LEGAL LUMINARIES

LAWYERS SEEK BETTER ENFORCEMENT OF THE  LAW
 Going by the information on its website, the Code of Conduct Bureau got its legal mandate in 1989 “against the backdrop of large scale fraud and corruption which have become prevalent in the civil service” in Nigeria.
While the CCB is said to have charged many alleged defaulting public officers before the Code of Conduct Tribunal and has secured conviction in some cases, much of its prosecutorial activities escaped public attention.
Some observers identified political interference as the major obstacle on the path of law enforcement in Nigeria.
A Lagos-based lawyer, Mr. Yemi Omodele, while attesting to the fact that Nigeria has robust laws to take care of almost every situation, said rather than operating as independent institutions, the various law enforcement bodies are tied to the whims of the ruling government.

According to him, the situation is unlikely to get better until these bodies stand as institutions which run automatically and independently of the government of the day.
Omodele said, “I am aware that all these laws have been there for long but the enforcement of these laws has been the problem. If the government of the day gives free hand to the agencies, they will be able to discharge their duties as regards the enforcement our laws. But a situation where the government of the day does not give the agencies free hand to operate, those agencies, be it the Economic and Financial Crimes Commission, the ICPC, CCB and the rest, will not be able to perform.
“The spirit of the law is automatically killed when the executive interferes or prevails upon the judiciary.
“To better enforce our laws, the government in power should allow our agencies to operate under a free atmosphere. There should not be interference between the executive and the judicial arm of government.”
Another lawyer, Mr. Dele Adeogun, said justice will not be seen to have been done if the anti-corruption agencies are being perceived as instruments of vendetta in the hands of the government or political parties.
Apart from calling for better education of the citizenry on the existing laws and the stipulated punishment in cases of violations, Adeogun also canvassed for a situation where the laws of the land are in operation at all times regardless of political seasons or body language of the government of the day.
Adeogun said, “There is a need to create awareness. What I found out is that it is only when politicians want to get at their opponents that they remember that these laws are there. But if conscious effort is made by the executive, by the legislature, by the judiciary, as well as even the fourth estate of the realm, that is the press, to help us to understand that some of these laws are in place, things will improve.
“Take for example most of the traffic laws; there are certain things that most of us do in violation of the laws. Most of these roads have speed limits; some are 40 kilometres per hour, some are 60 kilometres per hour, but you find drivers doing 80, 90 on those roads.
“So, if for any reason tomorrow the FRSC caught somebody who is doing 80 or 90 or a 40 kilometres per hour road, he would say it is because they don’t like me or perhaps it is because they are out to get me or it is because I belong to this political party. I have gone to a pedestrian issue like the road signs.
“We need to start from the point of educating our people concerning specific areas of our laws; once we have done enough education, then enforcement can follow.
“Let the CCB begin with enlightenment, taking a cue from what is happening to the Senate President and we should not be too quick to punish, we should start from enlightenment so that other people will not run afoul of the laws and then tomorrow if we begin to try maybe the Speaker of the House of Representatives or a governor, people will not start saying that it is because he belongs to one political party or because he decided to contest contrary to his party’s instruction. Now this issue of alleged false assets declaration should not start and end with Bukola Saraki.”
Also speaking was another lawyer, Mr. Declan Kemdirim, who identified lack of political will as the major setback in the enforcement of the various existing laws in the country, a situation which has allowed impunity to fester.
Kemdirim, who observed that law enforcement agencies in Nigeria have not been able to operate independently of the government in power, said one way to ensure that existing laws are adequately enforced is to shop for leaders, who have the needed will power to tackle corruption.
“It is basically lack of political will; nothing more, nothing less. We have sufficient laws; we have so many laws to take care of all the challenges we are facing in this country, the problem is that we generally lack the political will to enforce the laws.
“The best way to guarantee the enforcement of these laws is to elect leaders who are ready to enforce the laws. It is as simple as that. And then, we should also strengthen our judiciary,” Kemdirim said.
  From the Punch