Tag: anti-corruption war

  • Ribadu: Anti-corruption war back on track

    Ribadu: Anti-corruption war back on track

    A former Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu yesterday said the nation’s anti-corruption war is back on track.

    He also said the EFCC in today has made more recoveries than any time in the history of Nigeria.

    Ribadu, who made the submissions in an interaction with reporters at the Shehu Musa Yar’Adua Centre, Abuja after the inaugural of  lecture THE INTERVIEW magazine, asked all Nigerians to be involved in the anti-graft campaign.

    He said: “We probably will have ups and down in the whole process of the fight against corruption.  But at the moment, I will tell you, honestly, I think we are doing very well. We are almost getting back on track. If you see the volume of work taking place, you will also appreciate the fact that things are on the right track.

    “The fight against corruption requires an all- inclusive approach; we all need to be involved and it has to have a Commander- In- Chief because leadership matters a lot in the fight against corruption.

    “When I talk of leadership, I mean political leadership at the highest level. Today, I think that there is no Nigerian who will ever doubt that the political leadership is extremely strong when it comes to fighting corruption; that is very important.

    “It is probably the number one thing that is needed when you are going to wage a war against corruption. We also have the physical people who are doing the work.”

    Ribadu said the EFCC under Mr. Ibrahim Magu has made more recoveries than ever in the history of the nation.

    He added: “I will talk of   EFCC that I know. I will assure you that the leadership of the EFCC today is one that has the same spirit and belief in the vision of the EFCC right from the foundation and time the EFCC was established.

    “It is a leadership that carries itself with integrity, a leadership that is strong, a leadership that is honest and a leadership that works with a lot of courage. You can see it in war that is going on.

    “Today, more than ever before, in our history we have more cases that are being taken. We have more in terms of recoveries taking place, more than any time ever.

    “You can simply say that maybe, there is no one single anti- corruption organization  in the world today that is doing the work that the EFCC is doing. So that must be acknowledged and that must be understood.

    “In short, I can tell you that I think that we are getting back on track and   we are doing fairly well.  It can only get better as we continue to go along that direction.”

    END

     

  • Anti-corruption war: EFCC won’t spare anyone – Magu

    Anti-corruption war: EFCC won’t spare anyone – Magu

    The Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, yesterday said that the agency would not spare corrupt officers in the Executive, Legislature and Judiciary.

    He said that the era of impunity is over in the country as EFCC under his watch would be a “leveler”.

    Magu, who made the submissions in a paper titled “This Is Our Chance” at the Symposium organised by members of the National Association of Democratic Lawyers (NADL) in Lagos, said: “In the past, it was so easy to simply wring our hands in self-pity and console ourselves that we had done our best and if others elect not do theirs, we were not to blame. That, however, was in the past.

    “The EFCC under my watch has had no choice than to challenge certain senior lawyers, judges and other judicial officers against who we have collected concrete evidence for perverting the course of justice.

     “Today is a new dawn at the EFCC. We have resolved to call out anybody who is corrupt, anybody who is an enemy of the Nigerian people, be he or she in the executive, legislative or judicial arms of government. Our anti-corruption mandate, which we insist on enforcing to the letter, is a leveller.

    “There is no better time than now in Nigeria, to say, ‘Enough is Enough!’ President Muhammadu Buhari has not only said it, he is acting it and has charged the EFCC to embody and live it.

    “I have therefore pledged that on my watch, where hapless Nigerians are defrauded, EFCC will swiftly come to their aid; where powerless Nigerians are short-changed, EFCC will intervene and where there is impunity, EFCC will step in and level the field.”

    He expresse+d regrets that some rogue elements in the Bar had been trying to undermine the anti-graft war. He said:  “We at the EFCC have been in close working relationship and partnership with a number of the majority of legal practitioners who are upright and their professionalism can be vouched for at any time.

    “However, in the course of confronting the corruption monster, we consistently run up against a gang of rogue elements, who not only frustrate the work that we are doing but also give a terrible name to the bar and bench and hapless Nigerians have been the worse for it.

     “The biggest form of corruption is not the ones you find in government offices or banks; it is not the ones plaguing the oil industry or pension administration. The biggest, most virulent form of corruption that ever existed is the one that has eaten deep into the fabric of the Temple of Justice.

    “It is to you who minister in the temple of justice that we all run to, high or low, mighty or weak, lawmakers, law breakers and law enforcers.  It is to the courts that we all run, for protection.

    “However, we are all witnesses to the abuse of skills, knowledge, powers, position and privileges by a few rogue elements, who, whilst being a tiny fraction, have an outsized influence on the direction of the Nigerian judiciary and indeed, the Nigerian nation.”

    Magu, who said the EFCC does not lay claim to perfection, said the agency had been working within the Rule of Law.

    He added: “It is common to hear people agitate over what they term the ‘immense’ powers of the EFCC. Let it be made clear, however, that at the Commission, we endeavour to make our actions fall strictly within the bounds of the Rule of Law.

    “Having said that, being human, we do not claim perfection or the monopoly of knowledge.  Therefore, we take corrections whenever our mistakes are pointed out to us. We will, however, not stand idly while Nigerians are held hostage by the twin evil forces of corruption and impunity.

    “It is important to note that what has made the EFCC to stand out from every other law enforcement agency in Africa are our conviction, commitment and professionalism, backed by the unshaken support of ordinary Nigerians. Notwithstanding the perception that the Commission is all-powerful, we are also prone to certain dangers in the course of discharging our mandate. The EFCC is also a victim of its string of successes and some unscrupulous people are always scheming to appropriate the functions and powers of the Commission.

    “It may have been well if it were all for the good of the country, but as history has taught us, the undue interest shown by certain powerful forces in the powers, jurisdiction and actions of the EFCC are only self-serving and nefarious and run contrary to the good of the vast majority of Nigerians.”

    He begged Nigerians to resist dark forces working against EFCC. He said: “When these dark forces gather (as they have), our expectation is that bodies such as the National Association of Democratic Lawyers would rise, without any further prompting, and come to our rescue.  The tug-and-pull for the soul of the EFCC aptly mirrors that for the control of the destiny of our dear nation.

     “Whilst we may not claim omniscience, one thing we are convinced of in the Commission is that Nigeria will be doomed if we fail to win the war on corruption. “President Buhari has warned, ‘We must kill corruption before it kills Nigeria’. That is a clarion call to arms.”

  • Students back Buhari’s anti-graft war

    Students back Buhari’s anti-graft war

    …To take anti-corruption campaign to campuses

    Members of the National Association of Nigerian Students (NANS) have thrown their weight behind President Muhammadu Buhari’s ongoing anti-corruption war.

    The group disclosed this in a statement made available to journalists on Tuesday by its acting President/National Convention Chairman, Prince Miaphen.

    The students also supported the administration’s move to recover all funds stolen by corrupt former public officials and civil servants.

    Noting that corruption had for long remained the bane of Nigeria’s development, they said that corruption breeds nepotism, incompetence, and apathy.

    The group urged the President not to relent in the war despite criticism from some quarters.

    It read: “We strongly commend the zest and diligence of the Buhari administration in the war against corruption as it has made it resoundingly clear that indeed a new no-nonsense sheriff is in town and there is no hiding place for any former or present corrupt official.

    “It further makes bare that President Buhari is a man that matches his words with commensurate action because the anti-corruption crusade was a cardinal part of his presidential campaign manifesto.

    “We are fully aware that some trepid and disgruntled corrupt individuals and organisations are stopping at nothing to discredit and sabotage the ongoing war against corruption.

    “Some say it is selective, claiming it is targeted at decimating the opposition. However, we are yet to see a single individual or organisation that is standing trial or being investigated for corruption under the current administration that has not had his/it’s fingers tainted with corruption.” It added

    The group said it would partner with Buhari by taking the anti-corruption war to campuses.

    “We intend to partner with Mr. President by taking the anti-corruption war to the campuses.

    “The quest to revamp our educational sector must also integrate the need to stamp corruption out of the corridors of our Ivory Towers which has frustrated all efforts to bring our academic institutions to competitive standards,” it stated.

  • The anti-corruption  war and the  enemies within

    The anti-corruption war and the enemies within

    Text of a lecture delivered by activist-lawyer and FEMI FALANA, a Senior Advocate of Nigeria (SAN), at the investiture of Dele Ojogbede as President, Rotary Club, Ikoyi, Lagos  on Sunday.

    AS a leading philanthropic organisation the Rotary Club in Nigeria has been associated with providing services to the needy. While the efforts of the Rotary Club and similar bodies are appreciated, I am of the strong view that no private establishment or voluntary society can replace the government in the provision of social amenities to the people. Even in capitalist societies, the provision of welfare services has reduced the activities of philanthropic organisations. The Rotary Club is therefore urged to mobilise poor and disadvantaged citizens to demand for popular participation in the government.

    To achieve the objective of meeting the basic demands of the poor, the Rotary Club should be fully involved in the campaign against corruption with a view to ending the criminal diversion of the commonwealth by a few public officers.

    The 4-way tests of the Rotary Club cannot be realised in our society in so far as the nation’s resources are cornered by a few picnic officers. As the government cannot succeed in the fight against corruption without the involvement of the people, we shall examine the duty of citizens in the promotion of accountability and transparency in the public affairs of the nation. In our analysis, we shall acknowledge the political will and the limitation of the government in the prosecution of the war against corruption. We shall conclude by asking the Nigerian people to take over the war from the Federal Government and prosecute it in the public interest.

     

    Mismanagement of funds

    earmarked for the provision

    of relief materials

     

    Owing to the criminal diversion of funds donated to the government to provide relief materials to victims of natural disasters in Nigeria, the lives of many vulnerable citizens are now in danger. Just recently, President Buhari was compelled to direct the Economic and Financial Crimes Commission (EFCC) to investigate a petition received from an international donor agency which had alleged that the Federal Ministry of Health could not account for the millions of dollars donated to fight HIV/AIDS in Nigeria.

    It is common knowledge that the EFCC is currently prosecuting two ex-governors for the criminal diversion of ecological funds collected from the Federal Government to fight the menace of erosion in their states. Some other officials are under investigation for stealing the funds contributed by the federal and state governments as well as private agencies and individuals to provide relief materials to the victims of flood which occurred in many parts of the country in 2012.

    In the same vein, the fund donated by international relief agencies to take care of the internally displaced people in the Northeast has been cornered by a few National Emergency Management Agency (NEMA) officials. As we are gathered here, the humanitarian disaster caused by the criminal elements has claimed the lives of thousands of children in the Internally Displaced Persons’ (IDPs’) camps. Indeed, the humanitarian crisis in the Northeast is traceable to the criminal diversion of the sum of $15 billion earmarked by the Federal Government for the purchase of military hardware for the armed forces from 2007-2015. Consequently, the ragtag army of the Boko Haram sect defeated the ill-equipped Nigerian Army. Although the Buhari administration has motivated the armed forces to turn the tide against the insurgents, the war against terror is not yet over.

     

    Citizens’ vigilance

     in the fight against

     corruption

     

    The fight against corruption has come a long way in Nigeria. To prevent Nigerians from exposing corruption and the crude exploitation of the resources of the nation, the British colonial regime imposed the Official Secrets Ordinance which prescribed 14 years imprisonment for anyone who leaked official information without authorisation. The Criminal Code criminalised seditious publications and statements. The leaders of the Zikist movement were jailed for asking Nigerians to reject imperialist exploitation and embrace socialism. Many other Nigerians were jailed for exposing corruption by the alien regime.

    The indigenous regime which took over power from the colonial regime in 1960 retained the repressive laws for the same purpose. In Chike Obi v DPP (1961) All N.L.R., the Supreme Court held that the pamphlet issued by the defendant wherein he had described the government as corrupt was capable of inciting the people. However, in Nwankwo v the State, the Court of Appeal, it was held that the provisions of the criminal code relating to sedition were illegal and unconstitutional for violating the right to freedom of expression.  It was the view of the court that public officers who feel offended by any publications should not use the machinery of government to protect themselves but sue for libel and put their reputation in issue.

    But the military dictators who ruled the country for close to three decades, closed down media houses and jailed journalists or detained anti-corruption crusaders.  Apart from ordering the release of those who were illegally detained, the court kicked against the closure of media houses. In Tarka v Daily Sketch, the plaintiff, a serving minister under the Gowon-led junta, was accused of corruption by a businessman. In dismissing the libel suit, the court urged the media to publish and be dammed. Notwithstanding that the Babangida junta expelled a foreign journalist, closed down media houses, detained journalists and parcel-bombed a prominent journalist Dele Giwa. Nigerians were not deterred from exposing corruption. The Olusegun Obasanjo administration which established the EFCC and ICPC (Independent Corrupt Practices and Miscellaneous Offences Commission, was accused of using both anti-graft agencies to settle scores. Both the Yar’ Adua and Jonathan administrations did not pretend to fight corruption. All the same, President Jonathan was pressured by civil society organisations to sack the then Aviation Minister, Mrs. Stella Oduah.

     

    Time to fight the

    enemies within

     

    Since the Buhari administration commenced the war against corruption last year, it has enjoyed the support of the Nigerian people. However, corruption is fighting back on two fronts.  From outside the battlefront, the beneficiaries of corruption have accused the government of selectively targeting its political opponents in the Peoples Democratic Party (PDP).  The allegation has been dismissed by Nigerians as all the suspects arrested by the EFCC have not denied their involvement in the mega looting of the treasury. Apart from the fact that majority of those who have been arrested are military officers and government contractors, a number of the suspects who are members of the PDP have actually refunded part of the loot.

    From the home front, it is evidently clear that some highly-placed public officers, who have been linked with corruption, are trying desperately to discredit and sabotage the war. Disturbed by the clamour for the removal and prosecution of such individuals, the government has urged Nigerians to stop making baseless allegations against serving public officers. In spite of the clarification by the government, the online media have continued to substantiate the allegations of corruption against the Chief of Army Staff (COAS) and the Minister of Interior.

    Instead of attacking the imaginary enemies of the government, the anti-corruption war calls for an urgent review of strategies. For instance, it was recently reported in the media that three ex-COAS had been indicted by the arms procurement panel.  But when the report was eventually released, the name of one of the three security chiefs, who is a serving minister, was missing. Not unexpectedly, allegations of cover-up were raised in the media. Embarrassed by the development, the government reacted by denying any cover-up and explained that the panel had not investigated the arms procurement from 2007-2010 when the minister served as the COAS.

    Before the release of the controversial report, a group had alleged that the COAS Gen. Tukur Buratai had purchased some properties worth $1.5 million in Dubai, United Arab Emirates (UAE). In defending the allegation, the Nigerian Army claimed that the general bought the properties from his legitimate earnings.  In confirming that the properties were declared, the Code of Conduct Bureau (CCB) claimed that the army chief had declared them in the name of his wife. Aside the statement, the CCB should proceed to investigate and confirm that the properties were legitimately acquired from the income of the general.  This investigation should be speedily and transparently conducted to assure Nigerians that there are no sacred cows in the prosecution of the war against corruption.

    Another official, whose conduct ought to be investigated by the government, is the Comptroller-General of Prisons, Mr. Jafaru (Ahmed). According to media reports which have not been denied the prison boss is alleged to have reduced his age by two years. Since two judges were recently dismissed for reducing their ages and ordered to refund the money they had illegally collected the Comptroller-General of prisons ought to be removed from office without any further delay. Similarly, having identified the top civil servants in the Presidency who padded the 2016 Budget, the Federal Government should hand them over to the EFCC for prosecution.

    It is particularly disturbing to note that both chambers of the National Assembly dominated by the ruling All Progressive Congress (APC) are frustrating the anti-corruption war. For instance, contrary to the anti-corruption policy of the Federal Government, and in utter violation of Section 81 of the Constitution, some unscrupulous legislators are said to have padded the 2016 Budget. The chairman of the Appropriation Committee in the House of Representatives, Abdulmumin Jibril has just stepped down over allegations that he single-handedly allocated N4 billion to his constituency. In reaction to the allegation, Jibril has accused the House leadership of padding the budget to the tune of N40 billion. These serious allegations should not be swept under the carpet or treated as an internal affair of the House. The claims and counter-claims should be investigated by the EFCC without any delay and all the legislators and civil servants who are indicted should be prosecuted.

    The APC-led National Assembly has also engaged in collecting jumbo emoluments for services not rendered to the nation. Whereas Section 63 of the Constitution provides that the Senate and the House of Representatives shall each sit for not less than 181 days in a year, Section 68 thereof states that any legislator who fails to attend the proceedings of the Senate for less than one third of the required number of days shall automatically lose his or her seat. For the first legislative year which ended on June 9, the Seventh session of the National Assembly did not meet the constitutional requirement. Specifically, due to incessant recesses, the House of Representatives sat for only 104 days while the Senate sat for 96 days. This means that the Senate sat for barely 50 per cent of the required sitting period. Indeed, some of the senators who had to attend criminal courts where they are standing trial for corrupt practices did not seat for up to 70 days throughout the legislative year.

    The Senate was actually shut down on a number of occasions to enable the Senate President, Dr Bukola Saraki to attend the proceedings of the Code of Conduct Tribunal (CCT) where he is standing trial for false declaration of assets. And in solidarity with him, a number of senators abandoned their duties to accompany him to the tribunal. Since the labour policy of “no work no pay” is applicable to all public officers the legislators ought not to have been paid when they did not perform any legislative duty. In other words, having failed to sit for the mandatory period of 181 days the legislators were not entitled to payment of full salaries and allowances for the whole legislative year. Having been paid full emoluments when they failed to sit for the required number of days, the legislators ought to refund some money to the treasury. In the circumstance, the Accountant-General of the Federation should ensure that the legislators are made to refund the money collected for the number of days they failed to sit in the National Assembly. Furthermore, it is high time the Federal Government stopped the payment of salaries and allowances to former governors who are in the senate. Since they are on pension for life, it is illegal to continue to pay them salaries and allowances at the same time.

     

    Conclusion

     

    In view of the commitment of the Federal Government not to compromise the prosecution of the war against corruption, President Buhari should sack all public officers who cannot explain their sources of stupendous wealth. At the same time, to address the problems of poverty in the society, the Buhari administration has to invest in the welfare of Nigerians and proceed to mobilise them to fight against corruption. The Rotary Club and other civil society organisations should ensure that the activities of government are closely monitored with a view to exposing corrupt practices in the government.  Finally, the Federal Government should ensure that all the civil servants and legislators who padded the budget together with those who have diverted money donated by international agencies are prosecuted.

     

     

     

  • Immunity, impunity and anti-corruption war

    Immunity, impunity and anti-corruption war

    A bill before the House of Representatives, seeking to alter the 1999 Constitution to provide immunity for the presiding officers of the National Assembly has sparked a controversy. Assistant Editor LEKE SALAUDEEN examines the row over proposed amendment.

    THE bid by the National Assembly to amend Section 308 (3) of the 1999 Constitution to provide immunity for the presiding officers of the Senate and the House of Representatives has drawn the ire of the Nigerian public. The section provides immunity for the President, the Vice President; state governors and their deputies. The bill before the House seeks to extend that provision to the Senate President, the Deputy Senate President, the Speaker of the House of Representatives and his deputy, as well as those of 36 states’ House of Assembly and their deputies.

    Observers say the move is to circumvent the trial of the Senate President Bukola Saraki and his deputy, Ike Ekweremadu, over alleged forgery of the National Assembly Rules and Procedure at the Federal High Court, Abuja. The Senate mooted the idea following the arraignment of Saraki before the Code of Conduct Tribunal (CCT) for alleged under and anticipatory declaration of assets, when he held sway as governor of Kwara State between 2003 and 2011. The outrage that greeted the bill forced the Senate to drop it.

    Nigerians are surprised that members of the National Assembly had the effrontery to re-visit the issue which had given it a bad name in the eyes of the public. The consensus of analysts is that the leadership of the legislature is not sensitive to public opinion. According to such analysts, the lawmakers, particularly those in the upper chamber, are considered as a greedy lot who think only about their comfort at the expense of the people they represent.

    Legal luminary, Chief Niyi Akintola (SAN), is opposed to the idea of extending the provision to the leadership of the National Assembly, on the grounds that they would abuse it and that it would further breed impunity. He said: “It is customary to abuse privileges in Nigeria; it is not in Nigerian character to respect the law. The way some of our lawmakers behave nowadays put fears in the minds of the people that if they are granted immunity, they would misuse it.

    “Rather, I will advocate that the immunity granted state governors be abolished, because they are using it to perpetrate impunity. I know a governor who drove against the traffic with his convoy and in the process hit a lawyer’s car. It was the Attorney General of the state that was sued, not the governor, because he was covered by immunity. The court awarded damages to the car owner, which was paid from the state’s coffer. You can imagine the governor using the tax payers’ money to pay for the offence committed by him.

    “If governors should enjoy immunity, it should not cover criminal offences. There is no law that allows governors to drive against traffic. If we should extend immunity to the Senate President and Deputy Senate President; Speaker and Deputy Speaker of the House of Representatives, we are preparing fertile grounds for impunity to further spread in the system.”

    Former Deputy Senate Minority Leader, Senator Olorunnimbe Mamora, said granting immunity to principal officers of the National Assembly is unnecessary.  He said: “You can’t compare the executive with the legislative; they perform different roles. The nature of the assignment of the executive arm of government informed the decision of the drafters of the constitution to grant them immunity, to allow them to operate without distraction.”

    Mamora said it is not out of place for the President, the Vice President and the state chief executives and their deputies to enjoy immunity. He added: “But, we will be stretching it too far by extending it to the legislature. The position of Senate President, the Speaker of the House of Representatives and their deputies is just like electing class captain and deputy class captain. It is totally unnecessary, given the nature of the assignment being carried out by the legislature. Legislators enjoy immunity, as far as what they say within the hallowed chambers of the National Assembly is concerned.

    “There is nowhere in the world where legislators enjoy immunity in the classic sense. We have to conform to international practices. The people you are representing don’t agree with immunity. If you include it in the constitutional amendment proposals, it won’t get the required two-third majority in the National Assembly and two-third of 36 Houses of Assembly. I can assure you it won’t pass; it is a futile exercise.”

    Another lawyer, Malam Yusuf Ali (SAN), wants an amendment to the constitution, to make chief executives accused of corruption and mismanagement liable for prosecution. Ali said if the National Assembly wishes to consider immunity for its members, there should be public hearing to gauge the views of the people. He regretted that constitutional amendments carried out in the past did not achieve tangible results.

    He added: “All the millions invested are usually wasted. We make a lot of movement in this country without progress. There is no provision of immunity for the judges, but you can’t stop them from doing their job. As a nation, we should not look at the immediate problem, but our future. There is merit and demerit to both sides of immunity.”

    Afenifere chieftain Senator Olabiyi Durojaiye said emphatically that there should be no immunity for legislators. He said immunity was meant for the executive arm alone. He recalled that he recommended the removal of immunity for the executive in the 1998 Constituent Assembly that drafted the 1999 Constitution.

    Durojaiye who was in the Senate between 1999 and 2003 went down the memory lane: “I made a recommendation that the immunity enjoyed by the executive should be withdrawn and that their security vote should also be abolished. But, it was shut down as being ultra radical. I cannot contemplate extending it beyond executive.

    “When I was in the Senate, the country was blessed with experienced and matured people serving as senators. They regarded election into the Senate as a great honour and call to service. We never contemplated any suggestion for self-servicing or personal aggrandisement. At that time, we had people of impeccable character; people who had made their mark in their chosen professions like public service, military, academic and private life. It is unfortunate that the Senate has descended from the height of honour and prestige such that it is being derided and referred to as corrupt chamber.”

    The Chairman, Presidential Advisory Committee Against Corruption, Professor ItseSagay (SAN), said the quest for immunity by members of the National Assembly tantamounts to planning for a crime and demanding immunity in advance to cover up.

    Sagay said: “Many are still questioning the immunity granted the President and the governors and then some are proposing immunity for senators. Should all Nigerians be asking for immunity then? I am so shocked that some could be dreaming of such outrageous and annoying idea.”

    Justifying immunity for the presiding officers of the two chambers of the National Assembly, the initiator of the bill and the Minority Leader, House of Representatives, Hon. Leo Ogor, said the amendment was purely for the independence of the legislature as an arm of government. He said the on-going forgery case against Saraki and his deputy is an interference with the independence of the legislature, hence the need for immunity.

    Ogor, who represents Isoko Federal Constituency, Delta State, harped on the need for the independence of the legislative arm of government, arguing that immunity would protect the presiding officers from unnecessary distractions. The essence of the amendment, he added, is to address any act of mischief directed against the National Assembly, as being alleged today.

    In his own estimation, the former Chairman of the Nigeria Bar Association (NBA), Ikeja branch, Mr. Monday Ubani, believes that people who do not consider public service as honour will abuse immunity, if granted. He said extending immunity to legislators is unacceptable to majority of Nigerians.

    Ubani said it is revolting that members of the National Assembly are asking for immunity when people are clamouring for the removal of the one granted the executive. He said: “They are demanding for immunity because they want to use it to shield their principal officers from trial when they commit crimes. Nigerians are against it and if they go ahead with the proposal, they will rise against it. If their hands are clean and if they don’t have skeletons in their cupboards, they will not insist on immunity.

    “They are already enjoying limited immunity. Any expression made on the floor of the National Assembly by its members cannot be challenged in the court of law. But, what they want is a blanket immunity which they will never get it.

    “The leadership of the Senate should be mindful of its image, which is nothing to write home about. For the Senate to be proposing immunity for its leadership is unacceptable. If care is not taken the eighth National Assembly will be the worst in the history of legislature in this country.”

     

  • Buhari’s anti-corruption war (2)

    Buhari’s anti-corruption war (2)

    Surely, the ripple effect of the recent reckless comment made by David Cameron, the British Prime Minister, who described Nigeria as “fantastically corrupt”, is still smouldering. Like I said last week, Cameron’s comment was not totally off the mark, except that as a man occupying such a sensitive position, he could have been more circumspect. Anyway, as they say, truth is bitter. Now we know that we have a lot more to do to erase the ugly perception that Nigeria is a country where anything goes. It is not Buhari’s job to do alone. It is for all of us to change the current maggoty destiny of this country and create a new image altogether.

    So, who is really fighting corruption? And who are those sustaining corruption in the country? Although this piece is about corruption, our other security agencies who should be working in synergy with the anti-graft agencies have not fared better. They have often been found amazingly wanting. Recently, the Department of State Security, DSS, cried blue murder and came up with the dangerous insinuation that five Fulani herdsmen were killed and buried in a shallow grave somewhere in a south eastern state. I do not know the rationale in making such an explosive and uncharitable statement in a country where brothers go for one another’s jugular at the slightest provocation.

    The DSS said a total of 50 shallow graves were discovered. How the DSS was able to identify five of the graves as containing the remains of Fulani herdsmen is still baffling to many. Perhaps, those at the helm of affairs at the DSS now are ignorant of the pogrom that preceded the nation’s 30-month civil war between 1967 and 1970. At any rate, that official indiscretion by the DSS must have set the stage or laid the foundation for the massacre that later took place in Nimbo community in Enugu State, where several innocent people were slaughtered in cold blood and many houses razed by supposed Fulani marauders.

    Anyway, back on track, Nigerians are happy that the bad eggs amongst us are gradually being exposed. In other words, now that the chickens are coming home to roost, the talk everywhere is that this corruption war is politically motivated because only members of a particular political group are being harassed by the anti-graft agencies. I know that some people have said that it appears to be so because the PDP was the party that called the shots in the last 16 years. But even at that, it does not mean that the other parties are constituted by angels. Some of their members’ antecedents are well known and documented in the public domain. So, if the corruption war must be waged, it must be total and entire. Otherwise, we may end up scorching the snake and not actually killing it.

    Agreed, the President is determined to fight corruption with all the ammunitions at his disposal, but the sad thing is that he seems to be alone in this battle to get rid of corruption in the country. Right now, there are glaring indications that some of the people in the president’s camp may not be comfortable with his stance on corruption. It is obvious that some of them are eager to make money too to line their pockets for the advancement of their political ambitions. It is either they cannot get the president’s ear or he has not looked in their direction in terms of appointment of their cronies to juicy offices. Such disgruntled elements are believed to be working clandestinely to undermine the President. Whenever they find it convenient, they have criticised the President’s style of governance using some fronts. Some may have even chosen to take the war against the president to some international fora for maximum effects.

    The controversy that trailed the 2016 budget is a clear signal that corruption is alive at the highest level of governance in Nigeria. Those who smuggled items and money into the bill knew what they were doing. Of course, that was not the first time the budget was being padded by ministry and budget officials as well as members of the National Assembly, particularly members of the appropriation committees of both houses. In the first instance, some of those (dis)honourable members of the National Assembly got there after running down the finances of their states and ministries.

    As for the National Assembly, it is obvious that the members are not on the same page with the president in the war against corruption. There seems to be confusion within the ranks of the APC members in both houses of the National Assembly, but the division or schism is more pronounced in the Senate. It was that lack of cohesion and understanding that created a yawning gap and prepared the ground for both Bukola Saraki and Ike Ekweremadu, a PDP senator, to emerge Senate President and Deputy President respectively in June last year. The APC that has a slim majority over the PDP in the Senate has never recovered from the shock and trauma of losing the leadership of the Senate to entirely a new comer and a member of the opposition party. All attempts to dislodge the duo from their thrones have not produced the desired result. Instead, both Saraki and Ekweremadu have dug in and are still calling the shots.

    This is in spite of the case involving Saraki, who is facing charges of non-disclosure of assets before the Code of Conduct Tribunal sitting in Abuja. As bad as the case is, Saraki has continued to enjoy the support of his colleagues who appear to be solidly united behind him. Any day he appears in court, he is closely followed by a retinue of senators who have made it a duty to rally round him in his hour of trial. To these senators, they are not in the least bothered by the negative public perception that has trailed their presence at the CCT proceedings. It is very clear that the senators are alienated from the very public they claim to be serving. They are also daily distancing themselves from the vision and aspirations of the Buhari administration especially the war on corruption the administration is waging relentlessly with vigour.

    Furthermore, the recent fuel price hike, the scarce foreign exchange and the high cost of living, have all combined to depress Nigerians. The situation is so bad that today, Nigerians have almost lost hope in their country and their leaders. They may be right. Since the military regime of General Olusegun Obasanjo introduced some belt-tightening measures in 1976, the poor masses have always been called upon to make sacrifices while the privileged few who are neck-deep in the cesspit of corruption are living in opulence.

    In addition, the killings and kidnappings that are simultaneously going on in many parts of the country, as well as the current indiscriminate bombing of oil pipelines by hoodlums in the Niger Delta, have reached an alarming proportion. When you analyse all these unfortunate scenarios, you will discover that corruption is at the very root of all the confusion in the country.  Corruption in Nigeria is fantastically pervasive. It has almost ruined the country. Certainly, Nigerians are eager to see the change they voted for. Therefore, the Buhari administration will need to quickly go back to the drawing board and come up with a good strategy to bring succour to the suffering and suffocating Nigerians. urely, the ripple effect of the recent reckless comment made by David Cameron, the British Prime Minister, who described Nigeria as “fantastically corrupt”, is still smouldering. Like I said last week, Cameron’s comment was not totally off the mark, except that as a man occupying such a sensitive position, he could have been more circumspect. Anyway, as they say, truth is bitter. Now we know that we have a lot more to do to erase the ugly perception that Nigeria is a country where anything goes. It is not Buhari’s job to do alone. It is for all of us to change the current maggoty destiny of this country and create a new image altogether.

    So, who is really fighting corruption? And who are those sustaining corruption in the country? Although this piece is about corruption, our other security agencies who should be working in synergy with the anti-graft agencies have not fared better. They have often been found amazingly wanting. Recently, the Department of State Security, DSS, cried blue murder and came up with the dangerous insinuation that five Fulani herdsmen were killed and buried in a shallow grave somewhere in a south eastern state. I do not know the rationale in making such an explosive and uncharitable statement in a country where brothers go for one another’s jugular at the slightest provocation.

    The DSS said a total of 50 shallow graves were discovered. How the DSS was able to identify five of the graves as containing the remains of Fulani herdsmen is still baffling to many. Perhaps, those at the helm of affairs at the DSS now are ignorant of the pogrom that preceded the nation’s 30-month civil war between 1967 and 1970. At any rate, that official indiscretion by the DSS must have set the stage or laid the foundation for the massacre that later took place in Nimbo community in Enugu State, where several innocent people were slaughtered in cold blood and many houses razed by supposed Fulani marauders.

    Anyway, back on track, Nigerians are happy that the bad eggs amongst us are gradually being exposed. In other words, now that the chickens are coming home to roost, the talk everywhere is that this corruption war is politically motivated because only members of a particular political group are being harassed by the anti-graft agencies. I know that some people have said that it appears to be so because the PDP was the party that called the shots in the last 16 years. But even at that, it does not mean that the other parties are constituted by angels. Some of their members’ antecedents are well known and documented in the public domain. So, if the corruption war must be waged, it must be total and entire. Otherwise, we may end up scorching the snake and not actually killing it.

    Agreed, the President is determined to fight corruption with all the ammunitions at his disposal, but the sad thing is that he seems to be alone in this battle to get rid of corruption in the country. Right now, there are glaring indications that some of the people in the president’s camp may not be comfortable with his stance on corruption. It is obvious that some of them are eager to make money too to line their pockets for the advancement of their political ambitions. It is either they cannot get the president’s ear or he has not looked in their direction in terms of appointment of their cronies to juicy offices. Such disgruntled elements are believed to be working clandestinely to undermine the President. Whenever they find it convenient, they have criticised the President’s style of governance using some fronts. Some may have even chosen to take the war against the president to some international fora for maximum effects.

    The controversy that trailed the 2016 budget is a clear signal that corruption is alive at the highest level of governance in Nigeria. Those who smuggled items and money into the bill knew what they were doing. Of course, that was not the first time the budget was being padded by ministry and budget officials as well as members of the National Assembly, particularly members of the appropriation committees of both houses. In the first instance, some of those (dis)honourable members of the National Assembly got there after running down the finances of their states and ministries.

    As for the National Assembly, it is obvious that the members are not on the same page with the president in the war against corruption. There seems to be confusion within the ranks of the APC members in both houses of the National Assembly, but the division or schism is more pronounced in the Senate. It was that lack of cohesion and understanding that created a yawning gap and prepared the ground for both Bukola Saraki and Ike Ekweremadu, a PDP senator, to emerge Senate President and Deputy President respectively in June last year. The APC that has a slim majority over the PDP in the Senate has never recovered from the shock and trauma of losing the leadership of the Senate to entirely a new comer and a member of the opposition party. All attempts to dislodge the duo from their thrones have not produced the desired result. Instead, both Saraki and Ekweremadu have dug in and are still calling the shots.

    This is in spite of the case involving Saraki, who is facing charges of non-disclosure of assets before the Code of Conduct Tribunal sitting in Abuja. As bad as the case is, Saraki has continued to enjoy the support of his colleagues who appear to be solidly united behind him. Any day he appears in court, he is closely followed by a retinue of senators who have made it a duty to rally round him in his hour of trial. To these senators, they are not in the least bothered by the negative public perception that has trailed their presence at the CCT proceedings. It is very clear that the senators are alienated from the very public they claim to be serving. They are also daily distancing themselves from the vision and aspirations of the Buhari administration especially the war on corruption the administration is waging relentlessly with vigour.

    Furthermore, the recent fuel price hike, the scarce foreign exchange and the high cost of living, have all combined to depress Nigerians. The situation is so bad that today, Nigerians have almost lost hope in their country and their leaders. They may be right. Since the military regime of General Olusegun Obasanjo introduced some belt-tightening measures in 1976, the poor masses have always been called upon to make sacrifices while the privileged few who are neck-deep in the cesspit of corruption are living in opulence.

    In addition, the killings and kidnappings that are simultaneously going on in many parts of the country, as well as the current indiscriminate bombing of oil pipelines by hoodlums in the Niger Delta, have reached an alarming proportion. When you analyse all these unfortunate scenarios, you will discover that corruption is at the very root of all the confusion in the country.  Corruption in Nigeria is fantastically pervasive. It has almost ruined the country. Certainly, Nigerians are eager to see the change they voted for. Therefore, the Buhari administration will need to quickly go back to the drawing board and come up with a good strategy to bring succour to the suffering and suffocating Nigerians.

  • Buhari’s anti-corruption war (1)

    Buhari’s anti-corruption war (1)

    It was strange but not totally new. And when it happened last week, all hell was let loose by concerned Nigerians. A television station in the United Kingdom had aired the transcript of what appeared to be an “official gossip” involving David Cameron, the British Prime Minister who was caught on camera, at a dinner where he labelled Nigeria and Afghanistan as two “fatalistically corrupt” countries.

    Before Cameron’s mouth diarrhoea, a British tabloid had also run a story that was calculated to rubbish the anti-corruption credentials of President Muhammadu Buhari. The story had pointed accusing fingers at Buhari and his family which the paper described as living in opulence, with his children attending expensive schools in London and flying in first class compartments of aircrafts while the ordinary Nigerian is barely eking out a living.

    While the dust raised by the tabloid was still simmering, the British Prime Minister rubbed salt on the injury. His unfortunate statement came on the heels of last Thursday’s anti-corruption conference which was hosted by the British government where Nigeria’s President and a number of other leaders met to strategise on ways to end the scourge of corruption now ravaging everywhere.

    Expectedly, Cameron’s comment attracted wide outrage with some accusing him of not being a saint himself as revealed in the now famous Panama Papers. However, in spite of Cameron’s undiplomatic tantrums, Buhari was unruffled as he threw a direct jab at Cameron whom he pointedly told to double up efforts to return Nigeria’s stolen assets and wealth now domiciled in the Britain and other parts of the world.

    The Nigerian President was right. The United Kingdom is one of the most favoured destinations by corrupt Nigerian officials to hide funds stolen from the country’s treasury. And as these stolen funds trickle into the British economy, no concerted effort is made by the British government to question the source or legitimacy of these funds even when it is very clear that the funds are proceeds of corruption. Unfortunately, even when they are clearly identified as such, it takes eternity for the British government and other governments around the world to allow such funds to be returned to the legitimate owners. In that case, there is a seeming case of official conspiracy to commit money laundering or aiding and abetting corruption.

    At any rate, no one is in doubt about the seriousness and the tenacity with which Buhari has been waging the current anti-corruption crusade in Nigeria. Hope was rekindled among the generality of Nigerians after the President delivered his acceptance speech before a capacity crowd at the Eagle Square, Abuja, on May 29, 2015. The President had declared that he was going to wage a titanic war on corruption which had long become an endemic cankerworm that has eaten deep into the fabric of the nation.

    All along, Nigerians knew corruption as a hydra-headed monster destroying the nation. The reason is that everybody knows it. But nobody was bold enough or has been able to muster enough courage to tackle the menace. The closest we have come is for some past leaders to condemn the attitude by word of mouth whenever the opportunity presented itself, while they themselves, their cronies and acolytes are neck deep in nefarious activities.

    Nigerians believed Buhari and actually rooted for him. They were convinced by his track-record and they knew he could be taken for his words. So, Buhari rode on the crest of popular support into office. Not long after, he took off with the war on corruption in earnest. In the process, the gargantuan rot left behind by the immediate past government and other past administrations started being unearthed.

    It will be recalled that at the inception of democratic governance in the country in 1999, the party at the centre then was the People’s Democratic Party, PDP, a behemoth that ruled the country for 16 years – 1999-2015. At a particular point during this period, there was a time when the party was in control of more than 26 or 27 states of the federation. At that time, the opposition parties were so fragmented and too disorganised to tackle the PDP. This gave the PDP a free reign to plunder the nation’s resources.

    But thanks to the coalition of some four political parties and a splinter group from the PDP, the 2015 election saw the exit of the octopus PDP from power. It was succeeded by the Buhari administration which rode into the villa with its ‘change’ mantra. What is this ‘change’ mantra? The mantra entails that the country will have to change its ways from the way it did business in the past, to a new way with compliance to international best practices. It was obvious that the country was plagued by corruption at all levels–businessmen, bankers, politicians, civil servants, the Military, the Police and other surfeits of security agencies, are all intensely corrupt. And this was not leading the country anywhere. Instead, Nigeria and Nigerians had gained notoriety for corruption and corrupting influence.

    Over the years, corruption had been allowed to flourish unhindered in our public and private lives on a very debilitating and disturbing scale. Reversing this trend, therefore, will certainly not be a day’s job. It is going to be a long haul. The president himself has said this much at many fora that the anti-corruption war his government has embarked upon will be a difficult, tortuous journey but he is determined to get to the Promised Land. That Promised Land is to make Nigeria a country where due diligence and transparency are observed in doing business; a country where accountability matters; a country that operates on a level playing field with opportunity to all, etc.

    Of course, in the first few weeks of the Buhari administration, things appeared to be moving fine and people everywhere applauded the bold steps the new government was taking to address the decay of the past. Even outside the country, the applause reverberated. The general feeling was that a new Sheriff had come to town. Compliance with best practices suddenly became a norm rather than the exception. Even the DISCOs – (Electricity Distribution Companies) – as the lords of power distribution are now called, quickly whipped their men into order. Light was everywhere unlike in the past when it was a luxury to even have 30 minutes of electricity. Civil servants in Abuja got to work early and things appeared to be normal.

    People said it was a response to the new president’s body language. The nation’s anti-graft agencies, the Independent Corrupt Practices Commission, ICPC and the Economic and Financial Crimes Commission, EFCC, also scrambled to their feet as the new president’s “body language” seemed to have woken them from their hitherto deep slumber. What followed was a rash of indiscriminate arrests, obtaining confessions under duress and trial on the pages of newspapers. In my life, I have not seen where a security agency became as loquacious as the EFCC has been doing these past few months. It is interesting to note that up till this moment, not a single suspect has been found guilty of any financial malfeasance as the EFCC had made the public to believe through the media. This is worrisome.

    When Cameron said the country was fantastically corrupt, his statement, though unbecoming of a man in such a high political office, was not totally off the mark, more so, as the degree of corruption in Nigeria is incredible, scandalous and alarming. And with the snail speed at which this anti-corruption war is being prosecuted by the anti-graft agencies, especially their system of arrest before scouting for evidence to nail suspects, we might end up just scratching the monster in the face. May God help us!

     

  • ‘Judiciary is a critical partner in anti-corruption war’

    ‘Judiciary is a critical partner in anti-corruption war’

    Mrs Boma Ozobia is a former Commonwealth Lawyers Association (CLA)  president. In this interview with JOHN AUSTIN UNACHUKWU,  she speaks on the judiciary’s role in the anti-corruption war.

    The judiciary appears to be in the spotlight with the current war against corruption. Do you believe that it is playing its role creditably? 

    Indeed the judiciary is a critical component in the war against corruption. It is, however, only a part of the collage and if the other parts are dysfunctional we will end up with a jumbled picture rather than the perfect outcome we all desire.

    We tend to equate the judiciary, which is a collective name for judges, with the administration of justice.  We forget that there is a whole support system that has to be properly functional in order for the judges to perform at optimum as well. The judge has to have a court that works! Communication, data entry and storage, reliable research support, and all of those things we require as practitioners and more. Where judgments have been delivered and litigants are waiting for weeks for these to be typed up, or a judge is constrained to carry files home because the registry may misplace the file due to the inefficiency of the system, then clearly the justice administration system is not only failing the Nigerian masses, it is failing the judiciary.

    Is the judiciary not in charge of the justice administration system?

    It would appear on the face of it that the judiciary is in charge of the justice system, but the reality as expressed in the old adage, ‘he who pays the piper, dictates the tune’, is that the executive and to an extent the NASS control the purse strings and therefore, have a crucial role to play in determining how efficiently our justice administration system works. The 2016 budget is not at all encouraging in that respect as the provision for justice administration is woefully inadequate. In order to ensure that the courts are equipped to play their role as a crucial part of the war against corruption, they must be properly funded by way of a supplementary budget this year, not 2017.

    Are you concerned by increasing number of petitions against judges?

     Well, on this issue, I think we all should be guided by the statistics. Justice Aloma Mukhtar you will recall said that upon her assumption of office as Chair of the NJC, the panel inherited 139 petitions of which 106 were, to quote her, “vexatious and baseless”. This description of vexatious and baseless applied to more than three quarters of all the petitions against judges that was inherited by the former CJN and the Commission at the time, for goodness sake! She went on to say that after assumption of office they, received 198 petitions, 150 of which were found to be frivolous. Again, approximately three quarters. That is an inordinately high number and seems to imply, at least in my considered opinion, that the problem is not with the judges per se, but with the petitioners who are invariably litigants before these judges. And perhaps with those who represent them. It is either these litigants have not been properly guided or have not had the benefit of professional assistance at all.

    What is the way out?

    More recently, we are witnessing the debilitating effects of these frequent, mostly unfounded but nonetheless damaging petitions on our justice system. When a judge feels obliged to recuse himself due to an allegation of bribery on online ‘news’ websites and other questionable publications, then the pendulum is clearly not balanced and steps need to be taken to balance the equation.  Another example is the recent furore about a judge and a litigant belonging to the same class of the Nigeria law school. Incidentally, this happens to be my class and I can tell you that I did not know the judge in the law school, nor the petitioner, nor any of the other class members who have commented on this thus far. If a judge is to recuse himself for attending law school at the same time as a litigant before him, it stands to reason that he must also recuse himself if a class mate appears before him as an advocate. Where will it end?

    We seem to have a penchant for setting up various Judicial Commissions and Panels of Enquiry, how useful are they?

     Such commission or panel has to have the confidence of all the parties in order for it to perform its assignment successfully. Take the recent incident in Kaduna State between the Army and members of the Shiite sect. The lawyers to the Sect recently announced that they would not appear before the commission. The incidents arising out of the recent Rivers State re-run election has also resulted in the state government setting up a Commission. The question that arises, to my mind every time a commission is set, is how inclusive is the process. Did government consult all stakeholders in relation to the composition of the panel, terms of reference and modus operandi prior to setting up the commission or did it proceed unilaterally and then invite stakeholders as has been the case more often than not. Furthermore, do we set up these panels and commissions as a means to an end rather than an end in itself?

    Lawyers have been accused as being  part of the problems; do you believe that they are part of the solutions?

     Our professional ethics requires us to be a part of the solution. We are officers of the court as well as advocates and advisers to parties before the court and our clients in none litigious transactions. Every Nigerian is entitled to a lawyer if charged before a court, no matter how heinous the crime or how large the sum alleged to have been stolen. Hence, all of those currently charged with corruptly enriching themselves or others with our commonwealth are entitled to their day in court and their choice of lawyer or lawyers. However, we must not assist litigants who may be inclined to do so, to pervert the course of justice by our superior knowledge of the justice administration system and the inherent weaknesses of the system.

  • Ex-ANA president hails Buhari’s anti-corruption war

    Ex-ANA president hails Buhari’s anti-corruption war

    Ex-president of the Association of Nigerian Authors (ANA), Prof Olu Obafemi, has drummed support for President Muhammadu Buhari in his war against corruption.

    The playwright said the president should extend the war to address the change of attitude of Nigerians.

    Obafemi told reporters in Ilorin, the Kwara State capital after the staging of his play titled: Night of mystical beast by 100 level students of the Department of English, University of Ilorin (UNILORIN).

    Said he: ”It is a good thing and I think every sane Nigerian will support the ongoing war against corruption. Corruption is a cankerworm that has eaten deep into the fabric of our society and any effort aimed at uprooting it is welcomed. But the problems of the Nigerian society now cannot be solved only by stopping corruption.

    “There is a rot image of our society now and the battle that is going on has not really touched the attitude of Nigerians. The policeman at the checkpoint is still taking his bribe; I heard that the firemen are talking of better fire. The academics, workers are still carrying on as if nothing has happened. There is a deep attitudinal change that needs to be addressed. There is need for fundamental reorientation of national psyche so that it does not get worst after the war against corruption.”

    The professor of Literature added that plays and theatre are veritable platforms for societal change and transformation.

    “If we as playwrights don’t see how plays can influence a change, then there is no point writing plays. We have a fundamental believe that literature and theatre can serve as an instrument for social transformation but don’t let us misconstrue that play itself can change the society. Plays are to point alternatives to society. May be these students we are teaching would at the end of the day become change agents in the society.

    “When the Ogundes were here, they also suffered punishments. They were arrested and his plays banned, but he made his point. So, if a play is good it will have an enduring value and we don’t know who is going to learn from it. I believe that there is a positive dimension in play writing and literature,” he said

    On the play, he said: “It is an epic play which runs through the ages; from pre-colonial, the colonial, the independence and post independence eras. The whole essence is to see how in the process of history society develops, learns its lessons and it is meant to improve. As you know, the political nationalists fought for the independence, but you find out that the instruments of oppression did not disappear even when we took over government.

    “In fact, cultural nationalists and unionists became enemies of government and the gates of prisons began to open and close in on them, whereas the politicians became opulent, lascivious, corrupt both morally and physically and there was again the need for further change.There was cynicism and disillusionment in the community to the extent that the prostitutes did not trust the whole process of transformation because they suffered cynical pessimism because of government failure.

    “Society is ruled by all kinds of myths; religion capitalism and so on which are deplored for the exploitation of people. The book is calling for liberation of consciousness; for people to be aware of the need for social transformation based on an understanding of the problems of the society and how to free themselves.”

  • How to ensure success of anti-corruption war, by Sagay, Malami, others

    How to ensure success of anti-corruption war, by Sagay, Malami, others

    The Chairman, Presidential Advisory Committee on Anti-corruption, Prof. Itse Sagay, President of the Court of Appeal (PCA) Justice Zainab Bulkachuwa, Attorney General of the Federation (AGF) and Minister of Justice Abubakar Malami ((SAN) and Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ishaq Bello, have identified how to ensure the success of government’s anti-corruption efforts.

    They argued that the anti-corruption war could only be successful, where the criminal justice system functions effectively to prevent abuses, delay and exploitation by criminals.

    They contended that for the nation’s criminal justice system to effectively function, there was the need for mutual cooperation and collaboration among institutions within the system and operators in the criminal justice sector.

    Sagay, Bulkachuwa, Malami and Bello spoke in Abuja yesterday during the inauguration of the Criminal Justice Monitoring Committee CJMC) at the opening of a training workshop for judges of the High Court of the FCT on the Chairman, Presidential Advisory Committee on Anti-corruption, Prof. Itse Sagay said the implementation of the Administration of Criminal Justice Act (ACJA) 2015.

    Speakers were unanimous that if well applied, the ACJA, which aims to ensure speedy trial, would effectively eliminate existing challenges to criminal justice in the country.

    Sagay assured that the era, where looters of public funds manipulate the criminal justice system through delay, was over with the introduction of the ACJA 2015.

    He said a thorough understanding of the provisions of the Act and its effectively application by trial judges would allow the criminal justice system function to the benefit of all.

    “The administration of criminal justice system stands solidly as a pillar of democracy and the rule of law.  The ACJA is a revolution in the nation’s criminal justice system. The requirement (under the Act) that criminal cases be heard on a day-to-day basis will prevent instances, where preliminary issues in a criminal case goes from the trial court, through the Court of Appeal to the Supreme Court.

    “By then, 10 years will pass by and witnesses would no longer be found, evidences are defused, prosecution fatigue would have set in; the case dies quietly and the suspect keeps his looted, but he/she is never found guilty or not guilty. That situation has been obviated by this Act,” Sagay said.

    He noted that one of its many benefits is the balance that it maintains between the interest of the individual, the people and the state.

    He added that “the provision for speedy trail process in the Act will ensure that no one deprives the state and the masses of the people their resources and their rights by fraudulently acquire property frustrating the trial process.”

    Justice Bulkachuwa, who inaugurated the ACJMC, said the committee, which is a creation of the AC JA, was important in ensuring the success of the ACJA.

    She said she has no doubt that the committee would deliver on its mandate.

    The President of the Court of Appeal expressed the hope that when the system is assessed in the next year, an appreciable success would have been achieved.

    Malami said the ACJA, by providing for the establishment of the monitoring committee, is a great step in the reformation of the nation’s criminal justice system.

    “There is need for widespread awareness on the application and operation of the ACJ Act for the purpose of achieving the desired benefits inherent in it. The formal inauguration of the committee is a reflection of the willingness of all to ensure the success of the ACJA.

    “At this juncture, we need to work together in whatever way we can to make sure that the monitoring of the Act is successful. It is about promoting the course of justice and we remain committed to be associated with that commitment,” Malami said.

    Bello stressed the need for an effective and independent justice administration system to ensure the sustenance of democracy, protection of people’s rights and the enthronement of the principle of the rule of law.

    “The essence of democracy is justice. Every democracy ought, therefore, to strive to provide access to justice for all and protect the rights of the citizenry.

    “The destiny of our country lies in making the system of justice well-rooted in the rule of law, so that Nigeria can continue to maintain its place of pride within the comity of nations, where justice delivery is guided by the law, oath of office and most importantly, the fear of God,” he said.

    Members of the ACJMC include the Chief Judge of the FCT (as Chairman), the AGF, the Inspector General of Police (IGP) or, the Comptroller General of Prisons (CGP), the Executive Secretary of the National Human Rights Commission (NHRC), Chairman, Nigerian Bar Association (FCT), Director General of the Legal Aids Council and representatives of the civil society organisations.