prosecution can be effective.

“Stakeholders also need to share experience. This training is also in furtherance of the ministry’s leadership role in ensuring that we drive the process of implementing the Administration of Criminal Justice Ac (ACJA), which if effectively implemented, will actually improve criminal justice in the country.”

Prof Akinseye-George said there was the need for greater focus on investigators’ work, which he said would necessitate establishment of minimum standards and guidelines, and monitoring and evaluation of performance.

He said there was also the need for accountability for non-performance and low productivity, provision of incentives, regular training opportunities and reward for exceptional performances.

“Those investigating high profile corruption cases for example should be protected, well-resourced and insulated from the corrupting influence of moneybags and high profile defendants who have all the resources to influence outcome of investigations,” he said.

The eminent professor of law decried excessive reliance on confessional statements by investigators and prosecutors to win convictions, which he said causes delays due to trial-within- trials.

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“It is pertinent to adopt new investigative trends which leverage on modern technology and forensics,” Akinseye-George said.

Lagos Attorney-General and Commission for Justice Mr Adeniji Kazeem urged investigators to see corruption as a crime against humanity, adding that the government must do more to protect those he described as the first line of defence in the anti-graft war.

He said Governor Akinwumi Ambode has given approval for the equipment of statement recording rooms in police stations in compliance with the Criminal Justice Law of State and in line international best practices.

“We identified 15 police commands, including the state command headquarters, to establish state of the witness processing rooms with recording equipment,” he said.

Among challenges highlighted by participants are: use of obsolete investigative equipment and methods, inadequate working facilities and logistics due to poor funding, lack of incentives, lack of training and capacity which leads to incompetence, inter-agency rivalry which results in poor sharing of information, corruption among staff, lack of public support and apathy, conflicting laws, lack of forensic tools, bureaucratic bottlenecks, among others.

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