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May 12, 2024

Rule of law, effective prosecution top Lawyers’ demands from AGF

Lateef Fagbemi Kindly share this story: Lawyers speak to ONOZURE DANIA on their expectations from the new Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) On August 21,

Lateef Fagbemi

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Lawyers speak to ONOZURE DANIA on their expectations from the new Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN)

On August 21, 2023, the 24th Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), assumed office after he was sworn in by President Bola Tinubu at the Aso Rock Villa, Abuja.

Fagbemi, who has a legal career spanning close to four decades, took over the mantle to make a difference. Out of all the ministerial portfolios, the only one directly created by the 1999 Constitution is that of the AGF and Minister of Justice.

Fagbemi, an accomplished lawyer, became a Senior Advocate of Nigeria within 10 years at the Bar; the minimum statutory period of active legal practice a lawyer must reach to qualify for the rank.

The 64-year-old hails from Ijagbo, Oyun Local Government Area of Kwara State. He graduated from the University of Jos, Plateau State, with a Second Class Upper degree in Law in 1984. He bagged a master’s degree in Law from the Obafemi Awolowo University, Ile-Ife, in 1987.

A year after completing his law degree at the University of Jos, he was called to the Nigerian Bar in August 1985, marking the beginning of his 38 years of flourishing legal career. The office of the AGF plays a significant role in national security and also a major factor in the economic well-being of the country.

Fagbemi succeeded Abubakar Malami, (SAN), who served in former President Muhammadu Buhari administration for nearly eight years.

Fagbemi , during his ministerial screening as Nigeria’s Chief Law Officer, had disclosed that he would seek the merger of the country’s anti-corruption agencies like the Economic and Financial Crimes Commission and the Independent Corrupt Practices Commission and other Related Offences.

He had said, “The DSS cannot be an island unto itself. No. It is better to have bad laws in place administered by good men than to have good laws in place to be administered by bad men.”

Speaking on the agenda set for the 24th AGF, Dr Olisa Agbakoba (SAN), described Fagbemi as an extremely brilliant colleague. He said,” I watched the AGF’s appearance before the Senate. I feel he will make fundamental reforms to the criminal justice system and general administration of Justice.”

Prof Akinseye George (SAN), who congratulated the new AGF, said the President had chosen a round peg in a round hole. “But the new AGF must remember that a term of four years is very short,” he said.

George stated that Fagbemi must hit the ground running and should consider prioritising the welfare of judges.

“Too much funds stolen in the last eight years are frustrating the economic recovery programmes of the present administration. Without a clear policy on anti-corruption (prevention and asset recovery), the economy will continue to haemorrhage.

“Strengthen law enforcement by rescuing the Nigeria Police Trust Fund from the massive plunder and abuses going on there. This would release more resources for the implementation of community policing under the Police Act to make the presence of the police felt in all locations throughout the country,” he said

George further stated that the AGF should work with the judiciary to clear the backlog of appeals, especially in the Supreme Court. He said the AGF should,” Work with the NBA to revamp professional ethics and strengthen the integrity and accountability system within the Bar. Work with the National Assembly and Civil Society to improve the administration of justice- minimise delays and corruption in the system. Enact a Civil Justice Reform Act similar to the Administration of Criminal Justice Act, of 2015. Support ongoing efforts to improve the ACJA 2015.”

He also advised the AGF to “set up a National Victims Compensation Fund to be used to attend to the needs of victims of violence all over the country. This can be done in conjunction with the humanitarian affairs ministry and international humanitarian organisations.”

George also charged Fagbemi to, “Develop a strategic plan for the Justice Sector that will attract investments to the country and deal decisively with the problems of pre-trial detention, extrajudicial killing, violent extremism, delay in the administration of justice, declining respect for the rule of law and generally improve access to justice and human rights.”

Giving his recommendation to the AGF, Jibrin Okutepa (SAN) stated that he “must exhibit the character and attributes of a true and patriotic Attorney General.

“This great pan-Nigerian of extraordinary huge legal knowledge is going to the office of AGF at a time where the confidence of the people in the legal profession has gone down considerably in geometric proportions.

“Huge challenges are ahead of him. One of the immediate challenges he will need to tackle very fast is how to restore the already lost confidence of Nigerians in the rule of law and due processes in Nigeria.”

Okutepa further stated, “The poor and those who have no connections believe rightly in my view that it’s easier for a camel to go through the eyes of a needle than to get justice quicker and faster in Nigeria. Even when judgements are delivered it is difficult to realise the fruits of those judgments.

“He is going to the office of AGF when the legal profession is in dire need of radical reforms. Most of the judgments of our courts are just based on procedural justice or procedural questions rather than judgments that demonstrate scholarship that meets the needs of the vast majority of our people.

“He must look at the Supreme Court and find ways to decongest that court. Full compliments of the justices of that court with modern equipment for conductive judicial business should be pursued with evangelical commitments.

Similarly, Ken Ahia (SAN) stated that Fagbemi is a thoroughbred professional and versed in law and believes in the rule of the law.

“I have no doubt that he will bring professionalism to that office, and under his watch, the brazen disobedience of court orders will be totally reduced.”

On his part, Tayo Oyetibo (SAN), stated that Fagbemi fits the bill. Knowledgeable, level-headed, and serious-minded. He has integrity expected to carry out far-reaching reforms in duplicated statutory agencies, civil justice systems, electoral laws, and rights of appeal.

Another lawyer Joesph Otteh said the rule of law is one of the important issues that the AGF needs to look into.

He stated that given the way the rule of law was reviled and defiled under the last administration, and how this undermined judicial institutions and authority, leading to the blatant and widespread disobedience of court orders and judgments, there is a clear to restore the place and authority of the rule of law in governance and to redress its many past breaches in every single case that is still pending.

Another lawyer, Joseph Otteh, said the rule of law should be one of the important issues that the AGF needed to look into.

He said given the way the rule of law was reviled and defiled under the last administration, and how this undermined judicial institutions and authority, leading to the blatant and widespread disobedience of court orders and judgments, there was a clear need to restore the place and authority of the rule of law in governance and to redress its many past breaches in every single case that is still pending.

Otteh said Fagbemi must demonstrate to Nigerians and the global community that this is no longer a government of outlaws, but is a country the international community can do business with.

“He must also strengthen the accountability of law and security institutions, given that the current framework for holding these institutions accountable for acts of lawlessness amounts to very little. Courts, of course, cannot do so given the presence of obnoxious, colonial-type obstacles – like the draconian requirement to obtain Attorney’s General consent under the SCPA – before monetary judgments are enforced.

“Some of the obstacles impeding our nation’s ability to operate professional, efficient and accountable law enforcement and security services are rooted in weak systems of oversight and accountability, but these are not very difficult gaps to close where there is a political commitment to do so.

“We look forward to the AGF making the most of the opportunity to rebuild faith in the rule of law in Nigeria and wish him Godspeed,” Otteh said.

Also, Sola Ephraim-Oluwanuga described Fagbemi as a forthright individual, independently minded with a sterling record of practice at the Bar.

Ephraim-Oluwanuga also stated that “effective implementation of the Arbitration and Mediation Act, 2023 among other laws will make Nigeria an effective destination as a seat of international Arbitration.”

Mrs Philomina Nneji, who mentioned that Nigerians were eagerly awaiting better governance, said, “The indigent and vulnerable members of society should have a voice. Inclusiveness with respect to persons with disabilities should be ensured. The AGF should be very resolute and be seen standing for the people of Nigeria, not for the executive. He should be resolute in ensuring that the rule of law is in place.”

Similarly, another lawyer, Vincent Adodo, stated that the new AGF must ensure the enthronement of the rule of law in the task of governance. Adodo also stated that the ugly situation witnessed under the immediate-past AGF, where these agencies disobeyed court orders at will and with impunity, should not be allowed to rear its head.

He said a country reputed for disobedience to the rule of law could not attract meaningful foreign investment which Nigeria desperately needed to boost the ailing economy.

On the diligent prosecution of corruption cases, he described corruption as one cankerworm that had eaten deep into the fabric of our nation, and the reason Nigeria, although the seventh largest oil-producing country in the world, had become the most poverty-ravaged country in the world.

“The office of the AGF under Fagbemi must ensure diligent prosecution of cases of mismanagement and/or embezzlement of public funds by public officials whether of the political class or the civil service cadre.

“The issue of corruption by public officials must be treated with all the seriousness it deserves to ensure that citizens of Nigeria reap the benefits of its God-endowed wealth which unfortunately is now being cornered and plundered by a few at the expense and detriment of the majority,” Adodo said.

Adedeji Adejuwon, on his part, stated that the office of AGF was created by virtue of Section 150 of the 1999 Constitution. He said the 24th AGF of Nigeria, in the person of Lateef Fagbemi (SAN), is qualified as the AGF constitutionally, academically and in candour.

Adejuwon noted that Fagbemi is the present Lead Counsel of the 2023 All Progressives Congress Presidential Election Petition Legal Team, leading a team consisting of other Senior Advocates of Nigeria.

“It must be noted, however, that the AGF is the custodian of law in the federation. And as a senior member of the Bar that he has distinguished himself through hard work, and dedication over the years in practice, he will be quickly reminded not to destroy the legacy he has built through the years within this time as the AGF.

“As the Chief Law Officer, the AGF must be able to advise the executive in Council, vis-a-vis the presidency on the excessive use of powers. The AGF must be able to comport and compel the presidency on the need to obey the rule of Law and more importantly court order,” he said.

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