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Tag: Anti-corruption

  • ICPC inaugurates Anti-Corruption Unit at RIVPOLY

    ICPC inaugurates Anti-Corruption Unit at RIVPOLY

    The Independent Corrupt Practices and other related offences Commission (ICPC), has inaugurated a six-member committee to head the Anti-Corruption Monitoring and Transparency Unit (ACTU) at the Rivers State Polytechnic (RIVPOLY), Bori.

    Speaking during the inauguration at RIVPOLY auditorium, the Secretary to the commission Mr. Elvis Oglafa who was represented by the Head of Corruption Monitoring and Evaluation Department, Mr. Banabas Gaji, said the committee should use the power vested in ACTU to eradicate the cankerworm called corruption.

    Oglafa maintained that the anti-corruption crusade needs a holistic approach, stressing that ACTU-RIVPOLY has a heavy task which “requires a lot of sincerity, sacrifice and dedication.”

    He noted that ACTU was borne out of the ICPC’S belief that members of an organisation are in a better position to understand or identify the loopholes through which corruption thrives.

    He said: “It is the belief of the ICPC that, those that are directly involved in the operation of each organisation activities, should easily understand their organisation better and be able to identify the cause and fertilising agents.

    “The crippled economy, the incessant price hikes, the ever widening gap between the rich and poor are all products of corruption. To reverse this trend, all hands must be on deck to tackle It.” he asserted.”

    Mr. Gaji who decried the high prevalence of corruption in the country, which has informed abject poverty, hunger, disease and debt, further called on all and sundry to rise up against the miasma of corruption in the country.

    Replying, RIVPOLY Rector, Bori, Mr. Nwolu Elechi thanked the ICPC for the visit, saying it was most timely and a welcomed development.

    Mr. Elechi who regretted the slow pace of development in the institution, attributed it to dearth of funds. “I pledged to maintain a zero tolerance level for corruption in the polytechnic, but we need fund for infrastructural development,” Elechi vowed.

  • Jonathan’s anti-corruption crusade

    Although President Goodluck Jonathan has been in the saddle as chief executive now for about 17 months, his leadership is yet to acquire a distinct character. This could be understood within the context of his emergence last year. He was at once expected to work towards realising the objectives of the administration he inherited from his boss and predecessor, Alhaji Umaru Musa Yar’Adua, and at the same time prove his mettle in good time ahead of the 2011 presidential election. How well he performed the delicate task is open for debate now.

    What can be said is that Nigerians appear to understand that he was walking a tight rope. He was easily forgiven his misdeeds and inaction because of the peculiarity of the circumstances. When again he became his own man in May, he told an expectant nation that had rewarded him with overwhelming votes that he would not allow leakages in the government coffers. He said Nigerian money would be spent developing Nigeria. He took the stand as soon as he was sworn in on May 29.

    During the past week, he repeated the pledge. He told the ministers, as he sworn in another batch, that his government would kick out and prosecute whoever is found to have converted public treasury to private estate. He gave instruction that all the ministries should be probed by the law enforcement agencies and whoever is found wanting should be made to face the law. It appeared sweet as the president reiterated his commitment to the war. He is commander-in-chief and he sought to define the war that he would be fighting.

    But, does he have the will to really fight graft? Could he succeed where his predecessors failed? There is very little to suggest that he has other strategies of fighting the hydra-headed ill. Many of those he has appointed were part of the last administration. It is obvious that they were not brought back on account of performance.

    There are too many pending questions, yet to be answered. At a point, there was a man called Makanjuola, a permanent secretary in the ministry of defence. The Obasanjo regime alleged that the man was found wanting in the handling of the ministry’s fund. But, what has happened to that case? It is about ten years since Makanjuola was eased out of the system. But, the founder of Transparency International did not think it necessary to see the prosecution to its logical conclusion. It could of course be said that Jonathan had nothing to do with that case.

    The same could, perhaps, be said of the Ndudi Elumelu case. The man, as chairman of the House of Representatives Committee on Power probed the allocation to and expenditure by the sector under the Obasanjo regime. It made staggering revelation but the matter was covered up. In no time Elumelu and co became the accused. What happened to our money under the watch of Obasanjo? Did Elumelu and co receive gratification as alleged? No one knows the truth. What is certain is that money has not been recovered and no one has been punished. Neither are the accused acquitted.

    If all these took place between 1999 and 2007, what about the more recent case involving the former national chairman of the Peoples Democratic Party, PDP, Prince Vincent Ogbulafor. He was thrown out of office and hauled before a trial court for alleged corrupt practice. That was only a useful tool to keep him out of range ahead of the election. Now, all forgiven and forgotten.

    The immediate past leader of the ruling party, Alhaji Bello Haliru is also in court in respect of the Siemens case. But, that was not sufficient to disqualify him from appointment as Defence Minister. The case has not been decided. But, if a man has a graft case hanging around his neck and is yet to be exonerated of blame, should a government that wants to be taken seriously appoint him to a high profile office.

    It appears to me that nothing has changed and nothing may change soon. It is business as usual. All the officials understand the language and will go for the kill. By the way, where did all the money spent on prosecuting the election come from? Ministers who assisted in arranging and packaging the fund have been brought back. But the president wants to fight corruption.

    I believe that we are in for it. More than two-thirds of the national wealth will continue to be flushed through invisible pipes. In the next four years, we should look forward to more Scania bus scandals, Fougeroule affair, Identity card sleaze and Siemens contract scandals. Anyone, institution, body or government that insists on doing things same way has no right expecting to have a different result.

    Note: This piece first appeared on this page 2011. Three years into the life of this administration and about five into the Jonathan Years, has anything changed? Good Lord, save us.

  • Is anti-corruption war on course?

    A wild applause greeted the establishment of the Economic and Financial Crimes Commission (EFCC) by former President Olusegun Obasanjo. But 10 years after, corruption is still soaring in the nation. Although the commission cannot be described as a tooth-less bull dog, its impact has not been greatly felt by the stakeholders.

    Corruption is on the increase in public life. The list is endless-electoral crimes, civil service pension fund scam, police pension controversy, fuel subsidy fraud, House of Representatives Ad Hoc Committee scandal. Critics have argued that it is relatively easier to prosecute and jail people who stole N2 million than to invite for questioning big fish, who allegedly made away with billions. Thus, the slow progression of the anti-crime battle has eroded public confidence.

    Before the EFCC was established, development experts, who had established a linkage between graft in high places and failure of governance, warned that the country may continue to wallow in poverty and squalour, unless the bad eggs in the corridor of power are edged out.

    EFCC moved swiftly to track down the corrupt politicians and public officials, who have looted the treasury and enriched themselves to the detriment of other citizens. A searchlight was beamed on governors, ministers, National Assembly, boards and parastatals, civil service and private sectors, and others who were previously insulated from public scrutiny.

    However, politicians have devised a means of hiding under constitutional technicalities to escape justice. Also, EFCC had not achieved much when the Federal Government manipulated the process and turned it into an agent of intimidation and victimisation of perceived political opponents.

    To the right activists, the anti-corruption war had gone awry. A university teacher, Prof. Niyi Osundare, who had reflected on the anti-graft war, observed that a corruption-compliant ruler cannot rule a corrupt-free country. Another scholar, Prof. Itsey Sagay (SAN), expressed worry about the high tolerance for corruption by institutions set up to nip graft in the bud. He said corruption is a devastating quagmire, adding that Nigeria is hopeless because members of the National Assembly investigating corrupt charges against public officials are also taking bribes.

    “N16 billion was expended on power, but it ended with the probe of contracts involving the chairman of committee that was probing the scam. The chairmen and members of the committee probing the SEC and fuel subsidy are now under investigation. We are in a situation where we have to find a policeman to police the police. Corruption is destroying the country’s chance of development,” Sagay stressed..

    Many have also expressed worry over the perception of corruption and corrupt leaders by the society. Osundare lamented that the former Nigeria Ports Authority (NPA) Chairman, Chief Bode George, was accompanied to the court when he was standing trial by drummers and praise-singers. After serving a two-year jail for corruption, he was also welcomed back with funfair. Apart from frowning at the red carpet reception, Osundare said clerics mocked religion when a church service was held for him in Lagos. “All these make Nigeria a moral desert, political jungle and haven for criminals”, he said.

    If the war had been fought according to the law, the university don said the sectors would have witnessed renewal. “All the disasters, road accidents, Dana Air crash, Boko Haram violence; these clusters of calamities are traceable to corruption. Corruption killed the railway system, which would have reduced the pressure on the roads.

    “Why is the Nigerian road full of” tokunbo” cars and airspace racketing “tokunbo” planes. Where are previous reports? All we have is investigation without an end, recommendation without implementation and reports that are dumped”.

    To the university teacher, President Goodluck Jonathan has also failed to lead by example. He faulted the President’s position on declaration of asset, stressing that his “I don’t give a damn attitude” to matters of probity and transparency was condemnable. “How did the Permanent Secretaries have houses in Abuja, Lagos and their villages. These were the boys we taught in the universities. We know their tricks”, he added.

    But why is the EFCC unable to adequately discharge its duties with maximum results? A right activist, Debo Adeniran, leader of the Coalition against Corrupt Leaders (CACOL), said: “What we have noticed is that the number of convictions being recorded in courts by these specialised agencies is not commensurate with the number of cases they have in court”.

    Last year, EFCC and ICPC claimed that they had over 1,500 cases waiting to be determined in courts. Out of this figure, not less than 65 are cases involving politically exposed persons; governors, ministers and others. “Our worry is why are these cases stalled in courts”, said Adeniran.

    The new EFCC chairman, Ibrahim Larmode, has reiterated the commission’s determination to prove skeptics that it is a tooth-less bulldog. Many think that the bravado lack basis, owing to certain impediments.

    His predecessor, Farida Waziri, who had explained the constraints to reporters in Lagos, painted an awful picture of the anti-corruption process. She big suspects, have often delayed the litigation process. “Their counsel ask for frivolous adjournments to buy more time. They tender medical reports before courts and get permission to travel abroad, thereby wasting the time of the court and EFCC”.

    The former EFCC boss also condemned the culture of worshipping the corrupt officials standing trial by followers, who accompany them to the court with pomp. “They alight from their posh cars and wave at the crowd of supporters as if they are heroes worthy of emulation”, she complained, stressing that the process has indulged them. The only way out, said Farida, is to set up special courts for the speedy trial of criminal suspects who are ruining the economy.

    Many analysts have also objected to the plea bargaining, which has provided an escape route for fraudsters. Another human right activist, Lanre Suraj, complained that privileged suspects, who stole public money, are treated with kid gloves, unlike ordinary men, who stole five tubers of yam and ends up in 12-month jail.

    His colleague, Ayodele Akele, former governorship candidate of the National Conscience Party (NCP), agreed with him. “They steal a huge sum and pay back a little in the name of plea bargaining. If somebody steals a handset, he is jailed for six months or a year. Why not jail corrupt politicians? This is double standard”, he said. In his opinion, plea bargaining for political and economic fraudsters must be removed, if it cannot be extended to the poor.

    On many occasions, ICPC and EFCC have said that many Nigerians lack an in-depth understanding of the operations of the agencies. They have argued that the agencies were not sep up to prosecute erring politicians and civil servants alone. Their mandates, they clarified, also extended to going after corrupt employees in private organisations.

    Right groups which have never disputed this however, have another axe to grind with the agencies. A Lagos lawyer, Supo Ojo, berated EFCC for sensationalise its complaints against suspects. He said, once a person is arrested by the EFCC, the public perception of him as thief may never be erased. “EFCC is heavy in the media. It is light in concrete performance of its statutory functions”, he said.

    Ojo supported Farida’s call for a special court to try corrupt leaders. Justifying the call, he alleged that the judiciary is an accomplice in attempts by politicians to evade justice. “A special court will give EFCC teeth. The present system is faulty and not much can be done. There are constraints like perpetual injunctions. we need dedicated courts and special legislations and sanctions must be heavy”, he stressed.

    It is believed by many that the anti-graft war mirrors the stance of the federal government. Thus, Akele urged President Jonathan to give EFCC a free hand to operate so that it will not be a toothless bull dog

    Adeniran also urged the federal government to give the anti-corruption agencies a free hand to do their job without any influence or interference from the Presidency and the Attorney-General of the Federation.

    A House of Representatives member Abike Dabiri-Erewa urged Nigerians to make use of the Freedom of Information Act. “Nigerians now have access to pubic accounts and they can demand for accountability. They can raise questions”, she said.

    A cleris and politician, Pastor Tunde Bakare, urged Nigerians to embrace the spirit of radical reformation. He also enjoined them to study how corrupt-free countries like Sweden , Denmark, Switzerland, Australia, Canada and Georgia conquered the cankerworm

     

  • Corruption and anti-corruption watch

    The world over, Non Governmental Organizations (NGOs) are to agencies, organizations or social movements that open up the liberal political space, engender equalization of opportunities; improve the circumstances of disadvantaged peoples and institutions and hold governments to account.

    Ordinarily, NGOs are expected to be not profit-oriented and are supposed to be independent of the control of government. These usually value-based institutions or organs pursue activities to relieve suffering, promote the interest of the poor, protect the environment, provide basic social services, or undertake community development.

    But in Nigeria, the mushrooming phenomenon in the third world has prompted some scholars to contend that it has suffered some “explosion, derailment, and displacement”. This is because charlatans who merely masquerade as NGO operatives have infiltrated the rank of these social, popular democratic movements.

    Drawing from his experience with his hitherto leftist friends, associates and acquaintances, Edwin Madunagwu in 2006 underscored the proliferation and bastardization of the NGO sector thus: “Almost every friend I know, every comrade of mine has an NGO. I know someone who is running three non-governmental organizations, is involved in about five others, and has about four others already registered awaiting activation when the need arises.”

    Any keen observer of the events that have shaped the nation’s politics in the last few months will discern the unwieldy tendency of political actors to use these “change-agents” to foster acrimony and disunity in our dear nation. A case in point is an unknown organisation that goes by the name, Anti-Corruption Watch and its recent activities.

    Existing only on newspaper advertorial pages, it has made it a business to teach independent government agencies their modus operandi only to please their paymasters.

    Currently, the amorphous Non Governmental Organization played the devil’s advocates by inciting the public and the Economic and Financial Crimes Commission (EFCC) to beam searchlight on Niger State over some spurious allegation that first sprouted in 2009 at the height of the political shenanigans orchestrated to filibuster the job of the Chief Servant, Dr. Mua’zu Babangida Aliyu. Being a whistle blower, the Anti Corruption Watch can only be applauded if the job that it has elected to do is anchored on truth. But the present exercise is a failed attempt to put spanner in the work that has been internationally acknowledged as exemplary.

    The climate has gone sully again because of 2015. Now, time is ripe for political do-gooders to dig into things known and unknown to convince their paymasters that the Aliyu administration does not justify the rating that has put Niger as a frontline state in terms of poverty reduction and great developmental strides. The same state that is currently rated as the least poverty-stricken state is now being tarred by those without empirical basis as corruption-riddled and enmeshed in sharp practices. Had they known that the allegations of wrong-doings have been investigated and dispensed with by the agencies accused of ineptitude, they would have covered their faces in shame.

    Scooping money from their gullible promoters to incite the masses against the administration only exhibit the limitations of the paymasters and their hack men. This was the same route of perdition that ended grievously and many of them had to eat their words when the administration set out to develop all the sectors of socio-economic life of the people.

    It is understandable that the mouth of detractors who had failed woefully to wrestle power by hook or crook should be filled with sour grapes.

    Now in collaboration with people who feel the Governor has an eye on the top or would not brook the idea of leaving the top seat as an exclusive preserve of present occupants, they have gone back to their pastime to rake up muck. The real and behind-the-scene motives for the unrelenting mischief making by well-known detractors of the current administration in Niger State should be obvious to all thinking people.

    No one who visited Niger State before and after Dr. Mu’azu Babangida Aliyu came to power will fail to attest to the fact that he has filled the void of the same devastated state that had been abandoned in a state of helplessness.

    Because of the yawning developmental gap left between what was and what is now, it has not been easy for these lily-livered rumour mongers to come to terms with the giants stride being made to make the state one of the three most developed states in the country by 2020, a major plank of the Babangida Aliyu transformation agenda code-named 3: 2020.

    It is no wonder that as a way of trying to pull the wool over the eyes of the people, these shameless detractors who obviously do not have the interest of the masses of Niger State and by extension, most northerners and indeed Nigerians in mind have resorted to various arm-twisting tactics to sow the seed of discord in every venture that Mu’azu Aliyu supports.

    It will be recalled that the Anti-Corruption Watch is aping what an article written in 2009 under the pseudonym Engineer Yahaya Mahmood spawned through a ridiculous petition, sent to the Niger State House of Assembly, leveling all manners of tendentious allegations against the Mu’azu Babangida Aliyu administration.

    Needless to state that from the mediocrity of the presentation of the ‘facts’ in the silly petition, it was obvious that the so-called engineer who allegedly authored the report was just desirous of dragging everybody else into his natural habitat. The only aim of the allegations is to distract and divert the attention of the executive and legislative arm of the government from their busy schedule of work for the people. The writer of the petition knew that there was no chance of them coming before the state House of Assembly to substantiate their wild allegations as the petitioners are mere ghost writers.

    So how does Anti-Corruption Watch corroborate the allegations they have raked up or they simply want the taxpayers’ monies spent on spurious allegations, simply because they hate the guts of the Chief Servant?

    For the records, it is obvious that the beer-parlour gossips cannot justify the developmental strides of this administration in terms of health care delivery, sanitation, agriculture, education and road construction and rehabilitation.

    Stealing from the poor state will only be Satanic, it is a venture a God-fearing servant of the people like Dr Mu’azu Babangida Aliyu will not toe. There is however no doubt that attempts to erect such red-herrings would collapse.

     

    •Ndayebo writes from Minna, Niger State

  • The anti-corruption war in the Judiciary: How far? How well?

    Paper delivered by Mr Femi Falana (SAN) at the presentation of the Law Journal of the Law Students Society, Faculty of Law, University of Ilorin, Kwara State, in honour of Chief Folake Solanke (SAN)

    During the screening of the Chief Justice designate, Hon Justice Aloma Mukhtar by the Senate on July last year, some Senators took her to task on the disturbing rate of corruption in the judiciary. Without any hesitation whatsoever, she was quick to admit that the situation “is very bad and I am saddened by it. I will try as much as possible to ensure that as for the bad eggs that are there, there will be a cleansing by the NJC based on petitions” .

    It is doubtful if the Senate members were convinced that she could muster the courage to rid the Judiciary of corruption. But based on her impressive performance at the screening session coupled with her solid credentials the entirety of the senate members unanimously confirmed her appointment. Having had promises of reforms made by political leaders and judicial officers broken in the past Nigerians took Justice Muktar’s undertaking to reform the judiciary with a pinch of salt.

     

    But since she took over the leadership of the nation’s judiciary she has repositioned the National Judicial Council to take up the urgent task of restoring confidence in the judiciary. Thus, in less 10 months of her tenure the CJN has made it clear to judges and Senior Advocates of Nigeria (SAN) that it is no longer business as usual.

    Disturbed by the loss of confidence in the judiciary by Nigerians, the Chief Justice of Nigeria, Justice Aloma Mukhtar has resolved to take remedial steps to restore the image of the judiciary. The National Judicial Council under her leadership held an emergency meeting on February 21, 2013 to review the pending cases of judicial misconduct against some judges. At the end of its deliberations, the NJC recommended the compulsory retirement of two judges namely, Justice Charles Archibong of the Federal High Court and Justice Thomas Naron of the Plateau State High Court for judicial misconduct.

    According to a statement by the NJC, Justice Thomas Naron, the Chairman of the dissolved Osun State Election Petition Tribunal was found to have regularly communicated with ex-Governor Olagunsoye Oyinlola’s counsel-Otunba Kalejaiye (SAN) through telephone and SMS messages while the election petition filed by Ogbeni Rauf Aregbesola was being tried by the Tribunal.

    With respect to Justice Archibong it was established that he dismissed the 26-count charge against Mr Erastus Akingbola, former Managing Director of the defunct Intercontinental Bank without taking his plea; made caustic and reckless remarks on the competence of four Senior Advocates of Nigeria and refused to release a certified true copy of his ruling to the lawyers; convicted some PDP leaders for contempt when the contempt application was not served on them, gave judgment in a case commenced by original summons without written addresses filed by parties.

    Owing to such litany of errors the NJC concluded that Justice Archibong did not have any grasp of the law and procedure.

    Another judge, Okechukwu Okeke J. of the Federal High Court was given a stern warning three weeks to his retirement from the Bench. Mohammed Talba of the Federal Capital Territory High Court has been placed on 12-month suspension while the Chief Judge of the same court, Justice Lawal Hassan Gumi has opted to resign instead of waiting for the investigation of the allegations of misconduct leveled against him. The Legal Practitioners Privileges Committee headed by the Chief Justice has suspended a Senior Advocate of Nigeria sine die while the NJC has referred another one to the NBA for discipline on account of allegations of profession misconduct.

    To prevent judges from embarking on foreign trips at the expense of their judicial duties no judge can travel out of the country any longer without a written permission of the Chief Justice while judges cannot leave their stations without the authorization of the appropriate heads of courts. The NJC has warned judges to stop compromising themselves by issuing orders or giving judgments that cannot be defended on the basis of the available facts and the applicable law. With the sanctions imposed on erring judges a strong message has been sent to judges and lawyers that it is no longer business as usual. Even the corrupt cabal that took over the award of the rank of Senior Advocates of Nigeria has discovered that the game is up.

    The Chief Justice has asked judges who cannot deliver at least four judgments in a year to be prepared to call it quits with the judiciary as the nation cannot continue to keep indolent judges on the bench. She has directed that courts the sitting of courts should commence at 9 am instead of the usual practice whereby many judges walk in leisurely to court at noon without any justifiable reason. It is hoped that the heads of courts and the Nigerian Bar Association will monitor and drive the reform agenda of the Chief Justice in order to restore the confidence of the Nigerian people in the courts. It is gratifying to note that the National Disciplinary Committee of the Body of Benchers has been reactivated to deal with erring lawyers. Last week, five lawyers were removed from the roll of legal practitioners for having been convicted of sundry acts of professional misconduct. The NBA leadership under deserves commendation for this feat. It is however hoped that the NBA will beam its search light on senior lawyers who have been linked with serial violations of the rules of professional ethics.

    In a country where impunity has become the order of the day the forces of darkness that have profited maximally from the judicial rot are understandably not comfortable with the courage and determination of the Chief Justice to clean out the angean stable in the judiciary. They have therefore decided to resort to subtle blackmail with a view to turning back the hand of the clock. But having lived above board like Ceaser’s wife the Chief Justice should forge ahead with the purge which is going to enhance the image of the judiciary and lead to the restoration of the confidence of Nigerians in the institution. Since the principalities that are behind the destruction of the judiciary are stupendously rich and well connected they are going to continue to fight dirty. In other words, the CJN and the NJC should expect a sustained attack from the forces of retrogression as corruption has a way of fighting back.

    However, the NJC should strive to give adequate time and opportunity to judges accused of misconduct with a view to confronting the allegations made against them. The manner of appointment should be reviewed to prevent lawyers of questionable character or who lack the knowledge of law from finding their way to the bench. The reports and comments of the Nigerian Bar Association on all short listed candidates for the bench should henceforth be given serious consideration because the body is well suited to recommend those among its members that are qualified to be appointed judges. The NJC should refrain from applying illegal laws and policies capable of frustrating the elevation of competent lawyers to the higher bench.

    Happily for the legal profession and the country, concerned judges and progressive lawyers have declared their unalloyed solidarity with the CJN. A few days ago, Justice Akanbi spoke glowingly of the Chief Justice when he said “Corruption, talking frankly, is endemic. It has gone to a level that it has affected the judiciary. There was a time you would never talk anything against the judiciary. I am glad to say this is a great moment when Maryam Aloma Muktar, the Chief Justice of Nigeria, is doing quite a lot in fighting the menace. We should support her in fighting the battle to see that we get a better Nigeria. I know Muktar, she served under me. She is a courageous woman and a core professional with high integrity and commitment to uprightness and justice. She is a person who abhors corruption and is determined to rid the country of corruption. Nigerians should support her in her efforts to sanitize the judiciary and rid Nigeria of corruption.”

    However, a foremost legal practitioner and a former President of the Nigerian Bar Association, Chief Wole Olanipekun (SAN) has called for the setting up of a judicial commission of inquiry to purge the judiciary of alleged corruption. According to the learned Senior Advocate “unless and until a commission of inquiry is set up to look into all these corrupt and bribery allegations against judges and lawyers alike, where names will be named and particulars supplied, where reservations will be expressed openly, where instances will be given etc I doubt if our judiciary will ever be cleansed”. With profound respect, there is no basis whatsoever for the setting up a commission of inquiry which is going to usurp the constitutional functions of the NJC.

    In the case of Chief Gani Fawehinmi v General Ibrahim Babangida it was held by Uwais CJN (as he then was) that “though the Tribunal of Inquiry Act is an ‘exiting law’, its application is limited and has no general application” outside the Federal Capital Territory. The effect of the judgment is that President Jonathan lacks the vires to institute a commission of inquiry to probe judges in the Federal and State public service. In any case, the National Judicial Council is currently dealing with all allegations of corruption and other complaints of misconduct raised against judges while the Nigerian Bar Association has revitalised its own disciplinary machinery to bring erring lawyers to book. In the circumstance, there is no legal or moral justification to opt for the establishment of a judicial commission of inquiry to probe corrupt judges.

    It is pertinent to note that in spite of the on-going efforts to sanitize the judiciary a few judges have continued to issue frivolous and illegal ex parte orders and deliver judgments that are totally devoid of justice. Last month, a Federal High judge in Lagos prohibited the police from arresting, investigating and prosecuting a criminal suspect accused of economic sabotage. The trial judge went as far as quashing the report of the police investigation into the crime. A few days later, a judge of the Abuja judicial division of the Federal High Court issued an ex parte order restraining the EFCC from proceeding with the investigation of the same suspect over his alleged involvement in the fuel importation scam. It is hoped that the NJC will move speedily to put an end to such abuse of judicial powers by a few judges who are in the habit of conferring illegal immunity on some rich criminal suspects.

    Conclusion

    While saluting Chief Justice Aloma Muktar for the on-going cleansing in the judiciary she should ensure that effective measures are put in place to institutionalize the reforms. This is of urgent importance as she is due to retire late next year. The vested interests who have sworn to destroy and discredit the judiciary should not be made to believe that what is unfolding before our eyes is a passing phase. It is therefore pertinent to call on the Nigerian Bar Association to collaborate with the NJC to save the legal profession from perdition.

    In particular, the NJC should mobilise our judges to deliberately extend the frontiers of justice to the majority of Nigerian citizens who have no access to the temple of justice due to poverty, ignorance and fear. If our judges are not prepared to re-event the wheel like their Indian counterparts have done by making socio-economic rights justiciable through judicial activism they should be prepared to discard the reactionary doctrine of locus standi in order to allow public interest litigators to enforce the very many welfare laws that have been enacted by the Parliament but which are not breached with impunity by the government.

    Finally, members of the legal profession who fail to support the reforms and the internal cleansing in the judiciary may be exposing Nigerian judges to the revenge of litigants . Those who think that English judges have always been models of judicial integrity may wish to read David Pannic’s book, Justice, where he writes:

    “Some judges have received more than their just deserts for injudicious behavior. In the thirteen century, Andrew Horn alleged that in one year (four centuries earlier) King Alfred caused forty-four judges to be hanged as homicides for their false judgments. In 1381 a mob pursued the Lord Chancellor, Simon de Sudbury, and cut of f his hand. One year later, Lord Chief Justice Cavendish was killed after being apprehended by a mob and subjected to a mock trial in which he was sentenced to death. In 1688 the infamous judge Jeffreys, by then the Lord Chancellor, went into hiding when James II fled the country. Jeffreys was captures in Wapping when he was recognized in a tavern by a man who had been a dissatisfied litigant in his court. (The man had won his case but Jeffreys had been rude to him and kept him waiting). Jeffreys was put in the Tower of London, where he dies in 1689.”

  • CJN to extend anti-corruption war to non-judges

    CJN to extend anti-corruption war to non-judges

    The Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, has promised to extend the ongoing sanitisation in the Judiciary to include court support workers.

    The CJN warned court support workers to desist from unethical and corrupt conducts because she will not hesitate to punish anyone found wanting.

    She urged judicial workers to abide by the code of conduct for court employees.

    Justice Mukhtar spoke in Abuja yesterday at the opening session of a workshop for judicial librarians.

    The workshop, organised by the National Judicial Institute (NJI), had as its theme: The Challenging Facing Court Librarians in Information and Communication Technology Age.

    The CJN also regretted the impact of poor funding on the quality of services the nation’s courts render.

    She called for enhanced funding and continuous human capacity development to enable the court attain the level of competence and effectiveness experienced in developed climes.

    “Any judicial worker who works hard and conducts himself well will be rewarded, but deviant, fraudulent and indolent ones may become irrelevant in our drive for a virile judicial system.”

    The CJN, who was represented by Justice Olukayode Ariwoola of the Supreme Court, stressed the relevance of modern and well equipped libraries for effectiveness and efficiency of today’s court system.

     

  • The anti-corruption war in the Judiciary: How far? How well?

    Text of a paper delivered by Mr Femi Falana (SAN) as guest speaker at the presentation of the Law Journal of the Law Students Society, Faculty of Law, University of Ilorin, Kwara State, in honour of Chief Folake Solanke (SAN)

    At that juncture both Messrs Segun Oni and Olagunsoye Oyinlola whose elections as governors of Ekiti and Osun states respectively had been annulled by the Court of Appeal alleged that Justice Salami was in constant telephone conversation with leaders and lawyers of the Action Congress of Nigeria during the hearing of some election petitions. The National Judicial Council also decided to investigate the grave allegations of both politicians. Not convinced that the National Judicial Council would examine the matter in a dispassionate manner the Nigerian Bar Association resolved to set up its own panel of inquiry to investigate the roles of all the dramatis personae including its own members in the Sokoto governorship election petition saga.

    The reports of the NJC and the NBA were mired in controversies. While the CJN was exonerated by the NJC Justice Salami was asked to tender apology for lying on oath even though it was found that the CJN actually asked Justice Salami to change the panel that had concluded the hearing of the appeal. But as far as the NJC was concerned the CJN interfered in the case in the interest of the

    judiciary! On its own part the NBA exonerated Justice Salami, indicted the CJN and some legal practitioners. Upon the retirement of Justice Katsina-Alu CJN the matter was revisited by the NJC which

    turned round to exonerate Justice Salami, lifted his suspension and decided to recall him. However, President Jonathan has refused to allow him to resume duties as the President of the Court of Appeal on the ground that the matter is pending in court. Although the matter has been left for judicial determination by the court the crisis has done incalculable damage to the image of the Nigerian judiciary.

    Indeed, it has been said that the Katsina-Alu/Salami imbroglio is partly responsible for the increasing wave of judicial corruption in the country in the last couple of years. All manners of ex parte orders are issued by the judges while judgments totally devoid of justice are handed down by judges. Men and women of means and influence charged with theft of billions of Naira are either freed or convicted and asked to pay ridiculous low fines. The Nigerian judiciary recently became a butt of jokes before the international community when a former governor who was discharged by the Federal High Court was convicted and sentenced to a 14-year jail term by a judge in the United Kingdom on the same evidence.

    It was therefore not surprising at the swearing-in-ceremony of the Honourable Justice Musdapha, as the Chief Justice of Nigeria on September 27, 2011, when President Goodluck Jonathan expressed concern over the “widespread perception of a growing crisis of integrity in the judiciary”. While charging the newly appointed Chief Justice to address the crisis of confidence in the judiciary the President pointed out that “A partisan judge compromises his or her oath of office and acts unfairly. A corrupt judge disgraces the Bench on which he or she sits and the title that he or she wears”

    In several public statements thereafter, the Honourable Justice Musdapher condemned judicial corruption, delay in the administration of justice, criticized plea bargain and made recommendations for judicial reforms. His Lordship also intervened to stop the manipulation of the Court of Appeal in some election matters. A Federal High Court judge was directed by the Chief Justice to reverse an ex parte order which he had granted restraining Independent National Electoral Commission from conducting the governorship election in Cross River State. The illegal ex parte order was issued on the eve of the said election.

    The Emergence of Justice

    Aloma- Muktar (CJN)

     

    I first met the Honourable Justice Maryam Aloma Muktar as a High Court Judge in Kano in 1984. My client, a trade union had sued a powerful Lebanese company in the Kano State High Court for illegally withholding the check dues deducted from the wages of all the workers in its employment. The company which had boasted that it had the judiciary in its pocket was taken aback when the trial judge, Justice Muktar granted the reliefs sought by the plaintiff and ordered the company to refund and pay to the union the check off dues which it had illegally withheld.

    Since then I have watched the judge from afar and followed her impeccable judicial carrier. In a country where judicial corruption has been virtually institutionalised I make bold to say that Justice Muktar has never been associated with corrupt practices or any form of abuse of office. She is conservative but ready to take a radical stand in defence of the rule of law. She is quiet but aggressive in dealing with cases of corruption.

    Her decision to team up with Adesola Oguntade JSC (as he then was) and Walter Onnoghen JSC in writing powerful dissenting opinions in the controversial case of Mohammadu Buhari v Independent National Electoral Commission convinced the reactionary forces in the legal establishment that she could rock the boat if allowed to become the head of the country’ judiciary. The clean bill of health given to Justice Ayo Isa Salami, the suspended President of the Court of Appeal by a Committee of the National Judicial Council chaired by Justice Muktar was the last straw that broke the carmel’s back. A plot was therefore hatched to prevent her from becoming the Chief Justice of Nigeria.

    It would be recalled that the system had successfully refused to make her the Chief Judge of Kano State in 1987 even though she was the most qualified judge in the state judiciary at the material time. History was to repeat itself in April 2010, when the backward forces perfected the strategy to deny her the opportunity to assume the headship of the Nigerian judiciary. In a dubious move to promote her to irrelevance Justice Muktar was offered the post of the Chief Justice of The Gambia under a special bilateral arrangement between Nigeria and The Gambia.

    But she saw through the plot and rightly declined to take up the offer. Hence, in July 2012, President Goodluck Jonathan nominated Justice Aloma Muktar, as the most Senior Justice of the Supreme Court to succeed the then outgoing Chief Justice, the Honourable Justice Dahiru Musdapher.

    During the screening of the Chief Justice designate, Hon Justice Aloma Mukhtar by the Senate on July last year, some Senators took her to task on the disturbing rate of corruption in the judiciary. Without any hesitation whatsoever, she was quick to admit that the situation “is very bad and I am saddened by it. I will try as much as possible to ensure that as for the bad eggs that are there, there will be a cleansing by the NJC based on petitions” .

    It is doubtful if the Senate members were convinced that she could muster the courage to rid the Judiciary of corruption. But based on her impressive performance at the screening session coupled with her solid credentials the entirety of the senate members unanimously confirmed her appointment. Having had promises of reforms made by political leaders and judicial officers broken in the past Nigerians took Justice Muktar’s undertaking to reform the judiciary with a pinch of salt.

     

    But since she took over the leadership of the nation’s judiciary she has repositioned the National Judicial Council to take up the urgent task of restoring confidence in the judiciary. Thus, in less 10 months of her tenure the CJN has made it clear to judges and Senior Advocates of Nigeria (SAN) that it is no longer business as usual.

    Disturbed by the loss of confidence in the judiciary by Nigerians, the Chief Justice of Nigeria, Justice Aloma Mukhtar has resolved to take remedial steps to restore the image of the judiciary. The National Judicial Council under her leadership held an emergency meeting on February 21, 2013 to review the pending cases of judicial misconduct against some judges. At the end of its deliberations, the NJC recommended the compulsory retirement of two judges namely, Justice Charles Archibong of the Federal High Court and Justice Thomas Naron of the Plateau State High Court for judicial misconduct.

    According to a statement by the NJC, Justice Thomas Naron, the Chairman of the dissolved Osun State Election Petition Tribunal was found to have regularly communicated with ex-Governor Olagunsoye Oyinlola’s counsel-Otunba Kalejaiye (SAN) through telephone and SMS messages while the election petition filed by Ogbeni Rauf Aregbesola was being tried by the Tribunal.

    With respect to Justice Archibong it was established that he dismissed the 26-count charge against Mr Erastus Akingbola, former Managing Director of the defunct Intercontinental Bank without taking his plea; made caustic and reckless remarks on the competence of four Senior Advocates of Nigeria and refused to release a certified true copy of his ruling to the lawyers; convicted some PDP leaders for contempt when the contempt application was not served on them, gave judgment in a case commenced by original summons without written addresses filed by parties.

    Owing to such litany of errors the NJC concluded that Justice Archibong did not have any grasp of the law and procedure.

    Another judge, Okechukwu Okeke J. of the Federal High Court was given a stern warning three weeks to his retirement from the Bench. Mohammed Talba of the Federal Capital Territory High Court has been placed on 12-month suspension while the Chief Judge of the same court, Justice Lawal Hassan Gumi has opted to resign instead of waiting for the investigation of the allegations of misconduct leveled against him. The Legal Practitioners Privileges Committee headed by the Chief Justice has suspended a Senior Advocate of Nigeria sine die while the NJC has referred another one to the NBA for discipline on account of allegations of profession misconduct.

    To prevent judges from embarking on foreign trips at the expense of their judicial duties no judge can travel out of the country any longer without a written permission of the Chief Justice while judges cannot leave their stations without the authorization of the appropriate heads of courts. The NJC has warned judges to stop compromising themselves by issuing orders or giving judgments that cannot be defended on the basis of the available facts and the applicable law. With the sanctions imposed on erring judges a strong message has been sent to judges and lawyers that it is no longer business as usual. Even the corrupt cabal that took over the award of the rank of Senior Advocates of Nigeria has discovered that the game is up.

    The Chief Justice has asked judges who cannot deliver at least four judgments in a year to be prepared to call it quits with the judiciary as the nation cannot continue to keep indolent judges on the bench. She has directed that courts the sitting of courts should commence at 9 am instead of the usual practice whereby many judges walk in leisurely to court at noon without any justifiable reason. It is hoped that the heads of courts and the Nigerian Bar Association will monitor and drive the reform agenda of the Chief Justice in order to restore the confidence of the Nigerian people in the courts. It is gratifying to note that the National Disciplinary Committee of the Body of Benchers has been reactivated to deal with erring lawyers. Last week, five lawyers were removed from the roll of legal practitioners for having been convicted of sundry acts of professional misconduct. The NBA leadership under deserves commendation for this feat. It is however hoped that the NBA will beam its search light on senior lawyers who have been linked with serial violations of the rules of professional ethics.

    In a country where impunity has become the order of the day the forces of darkness that have profited maximally from the judicial rot are understandably not comfortable with the courage and determination of the Chief Justice to clean out the angean stable in the judiciary. They have therefore decided to resort to subtle blackmail with a view to turning back the hand of the clock. But having lived above board like Ceaser’s wife the Chief Justice should forge ahead with the purge which is going to enhance the image of the judiciary and lead to the restoration of the confidence of Nigerians in the institution. Since the principalities that are behind the destruction of the judiciary are stupendously rich and well connected they are going to continue to fight dirty. In other words, the CJN and the NJC should expect a sustained attack from the forces of retrogression as corruption has a way of fighting back.

    However, the NJC should strive to give adequate time and opportunity to judges accused of misconduct with a view to confronting the allegations made against them. The manner of appointment should be reviewed to prevent lawyers of questionable character or who lack the knowledge of law from finding their way to the bench. The reports and comments of the Nigerian Bar Association on all short listed candidates for the bench should henceforth be given serious consideration because the body is well suited to recommend those among its members that are qualified to be appointed judges. The NJC should refrain from applying illegal laws and policies capable of frustrating the elevation of competent lawyers to the higher bench.

    Happily for the legal profession and the country, concerned judges and progressive lawyers have declared their unalloyed solidarity with the CJN. A few days ago, Justice Akanbi spoke glowingly of the Chief Justice when he said “Corruption, talking frankly, is endemic. It has gone to a level that it has affected the judiciary. There was a time you would never talk anything against the judiciary. I am glad to say this is a great moment when Maryam Aloma Muktar, the Chief Justice of Nigeria, is doing quite a lot in fighting the menace. We should support her in fighting the battle to see that we get a better Nigeria. I know Muktar, she served under me. She is a courageous woman and a core professional with high integrity and commitment to uprightness and justice. She is a person who abhors corruption and is determined to rid the country of corruption. Nigerians should support her in her efforts to sanitize the judiciary and rid Nigeria of corruption.”

    However, a foremost legal practitioner and a former President of the Nigerian Bar Association, Chief Wole Olanipekun SAN has called for the setting up of a judicial commission of inquiry to purge the judiciary of alleged corruption. According to the learned Senior Advocate “unless and until a commission of inquiry is set up to look into all these corrupt and bribery allegations against judges and lawyers alike, where names will be named and particulars supplied, where reservations will be expressed openly, where instances will be given etc I doubt if our judiciary will ever be cleansed”. With profound respect, there is no basis whatsoever for the setting up a commission of inquiry which is going to usurp the constitutional functions of the NJC.

    In the case of Chief Gani Fawehinmi v General Ibrahim Babangida it was held by Uwais CJN (as he then was) that “though the Tribunal of Inquiry Act is an ‘exiting law’, its application is limited and has no general application” outside the Federal Capital Territory. The effect of the judgment is that President Jonathan lacks the vires to institute a commission of inquiry to probe judges in the Federal and State public service. In any case, the National Judicial Council is currently dealing with all allegations of corruption and other complaints of misconduct raised against judges while the Nigerian Bar Association has revitalized its own disciplinary machinery to bring erring lawyers to book. In the circumstance, there is no legal or moral justification to opt for the establishment of a judicial commission of inquiry to probe corrupt judges.

    It is pertinent to note that in spite of the on-going efforts to sanitize the judiciary a few judges have continued to issue frivolous and illegal ex parte orders and deliver judgments that are totally devoid of justice. Last month, a Federal High judge in Lagos prohibited the police from arresting, investigating and prosecuting a criminal suspect accused of economic sabotage. The trial judge went as far as quashing the report of the police investigation into the crime. A few days later, a judge of the Abuja judicial division of the Federal High Court issued an ex parte order restraining the EFCC from proceeding with the investigation of the same suspect over his alleged involvement in the fuel importation scam. It is hoped that the NJC will move speedily to put an end to such abuse of judicial powers by a few judges who are in the habit of conferring illegal immunity on some rich criminal suspects.

    Conclusion

    While saluting Chief Justice Aloma Muktar for the on-going cleansing in the judiciary she should ensure that effective measures are put in place to institutionalize the reforms. This is of urgent importance as she is due to retire late next year. The vested interests who have sworn to destroy and discredit the judiciary should not be made to believe that what is unfolding before our eyes is a passing phase. It is therefore pertinent to call on the Nigerian Bar Association to collaborate with the NJC to save the legal profession from perdition.

    In particular, the NJC should mobilize our judges to deliberately extend the frontiers of justice to the majority of Nigerian citizens who have no access to the temple of justice due to poverty, ignorance and fear. If our judges are not prepared to re-event the wheel like their Indian counterparts have done by making socio-economic rights justiciable through judicial activism they should be prepared to discard the reactionary doctrine of locus standi in order to allow public interest litigators to enforce the very many welfare laws that have been enacted by the Parliament but which are not breached with impunity by the government.

    Finally, members of the legal profession who fail to support the reforms and the internal cleansing in the judiciary may be exposing Nigerian judges to the revenge of litigants . Those who think that English judges have always been models of judicial integrity may wish to read David Pannic’s book, Justice, where he writes:

    “Some judges have received more than their just deserts for injudicious behavior. In the thirteen century, Andrew Horn alleged that in one year (four centuries earlier) King Alfred caused forty-four judges to be hanged as homicides for their false judgments. In 1381 a mob pursued the Lord Chancellor, Simon de Sudbury, and cut of f his hand. One year later, Lord Chief Justice Cavendish was killed after being apprehended by a mob and subjected to a mock trial in which he was sentenced to death. In 1688 the infamous judge Jeffreys, by then the Lord Chancellor, went into hiding when James II fled the country. Jeffreys was captures in Wapping when he was recognized in a tavern by a man who had been a dissatisfied litigant in his court. (The man had won his case but Jeffreys had been rude to him and kept him waiting). Jeffreys was put in the Tower of London, where he dies in 1689.”

  • Anti-corruption unit for IAUE

    Anti-corruption unit for IAUE

    Rivers State’s Ignatius Ajuru University of Education (IAUE) Port Harcourt has inaugurated a five man Anti- Corruption, Transparency and Monitoring Unit (ACTU).

    The inauguration of the institution’s anti graft unit was witnessed by members of Independent Corrupt Practices and other Related Offenses Commission (ICPC).

    The members of the committee include: Dr. Apele Iyagba, who is the director, school of continuing education as Chairman, Ngozi Okiridu, the Public Relations Officer of the institution as secretary, Dr. Joseph Kinanee, Mr. Ordua George and Mrs. Peter-Kio Opirite-Boma as members.

    Speaking at the inauguration, the secretary of ICPC, Mr. Elvis Oglafa who was represented by the head of Monitory Unit and Evaluation of ICPC, Mr. Gaji Banabas said they are interested in transparency of the institution.

    Mr. Banabas said: “I want to inform that the Abuja office of this commission saw this event as an important one and directed me to be here today. We are inaugurating members of the anti-corruption, transparency and monitory unit of this campus because of how important we attach to anti corruption crusade.

    “We want the support of the school, especially the lecturers and the students, I want to state clearly that we are not here to witch hunt anyone but for the transparency purpose and the growth of the intuition.

    Responding, the Vice Chancellor, Prof. Rosemund Dienye Green Osahogulu thanked members of the ICPC for establishing a monitoring unit at the university and said there are a lot of corrupt practices within the system which the university under his administration is kicking against.

    She said: “when I assumed office few years ago, I discovered several cases of corrupt practices committed by both students and lectures, we had a case where somebody came in with forged PhD certificate, there is also a situation where staff forge receipts, to be frank there was no due process.

    “I am happy for this event, by establishing this ICPC unit, it will assist us in sanitizing the system and helping us to continue with our achievement without hindrance,” she said.

     

  • Berger; Rich Nigeria; Anti-corruption plan; Punish bad advisers; Passing Amnesty and TI exams

    Berger; Rich Nigeria; Anti-corruption plan; Punish bad advisers; Passing Amnesty and TI exams

    Ogere lanes are trailer-free at last! But for how long? Berger, RCC and FRSC must manage traffic better with only very senior, not lowly, officers making plans and taking traffic closure and diversion decisions. Berger and RCC are known for their high contract fees and Nigerians, their employer, expect to be treated with respect on the road in 2012.

    Nigeria is rich but some lie that Nigeria is poor. But check first class in any plane for ‘poor’ government officials and politicians. Presidents can steal 50% of the budget and other corruption takes 50% of the rest and Nigeria still manages to survive on the 25% remaining and the survival strategies of our daily-paid market women and hawkers. Ever hungry, the greedy Nigerian leadership captures the struggling taxed person in cashless systems to ‘chop their money’ also.

    Imagine what Nigeria would have become if every corrupt scheme revealed since 1999 had been nipped in the bud by a vigilant computerised bank police or EFCC or ICPC? What has Nigeria budget to do with the $700,000,000 or N105,000,000,000 – N105billion or N1050/Nigerian Abacha loot and all other stolen loot? The mothers it was meant to save are now dead, the youth it was meant to save are now despondent and recruited for trafficking and prostitution or unemployed, the hospitals lack that equipment, the libraries and laboratories in schools are empty, the Lagos-Ibadan and Ore-Benin and the East-West Highway lack their third lane or rehabilitation or completion, 10m deadly potholes remain unfilled. These and free health, free education, free non-toll roads, cheaper agricultural products, reduced taxes, toll free roads were all expected from that money.

    When generals get greedy and politicians get peckish, they, like locusts, lay bare the land. Horrifyingly, Abacha’s name still survives on a stadium as a monument to his corruption suspected to be in excess of $7,000,000,000, N1,050,000,000,000/ N1,050billion or N10,500/Nigerian. Remember the First Gulf Oil Windfall $12.5b, N1,875,000,000,000 or N1,875billion or N18,750/Nigerian believed by the Financial Times of UK to have been ‘lost’ under Babangida. The most recent examples of colossal corruption being N275b petroleum subsidy scandal, multibillion naira pension debacle, unascertained corruption in Customs, unfathomable ignored un-investigated corruption in NPA where ‘saint’ PDP leader Bamanga Tukor held sway, when a private $5m non-refundable loan for a ship was believed to have been floated and set sail, the nation’s real tax cheats and any bribe-demanding FIRS and their local state counterparts, the FRSC and LGA touts who have replaced Police checkpoints and the new improved wole-wole environmental enforcement monsters, and you can see why we have such little faith in Nigeria.

    Corruption thrives in an audit vacuum. Every Nigeria based public and private organisational head can today ‘nip corruption in the bud’ with a Department-based anti-corruption ‘Early Warning Keeping It Clean Policy’. In every office introduce this ‘Six Point Anti-corruption Plan’: 1. Anti-corruption Regular Weekly Internal Auditing. 2. Anti-corruption Monthly not Annual External Auditing. 3. Anti-corruption Compulsory Cellphone Bank Account Alerts to 10 senior staff in event of money movement in or out of the account. 4. Anti-corruption employment and training of anti-corruption staff. 5. Anti-corruption Signatures, increase to 4 to 5 on all accounts. 6. Anti-corruption Invitation to EFCC and ICPC, in short anti-corruption rotation randomly chosen by ballot, to staff a desk in the organisation.

    Since 1999, we are still ‘surprised’ at corruption. Of course elimination of fertiliser fraud and the nauseating sums of money being made public are a step, but prosecutions and subsequent convictions are in order but government paradoxically reduces the judiciary budget. Happily the NASS is seeking an upward revision of this. What does the judiciary need to reduce our court case times by 50%? As the budget is being discussed NASS should note that the Israelis are building 3000 homes –just like that- while we arrogantly demolish 300 home estates in a 14,000,000 home deficit country. Don’t look at the politics. Look at the facts. In a country where 80% live on less than $1 /day, how dare anyone budget N7-9,000,000,000 for the Vice President’s compound and a further N2,200,000,000 for an Aso Rock extension to the Presidential banquet hall? This totals more than N10,000,000,000 or N100/Nigerian available for low income housing.

    The crazy civil servants and Special Advisers responsible for these outrageous plans should be identified, exposed, censured and probably sacked. Only punishment will caution others. They cannot claim anonymity for their stupid decisions. For example, which civil servants stopped the Lagos-Ibadan road from being made three and four lanes over the last 40 years? Someone must have been ir-responsible. The ministry already has approved plans by the World Bank contractor in 2008. How much was he paid for government’s ‘breach of contract?’ The contract should have been returned to that same contractor.

    And yet the leadership lectures young Nigerians on ‘sacrifice’ and why free education is not possible and why they should be patient because ‘Rome was not built in a day’. Well Rome was eventually built and if the Roman leadership was as greedy as Nigeria’s, there would be no Rome today and there may be no Nigeria tomorrow. Success is not achieved by vitriolic political complaints against Amnesty International and Transparency International methodology and conclusions. Nigeria should learn to pass this annual exam, honestly with PQPs and a ‘Pass Examination Formula’ and national strategy –better human rights, a better coordinated anti-corruption drive.

  • Jonathan’s government and anti-corruption crusade

    Jonathan’s government and anti-corruption crusade

    Fighting the hydra-headed monster called corruption, which is seriously afflicting the Nigerian economy should never be a lone effort. This is the crucial reason why the Goodluck Jonathan Administration certainly requires the support of all patriotic and well-meaning Nigerians to fight corruption, towards heralding a new beginning in the scheme of things in the country.

    It is an established fact that one of the fundamental factors working against the attainment of marked socio-economic, cultural, educational and political developments in the major facets of the country’s economy over time is the pervasive unalloyed corruption. And, for President Jonathan’s Administration to tackle this monster headlong, the support of all and sundry is definitely required.

    Nevertheless, one may ask what essentially constitutes corrupt tendencies or practices in human affairs. According to Transparency International (TI), corruption is defined as “the abuse of entrusted power for private gain. It hurts everyone who depends on the integrity of people in a position of authority.”

    Thus, in any human society, corruption erupts when elected representatives make decisions that are influenced by vested interests rather than developmental societal values. Therefore, in an attempt to demonstrate his administration’s seriousness in tackling corruption in Nigeria, President Goodluck Jonathan urged the National Assembly (NASS) to accelerate its delivery of two key executive-sponsored legislations, namely: the anti-corruption bill and the anti-terrorism bill, expected to assist his administration in dealing with burning critical national issues, including identified  deficiencies in the battle against corruption, money laundering and illegal funding of terrorist activities.

    Jonathan had said in a correspondence to the 6th Session of the House of Representatives at the time: “Given this administration’s commitment to combating corruption and terror and boosting the country’s economic development, a blacklisting by the Financial Action Task Force (FATF) will no doubt seriously hamper these laudable efforts.” The current Administration has continued demonstrate that it means business in fighting corruption tooth and nail in this regard.

    Recall that the President had also hinged his Administration’s determined efforts at pushing for the National Assembly’s passage of the anti-corruption and anti-terrorism bills into Acts on possible blacklisting by the FATF and possible stifling economic consequences for Nigerians.

    In walking his talk with regards to dealing decisively with any indicted individual or institution found to be corrupt, President Jonathan has vowed that his administration will not shield any corrupt person from investigation or prosecution by the anti-graft agencies, including Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC).

    With the required measure of independence to execute its mandate effectively, the EFCC while still beaming its search light to discover more, has been able to recover several billions of dollars corruptly stashed away in foreign lands by some former political leaders including governors and other public officials.

    The president, again, re-assured the nation and international community at the opening of the 8th National Seminar on Economic Crimes held at the Training and Research Institute of the Economic and Financial Crimes Commission, Abuja.  With a change of leadership in the agency for improved delivery, the government, indeed, has continued to support and encourage the EFCC and other anti-corruption agencies to confront corruption more decisively, while charging them to spare no culprit, regardless of status or position.

    No doubt, landmark legal battles involving certain prominent Nigerians as Cecilia Ibru, ex-Managing Director/CEO, Oceanic Bank International; Erastus Akingbola, former CEO, Intercontinental Bank, among others in the Banking sector who have stood trial for their roles in the near collapse of their organisations. The legal prosecution and eventual imprisonment of Chief Olabode George, a former People’s Democratic Party’s Vice-Chairman, South West, for his role in the mismanagement of Nigerian Ports Authority’s finances as the Chairman remain green in memories of Nigerians till date.

    Likewise, a former Minister for Interior and owner of Integrated Oil and Gas Limited, Captain Emmanuel Iheanacho (rtd), was summarily dismissed from the President Jonathan’s cabinet for alleged official corruption. As regards the thorny issue of the indicted fuel subsidy companies and suspects, following the report of the Aigboje Aig-Imoukhuede Presidential Committee on Verification and Reconciliation of Fuel Subsidy Payments Committee, it is no longer news that the current administration has allowed the EFCC to commence the prosecution of no less than 25 oil marketing firms and their Directors.

    Some of the companies reportedly, had claimed payments for consignments brought in by ships which investigations revealed were either non-existent, or were somewhere else in the world. While some have been ordered to refund various sums of money unjustly benefited from the Petroleum Support Fund (PSF), the continued trial of these suspects is, of course, commendable. In other words, justice is being allowed to take its full course in the matter. This is especially laudable.

    This administration actually is not “soft on corruption” as is being suggested in certain quarters. The Government is merely being methodical in its approach to tackling the corruption monster by allowing the anti-corruption agencies and courts of competent jurisdiction to do their jobs effectively without fear or favour. Therefore, for the current Administration to remain fully committed to fighting the war against corruption, the need for Nigerians from all walks of life to consciously support the efforts cannot be over-emphasized. Arm-chair criticisms without active involvement in the prosecution of the war against the common enemy called corruption will not bring about any enduring change in the nation’s system.

    It should be noted that a diligent fight against corruption, in the interest of national peace, stability, progress and development, can guarantee an atmosphere for the effective implementation of the Jonathan’s administration’s Transformation Agenda and for the much-expected paradigm shift in key sectors of Nigeria’s economy.

     

    • Aliyu Mohammed is a Kaduna-based lawyer and public affairs commentator.