Malami’s Indelible Footprints in Justice Administration
Sunny Hemebrim Amadi
Justice system has since the advent of civilization been seen as a barometer to measure advancement in standard of living and humanity index because without it, things will return to the Hobbesian times which people fear most. This accounts for the considered option of who handles such an all-important portfolio even in regimes that are adjudged most draconian.
In the present times, it appears the restraint that accompany courts and judges which place little capital on publicity and boisterousness but rely on doing the right things silently seem to have become the modus operandi of the Judiciary of Nigeria which has garbed it with the lost decorum which though having not been observed over time, appeared as if it had become the norm here but the Attorney General and Minister of Justice, Abubakar Malami, SAN has restored that.
Call it taciturn approach, but the effect is not lost on anybody as rather than being heard, the justice administration in Nigeria is sure being felt. Cases from High courts to the apex court are almost through with clearing the humongous backlogs while the sobriquet of justice going to the highest bidder is gradually disappearing from the lexicon of Nigerians.
Malami has spared no effort in ensuring that any suggestion of corruption at the bar and bench is expressly investigated and if found to have any iota of fact, dealt with. Modesty and decorum demure listing any of those. Suffice it to say that high profile corruption cases have received more expedited hearing and concluded with the highest frequency under Malami than any of other superintendent of our justice system in the history of the country.
Return of looted funds used to be an avenue to reloot since they were shrouded in secrecy but the strict adherence to openness and transparency has made it possible even for foreign countries to trust and enter into agreements for repatriation while forensic audits which have been at his instance are at present, going through hair-thin scrutiny in a bid to ensure that all leakages are tightly blocked. The results are massive seizures of proceeds of lucre as well as mind blowing recoveries which those that do not know, credit such to other governmental agencies and efforts whereas they were initiated and rammed through by the Chief Law officer of the country.
At the ministry of justice today, all attempts to railroad the government into a hogwash investigation of some agencies and commissions were resisted by Malami even to the point of threats and name calling. A pointer is that of the Niger Delta Development Commission, NDDC which he has put together a crack team to go through the gamut of papers and evidences so that when the final report is out with details of the heists and those behind them, recoveries and convictions when the cases go to court would be a walk through the park.
In the ministry of justice, some very important departments had been closed down and good hands to handle such desks went extinct but Malami has resurrected them even to the point of recalling good hands that had out of frustration, migrated to other interests. For long, training and retraining of personnel had stopped and honing of prosecutorial skills waned which accounted for failure of federal government cases which have now been revived. Budgets for such subheads were always captured but the monies either vired to other programmes or unaccounted for which Malami has seen to the restoration of such programmes and trainings done as and when due. All these are in sustenance of and entrenching of rule of law.
Previous assessment of Malami’s approach and performance observed: “Although no single regime perfects every facet of needed development, which itself is evolving, sure-footed administrators however are like track layers of a rail system with the understanding that once the superstructure has been rightly in place, would ensure a smooth run of other engineering needs of the entire effort. That is the reason that a clear vision with onerous mission, added to drive has stood the Justice Ministry and the Minister of Justice, Mr. Abubakar Malami out of the lot.
“The list is long and the intention to do more is gargantuan, hence, with space-limiting realities, it would be like grabbing the wind to attempt listing all; however, I shall, within the possible time and space, touch some while others in the public domain might be left which makes this effort inexhaustive.
“For the first time in a very long while, Malami has steadily started an order that seeks to be systematic in doing things with the rule of law as the bedrock of the intention and efforts so that the style where rule of the thumb held sway is steadily being replaced by consistent order.
“His imprints span the project of reviewing obsolete laws to align them with current global realities and covers money laundering, tax, copyright and the greatest albatross of the country, anti-corruption legislations. Another area also is his push to make socio-economic rights of citizens justiciable while he strives for all parastatals under him to work seamlessly in accordance with global best practices.”
A proof of how trust has been created even with the international community is the regularity with which funds due Nigeria is being returned. He has so much restored confidence that funds repatriation has become hitch free. That is like taking the country from the near pariah status in trust and transparency to a level where respect due to consistency is taken as given.
Prior to his term, there was lack of coordination in anti-graft fights of the country while the agencies adopted their separate styles which brought sneering remarks and odium to the general effort. Presently, Malami has successfully delineated duties and areas of operation so that we no longer hear of two anti-graft agencies going after same case. Also, for the first time in a very long history of Nigeria, such agencies have employed the global best practices of silently investigating and getting results before going public. We all know that it used to be trial by the press whereby such agencies announce ahead of time who they were going to investigate and lace such with little details and in the end, achieve little or nothing.
Another area that has manifestly benefited from the Malami order is the protection of government interest through posting of seasoned government lawyers to ministries, departments and agencies. Unknown to many, government loses most through shoddy handling of cases from those areas while it had become like a big business to take the government to court, win judgment debt which are easily enforced and huge sums paid in settlement. Now, qualified and experienced hands are posted to all ministries, some of which now have full-fledged legal departments to ensure that all flanks that give rise to such leakages are firmly blocked.
This led to the setting up of National Prosecution Coordinating Committee (NPCC) as well as Code of Conduct for Federal Prosecutors (CCFP) to monitor, evaluate and ensure that best standard practices that would ensure justice were in place, many derided it as a mere creation of an avenue to siphon funds; but looking back at what the effort has yielded has made converts of its critics. This accounts for steady progress being made on high profile cases some of which are being relisted for proper trial. He further sealed that effort with the drawing up of code of conduct for government prosecutors who had been known not to diligently prosecute cases; the result are the gamut of convictions being garnered.
The Independence of the judiciary had continued to be a mirage due to funding issues but under Malami, he pressed for judiciary to be put on first line charge. This he did through pushing for the Executive Order 10 which since then has gained traction and the judiciary has never had it so good. He followed that up with the proposal and implementation of the Access to Justice Funds to enable indigent Nigerians have access to protection and defence of their rights which is itself novel in these climes.
Under Malami, the vexed issue of Bakassi Peninsula which was lost to Cameroun at the World Court at The Hague has gained more attention towards useful resolution and implementation through delineation of the boundary for clarity. The area has always been a source of avoidable conflicts with our neighbor while the attempt by Cameroun to hang on to the judgment to claim even beyond acceptable limits is being resisted through Malami who has headed back to the Hague for interpretation of certain parts of the judgment where faulty coordinates in Rhoumski, Pillar 8 and Koja put certain areas of the country beyond imaginable acceptability at risk of claim by our neighbours. That he has been doing peacefully with the Nigerian-Cameroun Mixed Commission.
On the human rights angle, military and paramilitary organs have never come under control and given rules of engagement that respects the rights of the average Nigerian than now. Forced disappearances have virtually stopped while Police brutality is fast disappearing. This is on the heels of those who violate the rights of civilians being cashiered. That is the height of protecting the peoples’ rights. Those who used to call themselves kill and go are now held accountable while killer soldiers are not only pulled out of the force but are also put on trial. This has ensured that the rights of the people, especially the vulnerable in society is protected.
The latest issue now for which Malami is being pilloried by those who do not have details of it is the Paris club refund deduction for which consultants are owed by states. A banal bystander would always think that the Attorney General is on the side of consultants against the states but that is far from the truth. For one whose pivot is truth and rule of law, playing smart is not his thing. The same keeping to agreement that has endeared Nigeria to the international community is the reason behind his position. If you enter into an agreement, then respect it.
He is merely asking the states to keep to the agreement they reached with the consultants who helped them work out the details of the over-deduction for which they are refunded. Before the refund, there was an understanding and that, to the knowledge and supervision of Malami whose insistence that they should honour their agreement has drawn him into the vortex of misunderstanding and misrepresentation. He is usually vindicated and as the matter has been taken to court, time will tell who is being truthful at last but as sure as death, Malami doesn’t have any interest beyond insisting the right things be dome and people keep to their words.
There have been several executive bills that have been game changers in the country which have engendered the ease of doing business which are direct products. Most commendable if the passage of the Petroleum Industry Bill which had been in the works since the return to civil rule in the country. Words had gone round that International Oil Companies and foreign interests had stood on the PIA and therefore denied the country of the numerous gains expected to open up all sectors of the oil and gas but was tackled head on under Malami.
He not only provided the framework for massive reforms that has yielded the unbundling of the behemoth that used to be the Nigerian National Petroleum Corporation, NNPC as well as ensured the review of some Joint venture agreements that saw Nigeria no longer holding the shorter end of the stick. That is to ensure that the country is no longer ripped off.
Malami also touched on the most important legislation in furtherance of democracy through the work on and ensuring the signing of the amended Electoral Act which is aimed at having more reliable and transparent elections in the country, a proof of cross sector positive influence he has exerted through his office.
For the first time, sentencing to community services in lesser offences and suspended sentences have found their way into the legal system of the country thereby decongesting our overcrowded prisons. These were direct results of the actions of Justice Sector Reform Coordinating Committee which he formed to achieve the needed reforms
As the administration is winding down, Malami could arguably be said to have left his marks in the most positive manner in the Nigerian space than any other political appointee of the President Muhammadu Buhari regime, a possible pointer to the reason he is adjudged closest to the President at all times.
