LAGOS’ SPECIAL COURTS AND THE WAR AGAINST CORRUPTION AND SEXUAL OFFENCES Adekunbi Bakare

Across the globe, especially in the developed world, the idea of specialized courts has enhanced the judicial process. This has made these countries reference points in quick dispensation of justice, fairness and functional legal systems. Indonesia and Malaysia, for instance, provide interesting case studies on this, as they have both established various forms of Courts viz Constitutional, Administrative, Commercial, Land, Fisheries and Tax Courts.  

In Nigeria, the disclosure by the immediate past Chief Judge of Lagos State, Justice Opeyemi Oke, that over fifty percent of cases in Nigerian Courts majorly centers on corrupt practices and sexual abuses was not only shocking but calls for a more strategic approach to reverse the status quo. 

The establishment of the Lagos Special Corruption and Sexual Offences Courts, for effective and speedy administration of justice, especially with regards to corruption and sexual abuses cases, is thus a logical step in the right direction.    

While the volumes of court cases continue to increase on a daily basis, the number of available Judges to preside over these litigations remains grossly inadequate, the few Judges are sometimes confronted with the challenge of administering cases that do not fall within their core scope of jurisdiction, in the absence of a specialist Jurist. 

The challenges posed by this are multifaceted, ranging from skyrocketing court cases, non-appearances by litigants, unavailability of witnesses, inadequate judges, ceaseless adjournments and many more.   Unlike other legal issues, incidences of sexual abuse are such that require speedy judgment considering the vicious effect and irreparable emotional damage on survivors and the possibility of grooming more potential abusers if stringent punishments are not swiftly meted out to the perpetrators to serve as deterrent to others.   

In the same vein, corruption is another crucial issue that deserves speedy legal attention. Demonstrating its resolve to frontally tackle the dual monster of sexual abuses and corruption, the Lagos State Government inaugurated the Special/Sexual Offences Court about two years ago to solely administer corruption and sexual related cases. 

Consequently, core professional lawyers, on issues relating to sexual abuse and corruption, have been designated to preside over cases in these Courts. According to statistics, there are over 500 cases of financial crime pending before the High Court, the bulk of which have now been assigned to the Special Offences Courts. This has made it possible for regular courts in the State to concentrate on other legal issues, thus aiding quick dispensation of justice. 

The establishment of the Lagos Special Courts brings to fore the renewed attention of the State Government towards eliminating all forms of hindrances against accelerated dispensation of justice.  Among other functions, these Special Courts are expected to fast- track the trial of identified special cases, while encouraging the Economic and Financial Crimes Commission, EFCC and other relevant bodies like Independent Corrupt Practices Commission, ICPC to expedite the investigation and prosecution of such cases. Some progress has been made in this respect, but there are areas for improvement which are constantly being reviewed.    

In an article titled, ‘A Five Year Analysis of Police Records on Sexual Related Offences in Lagos State’, which documents the sexual offences reported at the Metropolitan Lagos State Police Commands from 1999 to 2004, it was disclosed that a total of 691 sexual offences were reported during the period. Although there are legislative instruments to combat the menace of domestic/sexual violence, they have become almost ineffective in curbing the rising tide of sexual assault. 

In Lagos alone, the number of reported cases of sexual offences has increased significantly. Currently, there are about 600 pending sexual offences cases in the High Courts and this do not include those filed in the Magistrates Courts.  Several amendments have been made under the existing Criminal Law of Lagos State, 2015. 

One of such amendments is the provision of life imprisonment for sexual abuse or defilement of a child and the removal of the clause that a person could not be convicted for the offence of sexual abuse or its attempt upon uncorroborated testimony of one witness.   

Another boost for the war against sexual abuses and corrupt practices in Lagos State is the already existing DNA Forensic Laboratory. With this, the issue of denial or lack of scientific evidences, which had in the past paralyzed the efforts of the law to determine who a real sexual offender is and subsequently bring the person to book, no longer impede effective delivery of justice.  

Also, Mobile Courts, where some minor cases are tried swiftly, were established while a Special Task Force for Land Matters was equally inaugurated. This is in addition to the Citizens Mediation Centre and the Public Advice Centre among several others which provide different legal services in line with the swift legal process of the State Government, such that only severe and serious cases actually get to the regular courts. 

The efforts of these agencies are also being corroborated by the Ministry of Youth and Social Development, the Ministry of Women Affairs and Poverty Alleviation, WAPA, as well as the Lagos State Sexual and Domestic Violence Response Team, DSVRT.   

One way to ensure that the society follows the path of civility is by ensuring that the legal system works. When a perpetrator of rape, or any other such heinous crime, is appropriately apprehended, it sends a clear signal to others that such actions would not be tolerated in the society. It will also encourage more survivors to break their silence which will in turn lead to more perpetrators being prosecuted. 

As the journey towards a ‘Greater Lagos’ of the Babajide Sanwo-Olu Administration gathers momentum, the vision of a more prosperous Lagos would  be more feasible with a functional judicial system that instills confidence in investors for a handsome return of their investments. 

Bakare is of the Public Affairs Unit, Lagos State Judiciary