Sagay, Osipitan, Others Advocate Jury Trial System

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Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) has called for the re-introduction of the jury trial system to fight corruption.

Sagay’s view were shared by Prof Taiwo Osipitan (SAN); Chairman, House of Representatives Committee on Justice, Mr Razak Atunwa; and Economic and Financial Crimes Commission (EFCC), Acting Chairman, Ibrahim Magu.

They spoke  at a symposium on ‘Salvaging Nigeria’s Criminal Justice System: The Jury Option.’

It was organised by the Nigerian Bar Association (NBA), Ikeja Branch Human Rights Committee in collaboration with The Jury Justice and Rectitude Advocacy Initiative.

Sagay said that justice, particularly in corruption cases, cannot be successfully disposed of unless ordinary laymen and women are legally empanelled to decide the guilt or innocence of persons charged with crimes of bribery and corruption.

Sagay, in his opening remarks as chairman, said he came to this conviction after coming out of the shock that enveloped him following judgment of the courts on corruption charges against some Judges.

“ After my recovery from the shock, it dawned on me that legal knowledge could make judges prone to legal technicalities, creating a barrier between technical law and justice”.

He noted that the usual excuses for huge deposits in judges’ accounts are “marriage of judges’ daughters, death of judges’ relations like father, mother, aunt, uncle” among others.

Sagay said he supported the abolition of the jury system in 1976 by the military because he believed that laymen could easily be influenced or subjected to other people’s interest and instructions and that a judge, more likely would uphold the integrity of the judicial system among other reasons.

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He lamented that in recent years, a lot of evidence has established that some judges cannot be relied upon to uphold the integrity of the judicial system.

To buttress his positions, he cited the judgment in case of a judicial officer charged with corruption.

He said judgment in the matter showed that there is es spirit de corps among the judges.

Prof Osipitan, after a detailed explanation of the jury trial system and how it operates in some countries around the world , suggested that it should first be introduced in relation to capital offences in selected economically viable states.

Osipitan who delievered the keynote paper at the occasion, also suggested the introduction of special Bar and special Bench for the system to work in the country.

He, however, observed that the jury trial system can only be effective in  country with a mostly efficient and up to date data of its citizens.

“Foremost, Nigeria must first update its database system. The National Identity Card database and INEC database might be very helpful if the decision is to introduce jury trial in criminal cases”, he said.

Magu, who was represented by Seidu Atteh, said the commission would accept any trial system that would assist it in fighting corruption cases successfully.

Earlier in her welcome address, the chairperson of the NBA Ikeja Human Rights Committee, Mrs Carol Ibharuneafe, said symposium’s theme was  necessitated by the fact that society has not been aware of the inadequacy  of the criminal justice system.

Ibharuneafe pointed out that with high profile cases amongst public officers, the lapses in the law have been exposed and necessitated a “review to make it work for our society.”

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Although there have been suggestions from various stakeholders, she said  the facts remain that whether special or more courts, they will still be presided by only one person, the judge.

“Given the high propensity of some of our judicial officers to be compromised, those suggestion may achieve little or nothing, hence the jury option”, she said.

The Nation

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