The Nation Newspaper

Tag: corruption

  • Agenda, corruption, and the law

    A statement by a US senator this week that the US president, Donald Trump should not fire the Attorney General, Jeff Sessions because the Attorney General swore to protect the US constitution and should not be considered by the president as his lawyer, provokes the discussion of today. I want to take this alongside an article by the renowned Development Economist Jeffrey Sachs on CNN this week which noted alarmingly that the US is facing not only the threat to its democracy as identified by the US President Donald Trump in Poland recently on his way to the G20 meeting in Germany, but a greater threat of a ‘’tsunami of unethical activity‘ in the US fuelled by the incumbent US president himself. I want to compare this with the way the Nigerian government is being run by the Acting President Yemi Osinbajo, a law professor, and the Attorney General, Abubakar Malami in the absence of our ailing President Muhammadu Buhari whose mandate or agenda, to all intents and purposes the two Senior Advocates of Nigeria are expected to pursue and implement in his absence.

    Especially as the absent president’s integrity was what made Nigerians to give him the mandate of governance in the 2015 presidential elections and the war against corruption has been his selling point politically and in terms of commitment. Undoubtedly, a discussion like this cannot avoid veering into an examination of the concepts of loyalty, ethics, as well as integrity and constitutionalism. This is because Attorneys General and Acting Presidents don’t just drop from the skies either in the US or Nigeria. They were appointed by the Presidents in both nations as elsewhere globally and are expected to follow the agenda of their bosses at whose discretion and direction they are supposed to perform. Indeed, Jeffrey Sachs article was titled – ‘ On Ethics, Trump is leading America in the wrong direction’.

    Sachs in brief in his article cited examples of recent US Supreme and Appeal Courts rulings reversing guilty verdicts on corrupt US politicians on the amazing grounds that bribes were not bribes according to federal laws in some cases and that certain expenditure on elections did not violate the legal ceilings on such expenditure as such relations were expected between politicians and their constituents in the American democracy. Sachs scoffed at such legal gymnastics which made an ass of the law and said outsiders were astonished at the ethics of US politics especially the sort of lies in the Trump Administration. And that this is really the threat facing the US, and not the survival of civilization that Trump so gleefully highlighted to EU nations in Warsaw.

    Sachs then concluded quite ominously – ‘Donald Trump, you are right. We are indeed fighting for the survival of democracy .And You and the ethical collapse you represent, are our greatest threat.‘ Let me concede that it is difficult to dismiss Sachs observations as mere Anti Trump rhetoric common in the US media nowadays. Although one should point out that what Trump said was that what was at stake for the EU nations was a threat to western civilization and not democracy as Sachs has twisted it, albeit controversially. But in taking on Trump, Sachs has highlighted corruption in high places in the US legal system and that is by far a greater threat than Trump’s irritating but powerful tweets as well as the way and manner he has been harassing his Attorney General and prodding him to prosecute those in the intelligence community who have leaked government information to the press at great cost to national security and public interest. Certainly Trump is right to expect his Attorney General to prosecute those who made the leaks as the Attorney General is his appointee and such leaks are criminal and even treasonable breaches against the state. So, I disagree with the senator who said the AG is not his lawyer.

    As AG and Chief Legal Officer of the US, Sessions acts in that capacity as the government’s agent and that government is headed by the man who appointed him and that is President Trump. If the AG cannot do his bidding he should just quit and go his way. Similarly it is childish for any president to be criticizing his appointee incessantly with tweets as Trump has done with Sessions.

    This violates the ethics of collective responsibility and responsible leadership and makes a mockery and caricature of leadership by example. More so in a leading global democracy like the US. The ideal thing was to fire Sessions for poor or nonperformance as the buck stops on the US president’s desk in their presidential system which Trump has ridiculed immensely with many nuisance tweet tirades fit only for the market place in most instances. The saying that who pays the piper dictates the tune is surely applicable in any government including that of even Donald Trump and he should as they say in civil service parlance, do the needful on Sessions and get on with his mandate.

    Quite interestingly and unexpectedly, the Nigerian political situation presents a loftier spectacle to the‘ tsunami of unethical activity‘ in the US highlighted by Jeffry Sachs. Indeed the immediate contrast is that while the American president has been verbally violent with tweets against friends and foes alike, the Nigerian president has been silenced by illness but not sidelined as the prosecution of the war against corruption continues unabated. And that is because of the commitment and loyalty of the Acting President and the Nigerian Attorney General.

    That really is a lesson for the American political system to learn from Nigeria no matter how painful they may feel about it. Nigeria may be the most corrupt place to practice democracy in the world but its leaders for now have not shot themselves in the leg or set the house on fire in the absence of their president. Indeed you may say that while the US has a tsunami of unethical activity, in Nigeria’s case it is sheer tsunami of looting and embezzlement by politicians who cannot however claim ever like Trump that they want to make Nigeria great again. Indeed the clarion cry in Nigeria could be –Make Nigeria Clean, if you can -, but unfortunately the person with the mandate or agenda to do that is quite indisposed. Yet it has not been a case of if the cat is not around mice would play as events involving both the Acting President and Nigerian AG have shown so far in the president’s absence, especially in the prosecution of the war against corruption. It is not as if the war against corruption is going on smoothly in Nigeria.

    It is not because of the man – made mines and political booby traps set on its path to derail it. Especially as corruption is fighting back furiously and its agents, if wishes were horses will reduce themselves to beggars to ride cars in the hope that the president does not get well or get back to his post. But they are not God and God cannot support looters and thieves at the expense of the larger society and our general welfare. What Sachs has shown on corruption in the US judiciary is a tip of the iceberg when compared with what we see going on in our judiciary. It also shows that even in the comity of nations, and in terms of ethics in the US, the rich also cry. Which in a way means that we must appreciate the efforts of the two leaders also SANs who have kept the war on corruption going in the absence of our President. Once again long live the Federal Republic of Nigeria.

  • Corruption catalysing godfatherism, candidate imposition

    Corruption catalysing godfatherism, candidate imposition

    The discipline of ethics along with its subject matter; morality, focuses on how human beings consistently satisfy their needs and constantly better their living condition and that of their fellow beings, through goodness, justice, happiness and conscience in a democratic polity.

    The shaky foundations of transition to democracy in Nigeria propelled by Rtd. Gen. Abdulsalami Abubakar after the demise of Gen.Sani Abacha in 1998 dispersed all genuine designs and patterns of alignments of a civil society.

    The sentiment that accompanied the transition was primarily centred on acquiring political power through hook or crook without necessarily establishing relationships between people’s participation and democracy.

    In other words, an important element in the process of democratization of people’s participation and empowerment became completely subsumed within the narrow and corrupt interests of the elite groups.

    Corruption, a term with widespread popularity across the globe, with an “operational centre” already established here in Nigeria, building a strong arsenal, capable of resisting the attack of anti-corruption bodies. The EFCC (Economic and Financial Crimes Commission) unlike the ICPC (Independent Corrupt Practices and Other Related Offences Commission) have been proactive in battling the resistance in spite of its daily growth, with productive efforts to rescue the nation from the damnation of corruption marked by the agglomeration of time upon time.

    Godfatherism precedes candidate imposition. As it is, political godfathers have taken the position of king-makers; they impose candidates on political parties, and also the electorates. Hence, should the political godfathers alone receive all the blames for our poor decision-making? Are the electorates to blame for the unfavourable outcomes of election? How does the ignorance and gullibility of electorates contribute to godfatherism?

    As the Lagos state local government elections scheduled for July 22, 2017 approaches, it is a road we are familiar with. Nevertheless, it appears that it has become our culture to remain in the Egypt of godfatherism, rather than proceed to the Canaan of true democratic practise where the authoritative allocation of value as opined by David Easton would not be farfetched.

    Under the current political structure in Nigeria, the godfathers as oppose to the electorate decides and imposes the flag bearer of their respective parties. In some cases, they sponsor the campaign, and make sure their candidate wins before the election date by every means available. Would it not be begging the question if one is to ask the candidates who they owe their allegiance to: the godfather or the electorates? Would the candidate rather bite the finger that fed him/her and risk losing the lucrative political office?

    With an insight into the Nigerian political woes, I believe the godfather should take their bite from the cake of blame. Their existence instigates corruption, and it forms a wall between the electorates and the very much anticipated dividends of democracy.

    The elected candidates are so much overwhelmed with satisfying their godfathers first as a form of debt payment and gratitude, which leaves the treasury with little or nothing left to implement the numerous infrastructural and social pleasantries promises made to the electorates.

    Electorates, however  after the first tenure forget too soon the empty promises of office holders as soon as campaign for second term begins, on receiving money, two cups of rice, one litre of groundnut oil, sachets of salt, and other food items to break the fasting period of the previous tenure in office. Consequently, the governed needs to wake up and begin to employ logical reasoning in their selection of candidates, with an understanding of the fact that: they can’t eat their cake and have it.

    Kudos to President Muhammadu Buhari’s administration and the senate for passing the amendment of the Electoral Act No 6 2010, bill 2017 which is expected to abolish arbitrary fees for nomination forms fixed by political parties when signed into law. President Muhammadu Buhari famously claimed he borrowed money to pay for his nomination form which cost N25million, in the build up to the 2015 general elections. Conversely, the bill has now put a limit of N10million on the form.

    Meanwhile, the cost being put at N10million is still expensive for majority in a country where the minimum wage is staggering at N18, 000.00 per month. How then is it possible for a middle class earner, who has been arguably swallowed by the low class, thereby leaving the society with just two classes, to purchase a nomination form? Could this be the reasons why candidates subscribe to godfathers?

    Hence, the foregoing leaves the government (executive, legislature, and judiciary) with a question, and a dished food for thought for the governed.

    Has the government been able to create a fair environment for classless, free, and fair elections?

    However, if the governed continue to feel unconcerned, and continue to sell their votes for food items and material needs, the equity and dividends of democracy which they seek would remain a mirage.

     

    Benjamin resides in Lagos and can be reached via- dadabenjaminopeyemi@gmail.com

  • Corruption has friends too

    It is intriguing that a federal legislator proposed a corruption-friendly law that is antagonistic to the country’s fight against corruption. It is unclear whether the idea belongs to the proposer, or whether the proposer is just a messenger who is delivering a message packaged by champions of corruption who are desperate to corrupt the anti-corruption war.

    The so-called Economic Amnesty Bill is particularly thought-provoking because it demonstrates the power of corruption and how the powerful can abuse power in favour of corruption. A report said: “The bill was introduced and read for the first time on June 14, 2017 on the floor of the House and awaits a second reading in July when it would be debated.”

    As the public awaits the debate on the bill in the House of Representatives, there are strong signals that the proposal is unpopular in the public space and offensive to right-thinking people. Did the proposer anticipate the degree of public opposition that the proposal has attracted?  Or did he expect a smooth ride?

    Here is a picture of the bill: “The bill seeks to give looters leeway to escape any form of probe, inquiry or prosecution after satisfying certain conditions. The proposed law is titled, “A bill for an Act to establish a scheme to harness untaxed money for investment purposes and to assure any declarant regarding inquiries and proceedings under Nigerian laws and for other matters connected therewith.”

    Here is an elaboration of the bill: “According to the sponsor of the bill, Linus Okorie (Peoples Democratic Party, Ebonyi State), the bill “seeks to allow all Nigerians and residents, who have any money or assets outside the system or have acquired such money or assets illegally (looted or any variant of the cliché) to come forward, within a set time frame, to declare same, pay tax/surcharge and compulsorily invest the funds in any sector of the Nigerian economy; and be granted full amnesty from inquiry or prosecution.”

    It is easy to see how this bill will help the corrupt and help corruption. Is it possible that Okorie’s proposal reflects the thinking about corruption in his federal constituency?  Are his constituents fully behind him in this pro-corruption campaign?

    Predictably, Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), said in a statement that showed deep disgust: “In spite of the steep decline in the sense of morality and values in Nigeria in the last 16 years, particularly since this Eight Session of the National Assembly was inaugurated, Okorie’s blatant and brazen advocacy of free looting is nevertheless still shocking to the senses.”

    Sagay added: “That a Nigerian legislator (a lawmaker) can have the effrontery to promote a bill which if enacted into law, will enable looters of our treasury and national patrimony to keep the loot, if only they can acknowledge it as looted, provided they undertake to spend it in Nigeria, is breathtaking. In summary, what Mr. Okorie is encouraging is free plundering of state funds without consequences.  Simply put, it is the legitimating of treasury plundering.  It is clear that if such a bill becomes law, the anti-corruption war is doomed.”

    It is understandable that anti-corruption warriors are shell-shocked by Okorie’s pro-corruption move. It is beyond question that this condemnable looters’ bill further calls into question the quality of lawmaking and the quality of lawmakers in the  federal legislature. What Okorie’s proposal suggests is that there are members of the National Assembly who lack a fundamental understanding of the developmental essence of the legislative role. Certainly, Okorie’s proposal cannot be regarded as an example of progressive thinking.

    There are similar instances of unprogressive thinking that corrupts the image of the federal legislature.  This information illustrates another instance: “A similar move had been suggested at the Senate in May 2016 when the Chairman, Senate Committee on Gas, Bassey Akpan, advocated special amnesty for owners of Nigeria’s stolen money stashed in the various banks across the world should such looters be willing to bring back the money and invest it in the country.”

    It is disturbing that this corruption-friendly idea reportedly suggested by a member of the Senate last year is the same idea that has been formally proposed by a member of the House of Representatives this year, indicating that there are members of the National Assembly who are on the same page on this issue of giving corruption a chance to breathe.

    Okorie’s proposal should have no place among honourable men and women in honourable legislative chambers.  It is an egregious idea that should be treated with utmost contempt.  While its introduction and first reading may be regarded as procedural stages, when it is time to debate the bill, there can be no excuse for not shooting down the absurdity.

    Sagay asked: “Now, what shall we do with Linus Okorie?” He supplied an answer that deserves to be taken seriously:  ”I propose that the House of Representatives should regard Okorie’s bill to be so impertinent and scandalous as to earn him a suspension from the House, for the rest of the Eight Session, i.e., until July 2019.That should serve notice that Nigeria will no longer tolerate such brazen impunity and corruption or its promotion thereof.”

    Perhaps Okorie deserves a more punitive penalty.  It may not be extreme to call for Okorie’s recall.  It is a point to ponder that there has been no reported expression of disappointment and disgust by Okorie’s constituents. The fight against corruption must be fought with every possible lawful weapon.  It is noteworthy that Sagay argued: “Section 15(5) of the Nigerian Constitution provides that ‘the State shall abolish all corrupt practices and abuse of power.’ Should a legislator, a ranking public officer, be seen committing a breach of the Constitution, which at the same time constitutes assault on our sensibilities with relish?”

    Clearly, there is a need to improve legislative thinking in the National Assembly, given the negative example of Okorie’s proposal. The country deserves an apology from him for his indecent promotion of an unprogressive  idea that is essentially corruption-friendly.

  • EFCC arraigns former Enugu Chief Judge for corruption

    EFCC arraigns former Enugu Chief Judge for corruption

    THE Economic and Financial Crime Commission (EFCC), yesterday arraigned a former Enugu State Chief Judge, Innocent Umezuluike, before a State High Court in Enugu for alleged corruption. Umezuluike appeared before Justice Anthony Onovo on a onecount charge of using his office to confer corrupt and unfair advantage. He is accused of receiving N10 million as donation from wealthy businessman Arthur Eze in February 2014, at a time Eze was a litigant in a pending and concluded civil matter before the former chief judge.

    Eze, Chief Executive Officer of Oranto Petroleum LTD, according to the EFCC,made the donation at the launch of Umezuluike’s book “ABC of Contemporary Land Law in Nigeria.” The anti-graft agency said the money was drawn from the account of Oranto Patroleum LTD and paid into Umezuluike’s Zenith Bank account. The counsel to the commission, Wahab Shittu, told the court that the action is contrary to Section 19 of the Independent and Corrupt Practices and Other Related (offence) Act (Laws of the Federation) 2000.

    The former chief judge, however, pleaded not guilty to the one-count charge. However,Umezuluike’s lawyer, Agu Gab-Agu, asked the court to grant him bail on self recognizance and to address him as “Honourable Justice”. He argued that the former chief judge was granted bail on self recognizance in a similar matter pending before the Federal High Court in Port Harcourt. The prosecuting counsel, Mr. Shittu, did not object to the bail request, but pleaded with the court for accelerated trial of the case. Justice Onovo granted the former chief judge bail in the sum of N1 million and ordered that he be addressed as Justice Umezuluike during the trial. The judge adjourned the case till October 26-27, and November 2-3, 2017, for definite hearing.

  • Moro: War against corruption, a plus for Buhari

    Moro: War against corruption, a plus for Buhari

    Former Minister of Interior Comrade Patrick Abba Moro has hailed the commitment of President Muhammadu Buhari to the fight against corruption, which he described as a major factor responsible for Nigeria’s economic backwardness and underdevelopment.

    Moro, a chieftain of Peoples Democratic Party (PDP), who served under the administration of former President Goodluck Jonathan, however, faulted the approach adopted by Buhari to execute the anti-corruption war.

    The ex-Minister spoke in Abuja, the Federal Capital Territory (FCT) on the anti-graft war. He said: “The emphasis on the fight against corruption in the current dispensation is more on punishment than change. We are emphasising punishment for corrupt practices rather than changing corrupt practices or nipping in the bud corrupt practices. The war against corruption must be fought very, very transparently to elicit from the average Nigerian some level of credibility.” It may be merely coincidental that only a certain section of the Nigerian community is being prosecuted for corrupt practices, essentially people who participated in the last PDP government who are not members of the APC (All Progressives Congress) government now.

    “As long as that is the perception of the average Nigerian, the fight against corruption lacks credibility. Don’t for forget that sometimes perceptions are a reality. And as long as it lacks credibility, the feeling is that it is only those who are in the opposition party now that are being persecuted. Allegations have been made against persons who either were in PDP or were in other political parties or were in positions of leadership, but who have moved to APC they are walking freely on the street. Similar allegations have been made against PDP members who participated in the last government, such allegations have been promptly investigated and such persons are facing trials in various courts in the land.”

    Moro added: “I want to say this very frankly that in the interest of this country, it is a plus for President Muhammadu Buhari to see corruption as a cankerworm that has eaten very deep into the fabric of our nation Nigeria. It is also a credit to him that he feels determined to fight this very albatross that has contributed in no small way to the underdevelopment of this country. But the approach definitely leaves a lot of room for improvement.

    And so, I think that while we are sanctioning those who have been proven to have defrauded this country, corrupted the system, we must at the same time draw up an appropriate roadmap towards preventing corruption rather than punishing corruption, because punishing corruption is just a scratch on the surface. It is just a tip of the iceberg. Like they say, you can only correct mistakes; you cannot change mistakes that have already been made. Therefore, the question that readily comes to mind is, in punishing corruption, can we be able to stamp out corruption? Also, I have continued to insist that corruption in Nigeria is predominantly more attitudinal than institutional. And the emphasis must be placed on refraining, remolding and re-orientating the attitude.”

    Moro said the civil society and non-governmental organisations which agitated for good governance during the Jonathan administration have lost their voices.

    He said: “In the twilight of the life of the administration of former President Goodluck Ebele Jonathan, GCFR, and even within the period of his administration, various save Nigeria organizations sprang up, various civil society organizations sprang up agitating for good governance – very good! We had the Bring Back Our Girls (BBOG). We had social activists all over the country agitating for good governance and the removal of Goodluck Jonathan’s government. In the course of trying to rectify basic anomalies in the petroleum sector, ex-President Jonathan attempted to remove oil subsidy because it was discovered that the whole concept was becoming some kind of scam, was becoming some kind of conduit through which a very large chunk of the commonwealth was being frittered away.

    Moro added social activists, save Nigeria organizations, occupy Nigeria organizations sprang up to say no to removal of oil subsidy! When former President Goodluck Jonathan attempted to raise the pump price of petroleum product, same organizations sprang up, agitated, promising to make Nigeria ungovernable for the government. Today, the Nigerian people are virtually pauperized, the Nigerian people are hungry. The Nigerian people are at a loss as in the direction of governance.

     

     

    Yet, apart from isolated instances, all of a sudden the various civil society organizations, the various save Nigeria organisations, the various occupy Nigeria organizations, the various agitators have gone cold and no longer talking when nothing seems to have changed and things appear to have even become worst. I said with a few exceptions because recently the Bring Back Our Girls stood up to say that not much has been done in the drive towards solving the problem of the Chibokgirls. And they have been in the forefront campaigning as it were, as it was in the beginning against the plight of the so-called Chibokgirls.”

  • Ex VP Sambo alleges plans to implicate him for corruption

    Ex VP Sambo alleges plans to implicate him for corruption

    The immediate past Nigeria’s Vice President, Architect Mohammed Namadi Sambo has expressed fear that the nation’s security agencies may plant incriminating objects in his house to implicate him of corruption.

    The former Vice President who reacted to the repeated raids on his Kaduna residence by the anti-graft agencies said he is apprehensive that a repeat of Commando-style raid of his residence will not be surprising if an incriminating object is planted in order to willfully and deliberately incriminate him.

    Sambo in a statement issued by his Media Adviser, Umar Sani, lamented that the recent desperation exhibited by some security agencies in carrying out a raid on an unoccupied residence and blocking all entry and exit points, in a ‘commando-style’ and coming along with a bullion van speak volumes of the ‘clandestine’ intention of the security operatives.

    According to the statement, “In the late afternoon of Wednesday, the 28th of June 2017, the Alimi Road, Kaduna un-occupied residence of the former Vice President Arc Mohammed Namadi Sambo, GCON, was invaded by security operatives armed with a search warrant, who conducted a forensic search of the entire residence.

    “Initially, we were at a loss as to their identity but later discovered that they were operatives from the Independent Corrupt Practices and other related offences Commission (ICPC). This raid brings to five the number of times the residence was searched within a period of six months and on each occasion valuable fittings were deliberately destroyed.

    “It is worthy of note to state that no such brazen attempts were made at any point, either at his Link Road Kaduna residence, or his Abuja apartment, which he presently occupy.

    “As the visit of the operatives was unscheduled, the reasons for the search were not specifically stated. However, the outcome of the search was made known. At the end of the whole exercise, the officers, who carried out the search were satisfied that nothing incriminating was found.

    “As a law-abiding citizen, the former Vice-President did not raise any alarm in the previous invasions in view of the fact that he has nothing to hide.

    “The recent desperation exhibited by some security agencies in carrying out a raid on an unoccupied residence blocking all entry and exit points, in a commando-style and coming along with a bullion van speaks volumes of the clandestine intention of the security operatives.

    “It is therefore worrisome to note that the consistency with which the searches occurred and the intervals between them portrays a desire of a fault-finding mission. We are apprehensive that a repeat of such episode will not be surprising if an incriminating object is planted in his residence in order to willfully and deliberately incriminate him.

    “It is against this background that we wish to draw the attention of the unsuspecting members of the public to this phenomenon. The desperation of some of the security agencies is glaring by the number of times such searches were conducted and still counting. We hope it is not a way to try to give a dog a bad name in order to hang it,” Sambo  said.

  • Way out of corruption, by group

    A group, the Rule of Law and Empowerment Initiative (RLEI), has suggested measures that will enhance the effectiveness of the court process and curb judicial corruption.

    RLEI, also known as Partners West Africa – Nigeria (PWA-N), said judicial accountability could only be enhanced where judges’ punctuality and court attendance were monitored; technologies adopted to record court proceedings; constant exposure of judges/ magistrates/ khadis to case management techniques, among others.

    These recommendations are contained in a report of the group’s eight-month long monitoring and observation of courts in the Federal Capital Territory (FCT), Abuja and Kano State, under a programme tagged: The Judicial Integrity Project.

    Speaking at the report’s presentation in Abuja on May 25 this year, the group’s Programme Manager, Barbara Maigari said the project aimed at promoting accountability in the judicial sector.

    She said: “The major objective of this project is to increase civil society’s access to government’s information as a tool to fight judicial corruption, increase access to justice and expand citizens’ engagement with the government.

    “We realise that this can only be achieved by increasing the capacity of civil society to access information on judicial process,” Maigari said.

    She said, as ways of addressing the challenges identified during the court observation and monitoring exercise, her group has come up with some useful recommendations.

    One of such recommendations, Maigari said, is that requiring the National Judicial Council (NJI) or Judicial Service Commission of the state concerned to devise an objective means of monitoring the punctuality and attendance rates of all judges and magistrates.

    She said the recommendation was informed by the realisation that most judges and magistrates do not always attend court or resume late, practice that contributes to delay in justice dispensation.

    The group, while faulting the continued recording of court proceedings by hand despite advancement in information and communication technologies, urged immediate investment in ICTs to aid court process.

    It urged the NJC to institutionlise case management training for judges and magistrates to enable them attend to more cases on their cause lists rather than wasting time on few case.

    While noting the parties’ absence at proceedings also delay the hearing of cases in court, Partners West Africa – Nigeria suggested the introduction of “significant monetary costs against erring parties for deterrence purposes.”

    Retired Justice of the Supreme Court and Chair, Board of RLEI, Justice Olufunlola Adekeye said the various reform measures initiated and implemented in the judicial sector since 1999 should be sustained.

    She however noted that the sustainability and success of such reforms require holistic execution, with the involvement of “all relevant stakeholders, an approach which you all have adopted in Access to Nigeria Project.”

    Justice Adekeye said although the nation has effectively restored democracy, there was need for adequate funding of the security and justice sectors.

    “The contemporary forms of violence such as insurgency, armed banditry and cybercrimes are ongoing challenges to be tackled by security and intelligence agencies.

    “Again, the process of civil and criminal justice administration demands urgent implementable actions.

    “Judges, magistrates/khadis are insufficient compared with the workload of cases and administrative responsibilities.

    “Our courts still write with long hand, therefore delaying the process of justice. Delays from the point of arrest to delivery of judgment are contributory factors to challenges still faced in the justice sector,” Justice Adekeye said.

  • Unity, corruption and justice

    THERE is no doubt that the unity of the Nigerian state is going through rough and testy times. But that is not peculiar to the Nigerian nation and that is the theme of my discussion today. My premise is that nations that are diverse have more pressure on tolerance and accommodation of their existence and growth than nations that are united by a common language, culture and beliefs. The core of my observation or belief here, is that diversity is enhanced by unity and promoted handsomely when the rule of law is harnessed for the smooth establishment of justice in all institutions of governance and use of political power.

    I state again here that the basic definition of government, which is that a government is any government, that consistently and successfully upholds a claim to the exclusive use of physical force in enforcing its rule within a given territorial area, comes very much into play here. It therefore follows that we cannot talk of a government worth its salt when it has no force to establish its wishes or directives, as such a government cannot control the use of violence or maintain justice in an environment of diversity in which unity has been corroded or eroded by a lack of law and order.

    It is necessary to be philosophical on this enterprise, given the nature of our topic today. This is because we are looking at political events in diverse nations of the world where educative and important changes took place this week. In Nigeria we look at the fate of the war on corruption in the absence of our sick president as well as the fate of the rule of law, given the current spate of agitation for self – determination which has tasked immensely the legal and political skills of our Acting President, a professor of law in his own right, in the last few weeks. Of course on the global scene, we look at the domestic and foreign twitter antics of the US President Donald Trump as he faces a potential obstruction of justice investigation even as his party, the Republican Party has won crucial bye elections to confirm his popularity amongst those who elected him president, in spite of his media and Congressional travails.

    Thirdly, we look at Saudi Arabia where the reigning monarch changed the royal line of succession by naming his son the new Crown Prince, effectively replacing his nephew who was the Crown Prince till now, and see how that affects the political stability of that leading Muslim nation. Fourthly we look at S Africa where in the face of rampant corruption charges against the nation’s president, a court has ruled that a vote of no confidence can be conducted privately in Parliament against him. We go back to the situation in Nigeria where unity is being threatened by diversity, egged on by allegations of marginalization, injustice and corruption, especially in the judiciary which is expected to adjudicate between the executive and legislature in our presidential political system.

    I intend today to look at the positive side of a rather dismal and discomfiting situation in which the Acting President Professor Yemi Osinbajo has risen graciously and brilliantly to the occasion as a true and gallant ‘Daniel come to judgement‘ in the best tradition of the wise disguised lady lawyer, Portia in Shakespeare’s Merchant of Venice. The Acting President spoke to leaders of Thought in the North and South East which are the areas of agitation for disunity and dismemberment of our great nation and I am happy the governors of the land have assured him that there is no going back on the unity in diversity that has propelled the nation so far in spite of the obstacles of corruption and injustice. In addition let me commend two Nigerian leaders who have shown that God is not finished with Nigeria in the way they have pursued the course of justice and the rule of law in our divesrse nation ridden with insurgency and blatant corruption in very high places. The first is the Minister of Justice and Attorney General of the Nigerian state, Abubakar Malami SAN.

    The second is the Governor of Kaduna state, Mallam Mamman Nasir El Rufai. Without mincing words the two Nigerian leaders in their spheres of governmental and institutional responsibility showed clearly that Nigeria is not a failed state and that government is in place at both state and federal levels to fight corruption, injustice and insurgency. Attorney General Malami won my heart in the way he retorted to charges that he has supported war on corruption half – heartedly by announcing that he authorized the appeal against the discharge and acquittal of the Senate President of all 18 charges related to false declaration of assets at the Code of Conduct Tribunal –CCT.

    Aside from the numerous grounds of the appeal, what I found most interesting was that there was after all, a written statement by the accused, the claimed lack of which was the reason for discharge and acquittal by the CCT. Also interesting was the appeal ground that in assets declaration the onus of proof is with the person declaring assets to prove his declaration and not on his presumption of innocence in other situations in law. The Attorney General described the CCT judgement as ‘unreasonable’ and accused the judge of indulging in ‘judicial rascality’. What our Chief law Officer Malami has done is to show that the prosecution of corruption is not over till it reaches the apex court in Nigeria which is the Supreme Court.

    He has also cautioned all those powerful Nigerians having corruption charges hanging around their neck like the Sword of Damocles, that though the mills of justice may grind slowly in Nigeria, they grind exceedingly fine. In Kaduna state, the governor told a team of Igbo leaders who visited him in his office that Kaduna has always been a haven for all Nigerians and that long ago, the state cancelled the indigene status making it mandatory for all Nigerian to claim citizenship of the state, once they have lived there long enough. More importantly he vowed to bring to law the Arewa youths who asked the Igbos to leave the North, to justice as a deterrent to others that they are not above the law, no matter how long it takes.

    That to me is the spirit of unity in diversity which is our national motto and the antidote to crass insurgency and the orchestrated and insolent whittling of the power of the state to exert its rule and authority all over Nigeria, as demanded by our constitution In the US populism is on a collision with democracy and the rule of law as the US media and Congress prepare to make a charge of obstruction of justice hang on the neck of a newly elected president whose election they say had a Russian connection. Yet Donald Trump’s supporters called FBI boss Comey who admitted that he leaked information with Trump to the media to foment an obstruction of justice names like lizard and liar.

    This was an unexpected charge which the Special Prosecutor appointed carelessly by Trump seemed to have brought into the centre stage to Trump’s acute discomfiture and embarrassment . Yet Trump has campaigned successfully for Republican candidates who have won bye elections albeit in core Republican states. Which is crucial, as Trump would have been written off if these same elections had been lost to Democrats. That simply means that in the US, the merits or otherwise of politics and the law don’t coincide in the public mind and popularity can exist in spite of legal wiretaps coupled with seething media and political animosities. That for now seems to be the fate of the young Trump presidency in the US. Lastly, in both Saudi Arabia and South Africa we see a show of political power and authority as well as a loss of face and authority respectively. The Saudi King Salman in making his son his legal successor and displacing his nephew, has taken nepotism to new heights even for a monarchy in which power is wielded by the one and only one family, the House of Saud founded after the First World War.

    Yet the displaced nephew has sworn loyalty to the son of his uncle and stability is assured in the Saudi political establishment. But it is worth recalling that an even more popular Saudi monarch King Faisal –who ruled from 1964 to 1975 was assassinated by his nephew also named Faisal, who was beheaded for the crime. Which makes the present cohesion in the Saudi monarchy over succession dicey as wealthy princes don’t just suffer displacement easily. Especially in a situation where a 31 year old Prince is placed well above his uncles and nephews in the powerful succession position of Crown Prince to the throne of the Guardian of the Kabbah in Mecca.

    In South Africa President Jacob Zuma must see his approaching political nemesis in the Parliament as payback time for the jolly ride he has had on the back of the popularity of the ruling ANC, the party of the immortal Nelson Mandela . Which really is a shame given the unassailable majority that the ANC has in the South African political system as well as the respect accorded Zuma because he was one of those who suffered in the notorious Robben Island prison with Nelson Mandela, a point of eternal adoration in post – apartheid S African politics. But Zuma has blown everything on inexplicable greed and he must face the music in the S African Parliament and that means total disgrace, albeit out of public view, as he has nowhere to hide. A sad day indeed for majority rule and democracy in S Africa and Africa at large Once again long live, the federal Republic of Nigeria.

  • Former Governor, two others in prison over alleged diversion of N9.69b

    Former Governor, two others in prison over alleged diversion of N9.69b

    Justice Gabriel Kolawole of the Federal High Court in Abuja has ordered that a former Benue State Governor Gabriel Suswam, an ex-Finance Commissioner Omadachi Oklobia and one other be remanded in Kuje prison, following their arraignment for allegedly diverting N9.79billion public funds.

    Justice Kolawole ordered that Suswam, Oklobia and a former Accountant, Benue State Government House Administration, Mrs. Janet Aluga, should to remain in prison pending when they are able to meet the conditions attached to the bail granted them yesterday.

    The three were arraigned on a 32-count charge, in which they were among others, accused of diverting N9,791,602,453.8 meant for the Subsidy Reinvestment and Empowerment Programme (SURE-P) scheme and police reform, between 2012 and 2015.

    The offence was allegedly committed when Suswam was the governor and the other two served in their various capacities.

    When the charge was read to them, they pleaded not guilty, following which their lawyers raised the issue of bail.

    The charge was filed by the office of the Attorney-General of the Federation (AGF) on March 27, 2015

    Lawyer to Suswam and Oklobia – Tawo Tawo (SAN) – informed the court that he has filed bail applications for his clients. He urged the court to adopt the November 10, 2015 ruling by Justice Ahmed Mohammed (before who Suswam and Oklobia are being tried on a separate case) granting bail to his clients.

    Lawyer to Mrs. Aluga, Innocent Daa’gba, also informed the court about a similar bail application he filed on June 8, 2017 for his client.

    Lead prosecuting lawyer, Aminu Alilu, did not object to the applications for bail, but said he preferred to leave the issue of whether or not bail should be granted to the defendants at the discretion of the court.

    Justice Kolawole granted bail to the defendants by adopting, but with little variation, the conditions in the bail earlier granted Suswam and Oklobia by Justice Mohammed.

    Justice Kolawole admitted the three to bail at N250 million each, with one surety, who must be a director or principal officer not below Grade Level 12 of any agency of the Federal Government, state or local government area in any part of the country.

    He said where the defendants cannot find a government official, they are at liberty to present “a person who owns a national honour” as sureties.

    Justice Kolawole ordered that the three defendants should be remanded in prison until the court’s Deputy Registrar (DCR) Litigation verified the documents to be tendered by the defendants and the prison authorities advised to release them.

    The defendant, earlier in the proceedings, rejected a proposal by the prosecution to transfer the case from the Abuja, to the Makurdi, Benue State division of the court. They argued that the state of insecurity, which informed the decision of the prosecution to file the case in Abuja earlier in March, still persists.

    Justice Kolawole has adjourned to October 10 for the commencement of trial.

    Suswam and Oklobia are being tried before Justice Mohammed (also at the Federal High Court, Abuja) by the (EFCC on a separate charge of alleged diversion of about N3 billion proceeds from the sale of Benue State’s shares in some companies.

  • PACAC Secretary: don’t blame NJC alone for corruption in judiciary

    PACAC Secretary: don’t blame NJC alone for corruption in judiciary

    •Banks, Customs should declare assets, says Owasanoye

    Presidential Advisory Committee Against Corruption (PACAC) Executive Secretary Prof BolajiOwasanoye yesterday said the executive must complement the judiciary’s efforts to rid its ranks of corrupt elements.

    He disagreed with PACAC Chairman Prof Itse Sagay (SAN), who earlier said the judiciary was not on board in the anti-corruption fight.

    Sagay had faulted the National Judicial Council (NJC) for recalling some judges accused of corruption, including Justice AdeniyiAdemola, whose case is on appeal.

    Owasananoye believed the NJC’s statement blaming the Ministry of Justice for not being swift in prosecuting the judges had merit.

    Justifying its decision, the NJC said the Ministry of Justice officials failed to turn up to compile and transmit records of appeal in Ademola’s case until the 45 days allowed for the exercise expired on May 22.

    It claimed the Office of the Attorney-General of the Federation only filed additional grounds of appeal last Tuesday, three days after the Council directed the judicial officers to resume duties.

    Owasanoye, in a telephone interview with our correspondent yesterday, said the Ministry of Justice could have done better in the judges’ prosecution.

    He said the onus was on Attorney-General of the Federation AbubakarMalami (SAN) to respond to NJC’s claims.

    Owasanoye said: “Prof Sagay’s comments needs to be taken in context of whatever conversation he was having with the journalists. My view is that it is not only the judiciary that is responsible for the present state of affairs with regards to our prosecutions.

    “The judiciary has taken certain steps. Unfortunately, the Ministry of Justice has not matched them. The statement issued by the judiciary vindicates my position.

    “Clearly, the judiciary has taken certain steps. It was up to the Federal Ministry of Justice to follow through, but those steps had not been taken, and so we have the situation that we have right now.

    “The judiciary has responded to say that the ball is in the court of the executive, especially the Ministry of Justice, to do what it said it was going to do.

    “I totally and absolutely agree with the position of the judiciary. The judiciary has not said they have been completely above board, but they’re saying they’ve made some effort. Can those efforts be complemented? I agree that those efforts need to be complemented.”

    Owasanoye, however, urged judges to show more firmness in the adjudication of corruption cases by not tolerating delays.

    “Once we see that, the stretch – the interminable delays to prosecution should significantly reduce. We want to judges who will no longer tolerate nonsense, such as requests for adjournments for unimaginable reasons.

    “Given the recent statement issued by the judiciary, the ball is in the court of the Ministry of Justice to respond.”

    Owasanoye said there was an existing law which requires banks and customs officials to declare their assets annually.