| EFCC has no power to
try ex-govs
By ADESINA AIYEKOTI
Wednesday,
October 31, 2007
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Chief Robert Clarke
Photo: SunNews Publishing
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A prominent lawyer, Chief Robert Clarke (SAN), has faulted
the power granted to the Mallam Nuhu Ribadu-led Economic and
Financial Crimes Commission (EFCC) to investigate former governors
over alleged corrupt practices, describing the action as illegal
and unconstitutional.
He, however, added that the former president, Chief Olusegun
Obasanjo had succeeded in using the anti-corruption commission
as political tool.
“Obasanjo was using EFCC because it paid him to do so
and I believe it worked for him,” Clarke said.
The Senior Advocate, while speaking with Daily Sun on the
state of the nation and the rule of law, stated that only
the Independent Corrupt Practices Commission (ICPC) and the
Nigerian police have the constitutional powers to investigate
former governors.
According to Clarke, under the Nigerian constitution, the
power to control the funds of a state government are vested
in the Finance Committee of the House of Assembly.
Constitution and Electoral Reform Panel
I do not intend to look at those in the committee because
they are all Nigerians. Secondly, they are people who have
shown their worth in various fields of endeavour. Reforms,
whether they are done today or tomorrow, mean nothing. It
is the operators of the reforms that are the main issue, when
it comes to the time to put them to use. The Electoral Act,
as it stands today, is a masterpiece of good legislation.
Partnership
All over the world, partnership is the best thing, whether
in accountancy or legal practice. To achieve a success in
running a law firm, the best thing to do is to go into partnership.
By doing that you bring out the best, but unfortunately, it
has not been given a place in Nigeria because it does not
survive the test of time.
Pupillage
It is important for a young lawyer to undergo pupillage in
a law chamber for at least five years, after his/her programme
at the Nigerian Law School.
A young lawyer who leaves the law school and starts on his
own will only get easy money but no experience.
A young lawyer, who goes to a good chamber may not have the
money within the first five years of practice, but the difference
between him and another lawyer who did not, would become clear
after five years, the experience he would get in chamber would
be enough for him to establish a law chamber if he wishes
to do so.
Eradication of charge and bail lawyers
It is not possible to eradicate charge and bail lawyers. It
is part of the legal profession, but we must not encourage
it. It is the circumstances that create them, not lawyers.
The circumstances of our judicial system in Nigeria creates
it. Once a suspect is brought to court, there is no way you
won’t need lawyers who will bail him .
Election petition tribunals
My first election petition matter was in 1978 in Damaturu.
Also in 1979, I singularly handled all the election petitions
of the defunct National Party of Nigeria (NPN) in Borno State
and since then, I have been handling so many election petitions
in the country. To win an election petition, it must be proved
that there are irregularities and that they affected the election.
Rule of law
It is a necessary instrument in any governance. Without the
rule of law, there is no governance. Without the rule of law,
there is no organised society.
Production of lawyers
I don’t believe that we have too many lawyers in the
country. Along with economic progress, we need lawyers in
all aspect of our society. |
