Indication emerged on Tuesday that the Federal Government
had sent to the National Assembly, a bill seeking the establishment of a
special anti-corruption court to try serious crimes, including corruption
cases.
The Special Crimes Bill 2016 was drafted by the Prof. Itse
Sagay-led Presidential Advisory Committee Against Corruption.
The proposed court will exclusively handle corruption cases
and other cases including narcotic, human trafficking, kidnapping, cybercrime,
money laundering and other related offences.
The offences under the existing legal framework are still
being prosecuted by the some law enforcement agencies, including the Economic
and Financial Crimes Commission and the Independent Corrupt Practices and other
related offences Commission before the Federal High Courts and State High
Courts.
The intention of the bill sighted by our correspondent is to
ensure speedy trials of the offences – as indicated in its title which reads –
“An Act to provide for the establishment of a Special Crimes Court as a
superior court of record to allow for speedy trials of certain offences,
including economic and financial crimes, terrorism, money laundering and
corruption offences and for related matters”.
PACAC had earlier sent the proposed bill to the AGF for
onward transmission to the National Assembly as an executive bill.
When contacted by our correspondent on Tuesday, Chairman of
PACAC, Sagay, confirmed that the bill had been sent to the National Assembly.
“As far as I know, the bill has been sent to the National
Assembly,” Sagay said.
He confirmed that the bill was sent to the legislature by
the AGF’s office.
The bill proposed in section 7(1) of the bill that it “shall
have and exercise exclusive jurisdiction and power in respect of offences
specified in Schedule 1 to this Act to be known as ‘scheduled offences’”.
The “scheduled offences” stated in Schedule 1 of the bill
are “Terrorism offences under the Terrorism (Prevention) Act (No. 10 of 2011)
as amended;
“Economic and financial crimes under the Economic and
Financial Crimes Commission (Establishment) Act (E1 LFN 2004);
“Money laundering offences under the Money Laundering
(Prohibition) Act (No 11 of 2011) as amended;
“Narcotic drugs and psychotropic substances offences under
the National Drug Law Enforcement Agency Act (N30 LFN 2004);
“Trafficking and kidnapping offences under the Trafficking
in Persons (Prohibition) Law Enforcement and Administration Act, 2015 (No 32 of
2015);
“Corruption offences under the Corrupt Practices and other
related offences Act (C31 LFN 2004);
“Kidnapping offences under the Criminal Code (C38 LFN) and
the Penal Code (P3 LFN 2004);
“Cybercrimes under Cyber Crimes Act 2015, and;
“Such other offences declared under any other Act to be
scheduled offences for the purposes of this Act.”
Also, the bill under section 45 makes arrangement for the
transfer process of the prosecution of the offences in the stated laws from the
regular courts to the special anti-corruption court.
It prescribes that where the trial of a scheduled offence
has not commenced in a High Court before the coming into force of the Act, the
trial shall be transferred to the Special Crimes Court.
It allows the regular courts to continue to hear cases which
are part-heard before the commencement of “the Act” and are not determined or
concluded at the expiration of one year after the commencement of the Act.
Section 45 which is under the “Transitional provisions” of
the proposed law reads, “(1) A High Court or any other court shall continue to
hear and determine trials and other criminal proceedings in respect of
scheduled offences which are part-heard before the commencement of this
Act, and any trial or other criminal proceedings not determined or
concluded at the expiration of one year after the commencement of this
Act, shall abate and the trial or other proceedings may be brought before the
court for fresh hearing.
“(2) Notwithstanding anything to the contrary in any
enactment, including any rule of law but subject to subsection (1) of
this section, where the trial of a scheduled offence has not commenced in a
High Court before the coming into force of this Act, the trial shall be
transferred to the court.”
Sagay had indicated in a number of fora that the bill had
been sent to the Attorney General of the Federation and Minister of Justice,
Mr. Abubakar Malami, for consideration and onward transmission to the National
Assembly.
AGF’s spokesperson, Mr. Salihu Isah, could not be reached
for his comment on the level of work that the minister had done on the
proposal.
Calls placed to his telephone on Sunday indicated that his
line was not reachable.
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