The Nation Newspaper

Tag: anti-graft war

  • Sagay to lawmakers: you are enemies of anti-graft war

    Sagay to lawmakers: you are enemies of anti-graft war

    Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) yesterday accused the National Assembly of undermining the anti-corruption war.

    He was reacting to Senate President Bukola Saraki and Speaker Yakubu Dogara’s claims that the anti-corruption was is ineffective.

    Sagay said the lawmakers have failed to rid the country of corruption.

    He said they refused to pass key anti-graft bills and failed to confirm Ibrahim Magu as Economic and Financial Crimes Commission (EFCC) chairman.

    He said: “In fact, the National Assembly has constituted itself into an opposition to the anti-corruption struggle. It has mounted a war against the anti-corruption struggle. It has decided to obstruct it at every stage.

    “For example, the bill for a special criminal court is not moving. And we saw the way they tried to stop Magu from being chairman of EFCC just because they found out he was effective, determined and incorruptible.

    “So they really want to weaken it, destroy it and bring it to the level it was when Jonathan was in power. So, they’re enemies of the anti-corruption struggle, there’s no question about that.”

    Sagay denied that the government was determined to send people to prison at all cost.

    He said the National Anti-Corruption Strategy includes prevention, adding that the government was rather determined to recover stolen funds.

    “He (Saraki) said we’re determined to send people to prison. No. What we are determined to do at any cost is to recover every stolen kobo, all the loot taken from Nigeria, 100 per cent.

    “We will not allow any loot to remain with anybody. We need it for development. That is what we’re determined to do. And you will find instances in which we lose a criminal case, and still recover the assets from the person involved,” Sagay said.

    Besides, Sagay said the law provides for alternative means of punishing corrupt persons other than imprisonment.

    “Two things have happened that he (Saraki) is probably not aware of. In the Administration of Criminal Justice Act (ACJA), there are very comprehensive provisions on plea bargaining and alternative means of sentencing.

    “There are also provisions for reducing sentencing based on the admission of the defendant. So, it is not true that government is favouring punishment alone.

    “We have a national anti-corruption policy document. Prevention is one of the major provisions there. Prevention by education, giving incentives, to make Nigerians realise it is better to be honest than to be corrupt through many means like television plays. We’re not just looking at punishment alone. In short, punishment is the last alternative.”

    On Saraki’s claim that anti-graft agencies were not independent, Sagay said: “We in PACAC are not consulted in most of the cases tried by EFCC and ICPC. We read about them in the newspapers just like everyone else. They are not influenced at all. They use their own independent judgment.

    “All we do is to guide them on how they can successfully, effectively and efficiently do their job. We provide the services, training, workshops and we help them get resources like laboratory equipment. As for giving them instructions, no. they decide what to do.”

    On alleged showmanship, Sagay said: “Again, he is not aware of things that are happening. For example, PACAC has produced a manual on prosecution. It essentially recommends teams for prosecution rather than individuals.

    “When a case arises for investigation, there is an investigator who looks for evidence. He works with lawyers and experts who will guide him on what constitutes the evidence required to prove the offence. The team of five or six meets to determine if there is sufficient evidence to go to court.

    “The showmanship might have existed before – I don’t believe it did – but not now. The idea is to do team work, conduct comprehensive and exhaustive investigation to establish a strong case in order to achieve efficient prosecution and speedy adjudication.”

     

  • ‘How to sustain anti-graft war’

    A Professor of Law, Yemi Akinseye-George (SAN), has identified critical challenges that threaten the success of the war against corruption.

    He suggested ways to ensure a favourable outcome and how to sustain it beyond this administration.

    The eminent professor of law warned that President Muhammadu Buhari administration’s efforts at curbing corruption will remain a mere flash in the pan where necessary legal frameworks were not devised and put in place to ensure the anti-graft war is well rooted and institutionalised.

    Akinseye-George, who is the President of the Centre for Socio-Legal Studies (CSLS), spoke in Abuja on May 3 at the opening of a two-day workshop for judges and other critical stakeholders on the application of the Administration of Criminal Justice Act (ACJA) 2015, organised by CSLS.

    At the event were Justice Binta Nyako of the Federal High Court, senior officials of the court, including its Chief Registrar, Emmanuel Gakko; prosecutors and other lawyers from the Federal Ministry of Justice and other related government agencies.

    The workshop, he said, was aimed at receiving stakeholders’ inputs into “the draft annotations of the ACJA,” from which a well-structured training manual will be created, for building the capacity of all stakeholders in the application of the Act.

    Akinseye-George said it was distressing that the Buhari administration, whose main focus is on anti-corruption, has not been able to pass any major legislation to back its “Change Agenda”.

    He argued that the Federal Government urgently needs to put in place “several important laws” required to “support or consolidate the current anti-corruption campaign of this administration”.

    Akinseye-George identified some of the required legislations to included the Proceeds of Crime Act; Witness Protection Act; Whistleblowers Act; National Financial Intelligence Act; Cashless Economy Act; Commercial Credit Economy and Registry Act; Land and Corporate Registries Reform and Transparency Act; National Budget Act, among others.

    He said: “Without these and other supportive legislative instruments, the fight against corruption may not be sustainable in the long run.

    “While jailing corrupt people may be salacious and newsworthy in the short run, only a detailed and systematic reform of the society by consistently targeting the proceeds of crime and creating technologically-driven transparency and accountability system can counter the onslaught of treasury looters and political money bags in the long run.”

    Akinseye-George stressed the need for the Executive to “endeavour to secure a more cordial and productive working relationship with the National Assembly, without compromising the independence of each arm of the government.”

    He attributed the successes recorded in the prosecution of criminal cases involving prominent Nigerians to the ACJ Act, which he noted, has helped to end interlocutory injunctions, which had, for many years, stalled high profile corruption cases.

    On how to further derive the benefits inherent in the ACJA, Akinseye-Gorge urged the government to include, in the proposed constitutional amendments, all provisions targeted at minimising the abuse of interlocutory applications.

    He hailed some state governments that have taken the initiative to replicate the ACJA in their domain, but advised others yet to domesticate the law to urgently do so in view of its immense benefits.

    Akinseye-George expressed his preference for the creation of special courts to handle corruption cases, but said such arrangement must exist within the existing court system. He added that the prosecuting agencies and the court will function effectively where they are well funded and equipped.

    “The experiment with the specialised courts can then be replicated and extended to other courts over time, so that the efficiency and dynamism of the judicial system will improve generally.

    “This will boost commerce as investors will feel more confident to invest in the Nigerian economy. This is the nexus between the justice system and the Economic Recovery and Growth Plan (ERGP) of the Federal Government,” he said.

  • Soyinka wants EFCC to prosecute opposers of anti-graft war

    Soyinka wants EFCC to prosecute opposers of anti-graft war

    Nobel laureate Prof Wole Soyinka, yesterday in Lagos, called for the prosecution of those he described as detractors in the fight against corruption in the country.

    He made the call at the opening of his Vision of the Child Art Exhibition, 2017 edition, at Freedom Park, Lagos with the theme: Enhance the Heritage; Advance the Future, in celebrating Lagos at 50.

    He said that most times, the anti-corruption agency was sent on the wrong track or wild goose chase, resulting to no prosecution.

    “When we talk about corruption, is it not time we legislate against detractors, who deliberately create distraction. Say for instance, the money just found in Lagos.

    ”One governor claimed that the money belongs to his state government, claiming a proceed from the sale of some turbines and so on.

    ”It is a criminal act of distraction. He knew very well that he was lying, that the money was not his, but belongs to someone else.

    ”Obviously, acting in the interest of those accused of corruption that to me, is connivance and collaboration with corrupt people.

    ”I think such people should be criminalised by the Economic and Financial Crimes Commission (EFCC),” he said.

    Soyinka, who commended the art works of the children, expressed the hope that with children exposing the corruption acts of the adults Nigeria would be in for better days.

    The Acting Chairman of EFCC, Mr Ibrahim Magu, said the commission’s operation was not limited to investigation and prosecution of offenders, but also to enlighten the public on the dangers of corruption.

    He said the painting exhibition was one way to educate and enlighten people about corruption, stressing that the paintings exposed some ways in which adults were involved in corrupt practices.

    “My views of the Nigerian child, from the across the plains, the hills, the forests and the swamps of Nigeria are those of innocence and boundless creativity.

    ”However, like most of the older generation, many of our youths seem also to be trapped in cocoons of corruption, which we have built around them.

    “However, Professor Soyinka’s “Vision of the Child” project and the sheer breadth and depth of these paintings by these youngsters, demonstrate very well that our children have an acute awareness of what is going on around them and are breaking free of the shackles of corruption.

    “They also show the determination of the younger generation for their voices to be heard. The uncomfortable questions they are asking us are; how and why did we allow this beautiful country to be turned into the cesspit of corruption?

    “These paintings speak to all strata of our society and to every flank of the war against corruption and the common message I see running through all of them is: we will never give up on the ideals of a just and equitable society.

    “The vision I see so eloquently expressed in these wonderful pieces of art is that of the irrepressible Nigerian spirit, refusing to be put down and reaching out for the Nigeria of our collective dreams: the Nigeria where our commonwealth is used for our common good and not looted by a few greedy, self-centred lot.

    “I can confirm to you that corruption is already fighting back. But, even though massive resources have been deployed to fight back at EFCC, we draw strength and encouragement to carry on from the likes of these children and Prof Wole Soyinka.

    ”We draw the courage to soldier on from millions of ordinary Nigerians whose desires are for equity and social justice,” he said.

    Magu said that the EFCC was not personal in the discharge of its mandate; stressing that its personnel only fear God, with the guiding principles by the Rule of Law and the overriding interest of the country.

    According to the News Agency of Nigeria, 38 students selected from different schools, participated in literary and painting works at the exhibition.

     

  • APC: Fayose’s attacks can’t stop Buhari’s anti-graft war

    APC: Fayose’s attacks can’t stop Buhari’s anti-graft war

    The Ekiti State chapter of the All Progressives Congress (APC) has said Governor Ayo Fayose’s “lies, blackmail, ranting and attacks” against President Muhammadu Buhari cannot stop the current anti-corruption crusade that has been yielding results.
    The party said it supported Mr President’s efforts to ensure that looted funds and the commonwealth of Nigerians were recovered and culprits punished in accordance with the laws of the land.
    Ekiti APC Deputy Chairman, Mrs. Kemisola Olaleye, spoke yesterday while receiving about 8,000 bags of rice and other gifts donated to party members by a governorship aspirant, Kayode Ojo.
    The aspirant was represented by his campaign coordinators, Richard Apolola (Ekiti South); Sunday Ibitoye (Ekiti Central) and Kayode Adetifa (Ekiti South) at the ceremony held at the party’s secretariat in Ado-Ekiti, the state capital.
    Mrs. Olaleye was reacting to Fayose’s allegation that senior APC chieftains in the Buhari administration were hiding their looted billions in Aso Rock Villa.
    The governor accused the President of giving protecting such looters because they were the “sponsors” of his election campaign in 2015.
    But Mrs. Olaleye said: “Ordinarily, I would not have dignified Governor Fayose with a response, but for the purpose of clarity his noise was targeted at derailing the war against corruption.
    “How could Fayose accuse anybody of corruption? In Ekiti State, he is the Finance Commissioner, the Accountant-General. In fact, he is acting like all-in-all. He is corrupt himself and afraid of being dealt with after leaving office; hence, his resort to blackmail and diversionary tactics.
    “We are solidly behind President Buhari’s government in his war against corruption. Nothing can derail our fight against corruption because we are determined to deal with corruption squarely. So, this is just a noise to distract President Buhari.”

  • Senate, Magu and anti-graft war

    Senate, Magu and anti-graft war

    The ruling All Progressives Congress (APC) could not have asked for more. With a majority in the National Assembly, getting what it wants from the legislature should not be a problem. So, many thought. But rather than work together, the Presidency and the Senate, especially, have been working at cross-purposes. 12 of the 109-member Senate are either being tried or investigated by the Economic and Financial Crimes Commission (EFCC) and other anti-graft agencies. Senate President Bukola Saraki is being tried by the Code of Conduct Tribunal (CCT) for alleged false assets declaration. The Senate’s rejection of Ibrahim Magu as EFCC Chairman, for the second time last month, has raised a question of how fair the upper chamber was to him. Can the Senate be trusted to help President Muhammadu Buhari in the ongoing anti-corruption war? ERIC IKHILAE sought lawyers’ views.

    ALMOST two years in the saddle, the Muhammadu Buhari-led government, whose policy thrust is anchored on the elimination of corruption has yet to make major breakthroughs and many are blaming the Senate for this.

    The government is finding it difficult to establish a robust legal framework to drive its anti-corruption efforts. Today, many bills sent to the Senate in this regard have been left unattended to.

    The executive resorted to an administrative policy when the Senate did not pass the Whistle-Blowing Bill, intended to provide legal backing for whistle-blowers and also protect them.

    Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Malami (SAN), in a television programme, expressed the executive’s frustration with the Legislature’s posture.

    Malami said the National Assembly’s failure to pass the Proceed of Crime Act (POCA) Bill pending before it accounts for the Federal Government’s inability to establish a body to manage recovered assets. He said: “If Proceed of Crimes Act had been promulgated, we would have had in place an agency that would formulate policy on the management of recovered loot”.

    There are many other similar bills pending before the Senate, some of which are the Mutual Legal Assistance in Criminal Matters Bill and Money Laundering (Prohibition and Prevention) Bill.

    To many, the Senate’s posture did not come as a surprise, because it has from inception, evinced traits that portray it as an institution averse to the Buhari government’s anti-corruption policy.

    This school of thought is quick to cite the Senate’s amendment of the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT) Act amid the trial of its president Bukola Saraki.

    By the amendment, the Senate sought to subject the CCB/CCT to the control of the legislature and not of the Executive.

    The Senate ignored the agitation of all, including the CCT and the Judiciary, that, for effectiveness and independence, the CCT, in particular, must be severed from the executive and retained with the Judiciary.

    They also cited the Senate’s refusal to confirm the nomination of Ibrahim Magu as Economic and Financial Crimes Commission (EFCC) Chairman as another proof that it is working against the government.

    The Senate, observers noted, crossed the line, when its members asked the Federal Government to discontinue Saraki’s trial before the CCT, as a condition for it’s support for the government’s policies, including the war against corruption.

     

    How we got here

    Watchers believe that two factors are responsible for all this. First, they noted, was the process leading to the emergence of the Senate leadership. Second is the composition of the Senate.

    They argued that President Buhari’s seeming lack of interest in the choice of leadership of the Senate accounts for why the legislature and the executive now appear to be working apart.

    According to observers, the president should from the onset have shown interest in who leads the Senate, to ensure the success of the anti-corruption war.

    It may be difficult getting the Senate to key into the war because some of its members are either being tried or investigated for alleged corruption.

     

    Senators on trial or under probe for alleged corruption

    Investigation by The Nation revealed that major players in the 8th Senate are either being tried or investigated for corruption-related offences.

    Some of these senators were named in a suit marked: FHC/ABJ/CS/102/2017 instituted at the Federal High Court, Abuja by businessman, Raji Oyewumi. According to Oyewunmi, they include the following:

    Saraki

    Oyewumi in a supporting affidavit, noted that Senate President Dr Bukola Saraki is being tried before the CCT on false assets declaration charges,

    Godswill Akpabio

    Senator Godswill Akpabio is being investigated on allegations of diversion and embezzlement of public funds while in office as Akwa Ibom State governor.

    Aliyu Wammako

    Senator Aliyu Wammako, he said, is being investigated by the EFCC in relation to alleged abuse of office, misappropriation of public funds and money laundering while in office as Sokoto State governor.

    Danjuma Goje

    Senator Danjuma Goje, a former governor of Gombe State, Oyewumi noted, is being tried by the EFCC for charges relating to corrupt practices and money laundering before a Federal High Court in Gombe, in a charge marked: FHC/GM/CR/33C)2011.

    Joshua Dariye

    Senator Joshua Dariye, Oyewumi said, is being tried by the EFCC on a charge marked: FCT/HC/81/2007 before Justice Bukola Banjoko of the High Court of the Federal Capital Territory (FCT) in Gudu. He is accused of embezzling public funds while in office as Plateau State governor.

    Adamu Abdullahi

    Senator Adamu Abdullahi, Oyewumi noted, is being prosecuted in charge No: FHC/LF/CR/8/2010 before the Federal High Court in Lafia, for alleged corrupt practices offences while in office as governor of Nasarawa State.

    Abdul-Aziz Nyako

    Senator Abdul-Aziz Nyako is being tried before the Federal High Court, Abuja, with his father, Murtala Nyako (a former governor of Adamawa State) on a 37-count charge of criminal conspiracy, stealing, abuse of office and money laundering to the tune of N29b.

    Jonah Jang

    Senator Jonah Jang, according to Oyewumi, is being investigated by the EFCC in relation to his activities as governor of Plateau State, particularly his handling of N2billion Small and Medium Enterprises (SME) loan given to the state by the Central Bank of Nigeria (CBN).

    Rabiu Kwankwaso

    Senator Rabiu Kwankwaso, Oyewumi noted, is being prosecuted by the EFCC on charges related to abuse of office and misappropriation of public funds during his tenure as governor of Kano State.

    Stella Oduah

    Senator Stella Oduah, he stated, is being investigated by the EFCC for a contract awarded while she was Aviation Minister to I-SEC Securities Nigeria Ltd, where public funds were allegedly diverted, according to a petition by Ken Asogwa.

    In October last year, Justice Adamu Kafarati of the Federal High Court, Abuja rejected Oduah’s prayer for among others, an order restraining the EFCC and other investigative agencies from arresting and prosecuting her over the controversial purchase of two armoured BMW vehicles at the cost of N255 million by the Nigerian Civil Aviation Authority (NCC) under her watch as the Aviation Minister in 2013.

    Theodore Orji

    Senator Theodore Orji is, according to Oyewumi, is being investigated by the EFCC in relation to the alleged misappropriation of public funds while he served as Abia State governor, including the N2 billion SME loan from CBN, as contained in a petition  of a group, Save Abia Initiative for Change.

    Ahmed Sani

    Senator Ahmed Sani, Oyewumi stated, is being investigated by the EFCC in relation to allegations of abuse of office and misappropriation of public funds while in office as Zamfara State governor.

    Beyond the question marks sorrounding the financial dealings of these lawmakers in those transactions, observers argued that the 8th Senate, since its inauguration in 2015, can hardly be associated with any noble deed.

    They noted that with the Senate, it has been one scandal or the other. The latest of such scandals, observers said, is the alleged importation of a bullet proof Sport Utility Vehicle (SUV) for the Senate President with forged documents.

    Lawyers, including Wahab Shittu, Abubakar Sani, Tosin Ojaomo, Dan Ikechukwu are worried by the Senate’s posture to the government’s anti-corruption efforts, particularly in relation to Magu’s confirmation.

     

    Senate, Magu and the courts

     

    At the last count, about three cases have been filed, challenging the Senate’s handling of the confirmation of Magu.

    In his suit marked: FHC/ABJ/CS/59/2017 filed on January 24, 2017 Ojaomo is contending, in the main, that the Senate President (by extension, the Senate) is without the powers to reject a nomination made by the President under Section 2(3) of the EFCC Act 2004.

    Ojaomo said his suit is intended mainly to shed light on the actual role of the Senate in the confirmation of a person appointed by the President as EFCC Chairman, argued that the Senate exceeded its powers when it rejected Magu’s appointment.

    “The only ground on which the Senate can reject a person appearing before it is when the person is nominated and recommended to the Senate for screening, vetting and subsequent confirmation, like a ministerial nominee.

    “In the instant case, the Senate is to confirm the qualification of the appointee as sent by the President. And, where the Senate is of the view that it requires additional information in accordance with the statutory requirements stipulated by the Act, with respect to the qualification of the appointee, it can refer to the President for further clarification, but not to reject a statutory appointment validly made by the President.

    “The role of the Senate in the confirmation of the appointment of a Chairman validly appointed by the President for the EFCC, according to the Act that created the commission, is to ensure that the requirements stipulated in Section 2(1)(a)(i)(ii)(iii) of the Act are duly complied with by the President in making the appointment,” Ojaomo said.

    The Act, in Section 2(1)(a) (i)(ii)(iii), provides: (I) The Commission shall consist of the following members (a) a Chairman, who shall (i) be the chief executive and accounting officer of the Commission; (ii) be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent; and (iii) possess not less than 15 years’ cognate experience.

    Ojaomo argued that, where the necessary requirements were complied with, “the Senate is statute barred from rejecting the nominee for the office of the Chairman of the EFCC in the said Act or any law.”

    He contended that the Senate erred in law when it held a plenary session and decided to reject a valid nomination made by the President pursuant to his powers under a valid law.

    Ojaomo added that it was only the President that could decide who to appoint as the EFCC Chairman and not the Senate.

    He argued that, the President, having exercised his powers under the EFCC Act to appoint a qualified person for the office of the EFCC Chairman, in compliance with the provisions in sections 2(1)(a)(i)(ii)(iii) and 2(3) of the Act, the Senate has no further say on the choice of a person so appointed.

    Ojaomo wants the court to declare that the Senate has confirmed Magu’s appointment in accordance with the provisions of the EFCC Act 2004. He also seeks a declaration that the Senate lacks the statutory power to reject Magu’s appointment as the EFCC Chairman.

    He also wants an order, activating its statutory powers for the interpretation of the provisions of sections 2(1)(a)(i)(ii)(iii) and 2(3) of the EFCC Act in relation to appointment of EFCC Chairman and Senate’s confirmation of such appointment, within the dictates of the law.

    Infuriated by the Senate’s handling of Magu’ case  case, Abuja-based lawyer, Abubakar Sani has asked the Federal High Court to nullify the provision under Section 2(3) of the Economic and Financial Crimes Commission (EFCC) Act subjecting the nomination of the President for the Chairman of the EFCC to the confirmation of the Senate.

    In his suit marked: FHC/ABJ/CS/278/2017, filed on April 4, 2017 in Abuja, Sani wants the court to declare that, to the extent that Section 2(3) of the EFCC Act purports to subject the appointment of the EFCC Chair, by the President, to the confirmation of the Senate, the provision in the EFFC Act is ultra vires and invalid, on the ground that it is inconsistent with the spirit and intendment of the Constitution in Section 216 (2).

    Sani argued that the intention of the provision of Section 216(2) of the Constitution was to give the President a free hand in appointing the heads of law enforcement agencies, without such appointment being subject to confirmation by any person/authority.

    Oyewumi, in his suit filed on February 13, queried the moral standing of Saraki and other senators being investigated and tried for alleged corruption related offences as it relates to issues concerning the decision on whether or not to confirm Magu.

    The plaintiff’s contention is that, since the Senators are either being tried or investigated for economic and financial crimes by the EFCC, Magu will not be afforded fair hearing by the Senate.

    Shittu, a legal practitioner and Law teacher at the University of Lagos, noted that although the senators being investigated and prosecuted are presumed innocent until the contrary is proved, it is naturally impossible for Magu to receive fair hearing before the Senate headed by Saraki and composed of others being similarly tried and investigated.

    The solution

    A lawyer, Joel Chukwuma, argued that President Buhari possesses the capacity to overcome the challenge currently posed by the Senate to the success of his anti -graft war.

    “If the President is serious about achieving success in his fight against corruption, he needs to act. He cannot just sit there and pretend things will fall in place. In politics, particularly under our clime where it is seen as a game of life and death, things do not fall in place on their own.

    “Honestly, I am disappointed in the turn of events. It betrays the president’s political naivety. How did President Buhari expect a Senate, led by someone (whose name is associated in almost everything negative) and populated by individuals (who are either being probed or prosecuted) to support him in fighting corruption?

    “It is either the President learn to act appropriately, by taking the necessary measures, which I believe he knows, or we forget about the ant-graft war,” Chulwuma said.

  • Stakeholders advocate Bar, Bench collaboration in anti-graft war

    Chief Judge of Lagos State, Justice Olufunmilayo Atilade and Lagos State University (LASU) Vice Chancellor Prof Olanrewaju Fagbohun have urged lawyers to support all rules that would help the courts succeed in fighting corruption.

    They spoke at the Asiwaju Babatunde Olusola Benson (SAN) annual public lecture titled: Combating Corruption in a Recession: The Transformative Role of the Bar and the Bench, organised as part of the activities marking the Nigerian Bar Association (NBA) Ikorodu Law Week.

    Fagbohun, who was the guest lecturer at the event, said the crisis of corruption would become more pervasive as long as the bench and the bar continue to come up short in their response to the vice.

    “If the bench and the bar are indeed responsive, they can effectively serve to keep corrupt activities, particularly as it concerns public officers and public institutions, in check”, he said.

    The erudite professor, who is also the Vice Chancellor of the Lagos state University (LASU), urged the bar and the bench to embrace global best practices to fight the negative impact of corruption in the country.

    He lamented public dissatisfaction with the country’s judicial system unlike the situation in developed jurisdictions where courts are among trusted government institutions.

    He regretted that aside from the challenge of delayed justice, the judiciary is enmeshed in controversies of corruption involving both the bar and the bench.

    He admonished the bar and the bench to exhibit preference for an efficient judiciary if the status quo is not to persist.

    The Chief Judge of Lagos State, Justice Olufunmilayo Atilade in an opening remarks also urged members of the legal profession to embrace the fight against corruption.

    The chief judge who was represented by Justice Oke Lawal said, “everybody should play a part in fighting corruption so that we can make Nigeria a noble country. This way, Nigeria can take her pride of place in the comity of nations”.

    Justice Lateef Akapo-Lawal, aligning with the chief judge advised the bar to stop interfering in the work of the bench.

    He said lawyers should be allowed to do their work the way they understood it for a better judiciary.

    In his welcome address, the chairman, NBA Ikorodu, Mr Levi Adikwaone remarked that corruption has become endemic in the country and urged lawyers to play their role in stemming the trend.

  • Osinbajo, Malami, Magu, DSS move to save anti-graft war

    Osinbajo, Malami, Magu, DSS move to save anti-graft war

    • FG seeks water-tight prosecution of corrupt elements
    • Fresh prosecution strategy adopted

    The Federal Government has gone back to the drawing board to re-strategize on its prosecution of corruption-related cases.

    This followed its recent losses, one after the other, of four high profile corruption-related cases in court.

    First was the unfreezing, on the order of a Federal High Court, Lagos, of the account of Lagos lawyer Mike Ozekhome (SAN),  which is said to hold a sum of N75million professional fee paid to him by Governor Ayo Fayose of Ekiti State.

    The Economic and Financial Crimes Commission (EFCC) had alleged that the money was proceeds of corruption.

    Next was the discharge and acquittal of Justice Adeniyi Ademola and his wife of charges of corruption and possession of firearms filed against them.

    The initial forfeiture of a sum of $5m found in an account of former First Lady, Dame Patience Jonathan was similarly reversed on the order of another court, while the Minister of Niger Delta in the Jonathan administration, Elder Godsday Orubebe was also discharged and acquitted after Abubakar Malami, the Attorney General of the federation, told the   Independent Corrupt Practices and Other Related Offences Commission (ICPC) that the case filed against the former minister did not exist.

    The ICPC had accused him of diverting N1.97 billion meant for the compensation of owners of property on the Eket Urban section of the East-West road in Eket, Akwa Ibom State.

    It was gathered that government was shocked by the development which it perceived as a terrible blow to its anti-corruption crusade.

    Vice President Yemi Osinbajo at the weekend met with the Attorney-General of the Federation, Mallam Abubakar Malami and heads of other prosecuting agencies on the situation.

    These are the Director-General of the Department of State Security Service (DSS), Mr. Lawan Daura, Acting Chairman of EFCC, Mr. Ibrahim Magu, Chairman, Code of Conduct Bureau (CCB), Mr. Sam Saba.

    Although the Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Mr. Ekpo Nta was away on official assignment, the agency was represented.

    Osinbajo directed the agencies to henceforth ensure a water-tight prosecution of corruption suspects.

    He also asked the heads of the agencies to cooperate with the bench in handling all such matters.

    Government, sources said, was disturbed that vital cases were lost on technical grounds to some suspects.

    A highly-placed source said: “Losing four or five high profile cases in quick succession was seen as a setback for the anti-graft war.

    “As a Professor of Law of Evidence, Osinbajo had a review session with all the heads of prosecuting agencies on what technically went wrong on some of these cases.

    “Although the government has filed appeal on the rulings of the affected courts, the VP stepped in to arrest the slide.

    “The heads of the agencies have been directed to ensure diligent investigation, water-tight prosecution and place sufficient evidence before the court.

    “All constraints affecting the legal team will be addressed accordingly.”

    Responding to a question, the source added: “The VP asked the agencies to collaborate among themselves instead of petty rivalry.

    “He also told them to cooperate with the bench on all matters before the court.”

    A top source said: “The presidency will now take more than a passing interest in all anti-graft cases. There will be effective monitoring and constant review.

    “Save the case of former Minister of Niger Delta Affairs, Mr. Godsday Orubebe, the government will file appeal against most of the rulings of the court on the lost cases.”

  • NNPC intensifies anti-corruption drive

    NNPC intensifies anti-corruption drive

    The Nigerian National Petroleum Corporation (NNPC) has pledged to strengthen the anti-graft war across its value chain to ensure efficiency and optimization of resources.

    NNPC GMD, Dr. Baru, said as an anti-corruption minded entity, the NNPC had meted out appropriate sanctions against staff found to have flouted established process and procedures.

    Baru stated this Thursday in Abuja while receiving the management of the Anti-Corruption Academy of Nigeria (ACAN), the research and training arm of the Independent Corrupt Practices and other Related Offences Tribunal, ICPC, stressing that NNPC would work with the Anti-Corruption Academy to sustain its age-long tradition in this regard.

    “We have meted out quite heavy penalties and we were also able to retire staff who flouted our process,’’ he said.

    Emphasizing the Corporation’s antecedent in the ant-graft campaign in the early twenties when he was Chairman of the NNPC Anti-corruption Committee, Dr. Baru noted that as an organization with similar aspiration as ACAN, the Corporation was open to a workable and harmonious relationship based on shared values and commitment.

    He said: “NNPC was the first agency of government to form an in-house anti-corruption committee soon after the proclamation of the ICPC Act. This action showed our commitment to transparency and openness in all what we do and it also showed our zeal to ensure our staff imbibed the culture of fighting corruption.”

    The GMD said currently the Corporation’s anti-corruption posture had been accentuated with the monthly publication of NNPC financial and operational report on national newspapers, online news portals as well as on the NNPC website.

    He explained that the principle of corporate governance has been stretched a notch higher with prompt remittances of oil and gas revenue into the Federation Account while it is also a matter of public knowledge that the Corporation has embraced fully the practice of conducting open public bid exercises in sourcing service providers and suppliers for day to day operational requirements.

    Dr. Baru said these open bid exercises were usually covered live by major television networks in the full glare of representatives of the bidding companies with officials of the Department of Petroleum Resources, DPR, Nigerian Extractive Industries Transparency Initiative, NEITI, Nigerian Content Development and Monitoring Board, NDCMB as well as members of the civil society organisations in attendance as independent assessors.

    The GMD noted that the NNPC was undergoing reforms anchored on the full activation of the 12 Business Focus Areas, BUFA, with the cardinal philosophy of engendering an efficient first class oil and gas entity with clear–eyed gaze at transparency and accountability.

    Similar sentiment was expressed by Prof. Sola Akinrinade, Provost of the Academy who indicated the readiness of ACAN to help the Corporation boost its anti-corruption quotient with apt capacity building sessions for staff and management in the subject of anti-corruption.

     

  • How to win anti-graft war, by Razak

    How to win anti-graft war, by Razak

    Chief Lanre Razak is a former Commissioner for Transport in Lagos State and a chieftain of the ruling All Progressives Congress (APC). He spoke with reporters on the Federal Government’s anti-graft war, the whistle blowing policy and other issues. Excerpts:

    What is your view about the Federal Government’s whistle-blowing policy?
    It is a policy based on very reasonable and sound decision, which will continue to yield dividend. I am happy it is yielding bumper dividend. Take the level of poverty that most Nigerians are going through today and one of our former public officials like a former Group Managing Director, GMD of the Nigerian National Petroleum Corporation (NNPC), Mr. Andrew Yakubu, could put some $9.7 million cash in a cage somewhere and a total whopping US$151 million and N8 billion have been recovered in less than two months by the Federal Government. And the recovery is part of the money the Central Bank of Nigeria, CBN has been saying is circulating in the economy and will be mopping the currency, thereby making us poorer than what we are, whereas that money was locked up somewhere. It is a serious offence that should attract maximum sanction. What do they need such volume of money for? They have forgotten that, whether they like it or not, all of them are going to pass away and they don’t need that kind of money. If they leave it for their children, they will destroy themselves with the money, may be they don’t know. I want to thank President Muhammadu Buhari for taking the tough decision and I want to salute his courage and the administration for pursuing that programme. Nigerians should embrace this policy and sincerely I believe that it will save Nigeria from a lot of financial hardship
    But, some people have argued that the country needed a law to protect the whistle blower. Do you support such view?
    The proposed law they are advocating how far can it go? May be you are asking the officers and men of the Nigeria Police Force to change their mind about giving protection to lives and property of citizens. Are there no legislations that the first responsibility of any government in the country is the safety of lives and property of citizens? Is that not sufficient? What type of new law are they advocating? The preamble to the 1999 Constitution of the Federal Republic of Nigeria as amended is very clear about this. Nigerians must change their attitude. As long as we praise sing those with ill-gotten money, people we don’t know the source of their wealth Nigeria is in deep trouble. We’ve lost our core values and that is where we should go back to. It is not issue of new legislation alone. Is there no provision in the constitution that protects lives and property, most especially somebody who has saved Nigeria by giving vital information that made it possible to recover looted fund? If they want a new legislation for the policy to work better, so be it. but, I know that there is a legislation already that government should protect lives and property. The ministry of justice should insulate those who are useful to them in the process of whistle blowing. And it is the same government that can expose them so that their lives will be in jeopardy and I am totally against that. As long as they don’t do that, I think it is better.
    On change in values, do you think the religious bodies and the governments are doing enough for Nigerians to recover our lost core values like fear of God, honesty, hard work and others?
    They are not. Take it that, if you steal money today and you take it to the church, the members will clap for you. Automatically, you become a big man in the church. Also, if you steal money and you take it to the mosque, you will be given a chieftaincy title in the mosque. Besides, not all tiers of government have fully embraced the anti-graft war, but perhaps President Buhari’s whistle blowing policy coupled with the efforts of the EFCC and the ICPC against corruption will eliminate such worship of money. Nigerians may also begin to learn some lessons from those who steal public funds. forfeit such loot to government and become poor again. Severe sanctions by government should also serve as a deterrent to those who want to commit evil. That is the only way out.
    Should the Senate confirm the appointment of Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission (EFCC), in spite of the corruption allegation levelled against him?
    Magu has done a lot of work fighting corruption in the country. And probably some people think they want to bring him down for doing his job well because I have not seen sufficient evidence or information beyond reasonable doubt to convince me that Magu is corrupt. And Mr. President had said it severally that ‘let me see those things that you are saying in clear terms and not going behind the door that somebody wrote a report like the Department of State Services (DSS) did’. Let the report be made public, throw it to the public domain and let the people make informed decision. Those who are afraid of Magu and don’t want him to deal with them may want to take advantage of the DSS report that purportedly indicted Magu. If you consider the worth of what Magu has done on corruption within a short time, it will be wrong to sack him just like that and it will discourage those who are committed and want to serve the Federal Government sincerely and honestly. I don’t see anything wrong with the Senate confirmation of Magu because he is doing a good job. I am appealing to the Senate to confirm his appointment as chairman of the EFCC and encourage him to do the job as his ability permits.
    Governor Akinwunmi Ambode of Lagos State has hinted of his administration’s intention to deliver 3000 megawatts of electricity in seven years. Is this achievable considering that power is still in the exclusive list in the constitution which is a responsibility of the Federal Government?
    I believe he can do it because of the love that Governor Ambode has for the people of Lagos, his love for humanity and desire to deliver good dividends of democracy to the people which I consider to be his driving spirit. But Nigerians are wonderful people. Former Governor Asiwaju Bola Tinubu had brought in ENRON during his tenure to generate and boost electricity supply to Lagosians. The company was generating power, but how did it end up? Those who didn’t want this to happen destroyed it. What the National Assembly members should do as true representatives of the people is to remove electricity from the exclusive legislative list and put it in the concurrent list so that each state can go ahead to generate and distribute power to her citizens. Lagos is a very key and strategic state in Nigeria and we should be allowed to generate and distribute power.

  • How to win anti-graft war, by Razak

    How to win anti-graft war, by Razak

    Chief Lanre Razak is a former Commissioner for Transport in Lagos State and a chieftain of the ruling All Progressives Congress (APC). He spoke with reporters on the Federal Government’s anti-graft war, the whistle blowing policy and other issues. Excerpts:

    What is your view about the Federal Government’s whistle-blowing policy?

    It is a policy based on very reasonable and sound decision, which will continue to yield dividend. I am happy it is yielding bumper dividend. Take the level of poverty that most Nigerians are going through today and one of our former public officials like a former Group Managing Director, GMD of the Nigerian National Petroleum Corporation, NNPC, Mr. Andrew Yakubu, could put some $9.7 million cash in a cage somewhere and a total whopping US$151 million and N8 billion have been recovered in less than two months by the Federal Government. And the recovery is part of the money the Central Bank of Nigeria, CBN has been saying is circulating in the economy and will be mopping the currency, thereby making us poorer than what we are, whereas that money was locked up somewhere. It is a serious offence that should attract maximum sanction. What do they need such volume of money for? They have forgotten that, whether they like it or not, all of them are going to pass away and they don’t need that kind of money. If they leave it for their children, they will destroy themselves with the money, may be they don’t know. I want to thank President Muhammadu Buhari for taking the tough decision and I want to salute his courage and the administration for pursuing that programme. Nigerians should embrace this policy and sincerely I believe that it will save Nigeria from a lot of financial hardship

    But, some people have argued that the country needed a law to protect the whistle blower. Do you support such view?

    The proposed law they are advocating how far can it go? May be you are asking the officers and men of the Nigeria Police Force to change their mind about giving protection to lives and property of citizens. Are there no legislations that the first responsibility of any government in the country is the safety of lives and property of citizens? Is that not sufficient? What type of new law are they advocating? The preamble to the 1999 Constitution of the Federal Republic of Nigeria as amended is very clear about this. Nigerians must change their attitude. As long as we praise sing those with ill-gotten money, people we don’t know the source of their wealth Nigeria is in deep trouble. We’ve lost our core values and that is where we should go back to. It is not issue of new legislation alone. Is there no provision in the constitution that protects lives and property, most especially somebody who has saved Nigeria by giving vital information that made it possible to recover looted fund? If they want a new legislation for the policy to work better, so be it. but, I know that there is a legislation already that government should protect lives and property. The ministry of justice should insulate those who are useful to them in the process of whistle blowing. And it is the same government that can expose them so that their lives will be in jeopardy and I am totally against that. As long as they don’t do that, I think it is better.

    On change in values, do you think the religious bodies and the governments are doing enough for Nigerians to recover our lost core values like fear of God, honesty, hard work and others?

    They are not. Take it that, if you steal money today and you take it to the church, the members will clap for you. Automatically, you become a big man in the church. Also, if you steal money and you take it to the mosque, you will be given a chieftaincy title in the mosque. Besides, not all tiers of government have fully embraced the anti-graft war, but perhaps President Buhari’s whistle blowing policy coupled with the efforts of the EFCC and the ICPC against corruption will eliminate such worship of money. Nigerians may also begin to learn some lessons from those who steal public funds. forfeit such loot to government and become poor again. Severe sanctions by government should also serve as a deterrent to those who want to commit evil. That is the only way out.

    Should the Senate confirm the appointment of Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission (EFCC), in spite of the corruption allegation leveled against him?

    Magu has done a lot of work fighting corruption in the country. And probably some people think they want to bring him down for doing his job well because I have not seen sufficient evidence or information beyond reasonable doubt to convince me that Magu is corrupt. And Mr. President had said it severally that ‘let me see those things that you are saying in clear terms and not going behind the door that somebody wrote a report like the Department of State Services (DSS) did’. Let the report be made public, throw it to the public domain and let the people make informed decision. Those who are afraid of Magu and don’t want him to deal with them may want to take advantage of the DSS report that purportedly indicted Magu. If you consider the worth of what Magu has done on corruption within a short time, it will be wrong to sack him just like that and it will discourage those who are committed and want to serve the Federal Government sincerely and honestly. I don’t see anything wrong with the Senate confirmation of Magu because he is doing a good job. I am appealing to the Senate to confirm his appointment as chairman of the EFCC and encourage him to do the job as his ability permits.

    Governor Akinwunmi Ambode of Lagos state has hinted of his administration’s intention to deliver 3000 megawatts of electricity in seven years. Is this achievable considering that power is still in the exclusive list in the constitution which is a responsibility of the Federal Government?

    I believe he can do it because of the love that Governor Ambode has for the people of Lagos, his love for humanity and desire to deliver good dividends of democracy to the people which I consider to be his driving spirit. But Nigerians are wonderful people. Former Governor Asiwaju Bola Tinubu had brought in ENRON during his tenure to generate and boost electricity supply to Lagosians. The company was generating power, but how did it end up? Those who didn’t want this to happen destroyed it. What the National Assembly members should do as true representatives of the people is to remove electricity from the exclusive legislative list and put it in the concurrent list so that each state can go ahead to generate and distribute power to her citizens. Lagos is a very key and strategic state in Nigeria and we should be allowed to generate and distribute power.