The Nation Newspaper

Tag: Anti-graft

‘Anti-graft war brings hope’

A Don and head of the Mass Communication Department of the Imo State University, Prof Victor Kogah has said President Muhammadu Buhari’s anti-corruption fight will brighten Nigeria’s growth prospects.

He said the anti-corruption campaign would raise the country’s integrity rating before the international community.

“Today, it is easy for the international community to do business with Nigeria without fear. His anti-corruption war would raise the integrity rating of Nigeria before the international community.

“President Buhari’s anti-corruption stance has instilled fear in Nigerians and many are afraid to offer or collect bribe. Even the ministerial nominees are already aware of Mr. President’s zero tolerance for corruption and that it would no longer be business as usual.”

He noted that proceeds from the anti-graft war would be ploughed back to strenghten Nigeria’s infrastructure needs in the areas of road, electricity and others.

October 19, 2015
Amosun to judges, lawyers: Support anti-graft war

Ogun State Governor Ibikunle Amosun has urged judges and lawyers to support the executive in ensuring the success of the war against corruption.

Amosun, who spoke during a religious service to mark the beginning of the new legal year, said the executive alone cannot successfully pursue the war against graft.

He said the active support of the bar and bench is needed.

The governor assured judicial officers in the state of his administration’s determination to improve on their welfare in order to nip corruption in the bud.

A church service was held at the Cathedral of St. Peters, Ake, while a Moslem service held at the Central Mosque, Kobiti in Abeokuta.

Amosun, while praising the Chief Judge, Justice Olatokunbo Olopade, for the judiciary’s support, said his administration would continue to improve on judicial officers’ welfare despite the current economic situation.

“A lot would be done to improve on the welfare of our judicial officers in the state. Government alone cannot fight corruption to a standstill. We need the active support of the Bar and Bench to nip the cankerworm in the bud.

“There is no better time for you to rededicate yourself than now that the new administration at the Federal level is trying to kill what I call corruption.

“So, we need the judicial staff – both the judges and the lawyers to assist in that process to have a new Nigeria,”the governor said.

Speaking with journalists after the church service, Justice Olopade urged judicial officers to be steadfast in administering justice.

She said they should ensure fairness and equity in the dispensation of justice at all times.

Justice Olopade said the state would embark on renovation of all the courts, provide tools for workers andfocus on measures at decongesting the prisons, such as community service.

Delivering a sermon, the Lord Bishop of Ijebu Southwest, Rev. Babatunde Ogunbanwo said judicial officers should endeavour to administer justice with truthfulness, righteousness and the fear of God.

He added that they should be humble despite the enormous powers they posses.

Prof Hafis Oladosu of the Department of Islamic Studies, University of Ibadan praised the state government for placing Ogun on the path of development.

He urged the governor to complete all on-going projects.

October 6, 2015
Anti-graft war: Standing the test of crime
For 16 years, the People’s Democratic Party (PDP) ruled Nigeria like a party that was principally inspired by the ideology of corruption. Like a disaster destined to happen, the party embarked on a ’voyage of no discovery’ and it was as if the gods were angry! Now, the rest as far as the derailed, tired and expired party is concerned, is history!

Everything considered, the ruling All Progressives Congress, (APC)’s festival of champagne-popping and glasses-clinking is not misplaced even as war on corruption as one of its cardinal promises is not unwelcome. But everything in life has a price attached to it; meaning that for the next four years, APC will be in the eyes of the storm. It also means that the party may choose to make things better or leave the stage even worse. With the former option, President Muhammadu Buhari has got a lot on his plate. He’s got to do a lot within a very short period of four years to bequeath to Nigeria a country that works. So much might have been achieved by the president’s ‘body language’ but, as we know, assumptions don’t count in governance, especially, in a situation where schemers whose corrupted hearts have lost the capacity to cry are not prepared to give up.

In any case, it is music to the ears that the president has promised to wage a real war on corruption that has already driven the country from the position of decency into the abyss of normlessness. But Buhari’s capacity to tame the lion has never been in doubt. He is a man of impressive intellectual gifts, extraordinary moral courage and profound spirituality. As things stand, the president is the symbol of progressive politics in Nigeria. He is the new wine in a change wineskin who comes into presidential office with characteristic modesty, moderation and the primacy of public interest.

In his Goodwill Message to the Second Plenary of the 2015 Catholic Bishops Conference of Nigeria (CBCN), Buhari describes corruption as the ”main reason why a potentially prosperous country struggles to feed itself and provide jobs for millions”. Needless to repeat that corruption is symptomatic of Nigeria’s nationalized malaise and epitomizes with merciless severity, the physical decay and the loss of innocence bedevilling her geo-political, socio-economic and ethno-religious contiguities. It affects our daily lives, lowers compliance, distorts the level-playing field and can affect how we interface with the people. When corruption takes over the affairs of a country, standards get compromised and values become eroded easily; quality of service and infrastructure is reduced and budgetary pressures, both on public and private establishments increase insanely. This monster drains a country’s tank of joy, prevents initiatives, stifles growth, harasses destiny and transports problems to a tomorrow that is even far away.

Corruption is as generic in dimension as it is legion in operations. Civilian sleaze! Spiritual morass! Executive deception! Legislative graft! Electoral treachery! Judicial trickery! There is geriatric corruption (as in government being piloted by old and tired hands); and there is psychological chicanery (like the providentially endowed Niger Delta region where indigenes produce more but eat little). We have monarchical deceit (as in the case of a former president trying to unconstitutionally perpetuate self in power); and there is ethnocentric speciousness. We have professional corruption and there is public service venality. The list is endless!

We can indeed talk nineteen to the dozen at synonymising, synchronizing, replicating, rationalizing, even politicizing meanings, extra-meanings, anti-meanings, or counter-meanings for this cankerworm. The bottom-line is that it is a global disease which dates back to the Adamic Age. Remember Adam and Eve in the Garden of Eden, Abraham and Hagar the Egyptian, Esau and Jacob, David and Bathsheba, Ananias and Sapphira, Sanballat and Tobiah, and Judas, to name but a few.

In 2002, Germany’’s Defence Minister Rudolf Scharping was replaced for taking payments from a Public Relations “consultant with links to the arms industry. In 2004, Alain Juppe, former French Prime Minister, was barred from holding public office for a decade after he was found guilty of corruption. Geoffrey Robinson was suspended for three weeks from the British House of Commons over a £200,000 payment from a company owned by Robert Maxwell, a Labour tycoon. Jacob Zuma did not escape the cruel fangs of this heinous crime.

On the home front, Nigeria, as we speak, competes favorably with less-endowed countries like Guinea and Guinea Bissau on the Corruption Perception Index. Incidentally, she also ranks as one of the eight countries in the world with the highest rate of trafficking. That is why former President Olusegun Obasanjo deserves commendation for his achievements in his anti-corruption campaigns, notable among which was the establishment of the Independent Corrupt Practices Commission, ICPC and the Economic and Financial Crimes Commission, EFCC. But, a more important arm like the Code of Conduct Bureau, CCB, has been in sleeping mode.

Incidentally, the judiciary has become so bastardized that only the rich and the powerful can access justice. The poor and powerless can go to blazes! Have we for once asked why Obasanjo’s ship of anti-corruption war didn’t get to the dock before berthing? As a matter of fact, it is not that Nigerians are sinners or that civilized countries are saints. The difference however rests with the rewards and sanctions. For instance, the way China deals with corruption leaves nobody in doubt as to where the country stands in its anti-corruption war. But, in Nigeria, it is a different ball-game. In the world we live, when a president told a stunned people that he’d not fight corruption by putting the people behind bars, the people could only marvel at their leader being a poor student of history and International Relations.

The onus therefore lies on APC and President Buhari to learn from history and be methodical in preventing Suharto, Marcos and Sese Seko from resurrecting as Nigerians. And, in doing this, that war must be, and seen to be total, not selective. APC must avoid the corruption of “lopsided” appointments but must courageously and creatively identify solutions that reinforce peace and justice. In particular, President Buhari must neither play politics to the detriment of policies nor consider doing the needful as a crime. He should understand that posterity, not any transient powers, will hold him responsible for the success or otherwise of the enormous responsibilities bestowed on him by providence.

As a ’converted democrat’, Buhari may also need to be reminded that a society without values is a sterile society. Put bluntly, one way of measuring the competence of a progressive party is in its serving as an apostle of laughter where sorrow seems prevalent and succour where soreness appears imminent. Unfortunately, however; and sadly so, majority of Nigeria’s political actors are unfeeling in attitude and perfidious in disposition. They are none but mere jutting men camouflaging as democratic heavyweights. They smile with unequalled certitude but revolt inwardly with unenviable exactitude! That has been our lot in Nigeria! Of course, that is why we always gauge the worth of our religious leaders only by the sonorousness of their voices, the flashiness of their cars and the fatness of their bank accounts.

A successful and an effective war on corruption demands sanctions that can serve as deterrents. It demands retraining, retooling and re-kitting of our law officers. It involves a reform and a review of relevant laws which must not see government only barking but also biting. Where the existing laws are weak, let them be strengthened; and where they are currently inactive, let them be activated.
- Komolafe writes from Ijebu-Jesa, Osun State.
September 28, 2015
Lawyers: Courts must join anti-graft war

Few weeks to the start of the 2015/2016 Legal Year, lawyers have set agenda for the judiciary. They argue that it must give fillip to the Buhari administration’s anti-corruption war to make the crusade meaningful. ADEBISI ONANUGA reports.

How will the judiciary fare in the 2015/2016 legal year, which be gins this month? All eyes are on the courts to see how they will deal with corruption cases expected to come before them. It will be the judiciary’s first full legal year under President Muhammadu Buhari. As the last hope of the common man, so much is expected of it.

In the 2014/2015 legal year, there were sundry allegations against the judiciary. Things are expected to be different under the Buhari administration which is waging war against corruption.

At the just concluded 55th Annual General Meeting (AGM) of the Nigerian Bar Association (NBA) in Abuja, President Muhammadu Buhari urged lawyers to back his admistration’s fight against corruption and impunity.

Acknowledging the responsibility of lawyers to defend their clients, he urged them to do so without compromising their ethics and the integrity of the legal system – no matter how lucrative the brief may be.

Buhari urged lawyers to see corruption as a gross violation of people’s rights, stressing that pervasive corruption has continued to deny people access to basic needs.

“For the masses of our people, millions still wallow in want and diseases, corruption is a major reason why they cannot go to school; why they cannot be gainfully employed; and why there are few doctors, nurses and drugs in their hospitals and health centres. It is the reason pensioners are not paid and potable water is scarce.

“Viewed in this way, I think we can all fully appreciate the gravity of this oppressive and destructive evil. This should rouse us to fight it with the same zeal and doggedness as we deploy in the defense of fundamental rights.

“I am convinced that the law, lawmakers, lawyers, law courts and the law enforcement agencies all have pivotal responsibilities to discharge, if the change we seek is ever to materialise,” he said.

Buhari stressed that his administration has taken on the challenge of fighting corruption, saying, “the fight against corruption is in reality a struggle for the restoration of law and order. Corruption and impunity become widespread when disrespect for law is allowed to thrive in the society. Disrespect for law also thrives when people get away with all sorts of shady deals and the court system is somehow unable to check them.

“Ability to manipulate and frustrate the legal system is the crowning glory of the corrupt and, as may be expected, this has left many legal practitioners and law courts tainted in an ugly way,“ he said, adding that it should be the role of legal practitioners to help the country back to the path of rectitude.

Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed said incessant delays in the administration of justice remains a problem.

“Lawyers now insist on pursuing cases and interlocutory appeals based on nebulous points of law, regardless of the length of time or the expense involved in doing so to the detriment of their clients.

“Whilst it must be acknowledged that our judiciary is not perfect, we cannot overlook the role of counsel in facilitating the onset of delay”, he said.

Justice Mohammed noted that delay in most instances are either occasioned by the lack of diligent prosecution of a case, antics of counsel such as the use of interlocutory appeals to stall and frustrate a legitimate expectation of justice, or indolence on the part of some Judges.

“My learned colleagues, this state of affairs cannot be allowed to continue. It is one thing to talk the talk, but I am also determined to walk the talk”, he stressed.

“It is for this reason that, as part of our determined effort to ensure that our Judicial Officers are alert to their responsibilities, the National Judicial Council has constituted an Inspection and Monitoring Committee for on-the–spot assessment of Judicial Officers on duty.

“As we continue to fish out and discipline indolent and lazy judges by showing them the way out of the system, we must also acknowledge and praise those judges that are diligent and hardworking.

To this end, the NJC’s Judicial Officers’ Performance Evaluation Committee has also been strengthened to perform its functions,” the CJN said.

He also said that the reforms recently introduced in the judges’ appointment process was yielding results and will, in no distant future, eliminate indolent and unqualified judges from the Bench.

As the nation gets set to commence the legal year 2015/2016 in a couple of weeks, what especially must the country look forward to in terms of justice delivery?

Are there areas that the National Judicial Council (NJC), judges and lawyers must improve on? What are the expectations from the courts with regard to the current bid to rid the country of corruption?

Expectations

Lawyers believe that there is room for improvement. They note that a lot still needs to be done to make the judiciary truly the last hope of the common man.

Former Chairman of the NBA, Ikeja Branch, Monday Ubani; his successor Yinka Farounbi; a member of Ogun State Judiciary Service Commission, Abayomi Omoyinmi, Lagos lawyer, Yemi Omodele and Emeka Nwadioke, among others, said the judiciary must live up to expectations by helping the Federal Government in its anti-corruption crusade.

Ubani

NWADIOKE

Ubani lamented that justice delivery system is still, unfortunately, very slow and discouraging to persons who believe in peaceful resolution of disputes through the court system. According to him, the slow process in Justice delivery portends danger to national growth generally.

“Therefore, my expectations will be the enthronement of a judicial structure and mechanism that will facilitate a quicker, less costly and justice-driven administration of justice. Simply put, our justice delivery system should be fast-tracked, transparent and fair to all parties at all times.

“The NJC as a body must intensify its disciplinary measures against erring judges, should try to accede to the States in terms personnel demands and requirements. I do not personally subscribe to the idea of NJC denying the demands of the states on the number of judges that will sufficiently dispense justice efficiently in their states. “Some amendment needs to be done to our laws to ensure we correct what I consider an anomaly.States in the federation should get the number of judges they require to dispense quicker justice. The former chairman of NBA Ikeja said his expectations from judges are numerous,saying: “They are to remain incorruptible, justice-driven character in handling cases and firm and fair to all parties that appear before them. Above all efficiency, thoroughness and justice should be the watch word of every judge in Nigeria”, he said. For the bar, he said, “lawyers as ministers in the temple of justice must assist the judicial system to attain efficiency with the attendant confidence that does to the entire system and by extension to the entire country. They must avoid filing frivolous cases and applications during trials; they must stop being a cog in the wheel of justice by the frequent requests for adjournments in order to derail the cause of justice during proceedings. The disciplinary body of NBA must live up to expectation by instilling discipline in the legal profession and ensure that erring lawyers are properly punished for infractions of the ethics of the profession. Contending that corruption, as a heinous crime, has retarded our national growth and put our generation and generations unborn under severe bondage, Ubani suggested that for the country to get rid of corruption and save the future of the nation, the Nigerian judiciary must rise to the occasion and save Nigeria from total collapse. The judiciary, according to him, will achieve these by ensuring that the philosophy of ridding the country of corruption must be tackled seriously using the judiciary as a deterrence. He said trials of corrupt cases must be handled with every seriousness they deserve and processes ensured that trials and proceedings are not bogged down by technicalities and unnecessary rigmaroles employed by parties and lawyers during trials. Laws must be enacted and implemented judiciously. He stated further that part of the reforms must include dedicating special courts made of incorruptible judges to handle and dispense corrupt cases under new timelines that the new law will prescribe.

“

Omoyinmi

I will suggest that corrupt cases should not take more than one year to conclude and appeals should be once after proceedings and both the trials and appeals on them should not take longer than two years to conclude. Any judge found wanting in handling these sensitive case/s should be shown the way out of the system without delay”, he contended, adding that abolition of long hand in proceedings, financial autonomy and provision of basic facilities and employment of honest, dedicated and capable judges we will be on the wayto having an efficient judiciary that all of us shall be proud of”.

Omoyinmi on the other hand said he expects that the delivery of justice should be prompt, absolute and just. Emphasising that justice delayed is justice denied, he said there should be improvement in dispensation of cases in our justice system so that quick dispensation of justice can be achieved even if it means appointing more judicial officers to adjudicate in order to cope with increase of cases in our courts. Omoyinmi expects lawyers in particular to improve in making sure that matters in court are speedily dispense with professionaly. The courts must however brace up to its responsibility by making sure that cases of corruption are adjudicated upon without fear or favour in order to support the country in its quest to rid country of corruption.

Omodele said the new legal year should bring about breakthrough in Nigeria on the basis that many corruption cases are going to be prosecuted by the government of the day. In views of this, “I state that it is a year where judges should be bold and fearless in delivery of justice. They should do their work without fear or favour to anybody whatsoever”, he stressed.

YEMI OMODELE

Omodele’s expectation is that lawyers should assist the bench in quick dispensation of justice saying, “filing of frivolous applications should be jettisoned by counsels”. His expectation is also that the government of the day, both at the federal and state levels, should ensure that the condition of service of the judicial workers are well taken care of to avoid incessant strikes in the sector. I also expect a situation where appointments of lawyers to the bench are done without any influence from any quarter whatsoever”. He said that the proposal to establish a special court to try corrupt and fraud related cases could be done by adopting Lagos State method of having corrupt and other related division rather than waiting till the time the constitution is amended. These will fast track those cases. This, according to him, was because there is likelihood that some members of the National Assembly(NASS) may frustrate the amendment. “The constitution accommodates this style of Lagos State and I suggest same for the Federal Government and other states of the federation . He added that economic and other related offences court is hereby suggested to commence without delay. Nwadioke remarked that it was deeply frustrating that the challenges reeled out during the last legal year are still staring us in the face. “ It is however expected that a diligent implementation of the new Administration of Criminal Justice Act will have a salutary effect on criminal justice administration especially in aiding speedy dispensation of criminal justice and decongesting of the prisons”.

Nwadioke said there must be a virulent advocacy for increased funding of the judiciary. This will redress many of the gaps in the justice sector, not least the infrastructural decay that feeds delayed justice among other ills. In return, the judiciary must be seen to be at the forefront of the fight to combat corruption and impunity by curbing influence peddling within and outside its ranks. Judicial appointments must be done transparently to ensure that only the best in character and learning superintend our temples of justice. Law thrives on certainty. Conflicting judgments negate this hallowed aphorism.

Nwadioke expects that lawyers should give the judiciary every assistance and cooperation to ensure speedy dispensation of justice, including but not limited to shunning frivolous applications that impede the wheel of justice.

“The Nigerian Bar Association deserves our commendation and gratitude for giving the Bar a people’s constitution. Even for some of us who have been ardent critics of Bar governance in recent years, the Alegeh Administration has written its name in gold for this singular milestone. However, there is no substitute for a diligent implementation of the new constitution. The welfare of lawyers must continue to be addressed frontally to shore up professionalism”, he added.

Farounbi said the new legal year comes with great expectations.

He said:“This is understandable as it is like moving from a December of an old year to a January of a new year.

“I am generally looking forward to a Bench that will hold tightly to the oath of office taken by dispensing justice without fear or favour to all manners of people, and a Bar that will guide our Judges and Justices to arrive atfair decisions that will be beneficial to the generality of Nigerians.”

On corruption, he said: “The country is presently swimming in the cool water of corruption, the Bar and Bench should play the greatest role in assisting this new government in making the water to be hot with the view to eradicating the menace so as to avoid the prediction of Mr. President that: ‘If we do not kill corruption, corruption will kill us’.

“I equally urge the NJC to beam its searchlight more on our Judges and Justices. No doubt, some of our Judicial officers are still very corrupt, some are lazy and some are not too knowledgeable in law and are not willing to develop themselves. Honestly, some of these Judicial officers have no business in the system.

“These individuals should be identified and either shown the way out of the system or made to fall in line with the demands of the 21st century Justice System.”

On disciplining errring lawyers, Farounbi said: “I equally urge the NBA to sharpen the teeth of the Disciplinary Committee of the association with a view to identifying the bad eggs in the profession for eviction. High moral standard and ethics that are previously taken for granted are now lacking among most of our colleagues.

“Lawyers now put on jeans with brown shoes, and blazers to attend our Courts. In fact, some no longer remember the injunction of the sage, Hon. Justice Oputa that a lawyer must, at least, have a ‘serviceable suit’.

“What about the seniors and the not too seniors in the profession who are corruption pipes to ferry bribe to some of our Judges and Justices. We will do good to fish them out and make them face the consequences.

“They are a disgrace to the profession and great clog in the wheel of the development of our legal system. The emanating judgments from their actions are minuses to the system rather than the other way round. To whom much is expected, much should equally be given.

“Our government should place fundamental importance on the Judiciary and the Justice System generally.

“If we expect our Judges and Justices to, like Caesar’s wife, live above board, then we should pay greater attention to their welfare, security and training.

“Nigeria is more than overdue for electronic recording of our proceedings. It is highly inconsiderate to expect our Judges and Justices to take down proceedings in long hands for five, six hours every day for five days in a week. In fact, this must be stopped pronto.

“All these points and more attended to, we will have a legal system we will all be proud of. I wish Nigeria and Nigerians a wonderful Legal Year.”

September 8, 2015
Anti-graft war not politicised – Lawmaker

A lawmaker representing Akure North/South Federal Constituency, Mr Afe Olowookere has faulted the claim by the Peoples Democratic Party (PDP) that the anti-corruption crusade of President Muhammadu administration was targeted at its members.

He attributed the endemic nature of corruption in Nigeria to obsolete laws where corrupt people had always taken advantage of these laws to escape justice.

Olowookere spoke at the flag-off of construction of the Community Town Hall at Emiloro in Akure South local government area of Ondo state.

He assured that the eighth National Assembly would do everything within its power to get rid of these laws to fortify the fight against the menace.

His words;”So far, I’ve not seen how this anti-graft war has been politicised. PDP members are protesting that the probe is targeted at them. But my question is since 1999, which party had been ruling us at the centre?

“If the federal government is probing activities at the centre, which party will be affected? Is it not PDP. The probe has not been extended to the states where other parties are involved in governance at that level.

Olowookere emphasised that the crusade was not targeted at any particular party saying “As a member of the National Assembly, I support it and I am going to encourage my colleagues to do everything necessary to support it.”

He lamented the lack of confidence and trust in Nigerian politicians, urging the political class to do something about it by fulfilling promises made during electioneering.‎

According to him; “during my electioneering campaign, I could realise that people have lost faith. They have lost confidence and trust in politicians.

“They don’t believe us again. When you get to any community and say you will do this or that, the people will just express pessimism.”

August 31, 2015
Anti-graft war: A case for special court

Excessive delays in the regular courts have necessitated the call for the establishment of special courts to try corrupt public officers. Assistant Editor LEKE SALAUDEEN examines what the nation stands to benefit from the innovation.

The anti-corruption drive of President Muhammadu Buhari requires a judicial system that will accelerate the trial of corruption cases. Eminent jurists have warned that excessive delays in trying high profile corruption cases can frustrate and undermine the credibility of the government’s commitment to anti-corruption and fuel the culture of impunity. They contend that that the establishment of special courts to handle corruption and related cases will buttress the seriousness of the government in its campaign against corrupt practices.

The reason special courts are being proposed is the failure of the court system to facilitate prompt prosecution of suspects. Judges in the regular courts are fond of questionable long adjournments, frivolous injunctions and undue emphasis on technicalities that detract from the essence of corruption trials. The sad commentaries trailing Economic and Financial Crime Commission (EFCC’s) efforts in prosecuting corruption cases justify the demand for special courts manned by judges with iron cast will to bring the corrupt to justice and fence off deliberate hindrances stalling quick, diligent and successful prosecution of public officers and other prominent Nigerians docked for corruption.

It is public knowledge that the EFCC is yet to seek superior court orders to overturn dubious perpetual injunctions against the prosecution of many former governors who ruled between 1999 and 2007 accused of money laundering and frauds running into billions of naira. No tangible result had been achieved in prosecuting them. Worse still, most of them are not just freely enjoying their loot, a lot of them are occupying other political offices particularly in the legislature making laws for the people they had short changed.

It was the helpless situation of the EFCC that prompted the Commission’s chairman, Ibrahim Lamorde to make a case for the establishment of special courts to prosecute corrupt persons as a way of facilitating the anti-corruption war. He maintained that the anti-graft agencies are bugged down by the slow process in the regular courts.

To get it done, Lamorde suggested the amendment of the Nigerian Constitution to make provision for special courts to handle corruption- related cases and bring the culprits to book. “Some relevant laws in the Nigerian Constitution needed to be amended before the adoption of an action plan towards the fight against corruption. The challenge my colleagues and I are facing, especially in the EFCC and ICPC, is issue of prosecution of corruption and economic and financiall crime cases in regular courts”, he stated.

A former boss of the EFCC, Mrs Farida Waziri, alleged that some senior lawyers were frustrating the fight against corruption by stalling the prosecution of their clients docked by the anti-graft agency. She lamented the activities of such lawyers, who, according to her, fraudulently obtained money from their clients under the guise of delivering same as bribe to officers of the commission to kill cases under investigation. She said the lawyers most often exploit the weakness of the judiciary by filing frivolous applications to frustrate the trial of suspects for corruption and money laundering.

Constitutional lawyer Professor Itse Sagay (SAN) said the establishment of special courts is the best option for the present administration that has zero tolerance for corruption. According to him, the special court will accelerate and give a sharper bite to prosecution of corruption cases in the country.

Sagay noted that corruption cases linger for such a long time that there is little hope of timely justice both for plaintiffs and defendants. The purpose of trying a corrupt person in order to serve as deterrent to others is lost as the case drags for long while the suspect facing serious charges of corruption is left to strut about and use proceeds of such crime to thwart the judicial process.

“No doubt, the country needs special courts but it cannot be achieved overnight. It requires Constitutional amendment to give it legal backing. The executive has to send a Bill to the National Assembly for their consideration and approval. It will take between six months and one year to pass the bill”, he stated.

The Head of the Presidential Advisory Committee against Corruption explained that there are alternatives that could be used pending when the special courts would come on stream. According to him, government can create criminal law division and identify particular judicial officers who have the capacity, integrity, courage and knowledge to do justice without fear or favour.

“Pending the time the special court will get legal backing, government will put in place other alternatives to ensure quick dispensation of corruption cases so that the objective of this administration to fight corruption headlong will be achieved”, Sagay said.

Supporting the call for the establishment of special courts, a lawyer/human rights activist, Mr Monday Ubani said it will enhance President Buhari’s anti-graft war. He said if established, the courts will add fillip to the expeditious trial of corruption and related cases that have for long been suffering due to a combination of several factors such as court congestion and the complicity of some unscrupulous members of the bench and the bar to scuttle high profile corruption cases.

Ubani observed that the general lethargy, sabotage and scant commitment of the judicial system are the major reasons many Nigerians believe the anti-graft war is deceptive and not working. He believed the proposed special courts to be established by the Buhari administration to handle corruption and other related cases will buttress the seriousness of the government’s resolve to confront corruption.

Apart from setting up special courts, the former Chairman of the Nigeria Bar Association, Ikeja Branch, called on government to introduce socio-economic policies that would discourage corruption among the people. For instance, government should ensure judges and civil servants are well enumerated, job opportunities for school leavers and social welfare programme for the unemployed.

A Kaduna based lawyer, Mukhtar Modibo endorsed special courts because the nation’s judiciary as operated today cannot bring speedy justice to corruption offenders. He observed that corruption cases, like other cases linger for a long time that there is little hope of timely dispensation of justice. Prosecution of corruption cases involving high profile suspects are frustrated due to frivolous applications, questionable injunctions and long adjournments granted by the judges.

He said the courts if established would facilitate the work of the anti-corruption agency. The EFCC, according to him has 1,500 cases pending in various courts across the country; seventy-five per cent of these cases involve high profile persons whose cases have been pending for more than seven years. He suggested that the courts should be established in each of the six geo-political zones of the country.

Modibo noted that the courts are overwhelmed by the sheer volume of cases before them which is responsible for slow adjudication process that is brazenly exploited by suspects. According to him, it is not enough to put in place special courts for corruption. The authority should ensure judges of proven integrity are appointed to preside over them. Otherwise, the objective for setting them up, which is to quicken administration of justice will be defeated, he added.

Special courts in other clime

Specialised law enforcement bodies dedicated to the fight against corruption have been established in several European countries. They often focus on middle and high-level corruption offences and corruption related acts committed by high- ranking public officials. Investigators and prosecutors are usually specialised in corruption and financial crimes and have access to special investigative techniques.

Bulgaria, Croatia and Romania have all adopted specialised law enforcement bodies as part of their efforts to curb corruption and end the culture of impunity that permeates these countries. The results achieved are varied.

Few countries have also established specialised anti-corruption courts. They have jurisdiction over the offences investigated and prosecuted by special anti-corruption bodies. These are far less common than specialised law enforcement.

In Bulgaria, a specialised court and prosecution office for organised crime became operational in 2012. The court deal with crimes committed by organised criminal groups, including corruption-related crimes.

Special court departments were established in Croatia in 2008. These courts have subject matter and territorial jurisdiction of criminal cases. They only hear middle and high-level corruption and organised crime related cases. The judges in the special department have more experience of working on complex cases. They are appointed through the annual schedule by the court president, based on the opinion of the Council of Judges. They also have to pass through a security check. According to Amnesty International, special judges receive higher salaries and are recruited from amongst the most experienced criminal law judges.

In Slovakia, the Specialised Criminal Court was created in 2009. The main rationale for establishing the court was to build the capacity of the judicial system to deal with complicated criminal cases that are often also of great economic and social significance. The specialised criminal court in Slovakia is a court of first instance positioned at the same level as regional courts. Its decision can be appealed to the Supreme Court. It has jurisdiction over criminal matters and it adjudicates on the following offences: fraud and corruption in public procurement, abuse of power, acceptance of a bribe, economic crimes and crimes against property, indirect corruption, creation and promotion of criminal or terrorist groups, crimes committed by criminal or terrorist groups and deliberate killings.

The analysis of corruption related judgments, according to Transparency International report on Slovakia, shows a steep increase in the number of convictions after the establishment of the court –from 25 per cent in 2005 to 75 per cent in 2011. The court is perceived as independent and very professional. Financial as well as human resources are considered to be sufficient and the educational background of judges and the staff is also said to be adequate.

For Advocates of anti-corruption courts laid emphasis on training on complex issues related to corruption and economic crimes.

August 31, 2015
Anti-graft war One economy, one account

The adoption of a Treasury Single Account (TSA) by the federal and some state governments is seen by many as aimed at plugging loopholes in the system, report Ibrahim Apekhade Yusuf and Nduka Chiejina

THE SINGLE
ACCOUNT CLUB

• Federal Government
• Akwa Ibom
• Kaduna
• Kwara
• Lagos

For those who are still wondering how the President Muhammadu Buhari government would unravel, it is all in the open. In the last three months since he mounted the saddle, event watchers are indeed convinced that there is a new sheriff in town in a manner of speaking, judging by some of the far-reaching measures already being taken by his administration.

Clearly, one of such policy pronouncements by Buhari is the directive that each and every Federal Government Ministry, Department or Agency should start paying into a Treasury Single Account (TSA) all government revenues, incomes and other receipts.

A Treasury Single Account is a unified structure of government bank account enabling consolidation and optimal utilisation of government cash resources. It is a bank account or a set of linked bank accounts through which the government transacts all its receipts and payments and gets a consolidated view of its cash position at any given time.

A TSA therefore is considered a prerequisite for modern cash management and is an effective tool for the ministry of finance/treasury to establish oversight and centralized control over government’s cash resources.

The TSA provides a number of other benefits and thereby enhances the overall effectiveness of a public financial management (PFM) system. The establishment of a TSA should, therefore, receive priority in any PFM reform agenda.

What TSA aims to achieve

According to the directive, this measure is specifically to promote transparency and facilitate compliance with sections 80 and 162 of the 1999 Constitution.

In a statement by Laolu Akande, the Senior Special Assistant to the Vice President on? Media and Publicity, all receipts due to the Federal Government or any of its agencies must be paid into TSA or designated accounts maintained and operated in the Central Bank of Nigeria (CBN), except otherwise expressly approved.

The presidential directive, in the view of analysts, would end the previous public accounting situation of several fragmented accounts for government revenues, incomes and receipts, which in the recent past has meant the loss or leakages of legitimate income meant for the federation account.

President Buhari had earlier promised state governors at the inaugural meeting of the National Economic Council (NEC), in June, that all revenues prescribed for lodgement into the federation account will be treated as such under his watch and that he will ensure strict compliance with all relevant laws on accounting, allocation and disbursement.

Since then the presidency has worked with relevant agencies of the federal government to evolve this policy directive.

This directive applies to fully funded organs of government like the Ministries, Departments, Agencies and Foreign Missions, as well as the partially funded ones, like Teaching Hospitals, Medical Centres, Federal Tertiary Institutions, etc.

Agencies like the Central Bank of Nigeria, Securities and Exchange Commission, Corporate Affairs Commission, Nigeria Ports Authority, Nigeria Communications Commission, Federal Airports Authority of Nigeria, Nigeria Civil Aviation Authority, Nigerian Maritime Administration and Safety Agency, Nigeria Deposit Insurance Corporation, Nigeria Shippers Council, Nigeria National Petroleum Corporation, Federal Inland Revenue Service, Nigeria Customs Service, Mining, Minerals and Sustainable Development, Department of Petroleum Resources are also affected.

For any agency that is fully or partially self-funding, Sub-Accounts linked to TSA are to be maintained at CBN and the accounting system will be configured to allow them access to funds based on their approved budgetary provisions.

History of TSA in Nigeria

Judging by the provisions of the Financial Regulations (FR) and the 1999 Constitution of the Federal Republic of Nigeria, some Ministries/Extra-Ministerial Offices, Agencies and other arms of Government collect revenue (such as Value Added Tax (VAT), Withholding Tax (WHT), fees, fines and interest) are expected to remit same into the Consolidated Revenue Fund (CRF).

In line with Section 16 of the Finance (Control and Management) Act, LFN, 1990 and the Financial Regulation N0. 413 (i), all unexpended recurrent votes for a financial year shall lapse at the expiration of the year. Consequently, all unspent balances in the Recurrent Expenditure Cash Books at the end of 2012 financial year must be paid back to the Consolidated Revenue Fund Account N0. 0020054141107 with CBN by issuing mandate in favour of “Sub-Treasure of the Federation”, Federal Sub-Treasury, Ladoke Akintola Boulevard, Garki II, Abuja latest by the close of work on the last Friday of every December. It should be noted that all MDAs, including Universities, Polytechnics, Federal Medical Centres, Teaching Hospitals, Research Institutes and River Basin Development Authorities and FPO’s were ordered to adhere strictly to this law.

All Accounting Officers are required to make a return of unspent balances on the recurrent expenditure Cash Books, along with copies of treasury Receipts, to reach the Office of the Accountant-General of the Federation latest by close of business on Monday, 31st December, 2012. It is obligatory to comply with this regulation in order to avoid the imposition of stiff penalties against defaulters.

The irony, however, is that some parastatals did not remit their operating surpluses into the CRF as provided by the FRA 2007 (S. 22 and 23) while most MDAs engage in acts that result into loss of government revenue.

Arrangements for closing the year accounts

All into the Departmental Vote Expenditure Allocation (DVEA) Books, Ledgers, Mandate Summary Registers and Imprest Accounts shall be concluded on the last Friday of December, every year by 12 noon to rule-off all cash Books and extract the Cash Book balances. “All MDA on GIFMIS/TSA will have their accounts closed automatically on – line real time basis by the Treasury.”

In October 2012, President Goodluck Jonathan had stated that by introducing the TSA his administration had “not only brought down the fiscal deficit, we have enhanced the predictability of public expenditures. Our Integrated Payroll and Personnel Information System (IPPIS), Government Integrated Financial Management Information System (GIFMIS), improvement in Cash Management System through Treasury Single Account (TSA), and other non-financial Reforms, have greatly improved the Nation’s Financial Management System and accountability”

However, in 2013, the federal government began the mop up of funds released under the 2013 budget that were yet to be spent by Ministries, Department and Agencies of government.

The development was confirmed by the then Accountant General of the Federation, Mr. Jonah Otunla. Otunla while addressing journalists in company of the then Director General, Budget Office of the Federation, Dr Bright Okogu, however, noted that funds for constituency projects would not be among the funds that would be returned to the treasury.

He said officials of the ministry of finance and the OAGF would ensure that funds that have not been used by agencies were returned before midnight of December 31.

According to him, “our people are on the field in the various ministries, and usually officials from the ministry of finance do not sleep on the last day of the year. So we will wait for them to come. Usually issues like personnel costs are not always mopped up. Then also government has decided that constituency projects because of their special interests will not be mopped up too.”

He said for agencies that are on the Treasury Single Account, officials of the OAGF do not need to leave the office to go and mop up the fund as this is done electronically since the fund is in the Consolidated Revenue Fund.

He then disclosed that from 2014, all agencies that are funded by government would be on the TSA adding that this would simplify the process of mopping up unspent funds.

The policy on TSA he explained was intended to curb the financial excesses of some MDAs that have been refusing to remit their earnings deposited in commercial banks to the federal government which is constrained to go a-borrowing from banks at very high interest rates.

Otunla wondered if it was reasonable that the federal government’s money be kept with banks by MDAs while the federal government goes to borrow money to finance budget deficit from banks and other sources. “This is quite absurd,” he said.

In October 2013, former minister of finance Ngozi Okonjo-Iweala explained that the introduction of TSA had helped to reduce how government account was being overdrawn.

She said, “93 MDAs had hooked on to the TSA platform while government’s overdrawn position has dropped from ?102 billion in 2011 to ?19 billion in 2012.”

How CBN reinforced need for TSA

In November 2013, The Central Bank of Nigeria (CBN) called for an urgent implementation of the Treasury Single Account (TSA) in order to properly manage the country’s revenue.

The CBN stated this in a communiqué at the end of its 235th Monetary Policy Committee (MPC) meeting where it noted that “a TSA is an essential tool for consolidating and managing governments’ cash resources. In countries with fragmented government banking arrangement, the establishment of a TSA receives priority in the public financial management reform agenda.”

The CBN lamented that the “erosion of the fiscal buffers through the depletion of the Excess Crude Account (ECA) has further exposed the economy to vulnerabilities while the fall in oil revenue has left capital inflows as the only source of external reserves accretion.”

It also expressed concern that the federal government’s debt had also risen phenomenally along with its deposits at the deposit money banks. This, it said, showed the federal government as a net creditor to the system. “This underscores the urgent need for the immediate implementation of the Treasury Single Account. The continued delay in returning government accounts to the Central Bank is adding to the huge cost of government debt due to poor cash flow management,” the MPC statement added.

Recently, the Office of the Accountant -General of the Federation (OAGF) directed all Ministries, Departments and Agencies (MDAs) of the Federal Government yet to comply with the Treasury Single Account (TSA) regime domiciled at the Central Bank of Nigeria (CBN) to embrace the policy not later than 28th February, 2015.

By implication, the MDAs were directed to close all the revenue accounts they maintain in different Banks in the country and transfer the proceeds to the TSA.

This no doubt was a move to actualise the promise by the then federal government through the Coordinating Minister of the Economy and Minister of Finance, Dr. Okonjo-Iweala in December, 2014 to block avenues of revenue leakages to shore up government revenue in the face of dwindling earnings due to falling oil prices.

A clarion call

Like MDAs many states across the federation are also obeying the clarion call to maintain and run a single treasury account.

Leading the pack of these change-seekers is the Kaduna State Executive Council under Governor Nasir El-Rufai.

Just like El-Rufai, his counterpart in Lagos, Governor Akinwunmi Ambode also approved the operation of a single account in the state effective September 1, 2015.

In a statement by the Permanent Secretary/Accountant General of the state, Mrs. Abimbola Umar, the state government took the decision to address the challenges previously faced with the operation of the multiple account system.

The statement said the operation of a Treasury Single Account (TSA) aside providing transparency and accountability would also encourage taxpayers to request for a single account before making their payments.

The development is in line with the objective of the move by the All Progressives Congress (APC)-led Federal Government under President Buhari to ensure that all government revenue accrues to one consolidated account.

In addition, all the affected revenue collecting banks have been mandated to immediately close all existing multiple revenue accounts domiciled in their banks to give room for a single revenue accounting system in line with the accountability and transparency policy of the current administration.

“With this development, it is expected that all parastatals, local governments and establishments will commence the operation of the TSA on September 1, 2015,” the statement said.

Not to be undone, Akwa Ibom State Executive Council has also approved a Single Revenue Account for all monies collected by Ministries Departments and Agencies in the state.

Addressing reporters in his office, the Commissioner for Information and Communications, Mr. Aniekan Umanh, said this was part of the decisions reached at the weekly Executive Council meeting in Uyo, where the Governor in Council, Mr. Udom Emmanuel presided.

According to the Commissioner, the decision to operate a single revenue account was reached by Council, in order to ensure effective monitoring and efficient management of monies collected on behalf of the State Government.

Mr. Umanah also hinted that Council directed the Ministry of Rural Development to “immediately determine the number of villages yet to be connected to the national grid for urgent action,” in view of the fact that the State has achieved about 18-hour electricity supply.

To ensure cleanliness of the environment and develop the consciousness of the citizenry on the maintenance of sound environmental habits, Mr. Umanah said the Exco has approved a statewide environmental sanitation exercise for August 29, 2015, from 7.00 am to 10.00 am. Sanitation exercises, he hinted would be authorised from time to time.

The Governor-in-Council, according to the Commissioner directed the Ministry of Special Duties to ensure daily sanitation and environmental cleanliness within and around the Ibom International Airport, being a major gateway to the State.

The Information Boss also disclosed that the Ministry of Health was directed to review the healthcare laws in the State, with a view to bringing them to acceptable global standards. This, he said, was necessitated by a report on the gaps in the healthcare delivery system in the State.

Also, according to the Commissioner, the Ministry of Environment was directed by Council, to formulate grading standards for billboard structures across the State. The formulated standards, he said would enhance aesthetics, according to the grades each road falls within.

The Commissioner said, as part of his contributions to the Executive Council meeting, he provided information on the recent selection of Executive Council for the College of Commissioners, where the Commissioner for Investment, Commerce and Industry, Emmanuel Enoidem emerged Dean.

He said Enoidem, who pledged the loyalty and commitment of the executive Council members, thanked the governor for the opportunity given to them to serve the state.

The Kwara State governor, Alhaji Abdulfatah Ahmed, has directed all the state-owned tertiary institutions to open single treasury accounts for fees and other payments.

He also directed them to close all other revenue accounts maintained in commercial banks across the state.

The directive, the governor said, is a pilot exercise that will actually extend to all revenue generating agencies in the state.

Ahmed, who spoke at a meeting with heads of tertiary institutions and banks in the state, said the directive is to enable the government get a clear picture of the institution’s finances as a prelude to the debut of the newly established state’s Internal Revenue Service (KSIRS).

The governor said the new directive also bars the institutions from receiving fees and other revenues in cash or maintaining any other bank accounts other than those approved by the state’s accountant-general.

According to him, the move was designed to ensure efficiency in revenue collection and disbursement.

The governor assured that all institutions will continue to receive budgeted funds from the state government as at when due and stressed that the government’s only desire was to ensure efficiency in revenue generation and management.

He identified enhanced internally generated revenue as the only way through which the state can survive the current economic crisis in the country, adding that even if the federal government stops crude oil theft, federal allocations are unlikely to return to previous levels as the sustained drop in global oil prices is likely to continue.

The governor added that Heads of tertiary institutions in the state have an opportunity to demonstrate their managerial skills as they migrate from inefficiency in revenue generation to levels of sufficiency, adding that all ministries, departments and agencies are also barred from opening bank accounts or obtaining bank loans without authorisation from the office of the Accountant-General.

Ahmed called on banks to key into the government’s new revenue drive and avoid any actions capable of contravening the new revenue law, saying the government will not hesitate to review its relationship with any commercial banks that attempts to sabotage the law.

International dimension of TSA

It is globally recommended that no other government agency should operate bank accounts outside the oversight of the treasury. Institutional structures and transaction processing arrangements determine how a TSA is accessed and operated.

The treasury, as the chief financial agent of the government, should manage the government’s cash (and debt) positions to ensure that sufficient funds are available to meet financial obligations, idle cash is efficiently invested, and debt is optimally issued according to the appropriate statutes. In some cases, debt management including issuance of debt is done by a Debt Management Office (DMO).

The TSA should have comprehensive coverage, i.e., it should ideally include cash balances of all government entities, both budgetary and extra-budgetary, to ensure full consolidation of government’s cash resources.

The TSA coverage should be comprehensive by including all government-funded entities, including the autonomous and statutory government bodies as well as extra-budgetary funds (EBFs) and special accounts. This is to ensure that the TSA covers, as far as possible, all relevant cash resources of the government. All cash flows related to government revenue, expenditure, donor financing, debt issuance and amortization (including those associated with external debt) should be fully integrated into the TSA system.

However, if a public corporation is discharging a government function, it should be designated as a government unit (in line with the definition in the GFSM 2001) and its activities and resources should be integrated with the budget and TSA, respectively. The International Monetary Fund (IMF) believes that government’s banking arrangements are an important factor in managing and controlling its cash resources.

The IMF believes that these banking arrangements are critical for ensuring that all tax and non-tax revenues are collected and payments are made correctly in a timely manner.

Besides, the IMF believes that government cash balances are optimally managed to reduce borrowing costs (or to maximise returns on surplus cash).

To achieve all these, it is recommended by the monetary fund that a transparent government will establish a unified structure of government bank accounts via a Treasury Single Account (TSA) system.

Argument against TSA

Speaking with a cross-section of experts, they said the TSA policy may not serve the intended purpose which is to unify the government accounting system to ensure transparency if the remaining ‘supper’ MDAs cannot be made to comply.

Raising a poser, Mr. Abdulwaheed Usman, a policy analyst asked: “How do we explain for instance, why the head of a big earning MDA in the maritime sector recently appealed to the federal government at the launch of one of its projects, that it should be exempted from remitting revenue to the government because it is embarking on big projects? The federal government must be wary of waivers in implementation of the TSA that could be exploited as a conduit for embezzlement of public funds.

“But how much money does the federal government expects to save by keeping all MDA’s earnings with the CBN? We doubt that it would be that much compared to the huge revenue it needs to bridge the huge deficit in the 2015 and 2016 federal budgets.”

The federal government, Usman said, “Should look beyond the TSA policy and ensure that the targets for non-oil revenue in the 2015 and subsequent budgets like custom duties, and taxes from the Federal Inland Revenue Service (FIRS) are met and possibly exceeded. All traces of corruption in the system must be identified and eliminated.”

Besides, the federal government must decisively combat oil theft and pipeline vandalism both of which accounts for the loss of $7 billion revenue and brace up for a further crash in the international price of crude oil. The nation’s huge prospects in agriculture, solid minerals and tourism should also be adequately explored to boost the nation’s income on a sustainable basis giving the fall in the value of the Naira and the threat to global financial stability occasioned by the devaluation of the Chinese Yuan.

Downside of policy

Laudable as the TSA policy seems, not a few believe that it has its downsides.

To operators in the banking sector, it is feared that the sector would be losing about N2 trillion deposits to the CBN, with the implementation of the Treasury Single

The report on accounts of banks with CBN shows that as at beginning of this current quarter, banks’ total public sector deposits was N1.3 trillion but additional net flows from Federation Accounts Allocation Committee, FACC, as at end of last month (about N240 billion) as well as expected inflows by end of this month may push the figure close to N2.2 trillion by the time the pull out begins next month.

Bankers had pressurised the former government of Goodluck Jonathan, which had initiated the policy in December 2014, to soft pedal on the implementation which was originally scheduled for February 2015, on the reasons of a likely negative impact on the economy.

Bank treasurers had confided in The Nation at the weekend that the implementation would adversely affect liquidity in the banking system and end up putting pressure on interest rates and availability of credit to the economy.

In a statement issued at the weekend, Afrinvest Group, a Lagos-based financial investment house, said: “Whilst the directive issued came as the first official statement by the Presidency on the TSA, the Nigerian National Petroleum Corporation, NNPC, had earlier began withdrawing its funds from banks for retirement into CBN.

“This had an impact on liquidity level in the banking system, resulting in a surge in money market rates during the period as banks scrambled for funds to cover their liquidity positions.

“With the TSA implementation now extended to all federal MDAs, the Nigerian banking industry, on an aggregate basis, would be affected in terms of deposits and funding cost structure.”

In a related development, FBN Capital, an investment arm of First Bank of Nigeria Plc, stated in its money market reports last weekend that the NNPC withdrew about N400 billion from the banks last month pushing Open Buy Back (OBB), and overnight interest rates to a record high of 50 per cent. It, however, stated that this pressure was corrected when FACC inflow came to the banks within the same period.

In the implementation of the TSA there will be no FACC inflow to correct or compensate for the outflows.

Blessed assurance

The Accountant General of the Federation, Alhaji Ahmed Idris has assured that the introduction of the TSA is not a punitive measure aimed at any government establishment.

Idris made this clarification in Abuja whilst receiving members of the Committee of Vice Chancellors of Federal Universities who were at Treasury House to discuss issues bothering the operations of the varsities.

According to the Accountant General of the Federation, “the introduction of the TSA is not a punitive measure targeted at any government establishment or an attempt to jeopardise the peace and stability of the university system, but part of the reforms being introduced by this administration to institutionalise a more effective and transparent management of public finances in the country.”

The TSA, he maintained, is aimed at creating a single pool where all government’s receipts are kept in one account, thus making it possible at a glance to know the state of all the accounts.

To ensure a hitch-free implementation of the TSA, Idris revealed that the Office of the Accountant General (OAGF) has set up a special committee to be headed by a director, to address all issues or enquires from all affected MDAs.

He reassured the Committee of Vice Chancellors that Office of the Accountant General of the Federation will collaborate with the universities to ensure that all matters raised will be passionately addressed to ensure that the varsities are more efficient and transparently managed.

Idris allayed fears being expressed by some agencies of government that the recent directive of President Buhari on the establishment and operation of the Treasury Single Account (TSA) for the collection of government receipts for all the MDAs, will negatively affect the operations of some specialised agencies, saying that “it will rather improve their efficiency and increase the rating of the nation’s economy.”

August 23, 2015
Constitution amendment crucial to anti-graft war, says EFCC

The Chairman, Economic and Financial Crimes Commission (EFCC) Ibrahim Lamorde, has said the amendment of the 1999 Constitution is important in the anti-corruption battle.

He made the submission at a one-day meeting of heads of anti-graft agencies on the United Nations Convention Against Corruption (UNCAC) Review, Recommendations and the Draft National Anti-Corruption Strategy at Barcelona Hotel, Abuja

He said some relevant laws in the Constitution needed to be amended before the adoption of an action plan towards the fight against corruption.

He also said the effectiveness of any anti-graft activity could only be judged by the number of convictions recorded

Lamorde said: “The Constitution of the Federal Republic of Nigeria should be considered in whatever strategies being developed.

‘’The challenge my colleagues and I are facing, especially in the EFCC and ICPC, is the issue of prosecution of corruption and economic and financial crimes cases in regular courts.

‘’All these include making new laws, amending existing ones and improving on the efficiency of adjudication and sanctioning.

He commended the efforts of the European Union (EU), the United Nations Office on Drugs and Crime (UNODC) and other agencies.

A former Secretary to the EFCC, Emmanuel Akomaye, who spoke on the outcome of the Country Review Report and Follow-up Actions by National Partners, advocated better inter-agency coordination, building institutional capacity and legal reform.

On his part, the ICPC Chairman Mr. Ekpo Nta, advocated better funding for anti-graft agencies.

The Director-General, Bureau of Public Service Reforms, Dr. Joe Abah, said both the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal needed to be strengthened in order to be more effective in the fight against corruption.

But Lilian Ekeanyanwu, representing the Technical Unit on Governance and Anti-Corruption Reforms (TUGAR), said the implementation of the strategy document would be the responsibility of the Presidency.

Other participants at the meeting included the Corporate Affairs Commission (CAC), Bureau of Public Procurement (BPP), National Planning Commission (NPC) and Public Complaints Commission.

Also yesterday, the EFCC said the U.S. Federal Bureau of Investigation (FBI) had donated a forensic work station to it.

It said the donation of the equipment was a way of enhancing the collaboration between the EFCC and the U.S. in the fight against economic and financial crimes.

A statement by the Head of Media and Publicity, Mr. Wilson Uwujaren, said: “The equipment, technically referred to as FRED (Forensic Recovery of Evidence Device) was presented to the Head of Operations, Lagos Zonal office of the EFCC, Iliyasu Kwarbai by the U.S. acting Consul General, Dehab Ghereab.

Ghereab on her part praised the long-term partnership between the FBI and EFCC which has existed for more than a decade. She commended the EFCC for its professionalism and encouraged it to keep up the good work.

She said the equipment will enhance the EFCC’s effort in the fight against cyber crime and standardise its operations.

She said: “As we engage in these practices, we needed our counterparts. So, the FBI office made an assessment of the prevailing cases of cyber-based crimes which are not unique to Nigeria.

“In the views of Fritz Kennely, a technical personnel with the FBI, the device will help the EFCC in analysing, processing and preservation of digital evidence which can be presented in court in a clear, concise and understandable manner, thereby aiding judges to adjudicate effectively.”

After receiving the device, Kwarbai thanked the FBI for their support to the Commission in the areas of manpower development and investigation.

August 20, 2015
Anti-graft War: IBB’s baccalaureate

“Blessed is he whose transgression is forgiven, whose sin is covered”. That is the pithy line from the Psalmist. It is found in the very first line of Psalm 32. Behold, there is joy in abundance to be mined from the timeless and regenerative verses of David and his co-authors as contained in that glorious body of Biblical works – the Psalms.

Hardball commends it to those who seek wisdom and understanding. But the line quoted above is particularly instructive for its relevance to the matter at hand today. Just as it was in the Old Testament pre-Christ era that no man was without sin, so it is today.

Sin abounds today; man does not only live it, he seems to revel in it. Many today go through a lifetime without knowing any scripture or abiding by any moral codes. They live purely according to their whims and caprices often oblivious of the difference between right and wrong. But the holy book recognises that from age to age, man in his frailty, is bound to fail and fall. Thus, man is offered escape and redemption.

What this means is that you could work for your redemption and go through bouts of penitential rigours to atone for sin. Then there is also a select few who enjoy divine favours, whose transgressions are automatically forgiven; whose sins are overlooked and indeed written off like bad debt.

Such is the sunny story of some of our former leaders and ‘statesmen’ in the recent past who managed the affairs of state in such riotous and prodigal manner. Over the years they have hedged from giving account of their stewardship. At the beginning of the current dispensation, it seemed the chicken would come home to roost this time but somehow they have managed to wriggle out of it and instead, signing on as advisers and confidants of the new government.

But one of them has gone even one step further; he has become an expert on sleaze control and anti-graft wars. He is no other than the inimitable gap-toothed former military president, General Ibrahim Badamasi Babangida, who turned 74 recently. The indefatigable political impresario, whole held Nigeria by the scrotum for eight turbulent years (1985 – 1993) recently granted interviews rendering a baccalaureate on how to recover stolen funds.

Hear it from the one fondly call IBB: “If he (President Buhari) is resolute, I believe he will achieve some degree of (success in the recovery of) stolen funds.” To abridge a long tale, the IBB years were long, licentious and reckless. It was an era of debasement of not only the system but the very soul of the nation.

That debilitating era was capped by the spiriting away of a $12.3 billion Gulf oil windfall that is yet to be resolved today. On a serious note, if only President Buhari would resolute enough to revisit the $12.3b affair.

And on a final note, the times call for sobriety and comportment; especially from those whose atrocities have been overlooked.

August 20, 2015
PDP lawmaker backs anti-graft campaign

A member of the House of Representatives has said the accusations that the investigation of corrupt government officials by President Muhammadu Buhari is only targeted at members of the Peoples Democratic Party (PDP) is misplaced and unfounded.

Okechukwu Eze (PDP, Anambra), who spoke in Abuja at the weekend, said President Buhari’s administrative style should rather be supported by all as he (Buhari) was prepared for power having tried several times in the past.

He said: “The perception that PDP members are targeted is to be expected. These are people who have been in the opposition for so many years, they have developed a mindset.

“Now, all of a sudden, power is in APC hands. It will take time to realise that when APC was the opposition, they have always seen PDP in a bad light.

“Now as President, he needs to look at things from a different perspective, because no matter what he thinks of PDP, power now belongs to him.

“He is not President of APC or CPC but of Nigeria, with all its pimples and blemishes, the good, the bad and the ugly.”

August 17, 2015