Tuesday, 23 February 2016

THE YOUNG LAWYERS ROLE IN THE FIGHT AGAINST CORRUPTION

“Lawyers must not be allowed to take advantage of their profession to frustrate trial of a suspect. We have a duty to this country as ministers in the temple of justice” Femi Falana {SAN} The president of the Nigerian Bar Association, Augustine Alegeh {SAN} at the National Executive Committee meeting of the NBA held in Jos, Plateau State on 18th February, 2016 reiterated in his speech that the war against corruption can be won within the ambit of the law, “Counsel have a duty and are trained to prosecute or defend… it is laughable that an agency of Government would retain counsel to prosecute persons accused of corruption but frown at counsel representing such persons. What is good for the goose is also good for the gander” The fight against corruption seems to be making major headlines in the political scene, and we cannot deny the importance of the judiciary in achieving any meaningful result, equally important are the operators of the judiciary i.e the legal practitioners. The Chairman of the Economic and Financial Crimes Commission {EFCC} Ibrahim Magu was reported to say “Lawyers were frustrating the trial of treasury looters” and I wonder the reason for such, but I beg to differ because what the Chairman might see as frustration may just be a lawyer on the other side doing his job. It is understood that the Anti-graft agency are under pressure to recover looted funds and also secure a conviction, but in doing this they must be aware that the lawyers role is to represent his clients within the ambit of the law, nothing more and representing a client charged with corruption related offences doesn’t make the lawyer corrupt. The truth is, Lawyers can be involved in corruption in a number of different ways without their knowledge or acquiescence, and as minister in the temple of justice, we must endeavour to distinguish our roles as advisors, solicitors or advocates when representing clients, especially when active participation is involved and distance ourselves from celebrating criminality. Young lawyers can assist the fight against corruption by refusing to aid clients in corruption related offences like money laundering, or obstruct government agencies from carrying out their job, insist on due-diligence when creating legal structures for client or acting as intermediaries for transactions, avoid contribution of any sort to a judge that may be considered to “sweeten” the decision making of My Lords. The fight against corruption would be undermined if parties do not act in accordance with the rule of law, both parties must conform with the provisions of the law, any other way would be tantamount to sweeping corruption with another corruption.

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