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| President Goodluck Jonathan |
It was learnt that these courts are to be in each of the six geo-political zones of the country for easy handling of cases.
Currently, the EFCC has a total of 1,500 cases, while 75 of them are of high profile nature involving former state governors whose trials have been on for about five years, for allegedly looting public treasury.
The President had reportedly met with the CJN, shortly after he returned from the 66th UN General Assembly meeting in New York.
A top presidency source said on Friday in Abuja, that Jonathan was miffed by the slow pace of prosecutions, which he also commented on during a meeting with US business leaders and Nigerians in the Diaspora.
Jonathan was said to have told the CJN that the slow handling of graft cases in court had become a serious concern to his administration and stressed the need to set up special courts to address the matter.
When the move is consummated, the country will join other countries such as Philippines, Indonesia, Pakistan, Kenya, Ghana, South Africa and France, which are models in the anti-corruption battle.
The source explained further that after the meeting, the CJN, through the National Judicial Council, wrote a letter dated October 11, 2011 to the EFCC, demanding a dossier on its cases pending in courts.
The pending cases, it was gathered, would assist the CJN in establishing the special courts as part of his judicial reforms.
However, some of the former governors have regrouped at the Maitama, Abuja residence of one of their colleagues who hails from the South-East zone to fight against setting up these courts.
According to the Presidency source, the President is concerned that foreigners erroneously believe that the government and the EFCC have not done enough to bring treasury looters to book.
During his meeting with US investors and Nigerians, Jonathan stoutly defended government’s efforts in dealing with fraudsters, just as he noted that the nature of the judicial process was partly to blame for any delay.
He had said, "Before now, these fraudsters were called 419. Now, they are almost being crushed by the Economic and Financial Crimes Commission. This is one area we must commend the EFCC because 419 was a serious thing before.
"A lot of people still believe EFCC is not doing this and that. The people expect that so many people should be sent to jail overnight.
"If we look at the process of arresting persons and sending them to jail, maybe only 50 per cent is in the hands of the EFCC and even the police; the bulk of the work has to do with our judicial process.
"The judicial process which we inherited is a bit slow. The lawyers here will tell you that the law is not as radical as those of us here believe."
Shortly after Musdapher was sworn in, one of his declared missions was the reform of the courts.
This led to the setting up of the 28-member reform committee on judicial reforms on October 13, 2011, headed by a former Chief Justice of Nigeria, Justice Muhammadu Uwais.
Other members are former CJNs, Justices S.M.A. Belgore, Idris L. Kutigi; and Aloysius I. Katsina-Alu
The panel has one month to submit its report.
According to a Presidency source, the special courts are to be located in each of the six geo-political zones with some zones having more than one.
However, the CJN move is said to have unsettled some former governors who met on October 18, 2011 to map out strategies on how to frustrate the initiative.
It was gathered that the ex-governors resolved to send a delegation to the President for him to reduce the clampdown of the EFCC on them.
The EFCC chairman, Mrs. Farida Waziri had, in August, petitioned the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), over the stalled trial of six former governors.
She had canvassed the setting up of special courts to break the logjam.
Former governors whose cases are in court are Ayo Fayose (Ekiti); Chimaroke Nnamani (Enugu); Orji Uzor Kalu (Abia); Saminu Turaki (Jigawa); Jolly Nyame (Taraba); and Joshua Dariye (Plateau) states, among others.
Waziri’s petition read, "It is clear that the problem of the delay in the prosecution of politically exposed persons is largely due to the fact that they exploit the weakness in the judicial system.
"They have the financial muscles to hire the best lawyers, who file frivolous applications with the aim of delaying trials.
"In fact, it is due to the frustrations we have experienced in some of these trials that made me to call for the setting up of Special Courts to try corruption-related cases."
Besides a nod from the Executive and Judicial arms to the special court proposal, some lawmakers in the Senate are also fervently disposed to the initiative.
One of such is the Chairman, Senate Committee on Drugs, Narcotics and Anti-corruption, Senator Victor Lar.
In a telephone interview on Friday, he said special courts had become imperative as regular courts had failed the country.
He said that his committee would work jointly with the EFCC for the courts to be created if that would help the crusade.
He said, "For example, the issue of litigation in our conventional courts is not only complicated, but intricately technical and open to manipulations by corrupt persons.
"There are cases that were filed in 2005, 2007 that the court cannot even adjudicate on. When the case of Chief James Ibori, former governor of Delta State came up; 173 counts were dismissed by one judge in a day.
"When we have an unusual situation we should adopt unusual measures; it is in that light that I support a dedicated court to try corrupt persons."
However, a former chairman of the ICPC, Justice Emmanuel Ayoola, said that any meaningful judicial reform must first review the working of the sector.
He explained, "There have been several initiatives to reform the justice sector without much result to show for the efforts because the approach has been faulty, in my opinion.
"What we should have done before embarking on reforms is to review the working of the sector first."
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