The Sustainable Nigerian Movement (SNIM) has called on all Nigerians to join and participate actively in the anti corruption drive of President Muhammadu Buhari’s administration. The National Leader of SNIM, Arimoro Kayode, stated this yesterday during a news conference in Abuja.
Kayode said that corruption will continue to plague if well meaning Nigerians just sit and watch those who have hijacked the fight for their selfish gains to continue to be the driving force of the society. He said that the menace seems to be thriving in spite of the Federal Government’s efforts to fight corruption, non has been convicted of corruption crime, even though it is glaring that most of the officials accused of corruption are truly guilty of it.
“We have noticed that the government’s efforts in reducing corruption have been hijacked by those that should indeed protect the people as seen in the bills the Senate passed to alter the workings of the CCT and CCB, and the action against the whistle blower Hon Jibrin in the lower chamber.
“The judiciary and the legislative arm have formed a cartel which ensures that the anti corruption war remains a charade unless those who truly own the power do the needful. We demand that sitting allowances of Senators and House of representatives shall only be paid for passing bills that affect the lives of citizens positively after three results,” he said.
The group also called for an end to the ethno religious crisis ravaging the country, saying they are politically motivated to distract Nigerians. “The effect of corruption cannot be separated from the actions of the insurgents, the killing of innocent individuals in the name of religion, the continuous suffering of the IDP’s despite funds being released to take care of them, lack of electricity and high inflation,” he said.
Tag: Anti-corruption
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Nigerians urged to join Buhari’s anti-corruption drive
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Assessing Buhari’s anti-corruption war
SIR: Since the inception of the present Buhari administration in May 2015, the major thrust or rather agenda of the federal government is the relentless and total war against graft in all its ramifications. Nearly two years into the tenure of the administration, the nagging question remains: to what extent has the battle against this monster called corruption been carried out?. In other words, what are the empirical indices to buttress the fact that the war against graft in both high and low places in our national life is indeed yielding positive results? Or is the nation merely witnessing an episode of orchestrated war against corruption while the cankerworm continues to eat deep into the fabric of the nation’s socio-economic life.
The recent chilling and utterly disturbing report of mindless corruption involving some supposedly eminent justices in the hierarchy of the judiciary is bound to send a dangerous signal that the so-called battle against corruption is far from being won. If anything, endemic corruption was already entrenched in our national life. How else could one explain the most recent horrible revelations of mindless corruption allegedly perpetrated by some highly placed public officials in the Buhari administration?
It is a matter of deep regret that since the inception of the current war against corruption, not a single high profile case involving highly placed public officials has been successfully prosecuted and conviction secured. It is utterly ridiculous and totally unacceptable that since the inception of the current democratic dispensation, cases of highly placed public office holders such as former governors, ministers among others arraigned in the courts for corrupt practices are still pending in the various courts.
To further add insult to injury on the psyche of the Nigerian people, some of these shameless accused former public officers have since found sanctuary in the ruling party hoping to obtain clemency for their heinous crime against the state.
The so-called war against corruption in the country will ever remain an illusion, or a mirage, or better still an endless pursuit of shadows unless and until the nation adopts the internationally acceptable modus operandi that entails speedy trial and severe sanction for those convicted of the heinous crime.
We can borrow example from the British authorities which summarily convicted and sentenced Chief James Onanefe Ibori, the erstwhile governor of Delta State to 13 years imprisonment with hard labour after pleading guilty to the charge of corruption and money laundering brought against him. Ibori’s conviction and sentence in far away Britain after he had earlier been discharged and acquitted by a Nigerian judge on the same charges speaks volumes about the highly corrupt and rotten Nigerian judiciary.
In climes such as the Peoples’ Republic of China, the looting of the national treasury or corruption by public office holders carries the mandatory death penalty hence the complete sanity and discipline in the handling of state coffers or public funds by public office holders.
The present archaic and unproductive system of entering into the so-called plea bargain by corrupt public office holders who had bled the nation almost to her death must be jettisoned forthwith if the nation must wake up from her deep slumber and tackle the corruption scourge head-on before the monster devours the Nigerian state. The plea bargain system totally negates the principle of criminal justice which stipulates that an offender who brazenly breached the laws of the nation must in the same manner suffer the consequences of his or her action.
It is pertinent to mention that there are other forms of corruption that are today ravaging our society which include gross injustice in the sharing of the nation’s resources as well as the imbalance or lopsidedness in the distribution of important and sensitive political offices among the various ethnic groups that make up the Nigerian state.
This form of corruption obviously breeds discontentment, distrust and disunity and must equally be tackled decisively in order to quickly restore the people’s confidence in the nation’s political system.
- Nze Nwabueze Akabogu (JP),
Enugwu-Ukwu, Anambra State.
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NGO takes anti-corruption campaign to pupils
Secondary school pupils of Agege Local Government Area of Lagos State have been taught how to kick corruption out of the country.
About 10 schools had representatives at the Youth Development Centre, Agege where the pupils were inspired to shun acts of favouritism, bully, disobedience, cheating, among other vices under the slogan, Corruption: Not in my country.
Akin-Fadeyi Foundation Director, organisers of the programme, Mr Akin Fadeyi, said pupils were targeted in the programme, which was sponsored by the United Nations Development Programme (UNDP) and the United Nations Office on Drugs and Crime (UNODC) both of the European Union (EU), as a method of fighting corruption from the roots.
He said corruption was an act that developed right from the young age, explaining that pupils were found guilty of examination malpractice, bullying, favouritism, indecent dressing, among others.
Charging them, Mr Fadeyi said: “The children are the leaders of tomorrow. If you see someone going wrong, don’t ignore them, but reach out to them. Prefects, you are leaders. If you omit your friend’s name in noise makers’ list, you are corrupt and you will face the repercussions later in life. When you dress badly, you send a message to a rogue that you are available. Dressing badly is corruption, because you are corrupting somebody. If you get raped because you dressed badly, you are as guilty as the rapist. If you sag just to copy your idols, then you don’t have dignity. Nobody is rich. Don’t respect people because of what they have, but because of their dignity. Create self respect for yourself, face your academics, do the right thing and shun corruption.”
Another speaker, Mr Dominion Esechie, appealed to the pupils to make the choice to fight corruption regardless of their age.
He said shunning corruption was more about making choices pertaining to positive exertion of willpower, sowing good acts to reap good habits, listening to good conscience, storing quality information and gaining positive inspiration.
He called for collective efforts in fighting corruption, noting that the nation’s leaders have failed in that regard.
The organisation’s brand ambassador, Nollywood actor, Mr Jude Orhorha, also advised the pupils to shun bad company and be confident in themselves to stand for what is right.
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EFCC takes anti-corruption campaign to YABATECH
The Economic and Financial Crimes Commission (EFCC) has taken its anti-corruption crusade to the Yaba College of Technology (YABATECH) to sensitise students on the need to join the campaign
Some EFCC officials led some members of civil society groups and some lawyers to sensitise students on the crusade at a seminar organised by the Centre for Global Peace Initiatives (CGPI).
At event, with the theme: Corruption, poverty and violence: Understanding the nexus, were the United Action for Change (UAC) convener, Dr Muiz Banire (SAN), Socio-Economic Rights and Accountability Project (SERAP) Executive Director, Mr Adetokunbo Mumuni, Coalition Against Corrupt Leaders (CACOL) Chairman, Mr Debo Adeniran and The Muslim Congress (TMC) leader Dr Luqman Abdur-Raheem.
EFCC’s Acting Chairman Ibrahim Magu, in his speech titled: Corruption and the dwindling economic space, told students to embark on “aggressive public awareness” against corruption.
He said: “The fight against corruption is one that requires the support of every well-meaning citizen irrespective of status. The Federal Government and the commission cannot do it alone. We want students to embrace this effort and join hands with us to rid the country of corruption. We commend CGPI and we are willing to partner with the body on programmes that would help tame corruption.”
Magu, who was represented by the EFCC’s legal officer, Mr Ben Ikani, said there was need for government and citizens to forge a common front in tackling the scourge of corruption, saying the current economic recession was a result of years of mismanagement of the nation’s economy.
The EFCC boss said the present dispensation had made progress in bringing back transparency and accountability to governance, noting that the business environment was reacting positively to the business ethics being promoted by government. He urged students’ groups to embark on public awareness against corruption.
Admitting the role of international institutions in the fight against corruption, Magu said both Transparency International (TI) and the World Bank provided assistance to the agency in terms of designing of anti-corruption policies.
Adeniran noted that students needed to expose themselves to environment that would expand their knowledge beyond the academic environment.
He said: “Excuses are expression of personal inadequacies. This is the trend that results in multiplying poverty in the society. Students have to be creative, while parents too must also equip their children with good values.”
Banire, who chaired the occasion, proposed a new legal framework in tackling corruption. The framework, according to him, will be aided by the Freedom of Information Law (FOI).
He said “We need legislations that will give the people access to any information about the government’s activities. There are still some states that are yet to domesticate the FOI Law. The Federal Government needs to ensure states domesticate this law.”
On how to overcome the menace of corruption, Banire called for stringent punishments for corrupt officials, adding that the society should desist from glorifying corrupt acts.
CGPI Executive Director, Comrade Ayinde Yekinni, said the body was ready to partner with students’ groups across campuses to end corruption and reposition the country for development.
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EFCC partners Germany on anti-corruption
The German government and Economic and Financial Crimes Commission (EFCC) are collaborating through art and other creative means by young people to fight corruption.
German Consul-General in Lagos, Ingo Herbert and Head, Public Affairs, EFCC Lagos Zonal Office, Samin Amaddin said it was important to nurture children’s innocence and creativity to build a corruption-free society.
They stated this at weekend when the Consulate hosted the 2016 finalists of the EFCC/Creative Youth Initiative Against Corruption (CYIAC) with the theme, ‘My new Nigeria free from corruption’.
The project, which was launched in Abuja on October 4 by EFCC Chairman Ibrahim Magu, featured paintings, essay and poetry renditions by 21 primary and secondary pupils from 9-14 years, who qualified to represent 16 schools in Lagos from a pool of 120-student and 60-school participants.
Herbert said: “This initiative is about Nigeria and its future. Corruption creeps into a society when people accept it and fighting it has to start with the mindset that it is not acceptable. It is a good thing that Nigeria has demonstrated that corruption is not acceptable.”
Samin Amaddin, head, public affairs, EFCC Zonal Office who thanked Germany for its support for Nigeria’s anti-corruption drive, said the EFCC recognised the importance of inculcating in children, values that would sustain their integrity.
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NLC: poor pay militating against anti-corruption battle
THE Nigeria Labour Congress (NLC) has said the fight against corruption can only succeed if government takes adequate measure to remunerate workers and ensure prompt payment of salaries and allowances.
It said the fight against corruption was being eroded by vindictive actions against whistle-blowers by government agencies while government officials look the other way.
In a communique at the end of its National Executive Committee (NEC) meeting in Sokoto, the congress condemned what it termed vindictive action being taken against workers of the Federal University of Agriculture, Abeokuta and Federal University of Agriculture, Akure for exposing corrupt practices in the institutions.
It warned that it would not hesitate to rise up and defend its members if the government fails to take measures to address the situation in the two institutions with immediate effect.
Hailing the government for its tenacious militancy against corruption, the NLC said a lot still needs to be done to win the fight, citing instances of the Federal Medical Centre (FMC), Owerri and Federal University of Agriculture, Abeokuta (FUNAAB), where corruption was being allegedly rewarded and whistle-blowers punished.
It condemned in strong terms the vindictive actions being carried out against whistle-blowers in the two federal institutions, including the termination of appointments of 23 workers at FUNAAB and expressed dismay at the failure of the Ministries of Health, Justice and the office of the President to respond to the complaints of vendetta brought before them.
It said it might be compelled to act in defence of its members if government fails to take the necessary steps.
In the communique signed by its President, Comrade Ayuba Wabba and General Secretary, Dr. Peter Ozo-Eson, the congress said the motions by government, in spite of occasional denials, were highlights of another round of pump price increase.
The NLC stressed that its position has been justified as it had warned that tying the pump price to the price of crude in the international market and the black market exchange rate was not sustainable.
It resolved to engage government, saying that the citizens and the private sector could not afford the burden of another round of increase since it would substantially affect the cost of production.
It resolved to begin sensitisation of its members and allies in anticipation of a formal announcement of an increase, while resolving to do self-cleansing as well as review its strategies and tactics to achieve maximum effect in subsequent protest rallies.
The labour body expressed concern over the continued poor quality of service, arbitrary charges, unwillingness of DISCOs to make available to consumers prepaid metres, deficit of technical competence and lack of capacity to turnaround the energy sector owing to a funding gap of N1trillion.
It expressed concern over the campaign by the Association of Nigeria Electricity Distributors to hike tariff by 200 per cent, adding that if allowed, it would amount to crude, outrageous exploitation of consumers, gross insensitivity and undermining of the national productivities, capacity and security.
It condemned the government, NERC and the DISCOs for not obeying a valid court judgement on tariff increase as well as other processes that constitute conditions precedent to the smooth, efficient and fair running of the sector to all the stakeholders.
It asked the government to review the privatisation exercise in the energy sector in view of the continued overwhelming challenges in the energy sector.
On the demand for a new national minimum wage and pensions by workers, the congress said developments in the economy such as the increase in the pump price of petroleum products, uncommon rise in prices of commodity, increased tariff in utilities, and social services such as education, among others, have made the demand for the new minimum wage more urgent.
According to them, the fight against corruption would be more successful if workers were properly paid, adding that the government was foot-dragging in constituting a committee to deliberate on its demand.
It said: “The need for a new national minimum wage cannot be overstated in light of the outlined facts and accordingly urged the government to urgently review upward the national minimum wage, or speedily constitute a Tripartite Committee to deliberate on its demand for a new national minimum wage, warning that further delay could seriously impair peaceful industrial relations.”
On the economy, the congress expressed concern over the free-fall of the Naira and the abortive efforts by the Central Bank to arrest this fall.
It added that the massive devaluation and attendant inflation have brought harm and pain to millions of families in the country.
NLC urged the government to comprehensively reform its budget process as well as put in place a transparent and accountable system in line with the principles of good governance and sustain its war against corruption by ensuring good governance and the prosecution of all corrupt cases and recovery of stolen funds.
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How National Assembly lost out in anti-corruption battle
IT is exactly one year now. I remember asking members of the National Assembly to see reasons why they should review the issue of constituency projects in the country’s budget. What informed my decision to make that call was the fact that, as I noted then, the provision gave room for legislative corruption.
But, instead of critically appraising my patriotic and genuine concerns for legislative uprightness and focus, some lawmakers concluded that I was making the call out of malice. They alleged that I was brooding over the loss of the senate seat, which I contested for Abia North Senatorial District.
The dust raised by padding allegations and other outrageous exposés by the former House of Representatives Committee on Appropriation, Dr. Abdulmumin Jibrin, have more than vindicated me.
However, this intervention is not intended for self-glorification or exultation. Rather, after appraising how far the eighth National Assembly has fared in the past 16 months, one is compelled to make the following observations.
In the first place, the National Assembly, through acts of omission and commission, have allowed itself to be distracted and thereby caught in the web of incessant recriminations and manipulations. Secondly, since the present administration of President Muhammadu Buhari made the fight against corruption its main policy thrust, the inability of the National Assembly to rise to the occasion and take the driving seat diminishes its place as the first arm of government.
It is in the performance of its constitutional role of lawmaking that the Legislature acquires its pre-eminent position as the driver of governance in a democratic system. And so, because the National Assembly failed to put its house in order to perform that crucial and catalytic role of setting the enabling stage for the fight against corruption, it became a loser. And having been so perceived by Nigerians, it did not take long before the federal legislature was bundled together as part of the institutions that facilitated and propelled the official corruption that has pervaded Nigeria.
This is a very sad and painful development, because, had the National Assembly been very circumspect and patriotic in denouncing narrow interest and personal enrichment, it would have purchased the bond of goodwill of Nigerians and with that essential quality, gone ahead to lift the hand of the executive to give the anti-graft battle the blessing of enabling laws and process facilitation.
That moral high ground was what I expected NASS to mount by sacrificing the crumbs from constituency projects for the bigger things of serving as the moral compass and lighthouse for the executive arm. Had NASS completely expunged constituency projects from the nation’s budget, it would have in so doing, sounded a note of warning to the executive that it was prepared to hold it to account.
It has been observed by no less a person than the former Chairman of Nigeria Human Rights Commission (NHRC); Prof. Chidi Odinkalu, that the greatest source of waste in Nigeria’s practice of presidential system in the past 17 years is the Executive arm. Indeed, available fiscal and structural indices bear eloquent testimonies to that claim. But, somehow, through heedless and needless acts of omission and commission, the National Assembly has been made to, not only look bad in the eyes of Nigerians, but also carry the unenviable burden of being a conduit for waste and private enrichment.
What do I mean by acts of omission and commission? Let me explain. Had the National Assembly decided, after its uproarious election of floor functionaries, to announce the abolition of the constituency project funds, as well as, publish its wages, rebates, commissions and allowances for Nigerians to see, it would have navigated towards transparency.
Lawyers always assert that ‘he who comes to equity must come with clean hands and be prepared to do equity’. As such, by failing to show that it exists to serve the Nigerian masses, NASS lost the driving seat and its good name. Consequently, the twin lawmaking chambers wallowed in bad name, shame and seclusion from the people.
Sitting as an accused, the present National Assembly therefore conjures the image of an enemy, instead of a good friend of lovers of a democratic Nigeria. And with that baggage, whatever steps it takes end up with the halo of deep suspicion and as further evidence of its inelegant conduct.
As the 2017 Appropriation Bill is being awaited and in the light of President Buhari’s request for legislative approval for $30bn external borrowing before it, the National Assembly would no doubt be laboring under the weight of poor public perception and the need to do what is right for the socio-economic and political stability of Nigeria.
It is painful to realise that howsoever NASS chooses to tackle the executive correspondence before it; its loss of citizens’ confidence would besmear its conclusions. Because, should NASS approve the loan request; the lawmakers stand the risk of being accused of patronizing the executive in search of its own cut. And should it withhold consent, the executive might taunt it as enemies of the people.
This dilemma has been thrust on NASS, because it lost the driving wheel in the anti-graft consciousness. The amendment of the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal Acts, which some people are asking the president to withhold ascent, suffer from that negative perception of NASS.
Intimidated by its failings, one hopes that other crucial legislations begging for review, including the Electoral Act, INEC operations and the Constitution would not suffer from any defects arising from the public image of the federal legislature as a self-serving arm of government.
If that happens, Nigerians might as well zero their minds away from the optimism that the present NASS would deepen democracy and facilitate good governance in this dispensation, and start thinking of how to elect courageous, but incorruptible patriots to the National Assembly.
- Dr. Onuoha-Bourdex, a telecom expert, who contested the last Abia North Senatorial District Election, writes from Abiriba, Abia State.
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Nigeria’s anti-corruption crusade yielding results – Danish envoy
The ongoing anti-corruption agenda of the Federal Government is yielding positive results, the Danish Ambassador to Nigeria, Amb. Torben Gettermann, has said.
Gettermann told the News Agency of Nigeria (NAN) in Abuja that the anti-corruption crusade was vital to attracting foreign investment into the country.
“The government has started out on a very high profile anti-corruption drive and it seems to be yielding results. It is something Nigerians needed for a long time.
“Fighting corruption is something that the world outside Nigeria wanted to happen.
“The more you can do to reduce or eliminate corruption in Nigeria, if possible, the better it will be for prospects to be able to invest in Nigeria.”
“Of course, they (Danish investors) have to look at this and they look closely at it. The results we can see from the anti-corruption drive are promising,” he said.
Gettermann regretted the Boko Haram insurgency in the Northeast, but commended the resolve of the government and military, which he said, had weakened the insurgency.
“The fight against Boko Haram and insecurity in the Northeast, from what I can see, is yielding positive results.
“The government and the armed forces are trying to oust Boko Haram from the areas they occupied a year ago and they have been very successful.
“We still see attacks, unfortunately, but not on the scale that we have seen previously. So this shows that they are under pressure, which is very important,” said the Danish envoy.
He called on the Federal Government to find amicable solutions to the insecurity in the Niger-Delta region for the quick economic recovery of the country.
“The issues of the South-South have to be handled in a way that will ensure that this lifeline (crude oil) continues to flow.
“This is because, for the time being, that (crude oil) is the major source of income,” he said.
On education, Gettermann said quite a number of Nigerians were studying in Denmark with the aim of coming back to use their knowledge for the benefit of Nigeria.
“That is what we want we want to see – go out, learn something new, get some new ideas, come back and then implement them in Nigeria.
“That’s the future and that way, you help us to build your country, being in Nigeria, learning from the outside but also learning in the Nigerian context.
“We come as foreigners and want to do many things but we always have to remember to do it in Nigeria’s context to benefit the people and not only for commercial gains or purposes. -
Bello reiterates commitment to fight corruption
Kogi State Governor, Alhaji Yahaya Bello has reiterated the commitment of his administration to make anti-corruption a “governance culture” in the state.
The governor who stated this in a statement by his Chief Press Secretary, Petra Akinti Onyegbule, said that his administration will enthrone a systemic decimation of corruption in the state.
Bello carpeted corrupt leaders as “anti-people and anti-development”, calling on the people of the state to key into the anti-corruption drive of his administration.
He stated: “We are prepared to lead by example. Our government is putting in place institutional framework that will make corruption a sociological leprosy. We have given government officials our blueprint as our social contract with the people of Kogi State.
“An indispensable pillar of our New Direction Agenda is good governance. Good governance is about synergy between our government and our people to do things right and govern with probity, accountability and transparency. We must always strive to achieve development.
“My administration will not only fight corruption in the system, but also in the minds of the citizens, in the minds of school children. I have directed the ministry of education to ensure we have anti-corruption clubs in our schools.
“Corruption is a thing of the mind. We must change our orientation against ill-gotten wealth. Our society must stop honouring those who steal monies meant for road construction, drugs in our public health institutions and quality education in our schools”.
He warned public office holders to refrain from yielding to the temptation of corruption, saying his administration will not only expose corrupt officials, but also ensure that they are prosecuted.
He said it has become necessary to probe into why contracts failed in the state, saying any contractor who had been paid must return to site to complete their jobs.
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The fight against anti-corruption agencies by NBA (II)
To activist-lawyer Femi Falana, the clamour by the Nigerian Bar Association (NBA) to strip anti-graft agencies for prosecutorial powers is misplaced. It is a campaign aimed at weakening the agencies. In this article, the Senior Advocate of Nigeria (SAN) warns that the NBA campaign, is pushed through, could shield those who plundered Nigeria’s commonwealth.
NOT unexpectedly, the NBA hurriedly commended the Federal government for clipping the wings of the EFCC. According to Mr. Agbakoba, ”the EFCC has no right to prosecute; it is the AGF. The directive simply sends the EFCC back to where it belongs.” Since the position of the AGF and the NBA did not reflect the correct state of the law I was compelled to draw the attention of the Federal Government to the case of the Federal Republic of Nigeria v. Osahon (2006) 24 WRN 1 wherein the Supreme Court had held that the police and other law enforcement agencies clothed with prosecutorial powers are competent to initiate criminal proceedings without the authorization of the AGF.
As soon as it became clear that the federal government had been totally misled by the NBA the directive was immediately withdrawn. Notwithstanding the commendable decision of the Government to return to the status quo the NBA leadership turned round to incite the Attorney-General to take over the prosecution of all cases which had been investigated by the EFCC. But the attempt to take over the cases from the EFCC was dropped when it was revealed in the media that the Attorney-General was, before his appointment part of the defence teams of some of the two of the politically exposed persons. At that juncture, the NBA leadership demanded for the involvement of Senior Advocates of Nigeria in the prosecution of corruption cases. Based on such pressures the EFCC actually firmed out a number of corruption cases to some members of the inner bar in 2008. While some of the senior counsel returned the case files assigned to them on the ground that the fees were inadequate the EFCC was compelled to withdraw many others as they were not pursued with the vigour and urgency required in the prosecution of corruption cases.
At the same time the NBA leadership accused the EFCC of acting ultra vires by usurping the powers of the Attorney-General in collaborating with the Metropolitan Police in the investigation of Chief James Ibori, ex-governor of Delta state. When Chief Ibori was eventually charged with money laundering by the EFCC at the federal high court, Awokulehin J. (as he then was) upheld the preliminary objections of the defence team led by Messrs J. B. Daudu SAN and Austin Aleghe SAN and struck out the 170-count charge. Even though he was given a clean bill of health by the federal high court Chief Ibori was later convicted and jailed by a British court on the basis of the same evidence. Despite the fact that the handling of the case exposed the Nigerian judiciary to gargantuan embarrassment the NBA never challenged senior lawyers who have continued to frustrate the prosecution of corruption cases through frivolous objections, interlocutory appeals and stay of appeals as well as orders of interlocutory or perpetual injunctions in favour of treasury looters.
In advanced capitalist societies, lawyers are duty bound to ensure that the law is higher than everyone, no matter how highly placed. But in a peripheral capitalist society like Nigeria, lawyers have placed rich and powerful individuals above the law. In recent time, many senior lawyers have shown proclivity for manipulating the criminal justice system to detriment of the society by lending their expertise to clients outside the bounds of law in contravention of paragraph 15 (2) of the Rules of Professional Conduct in the Legal Professional which stipulates that “In his representation of his client, a lawyer shall keep strictly within the law notwithstanding any contrary instruction by his client and if the client insists on a breach of the law the lawyer shall withdraw his service.”
The prosecutorial
powers of the State
Having regard to sections 174 and 211 of the 1999 Constitution it is indisputable that the Attorney-General of the Federation and the State Attorneys-General are empowered to initiate, take over or discontinue any pending criminal proceeding. The controversy over the power of statutory bodies clothed with prosecutorial powers to investigate and prosecute criminal cases has been settled by the Supreme Court in Federal Republic of Nigeria v. Osahon (supra) where Pats-Acholonu JSC (of blessed memory) stated that “The implication of the intendment of section 174(1) of aforesaid of the Constitution is that the office of the Attorney-General does not have the monopoly of prosecution though it has the power to take over any case in any court and decide whether to go on with it or not.”
In Nigeria, the federal and state ministries of justice prosecute cases which have been investigated by the police. But in the prosecution of such cases it is always a herculean task to secure the attendance of police prosecutors as they may have been transferred when they are required to give evidence in criminal courts. Owing to the difficulty in ensuring the attendance of investigating police officers in trial courts many serious cases are usually struck out for want of diligent prosecution. Based on the frustrations encountered by the various ministries of justice the parliament decided to warehouse the investigation and prosecution departments of several government agencies including the EFCC. Since the EFCC has secured more convictions than the other agencies which combine investigative and prosecutorial powers the campaign to have it divested of prosecutorial powers is essentially designed to weaken it.
Otherwise, the campaign would have been extended to other agencies clothed with powers to investigate and prosecute criminal cases like the Independent Corrupt Practices and other Related Offences Commission, Nigeria Police Force, the Armed Forces, Economic and Financial Crimes Commission, National Food and Drugs Administration Commission, National Agency for the Prohibition of Trafficking in Persons, Nigeria Customs Service, Federal Road Safety Commission, National Deposit Insurance Corporation and Nigeria Drug Law Enforcement Agency. The renewed campaign against the EFCC is not unconnected with its temerity to charge some senior counsel to court for corrupt practices. In a demonstration of solidarity the NBA has mobilised scores of lawyers to defend the accused persons .
However, Section 106 of the Administration of Criminal Justice Act, 2015 has stripped lay police officers of the power to prosecute criminal cases in all courts in Nigeria. According to the Attorney-General of the Federation, Abubakar Malami SAN, the Federal Ministry of Justice has received about 8,000 case files from the Nigeria Police Force. Apart from enhancing the quality of justice at the lower courts, it will lead to the employment of hundreds of lawyers or firming out of thousands of criminal cases to private legal practitioners. It is hoped that the NBA leadership will ensure that cases in all area and magistrate courts throughout the country are prosecuted by lawyers in accordance with the provisions of ACJA. However, it ought to be noted that the ACJA has not stripped the Nigeria Police Force of prosecutorial powers as legal practitioners in its legal department are empowered to prosecute criminal cases on behalf of the Attorney-General of the Federation.
Executive and parliamentary
supervision of the EFCC
Since the combination of investigative and prosecutorial powers by several federal agencies has reduced delay in the prosecution of criminal cases the EFCC should not be stripped of the power to prosecute cases of corruption and other economic crimes in any manner whatsoever. The fear that the prosecutorial powers of the EFCC may be abused is completely groundless. It is on record that out of the over 1000 convictions secured so far by the EFCC none has been questioned or set aside on ground of malicious prosecution. But despite the success of the EFCC it has its shortcomings. On many occasions, it has been indicted by courts for infringing on the fundamental rights of suspects to personal liberty and fair hearing.
However, it is pertinent to observe that the EFCC does not operate without control as the system has put in place constitutional and statutory mechanism for monitoring the exercise of its powers. To prevent the abuse of prosecutorial powers the Attorneys-General are empowered to take corruption cases being prosecuted by the EFCC. The Attorney-General of the Federation is also vested with the power by Section 43 of the EFCC Act 2004 to make “rules or regulations with respect to any of the duties, functions or powers of the Commission under this Act.” Apart from exercising oversight powers over the EFCC the National Assembly is expected to consider the reports of the commission which shall be submitted not later than 30th September of each year pursuant to section 37 of the EFCC Act.
In Attorney-General of Ondo State v Attorney-General of the Federation (supra) the Supreme Court that the federal, state and local governments have joint responsibility to fight the menace of corruption and abuse of office. But it is common knowledge that the state and local governments have never involved themselves in the fight against corruption. Indeed, the state governments do not even assist the EFCC ICPc in the investigation and prosecution of public officers and contractors who are alleged to have stolen public funds belonging to state and local governments. Although the fight against corruption is one of the cardinal programmes of the ruling political party the 21 state governments controlled by it have not deemed it fit to team up with the federal government in fighting corruption
President Buhari has questioned the seeming reluctance of Nigerian judges to play a critical role in the fight against corruption. Even from the legal profession many have criticized the helplessness of the courts in dealing with grand corruption associated with politically exposed persons. While the concerns expressed are understandable it has to be realized that the predatory and peripheral capitalism operated in Nigeria has created a peculiar legal system for its sustenance and survival. Hence, Professor Biodun Jeyifo has rightly observed that “our criminal justice system, with regard to the unjustly rich and powerful, is one of the most unjust and irrational criminal justice systems in the world precisely because capitalism Nigerian is one of the worst forms of capitalism in the world.” (The Nation, September 11, 2016).
Conclusion
While the anti-graft agencies and the Attorneys-General should work together in the prosecution of all economic and financial crimes the NBA ought to prevent lawyers from further frustrating the prosecution of corruption cases in the courts. Although the ACJA has substantially addressed the crisis of delay in the prosecution of criminal cases it should be noted that the application of the law is limited to federal courts. Apart from Lagos State and a couple of other states which have reformed their criminal justice system, the other state governments have not jettisoned the colonial criminal procedure laws. The NBA may wish to pressurise such state governments to adopt the ACJA in order to fast track the trial of criminal cases in the state courts.
To save the NBA from self-inflicted destruction, the progressive extraction of the legal profession should restrain Bar leaders from giving the dangerous impression that Nigerian lawyers are comfortable with the large scale corruption in the country. As a matter of urgency, the NBA should be retrieved from the overbearing influence of a cabal of lawyers trying desperately to use it to frustrate the prosecution of criminal elements who have willfully inflicted eternal agony on the masses through the criminal diversion of the commonwealth. All patriotic lawyers should ensure that the anti-graft agencies have the autonomy to operate without intrusion from public institutions and private bodies. As corruption will always fight back to protect some vested interests the anti graft agencies should be prepared to collaborate with the trade unions and other mass organisations in the fight against corruption.
Finally, since the ACJA has done away with stay of proceedings and other delay tactics hitherto employed by senior lawyers to stall the prosecution of corrupt people’s trial, courts are enjoined to prevent unending cross-examination of witnesses and frivolous adjournments by lawyers. Instead of campaigning for whittling the powers of the EFCC the NBA is urged to join civil society organisations like the Socio-Economic and Rights Accountability Project (SERAP) in monitoring the trial of the mega looters of public treasury. I fully concur with Prof Akin Oyebode that “as priests in the temple of justice, our legal practitioners should live above board and no longer feel comfortable that some of the less than virtuous among them occupy critical and sensitive positions dealing with sanctions and preferment within the Bar.”