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Tag: Anti-corruption

  • The fight against anti-corruption agencies by NBA (I)

    The fight against anti-corruption agencies by NBA (I)

    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, Falana warns that the NBA campaign, is pushed through, could shield those who plundered Nigeria’s commonwealth.

    The theme for the 56th annual general conference of the Nigerian Bar Association (NBA) which held in Port Harcourt, Rivers State from August 21 – 26, 2016 was “Democracy and Economic Development.” In the communiqué issued at the end of the conference, the NBA commended the battle against corruption but urged the President Muhammadu Buhari-led administration to execute the battle “within the ambit of the law to enhance economic development.”

    However, during his inaugural address, the newly elected President of the NBA, Mr. A. B. Mahmoud, SAN, demanded that the Economic and Financial Crimes Commission (EFCC) be stripped of prosecutorial powers  and limited to investigation. He also called for the setting up of an independent prosecution agency to prosecute cases investigated by the EFCC.

    Instead of joining issues with Mr. Mahmoud, who had expressed his personal opinion on a matter of public interest the EFCC reacted in a rather knee-jack manner and  subjected the entirety of Nigerian lawyers to undeserved spurious attack. Notwithstanding that the EFCC goofed, Mr. Mahmoud’s call has attracted suspicion in view of the campaign hitherto spearheaded by the NBA leadership to weaken the EFCC and thereby promote the culture of impunity on the part of a ruling class that has stolen the country dry.

    As defenders of a distorted version of the bourgeois concept of the rule of law, senior lawyers have clashed with the efcc which has attempted to challenge the status quo by humiliating members of the ruling class. Unlike other anti-graft bodies, the efcc has consistently opposed the bail applications of rich and influential criminal suspects and thereby caused them to be  briefly locked up in prison custody. In this intervention, I intend to situate the clash between the NBA and EFCC within historical context and review the several cases in which senior lawyers have consistently waged legal and ideological battle against the anti-corruption crusade by challenging the existence and relevance of the anti graft agencies.

     

    Challenge of legal validity

     

    In shielding politically exposed persons and other members of the ruling class from prosecution for corrupt practices, senior lawyers have audaciously challenged the legal validity of the anti-corruption laws and the competence of anti-corruption agencies to discharge their statutory functions. The NBA had kicked against the Recovery of Public Property (Special Provisions) Decree no 3 of 1984 promulgated by the Buhari military junta to set up special military tribunals in 1984 for the trial of alleged corrupt politicians of the second republic. In a purported defence of the rule of law, the NBA directed all lawyers to boycott the special military tribunals as they were constituted by military officers without any legal training.  Convinced that lawyers were hiding under the doctrine of the rule of law to promote corruption, the late Chief Gani Fawehinmi,  SAN, accused the NBA of hypocrisy by allowing its members to appear before courts-martial, equally constituted by military personnel. The radical lawyer defied the NBA and  defended some accused persons charged before  the special military tribunals. Angered by the Chief Fawehinmi’s defiance, the NBA entered his name in a so-called black book. The name was not restored until 1988 under the progressive NBA  leadership of the late Mr. Alao-Aka Bashorun.

    As corruption became fully institutionalised under the military junta headed by Generals Ibrahim Babangida and the late Sani Abacha, Nigeria was rated as one of the most corrupt countries in the world by Transparency International (TI). Consequently, Nigeria was blacklisted by the Financial Action Task Force for condoning corruption and other serious economic crimes. But upon the restoration of civil rule in May 1999  the Olusegun Obasanjo administration decided to redeem the image of the country by enacting the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act, 2000. The commission established by the Act was assigned the responsibility to investigate and prosecute corrupt people in the society. A few years later, another commission was set up under the Economic and Financial Crimes Commission (EFCC) Act, 2004 to deal with advanced fee fraud, money laundering and other economic and financial crimes.

    But as soon as some officials of the Ondo State government, who were accused of corrupt practices were invited for interrogation, the constitutional validity of the Act was questioned by the plaintiff in  Attorney-General of Ondo State v. Attorney-General of the Federation (2002) 27 WRN 1. In dismissing the suit, the Supreme Court held that “The Act is meant to make justiciable by legislation a declared state policy to abolish corrupt practices and abuse of power…It is not in any way an attempt to embark on a general criminal law legislative jurisdiction. The eradication of corrupt practices and abuse of power will enure to the good government of Nigeria.” Another vigorous attempt was made to nullify the ICPC Act in Olafisoye v. Federal Republic of Nigeria (2005) 52 WRN 51  where the appellant contended that the enactment of the ICPC Act was ultra vires the National Assembly. In rejecting the argument,  the apex court held that “In most nations, including Nigeria, the masses abhor corruption and that is one reason. Though not the most important reason, why the ICPC Act was enacted. A government which embarks upon a large scheme to stop corruption will certainly be regarded by its people as a good government as it responds to the economic needs of the people. Such governmental action will certainly vindicate section 15(5) of the Constitution.”

    Having lost the battle to demolish the ICPC, the EFCC Act was vigorously challenged by the plaintiff in Attorney-General of Abia State v. Attorney-General of the Federation (2007) 6 NWLR (PT 1029) 200 which prayed the Supreme Court to declare  the EFCC Act 2004 illegal, null and void for inconsistency with the Constitution. In striking out the case in limine, the court held that the plaintiff ought to have instituted the action at the Federal High Court. Shortly thereafter, in Hassan v. Economic and Financial Crimes Commission (2014) 1 NWLR (PT 1389) 607, the Court of Appeal refused the relief for perpetual injunction to restrain the Commission from further arresting or disturbing the appellant on the ground that “no court has the power to stop the investigative powers of the police or EFCC, or any agency reasonable suspicious of commission of a crime or ample evidence of commission of an offence by a suspect.”

    Furthermore, in Kalu v. Federal Republic of Nigeria (2014) 1 NWLR (PT 1389) 479, the locus standi of the EFCC to prefer charges against the appellants was taken up by the appellants. In dismissing the appeal the Court of Appeal  held that the argument of the appellants was rooted in the fallacious ground that “the funds allegedly stolen and paid into the account of Slok Nigeria Limited was from the Security Votes of Abia State that were managed by the 2nd respondent, as the Governor of Abia State, and that the said Security Votes are ‘unaccountable and unretireable’. The argument does not say, and it cannot be further stretched to mean, that because the funds from Security Votes are ‘unaccountable and unretireable’ they are ‘stealable’ or and can be pilfered with impunity.” The Supreme Court has since upheld the decision of the Court of Appeal and directed the appellants to stand trial at the Federal High Court.

    The battle ground shifted to the Code of Conduct Tribunal (CCT) last year in the celebrated case of Dr. Olubukola Saraki v. Federal Republic of Nigeria (2016) 3 NWLR (PT 1500) 531 where the appellant, the current Senate President, was charged with false declaration of assets while he was the governor of Kwara State. The several objections raised against the trial were dismissed by both the Tribunal and the Court of Appeal. The further appeal to the Supreme Court was equally dismissed on the ground that the Tribunal was properly constituted by the Chairman, and at least, another member. The competence of the charge was also validated on the ground that the powers of the Attorney-General to file criminal charges are not exclusive to the holder of the office as any other authority or person can institute and undertake criminal prosecution without the authority of the Attorney-General.

    Aside the legal battles which have been relentlessly waged against the anti corruption crusade by senior lawyers, the NBA has kicked against the decision of the National Human Rights Commission (NHRC) to publish the list of  criminal suspects, who allegedly committed electoral malfeasance during the 2011 and 2015 general elections. Even though the list of the indicted individuals was largely compiled from the judgments of the various election petition tribunals and the courts,  the NBA has called on the Attorney-General of the Federation to call the commission to order for usurping the functions of other statutory agencies! It is hoped that the Attorney-General will draw the attention of the NBA leadership to articles 13 and 20 of the African Charter on Human and Peoples’ Rights  (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria 2004 which have guaranteed the human rights of the Nigerian to participatory government either directly or through chosen representatives.

    It is rather unfortunate that the NBA has suddenly become the defender of electoral offenders when the reports compiled by its own election monitoring team had confirmed the violations of the Electoral Act 2010 by political thugs and other enemies of democracy in several parts of the country. In fact, the NBA  had cooperated with the Prof Attahiru Jega-led Independent National Electoral Commission (INEC) in the prosecution of a number of electoral offenders in many states of the federation after the 2011 general elections. Having been asked by the NBA to coordinate the prosecution team at the material time, I have since dissociated myself from the baseless attack of the NHRC by the NBA. Convinced that the NHRC has rightly taken up the challenge of protecting the democratic rights of the Nigerian people, I have directed my law firm to defend the NHRC pro bono publico  if it is sued by any of the indicted electoral offenders.

     

    Campaign to weaken the EFCC

     

    As soon as the EFCC was established in 2004 it pounced on the kingpins of advanced fee fraud otherwise called “419” who had dragged the nation’s name through the mud. Like other concerned Nigerians, the lawyers were pleased with the successful prosecution of such economic parasites. But senior lawyers parted ways with the EFCC when it began to expose members of the ruling class to ridicule by taking some highly-corrupt public persons to court in handcuffs. It was at that stage that lawyers began to accuse the EFCC of engaging in human rights abuse even though they had never complained  that  petty criminal suspects are taken to court in handcuffs and leg chains. At the 2006  annual conference of the NBA which held in Port Harcourt, the NBA leadership  called for the removal of Mr. Nuhu Ribadu as EFCC chairman. The call was however defeated and jettisoned as it was vehemently opposed by the majority of the conference participants.

    Sometime in 2007, former NBA President, Olisa Agbakoba (SAN), led a delegation of bar leaders to pay a courtesy call on the then  Minister of Justice & Attorney-General of the Federation, Mike Aondoakaa (SAN). On that occasion, the NBA leadership requested the federal government to divest the EFCC of prosecutorial powers. Apparently goaded by such “professional advice” and reported pressures from the tribe of politically exposed persons,  the Attorney-General requested former President Umoru Yar’Adua to direct the EFCC and other anti graft agencies to obtain his written approval before instituting any criminal case in court. The request was hastily granted by the President.

     

  • Cleric seeks change of FG’s anti-corruption strategy

    The Director General of Felates Club of Ijesaland, Osun State, the Very Rev Seun Adeniyi,  has appealed to the Federal Government  to adopt Community Advocacy rather than attempting to fight the war on corruption ‘’by fiat’’. Commending the initiative of the Buhari-led government to embark on the crusade, the Methodist clergy also appealed to all Nigerians, especially at the family level to join the government in the crusade.

    Rev Adeniyi made the plea at the 50th Anniversary of the club in Ilesa, Osun State, at the weekend saying: ’’If we are to tame corruption, it has to start from our individual families in the community. Most of the present-day families in Nigeria are not patterned after the mind of God. We are selfish and covetous.’’

    He noted that ‘’corruption had been with us for ages and any attempt to eradicate it by fiat will be counter-productive.’’

    He disclosed that some of the programmes of the club have been targeted to provide palliatives at the family and community levels, to discourage tendencies towards corruption adding that the government’s ‘’ Change begins with me’’ initiative is worthy of the support of Nigerians.

    He disclosed that some of the communal programmes of the club include provision of 40 scholarships for indigent students, a community library and support for widows. He said that the adage that the devil finds work for idle hands, inspired the club to make available a community hall/event center for recreation and the yearly Ayo Games Competition.

    Very Rev Adeniyi disclosed that the club’s Scholarship scheme has received support from a member and Chancellor of Lead City University, Prof JideOwoeye, who also gives out two tuition-free scholarships yearly. The Library scheme is already being replaced with an e-library, while the International Breweries , Ilesa,  one of the sponsors of this year’s Ayo Games, gave out  a Motor Cycle as the winning prize  as part of the  50th Anniversary Celebration of the club which ended at the weekend.

    The anniversary celebration featured a lecture from the Minister of Health, Prof Isaac Adewole, and historical documentary on the club and fund raising for the Development of Ijesaland. The occasion was also graced by a former Supreme Court Justice and immediate past Chairman of the Independent Corrupt Practices Commission, Justice Emmanuel Ayoola.

    Meanwhile, the club will hold a post-event meeting today at the home of one of the organizers of the anniversary, Mr. Tunde Awobiyi, a former Editor of Sunday Times.

  • How to win the anti-corruption war

    Rev Seun Adeniyi, has advised President Muhammadu Buhari to adopt what he called “community advocacy” in the prosecution of his administration’s antic-graft war.

    He said this strategy will yield more dividends than attempting to fight the war on corruption ‘’by fiat’’.

    Commending the initiative of the Buhari-led government to embark on the crusade, the Methodist clergy also appealed to all Nigerians, especially at the family level, to join the government in the crusade.

    The cleric, who is also the Director-General of Felates Club of Ijesa land, Osun State, spoke during the 50th anniversary of the club in Ilesa, Osun State.

    He said: “If we are to tame corruption, it has to start from our individual families in the community. Most of the present-day families in Nigeria are not patterned after the mind of God. We are selfish and covetous. Corruption has been with us for ages and any attempt to eradicate it by fiat will be counter-productive.’’

    The Director-General said some of the programmes of the club have been targeted to provide palliatives at the family and community levels, to discourage tendencies towards corruption.

    He said some of the communal programmes of the club include the provision of 40 scholarships for brilliant but indigent students, a community library and support for widows.

    According to him, the adage that the idle mind is the devil’s workshop and that all work without play makes Jack a dull boy, inspired the club to build a community /event centre for recreation and the yearly Ayo Games Competition, which has been graced by many participants and personalities across the nation, since inception in 2009.

    Notable among them is the renowned Yoruba Poet, Chief Adebayo Faleti. The club has also organised interactive sessions, including the Osun State Community-based Poverty Reduction Programme at Premier Hotel, Ibadan..

    Rev Adeniyi said the club’s scholarship scheme has received support from a member and Chancellor of Lead City University, Prof. Jide Owoeye, who also gives out two tuition-free scholarships yearly. The library scheme is already being replaced with an e-library, while the International Breweries Ilesa,  one of the sponsors of this year’s Ayo Games, gave out  a Motor Cycle as the winning prize  as part of the  50th anniversary celebration of the club.

     

  • Anti-corruption war: No sacred cows

    SIR: President Muhammadu Buhari made no mistake when he said if we fail to kill corruption, corruption will kill Nigeria. It is not disputable that the hydra -headed monster has done incalculable damage to virtually every facet of our national life. At every stop during the campaigns, he trumpeted his desire to crush the monster that has been a barrier to our journey to development. Now that Buhari is president, there is no doubt the war against corruption has begun. It is evident in the amount of cash and property recovered by the anti-corruption bodies. And for the first time, those who misapplied or misappropriated public funds, thinking that day of reckoning will never come in their lifetime now know what hit them. Even the military is not spared as long hidden skeletons are excavated and dossiers of iniquity opened.

    But concerns about the nature of President Buhari’s anti-corruption war remains despite the success it has so far recorded. Buhari is accused in some quarters of fighting a selective war. Some of these accusations range from the ridiculous to the mundane. But one cannot in all honesty dismiss all as mere lamentations of the tribe of wailers.

    Curiously, one wonders why the illegal recruitment at the CBN has been allowed to stand despite the hue and cry that greeted it. Sons, daughters and relatives of the rich and mighty, especially the President’s friends got engaged by the CBN without due process.

    Just as the dust raised by irregular CBN recruitment was settling, the FIRS secretly employed 350 new staff. Like that of the CBN, it was neither advertised nor approved by the Federal Character Commission as the service rules stipulate. What is even more irritating is the watery argument by the CBN that they were ‘targeted recruitments’. And I ask, what are the sins of the ordinary man that makes it a taboo for him to be ‘targeted’ for plum positions? Are less privileged Nigerians only meant to be shepherded to polling booths on election day to give expression to the dream and aspirations of ambitious politicians?

    Away from the hoopla generated by irregular recruitments, one issue many Nigerians have expressed dissatisfaction with its handling is the corruption allegations leveled by an online news portal against the Chief of Army staff (COAS ), Gen. TukurBuratai. He was accused of buying mansions worth N120m in Dubai with proceeds of graft.

    The least expected of the nation’s anti-corruption bodies is to swing into action with a view to ascertaining the veracity of the allegations; not the feeble clearance and defence by the Federal Government and the Nigerian Army.

    The chief locust that messes up our collective fabric cannot be killed if the nation’s anti-corruption bodies choose to see with one eye. It is gratifying that the president says he belongs to everyone and belongs to no one. To be fair, nothing suggests that the President would shield his ministers or army chiefs or party members from prosecution. But silence in the face of brazen nepotism- which is in fact corruption- and allowing it to stand as witnessed in the case of illegal recruitments could send the wrong signal to the children of corruption and make a mockery of the war against graft

    Every appearance of evil must be rejected and shot down. Let the searchlight of the nation’s anti-corruption agencies be beamed the way of the broom, the umbrella and everyone that has their hands soiled no matter whose ox is gored.

     

    • LadesopeLadelokun,

    Ogun State.

  • Clark joins anti-corruption corps

    Hurray, Edwin Kiagbodo Clark, unfazed presidential godfather under Goodluck Jonathan, just joined the Buhari Anti-Corruption Corps!  But his starting ranks are yet unknown!

    Speaking at the announcement of the academic year for the new Law programme of the Edwin Clark University, Kiagbodo, Delta State (ECUK), Pa Clerk serenaded President Muhammadu Buhari’s anti-sleaze war, saying it was the panacea for Nigeria’s greatness.

    “This country will have to be cleaned up, and I’m happy we have a president, despite every other thing, who has now stood up to fight corruption. We should support him,” he counselled. “I know this country will progress, if corruption is reduced to the minimum.”

    Really, those were words of wisdom, well and truly spoken by an elder.  Nothing to add. Nothing to subtract.

    There is a query, though — and that query is simple.  Where was this fount of wisdom, when Godson, Goodluck Jonathan, was president; and Pa Clark never tired of bragging — sorry, crowing — that Jonathan was his “son”?

    Where was that spring of wisdom when President Jonathan was making a vacuous distinction between stealing and corruption?

    Where was it when about everyone, except the un-abashed presidential godfather and the innermost Jonathan presidential circle, was saying the former president’s body language cuddled corruption like some newly found, long lost lover?

    Where, indeed, is Pa Clark’s voice when the so-called Niger Delta Avengers were busy corrupting the otherwise legitimate struggles of their people, by resorting to brainless vandalism of key economic assets — wilful arson that not only compromise the integrity of their cause but further pollute their environment, destroy marine life and extinguish many a legitimate livelihood in the poisoned creeks?

    But perhaps Pa Clark was playing the politics of anti-corruption-speak, powered by the politics of rememberance — or forgetfulness!

    “If corruption reduces to the minimum and this country is restructured, we’ll have a better Nigeria.”. Well framed!

    “I’m not looking for a Nigeria where some people are first-class and others are second-class.  If you make some people second-class, they will fight their way through and there’ll be no peace in this country.”

    That is no subtle threat.  Whether by Freudian slip or outright declaration, Pa Clark appears voicing his support for the creek vandals, somewhat imbuing their criminality with some nobility in a classic case of double-speak.

    But what if the so-called freedom fighting, ala Avengers, is some wilful and criminal subterfuge to frustrate the due comeuppance for the mind-boggling sleaze under godson Jonathan?  If that were so, would the latest to be enlisted on the Buhari Anti-Corruption Corps be said to be a true member, or was just playing at some verbal flurry, full of empty gas?

    Besides, when for the Niger Delta, did restructuring become such a consuming article of faith: before or after Jonathan lost power?

    Pa Clark must know: it is either he is for, or against the anti-corruption war.  Straddling, by speaking from both sides of the mouth, wouldn’t do. You don’t serenade those fighting sleaze and, in the same breath, romanticise the criminality they are facing down.

    Besides, who knows? If Pa Clark had been forthright with Jonathan on the corruption issue, playing the role of a loving dad, perhaps Jonathan would still be president?

    Well, all that is history now. What is not history is that Pa Clark should be courageous enough to walk his talk.  He has not demonstrated that with this pussy-footing, in his so-called self-enlistment as an anti-corruption ambassador. Pity!

  • The anti-corruption war and the enemies within

    The anti-corruption war and the enemies within

    Text of a lecture delivered by activist-lawyer and FEMI FALANA, a Senior Advocate of Nigeria (SAN), at the investiture of Dele Ojogbede as President, Rotary Club, Ikoyi, Lagos  on July 24. 

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

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

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

     Mismanagement of funds earmarked for the provision of relief materials

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

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

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

    Citizens’ vigilance in the fight against corruption

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

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

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

     Time to fight the enemies within

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

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

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

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

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

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

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

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

    Conclusion

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

  • Anti-corruption crusade makes Buhari popular, says envoy

    Anti-corruption crusade makes Buhari popular, says envoy

    The anti-corruption agenda of President Muhammadu Buhari’s administration has earned him popularity among the international community, the Ambassador of France to Nigeria, Denis Guaer, has observed.

    Guaer told the News Agency of Nigeria (NAN) in Abuja that the determination of Buhari to fight corruption had been “historical and commendable.’’

    “Buhari presented the fight against corruption as his main priority objective and I think it is probably the main reason he was elected.

    “It is also the reason why he has become so popular abroad within the international community.

    “Everybody is thinking this President is really willing this time to confront corruption.

    “I think Buhari is really trying and trying hard; it appears to me as a historical effort to fight corruption.’’

    Guaer decried the humanitarian crisis caused by Boko Haram insurgency in Northeast, saying the insurgency was partly due to corruption.

    “This brings us back to the question of corruption also. In the North, public services are in a bad shape.

    “Education and health care are in bad shape and this is a problem of governance; resources have to be rededicated to restore public services in the North.

    “That is difficult now because unfortunately Nigeria’s revenue is down because of the oil price and destruction of oil pipelines,’’ he said.

    He regretted that people were starving in Internally Displaced Persons’ camps, saying the international community must come to the aid of Nigeria.

    “Concerning France, we are financing some humanitarian aid programmes with the International Organisation of Migration, International Committee of the Red Cross, Action Against Hunger and Doctors Without Borders.

    “So we are bringing in some humanitarian aid bilaterally directly and through the European Union.

    “The main aid goes through the European Union, which is the main financier internationally for humanitarian aid,’’ he said.

  • Is Buhari’s anti-corruption war selective?

    Is Buhari’s anti-corruption war selective?

    The complexity of human nature has made the lot of a leader in a democratic society unenviable. By sheer ambiance of his position, President Muhammadu Buhari has to contend with a welter of interests. Buhari, who heads the one year-old administration of the All Progressives Congress (APC), was voted into power to give the country a new direction and so a lot of meanings are read into his action or inaction. Deputy Political Editor RAYMOND MORDI looks at his anti-corruption war, saying that it has become the butt of people’s adulation or admonition.   

    Nigerians wake up nowadays to hear the latest in the ongoing anti-corruption crusade of President Muhammadu Buhari. Humongous figures are bandied in the media daily, as what politicians and others allegedly looted from the treasury during the immediate past administration led by Dr. Goodluck Jonathan. Shock, disbelief and outrage was the initial reaction greeted the revelations. In the last one year, such revelations have become a regular fare, to the extent that even opponents of the Buhari administration have now been compelled to admit that the scale of corruption in the administration was monumental.

    The present war against corruption is one of the areas where the Buhari-led administration was able to hit the ground running. This is understandable; given the President’s anti-corruption antecedents and pledges he made during the electioneering campaign. The last time Nigerians witnessed a major probe of an administration by a succeeding one was in 1984, after the fall of the Second Republic, when a Buhari-led military regime arrested and put to trial, key actors in that dispensation.

    Indeed, his anti-corruption stance was the magic wand that secured Buhari the electoral victory of March 28, 2015. During the campaign, it was easy to see how corruption was established as Nigeria’s most intractable problem. Hence, the then opposition party, the All Progressive Congress (APC) vowed to deal with it head-long, if voted into office.

    Since his inauguration on May 29, 2015, Buhari has taken a number of bold steps aimed at fighting corruption. They include setting up of a Presidential Advisory Committee Against Corruption, headed by professor of law and human rights activist, Prof. Itse Sagay; and the sacking of some purportedly corrupt heads of some government agencies such as Nigerian Maritime Administration and Safety Agency, Nigeria National Petroleum Corporation, among others.

    It also includes his decision to immediately enforce the Treasury Single Account (TSA) initiated by his immediate predecessor in office. President Buhari has also been junketing across the globe seeking help and signing bilateral and multilateral agreements with some countries for the repatriation of the country’s stolen wealth; one of such is the Mutual Legal Assistance on Criminal and Commercial Matters Treaty signed with the United Arabs Emirate (UAE) in January.

     

    A can of worms

    The Buhari administration’s anti-corruption war has opened a can of worms. It was through the four-member committee set up in June last year to scrutinise the accounts of the Nigerian National Petroleum Corporation (NNPC) and Excess Crude Account (ECA) under the last administration that Nigerians first heard that the $2.1 billion meant for the purchase of arms to fight the Boko Haram insurgency in the North-East was misappropriated by the former National Security Adviser (NSA), Col. Sambo Dasuki.

    He was in charge of coordinating the war against Boko Haram terrorists during the last administration. The probe was meant to unravel the allegation that N3.8 trillion was not remitted to the Federation Account by the NNPC between 2012 and May 2015, as well as the $2.1 billion said to have been deducted from the Excess Crude Account (ECA) without approval. Members of the panel were Governors Adams Oshiomhole (Edo), Ibrahim Dankwanbo (Gombe) Nasir el-Rufai (Kaduna) and Udom Emmanuel (Akwa Ibom).

    Though the names of the corrupt officials from whom the assets were recovered were not disclosed, as the President had promised to do, the administration gave the details of looted funds recovered so far as: N78.325 billion, $185.119 million, £3.508 million and €11, 250 between May 29, 2015 and May 25, 2016. It also stated that a combination of cash and assets amounting to the following sum were recovered under interim forfeiture during the same period: N126.563 billion, $9.09 billion, £2.484 million and €303,399.

    The revelations so far have raised a lot of dust. Some critics say the anti-corruption war is selective and that it is a media trial that is designed to cow the opposition. There are also allegations of impunity and the abuse of human rights in the course of the fight.

    A Senior Advocate of Nigeria (SAN), Chief Onueze Okocha, believes the anti-corruption war is selective. His words: “It is very obvious. So far, those that have been accused, arrested and arraigned for corruption-related offences are members of the PDP. We have not lost sight of the fact that many of the party’s members defected to the APC. The former PDP members have been accused of wrongdoing, but they are untouched. I think the war is lopsided and not waged with an altruistic motive.”

    But, another legal practitioner, Chief Anthony Idigbe (SAN), said achieving objectivity in an anti-corruption war of this nature is difficult to achieve, “since it is a public policy issue, which is often influenced by some factors”.

    He said: “If several people commit a crime, the state could make a decision that it wants to prosecute the mastermind and some other people who also participated in the crime, while leaving others. The state may choose somebody for prosecution for the purpose of deterrence. This is a public policy issue. So, it always comes up as to whether the government makes the right public policy choice in those they prosecute.

    “I can only respond to as a lawyer. So, it is the public, which controls the government through election process that can help set agenda as to which public policy objective the government should pursue. But, generally, there is no doubt that there is a discretion power, which is given to the state to select who it wants to prosecute.

    “The criminal process is inherently selective because the state has to make a public policy choice. It cannot prosecute everybody. This is because the Federal Government does not have enough resources to prosecute everybody. So, they have to select who they will prosecute and that selection will be guided by certain public policy considerations. There are always disputes as to how they arrived at those considerations. It is not unusual; it happens everywhere in the world.”

     

    Different strokes

    The consensus of observers is that while the call for the anti-corruption war to be fought with the rule of law in mind makes a lot of sense, because of occasional show of exuberance by security operatives, there is a big question mark on the allegation of selective prosecution.

    Lawyer and human rights activist, Fred Agbaje, those complaining of being victimised are just whipping up sentiments. He said: “It’s time for the accused to stop putting up an alibi for the crimes they committed. If someone has been accused of corruptly enriching himself, he should go to court and defend himself, rather than putting up excuses. It is not right to whip up sentiments. I don’t buy it.

    “Why did the Economic and Financial Crimes Commission (EFCC) not come after me? Why is it that the EFCC is going after Gov. Ayodele Fayose of Ekiti State, Musliu Obanikoro and the rest? Something must have warranted that. But, you can’t sit in your house and concoct excuses. The anti-graft agencies won’t go after the innocent people.”

    Members of the opposition now being prosecuted were the powerful men in the last administration who were said to have received some money from the $2.1 billion arms fund being probed. The Buhari administration has not even started probing other sectors of the economy.

    This is why some observers have criticised the ongoing crusade, saying it is limited to recovery of looted funds and cannot be described as anti-corruption. For instance, newspaper columnist, Idowu Akinlotan, sees the anti-corruption war as “a battle against the symptoms of corruption, not a systemic attempt to tackle the malaise from its very roots.” In his column on July 3, 2016, titled ‘Buhari Presidency needs fresh thinking’, he said: “Had it been a well-structured battle, one that is underpinned by an uplifting, coherent and structured philosophy, the collateral damage being witnessed would have been feeble and short-lived. Had that structured philosophy been identified and enunciated, it would have led to a wider and more encompassing campaign to remake the country and put it on a sound, stable, peaceful and solid footing to compete with other nations in the 21st century.

    “The anti-corruption war, which is virtually the only serious campaign being waged by the Buhari presidency, would have been just a subset of the whole, organised and executed brilliantly, perhaps more effectively and without distractions and fanfare.

    Be that as it may, the allegation against the Chief of Army Staff, Lt-Gen. Tukur Buratai, appears to be the biggest credibility test for Buhari’s fledgling anti-corruption war. Buratai is alleged to have bought two houses in Dubai, United Arab Emirates (UAE), at a cost of $1.5 million. Observers say Buratai’s defence that the revelation is a smear campaign by some groups that are not comfortable with the military’s successes against Boko Haram extremists in the Northeast evades the issue.

    Human rights lawyer, Mr. Femi Falana (SAN), has urged President Buhari to sack the Buratai, if the army chief fails to voluntarily resign. Falana said despite Buratai’s commendable feat of leading the army to defeat Boko Haram in the Northeast, the war on corruption was also a must-win for the Buhari administration. The lawyer  described as a “cock and bull story” the explanation by the army authorities that Buratai paid for the properties in instalments through his personal savings.

    While he condemned the involvement of the Nigerian Army in defending Buratai, he said no one had yet to explain to Nigerians how an army General could manage to save $1.5m. He added, “In view of the ban on the opening and operation of foreign accounts by public officers, the Code of Conduct Bureau should be involved in the investigation. If the Chief of Army Staff does not deem it fit to resign forthwith President Buhari should not hesitate to remove him in the interest of national morality.”

     

    Challenges

    Nevertheless, Nigerians are looking forward to seeing those who looted the treasury being punished this time around, to serve as a deterrent to others. So far, no one has been convicted and the cases in court are likely to drag on for some time, as defence lawyers try to manoeuvre to get their principals off the hook.

    Indeed, President Buhari has expressed fears that the nation’s judiciary may become his major headache in achieving the objective of ensuring that the country punishes bad behaviour. Speaking at a town hall meeting with Nigerians living in Addis Ababa, the Ethiopian capital, at the beginning of the year, Buhari said his travails in courts during his failed bid for the nation’s Presidency on three occasions, had convinced him that the judiciary needed urgent reforms.

    Insufficient funds to prosecute the numerous cases of corruption may also constitute an obstacle in realising the objective. For instance, the Chairman, Independent Corrupt Practices and Other Related Offences Commission (ICPC), Mr. Nta Ekpo, was reported to have cried out that the anti-graft agency had been unable to successfully carry out its statutory responsibility of fighting corruption due to insufficient funds. Nta stated this in January when he hosted members of the Senate Committee on Anti-Corruption and Financial Crimes, headed by Senator Chukwuka Utazi in his office.

    The ICPC boss reportedly told his visitors that the yearly budget of his agency was insufficient to carry out its responsibilities and fight corruption. He said: “In 2015, the commission proposed N9.5 billion, but N4.9 billion was appropriated, while N4.2 billion was released. Note the differentials between the amount budgeted and actual release. If the anti-corruption agencies of government are starved of funds, how can this administration win the war against the monster?”

  • U.S. rallies support for anti-corruption war

    U.S. rallies support for anti-corruption war

    The United States (U.S.) has reiterated its support for the anti-corruption war of the Federal Government, saying its financial institutions would not be a channel to launder the nation’s stolen assets.

    The U.S. ambassador to Nigeria James Entwistle made the assurance yesterday during a ceremony organised in Lagos by the U.S. Mission to Nigeria in commemoration of the America’s 240th Independence.

    Entwistle said the U.S. would continue to offer technical assistance to Federal Government investigators and prosecutors in their efforts to recover stolen assets.

    He said: “As Nigeria fights corruption, the United States offers technical assistance and training for investigators and prosecutors. We also offer our commitment to ensure that no stolen funds are laundered through the U.S. banking system.”

    The envoy said the U.S. would continue to partner the government and its agencies to redouble the efforts towards ameliorating the plight of the Internally Displaced Persons (IDPs), noting that the U.S. would rally support to end starvation and other humanitarian challenges.

  • Anti – corruption war: Judiciary and EFCC bear the brunt

    SIR: The raging war to address the moral fabric of this country has continued to gather momentum.  The efforts of the present administration are being monitored in most parts of the world where Nigeria has been known in negative terms for decades.  Achieving the notorious status of second to the last most corrupt country in the world, Nigeria is struggling to wriggle out of this obnoxious corruption index.

    The man leading the fight is not new.  Neither in physical features, orientation, mien and determination is Buhari a new man to Nigerians.  The only “new” thing is that he now listens to others, he does not consider himself infallible, he now believes in team work.  But the focus is the same – to save this nation from fraudsters, masquerading as politicians and patriots.

    In our laws, the two most concerned organs at fighting corruption are the EFCC and the courts.  In other climes, the jobs of these two bodies are clear–cut.   But not in Nigeria where subterranean forces are usually at work to thwart the efforts of genuine operators of law and justice.

    First the EFCC.  This body is a child of circumstance, conceived in frustration, born in moral agony, and nurtured indespair.With over-weight and overload, EFCC is not presenting the best of the brains at the Bar.  As can be viewed from outside, a lot of improvisation goes on there.  How many Jacobs are working for the anti-graft agency?  They can be counted by the fingers.  Here lies the danger.  When neophytes and less experienced lawyers face Smart Alecs of the bar what do we expect?  Intimidation, manipulation, threats etc.  It is here that the EFCC starts loosing its cases.  The present situation demands thoroughness, total commitment, confidence and good knowledge of all factors surrounding each case.  The solution here is either the government set up a separate judicial organ to fast–track processes without infringing on the liberties of the looters or hire more lawyers to beef up the prosecution process.

    The second likely victim of the present malaise is the judiciary itself.  Obviously not peopled by saints, our judicial officers are overworked, underpaid (some have said) and exposed to all kinds of temptations. Some are cowed down by boisterous, imperious bully who, realizing the relative young ages of some judges attempt to shout and bully their way through. For judicial officers, there are many solutions.  First they must be properly enumerated.  The Revenue Mobilisation Allocation and Fiscal Commission which has responsibility for fixing the salaries and allowances of political office holders and judicial officers and which has been dormant (so it seems) for more than a decade now should rise up to the occasion and address the material benefits due judicial officers.  After all a Senator is earning more than thrice the emoluments of a High Court Judge now!

    Another way of addressing the issue of corruption in the judicial system is to apply stringent punitive measures to erring officers who sell ‘black judgment’ which allows the guilty to escape justice.  Sometime in 2015, Ghana dismissed 23 High Court hudges for various offences of corruption, ineptitude and the like.  The judicial system in that country has risen to expectation and there is a drastic reduction in fraud among public officers.

    We must face it.  We have to get it right this time.   Very few leaders love this country.  A society where the national lawmakers are the highest paid in the world; where the same people are clamouring for immunity and pensions for life, there is not much time to waste.  The unemployed youth, mostly educated now number about 20 million.  It is doubtful if these restive youth can wait for ever, seeing the obscene opulence and extravagance displayed by these heartless leaders.  The judiciary and other organs of state, notably the EFCC must brace up to save this nation  – the first way to do it is clean the system, help recover the loot, making ‘sharing’ and looting unattractive.  It is an onerous task which has to be done.

     

    • DejiFasuan M O N, JP

    Snr Citizen, Ekiti State