PRESS STATEMENT BY THE OPEN SOCIETY ON JUSTICE REFORM PROJECT (OSJRP)

 PRESS STATEMENT BY THE OPEN SOCIETY ON JUSTICE REFORM PROJECT (OSJRP)

ADDRESSING ALLEGATIONS OF CORRUPTION AGAINST THE NIGERIA CORRECTIONAL CENTER, EFCC, AND LEGAL PRACTITIONERS

Open Society on Justice Reform Project (OSJRP) has been closely following development around the recent accusations made by a social commentator, Martins Vincent Otse known on social media space as Very Dark Man (VDM), alleging corrupt practices within the Nigeria Correctional Center and the Economic and Financial Crimes Commission (EFCC) in relation to the case involving a social media acclaimed influencer and public personality, Okuneye Idris Olarenwaju (also known as Bobrisky). These allegations also extend to respected Senior Advocate of Nigeria, Femi Falana, his son Falz, and his daughter.

We at OSJRP, as advocates for transparency, accountability, and justice reform, take these allegations seriously. This is a watershed for the Justice Reform that cuts across nearly all justice sectors in Nigeria. It is therefore important that stakeholders leverage on this opportunity to push not just for justice, but for justice reform. This calls for a very robust public discussions and stakeholders intervention  guided by the rule of law and respect for due process (as enshrined in the Nigerian Constitution, statutory provisions, and relevant case law) with the view of achieving relevant reforms.

The Nigeria Correctional Center is regulated by the Nigerian Correctional Service Act 2019, which, under Section 14, emphasizes the duty of the Service to ensure the proper treatment and rehabilitation of offenders. Any misconduct or corruption within the institution is an affront to the statutory obligations of this body.

The EFCC operates under the Economic and Financial Crimes Commission (Establishment) Act 2004, which mandates the Commission to investigate and prosecute financial crimes in Nigeria. Corruption within the EFCC, if established, would represent a breach of public trust and contradict the statutory purpose for which the Commission was established. In the case of Federal Republic of Nigeria v. Nwude (2016) LPELR-40257(CA), the Court of Appeal highlighted the importance of transparency and accountability in public institutions like the EFCC. Any deviation from these principles compromises the integrity of our justice system.

Our Recommendations

In light of the seriousness of these allegations, the opportunity it affords for justice reform, and the urgent need to restore public trust and confidence in the justice sector, OSJRP calls for the following:

Transparency and Accountability: Sections 8 and 10 of the Corrupt Practices and Other Related Offences Act, 2000, criminalizes bribery and corruption within public institutions.  The allegation against the EFCC and the Nigerian Correctional Service Centre must therefore be given the thorough investigation it deserves. We call for a transparent inquiry into this matter and that the findings be made public (in tandem with the provisions of Section 2 of the Freedom of Information Act and other relevant legal provisions) without any attempt of covering up misconducts of erring officials and institutions.

Protection of Whistleblowers: We  also advocate, in the short run, for legal protection and support for whistleblowers like VDM who have brought the attention of the public and relevant authorities to corruption and misconduct within law enforcement and justice-related agencies/sectors (as provided under the The Whistleblower Protection Policy (2016)). As a long term measure we call for an accelerated passing of the Whistleblower Protection Bill. Whereas the Whistleblower Policy was introduced in 2016 by the Federal Ministry of Finance, it remains a policy and not a law, despite multiple efforts to pass the Whistleblower Protection Bill through the National Assembly. Recently, there have been renewed calls for the passage of the bill, with President Bola Ahmed Tinubu planning to re-present the bill to the National Assembly for consideration in 2024. We posit that the present case should present the National Assembly with enough motivation to urgently pass the bill if they are indeed interested in curbing corruption, especially in the justice sector. 

Systemic Reforms: it has become apposite that comprehensive reforms within the EFCC and Correctional Services to prevent future occurrences of bribery, extortion, and the manipulation of justice is urgently required. Oversight of these government agencies should not rest only on the shoulders of statutory bodies and agencies, but more importantly on the Civil Society Organisations. Unfortunately however, the continuous attempt by the government and its agencies at gagging CSOs through over-regulation, witch-hunt and other attempts at shrinking the civic space has been very counterproductive in this regard. This must stop if we must make progress in achieving positive judicial reforms.

Strengthened Institutional Accountability: The current situation highlights the need for stronger oversight mechanisms within Nigeria’s correctional and law enforcement agencies. The absence of effective checks and balances creates an environment ripe for abuse. We call for the urgent implementation of judicial reforms as recommended in A.G. Federation v. A.G. Lagos State (2013) 16 NWLR (Pt. 1380) 249, where the Supreme Court emphasized the need for institutional accountability.

Call for Responsible Engagements

Finally, while we support the right of citizens to voice concerns and criticize public institutions, it is essential to ensure that such criticisms are based on verified facts and conducted in a manner that promotes justice and fairness. The dissemination of unsubstantiated allegations can have far-reaching consequences, including damaging reputations and undermining public confidence in our legal system and respected public individuals who have paid their dues in advancing the Nigerian Legal system.

This is a matter of public interest. The media has a duty to report responsibly and accurately. We urge the media and members of the public to avoid sensationalism and instead contribute constructively to the discourse on justice reform. 

Our Continued Commitment to Justice Reform

The judiciary remains the last hope of the common man. We believe that an efficient and transparent justice system is essential to ensuring that individuals and institutions are held accountable without compromising the rights of any party. The Open Society on Justice Reform Project remains committed to advancing reforms that promote transparency, accountability, and fairness within Nigeria’s justice system. We recognize the necessity of a functional and corruption-free justice system as a cornerstone of democracy. OSJRP will continue to work with stakeholders to ensure that our institutions uphold the principles of justice, equality before the law, and human rights protection. OSJRP stands ready to support any efforts aimed at achieving this goal.

For further information or inquiries, please visit our website at www.osjreform.org or contact us directly.

Signed,

Sam Akpologun 

Executive Director

Open Society on Justice Reform Project (OSJRP)