Looters’ trial: Controversy trails composition of Jus Salami’s panel

*Stakeholders raise conflict of interest among members

*Want CJN to remove ex-NBA presidents

*Pending petition against ex-NBA boss before EFCC

Francesca Iwambe, Abuja

A cross-section of senior lawyers and other stakeholders in the judiciary on Thursday expressed concern that the appointment of some senior lawyers into Justice Ayo Salami-led anti-corruption trial monitoring committee will adversely affect the work of the committee.

The senior lawyers want the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to revisit the panel list and ensure that acts of those appointed do not create conflict of interest that would compound the problem for the judiciary.

The former NBA presidents on the list are the current president of the association, Mr. Abubakar Mahmoud (SAN); Chief Wole Olanipekun (SAN); Mr. Olisa Agbakoba (SAN); Mr. Joseph Daudu (SAN) and Mr. Augustine Alegeh (SAN).

Speaking during a telephone interview with The Daily Times correspondent, Chief Emeka Ngige, SAN, questioned the credibility of the panel, saying, until the former presidents of the NBA are dropped from the panel, nothing good will come out of the committee.

This, according to him, is because most of the lawyers whose names appeared as members of the panel are big lawyers who are actively involved in the profession as well as the prosecution of corruption cases.

He said: “Some of the names (especially former NBA presidents) who are listed as members in the Justice Salami panel on corruption cases are currently defending their clients in various courts, so to now put them on the same panel with Salami will create a lot of conflict.

“It is going to cause problem between the committee and the CJN because the judges Salami is monitoring will not be comfortable to see a defendant lawyer before him. He will believe that if he gives a verdict that is not favourable, the lawyer will write a negative report against him” Ngige said.

On its part, the Socio-Economic Rights and Accountability Project, SERAP, urged the CJN to use his “good office and position to urgently revisit and review the composition of the Panel.

The organisation proposes “that for the Salami Committee to perform its tasks effectively and with propriety, it should preferably be composed entirely of members of the judiciary, particularly drawn from available pool of brilliant and incorruptible retired judges.”

SERAP Executive Director, Adetokunbo Mumuni, said that “While the international law does not prohibit some representation of the legal profession or academics, there is need to select candidates who had in the past demonstrated their commitment to the fight against corruption,” adding that “doing this would ensure accountability, keeping the independence of the judiciary intact and un-compromised”.

Mumuni added that until the issues raised are resolved, Nigerians would continue to have doubt in their mind as to the ability of the Salami committee to discharge its mandates effectively and with propriety, and would have a right to have a doubt.”

Meanwhile, a petition to investigate the immediate past president of the NBA, Augustine Alegeh, SAN, over allegations of misappropriation of the Association’s funds and abuse of office is currently pending before the Economic and Financial Crimes Commission (EFCC).

Alegeh was recently named by the CJN as a member of the Justice Salami anti-corruption panel.

A copy of the petition sighted by our correspondent was written by Lawyers for Justice and signed by Seth Amaefule and Dotun Hassan.

The petition was received and stamped by the EFCC on September 14, 2016.

The Lawyers for Justice alleged in the petition that Alegeh had during his tenure as NBA president corruptly enriched himself.

They further alleged that Alegeh estate at No: 24 Illabere Avenue, off Macpherson Street, Ikoyi, Lagos, and his large country home yet to be completed in GRA, Benin City, were allegedly acquired through the proceeds of crime.

They also accused him of allegedly receiving colossal sums as donations for the NBA building project which he was said to have diverted for personal use.

The petition reads in part, “When Alegeh was sworn in on August 2014, and at the time Schaums Nig Ltd was at the first floor stage of the NBA building. The said contractor continued to roof and block works stage when by strong arm and self-help, Alegeh invaded the said premises, while the building contract was not terminated. Mr. Alegeh took over the building project using “direct labour” approving and paying money to himself via proxies. Against ethical and lawful conduct, he retained his position as chairman/CEO of Tratrix Engineering Limited during his NBA presidency from August 2014-2016″.

The Daily Times recalls that besides Justice Salami who is the chairman, other members of the committee are the Chief Judge of Borno State, Justice Kashim Zannah; the Chief Judge of Imo State, Justice P.O. Nnadi; the Chief Judge Delta State, Justice Marsahal Umukoro; and the Chief Judge of Oyo State, Justice M. L. Abimbola,

Other members include Dr. Garba Tetengi SAN; Mrs. R.I Inga, a representative of Non-Governmental Organisations; representative of Ministry of Justice; representative of Institute of Chartered Accountants of Nigeria (ICAN) and the Executive of Secretary NJC, Gambo Saleh.

The Committee’s primary functions include regular monitoring and evaluation of proceedings at designated courts for financial and economic crimes nationwide.

Other functions of the committee also include advising the CJN on how to eliminate delay in the trial of alleged corruption cases; giving feedback to NJC on progress of cases in the designated courts; conduct background checks on judges selected for the designated courts; and evaluating the performance of the designated courts.