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Tag: corruption

  • Strategies on using the law to floor corruption

    A  lecture  at the prestigious  Island  Club and the amazing unfolding political   events in Brazil, where  a  former President  has been brought  back  to  the cabinet  by the incumbent president to circumvent a corruption trial,  form  the theme of our discussion  today. The  lecturer  at  the Island  Club  was legal  luminary Professor Itsay  Sagay SAN   and   his given topic was  ‘ How  to fight  and Win  the  War against  Corruption; Challenges  and prospects ‘  which  he changed to  the juicy  and highly  educative  topic – Confronting the  Scourge  of  Corruption.  This  is the  topic  on which  I will  dilate  extensively today given  the very bright light  and hope it generated  in me,   that at least,  there is one man standing,  ready  and willing to use his enormous erudition  and learning  to  sing the death knell of corruption in the current war on corruption embarked  by the Buhari  Administration.

     Professor  Sagay  spoke  in his capacity as  the  Chairman. Presidential  Advisory Committee Against Corruption  and his lecture threw  immense  light  on the  strategies  on  hand by this administration to fight corruption  according to the rule of law, taking great  cognizance  of the challenges and obstacles inherent  in the Nigerian  environment  and context, both  historical  and potential,  and ways  to  see the strategies through to achieve their objectives.  In effect  Professor  Sagay  analysed the issues involved pragmatically, empirically and  practically in such a way  that one can only tremble at  the fate and dire  prospects facing treasury looters caught in the act by this administration  in the priority  it has  set  in using the ant I  corruption war  to sanitise  our economy  and  society by  identifying and punishing those who  have used  public office to loot our common  patrimony  to  feather their own private  pockets while  Nigerians live in squalor  when indeed the country  is  a very  wealthy  national  entity.

    Amazingly, while  Professor   Sagay   was postulating on giving corruption a punchy  legal  upper  cut, sequel  to  a  boxing  knock out   in the Island  Club,  a different situation  that  he  already  foresaw and was warning  against  in his lecture was  unfolding in far  away  Brazil. That  soccer  loving nations’s  president, Dilmar  Roussef  was  appointing her former  boss  and  former   president Lula  da  Silva    to  the same position  of  Chief of  Staff  in which   she served  him so  that   the former   president   would not face charges  for fraud  and money  laundry   that  had  been  brought  against  Lula  and were   widely publicized  in Brazil.

      I  had written  earlier  on this unfolding drama  and  had  commended  incumbent  Brazilian president   Dilmar  for her guts in allowing the charges of collecting bribes from oil  contractors of  Petrobas  against  Lula  to see  the light of day and  wished our own  government had  the same  guts to charge our former  president to court if found   culpable on the  diversion  of money  meant for arms revelations which we have aptly called  Dasukigate. Obviously  not only myself but   Brazilians   and indeed   the whole world  had  been taken  for a ride   by  this  Brazilian lady  President.  She has sworn in Lula  as  her  Chief  of Staff thus giving him  immunity  from  prosecution from Brazilian  federal  courts and prosecution  only by the Supreme  Court. A  court in Brazil  has ruled the position  illegal  but   the Brazilian  president has appealed against  the ruling . What  happened  in  Brazil which  is also  fighting its war  on corruption   is   precisely   what  Professor  Sagay  highlighted  as   a major  challenge to the war  on corruption posed  by very senior defence  lawyers who  use all  their  experience and  knowledge  to frustrate  the prosecution  of their clients  by unethical  methods. One  of such underhand  methods  he highlighted was – political rehabilitation   of accused  by  high profile political appointment and electoral  victory into public  office and –compromise  of the court of the prosecution  or both. This  is what the incumbent Brazilian president has  done in bright  day  light  and Brazilians  have taken to the streets in protest.  But  it is something quite  common in Nigeria given  the ongoing trial  of the Senate president by  the CCT  and  the huge numbers of former two term  governors now  distinguished  senators in our National  Assembly.

     It  is  pertinent  at  this stage to   highlight  the major parts  of the Sagay  Island  Club  Public  lecture on Confronting the Scourge  of  Corruption.  The  lecture  had sections on – The  Negative  Impact of  Corruption; The  Emergence of  President Muhammadu  Buhari  as someone who  has zero tolerance for corruption  and how that has  set the tone of the war  on corruption;  The  means for  combatting corruption namely the ICPC  started  by the  Obasanjo  Administration in  1999 and  provided  a legal  framework called the Corrupt  Practices  and Other  Related Offences  Act  in  June  2000;  the  EFCC established in  2000; the  Code  of Conduct Bureau  and  Tribunal in 1989; the  Code  of Conduct  Tribunal and the Presidential  Advisory  Committee  Against  Corruption – PACAC in August 2015.

    The   Duties  of the PACAC  headed by Professor  Sagay include  the following – promotion of the anti  corruption struggle by  developing comprehensive interventions  in Nigeria’s  Administration  of  Criminal  Justice  System; Engendering Inter Agency  Cooperation and  Information  sharing; promoting the  efficiency and  effectiveness of the anti corruption  agencies; Examining the workings of  the present system of the Administration  of Criminal  Justice;  Seeking to put an end to all  orders of  Perpetual  Injunctions  against the investigation, interrogation, arrest and  prosecution of anyone  for corruption with  the objective that such  persons must defend  themselves in court and  such  cases must go through  the full trial  process;  the  lifting of all  existing injunctions protecting anyone from  investigation, interrogation, arrest and prosecution for corruption;  and revisiting  outstanding cases  of egregious corruption and  impunity which  have  been  stalled or  suspended.

    PACAC   has  a four  point strategy to  achieve its objective and ensure that the  Administration  of justice  achieves its anti  corruption war objectives. These  strategies  are efficient investigation, effective  prosecution, speedy  adjudication  and  effective  sanctions. The  lecture  also  identified a  National  Anti  Corruption  Plan, Assets  Recovery,The  Recovery  of Public  Property ( Special Provisions Act  2004 ), and  The Administration  of the Criminal  Justice  Act  of 2015.

    With regard  to  effective prosecution, the Professor  called for the prosecution  of any  person who  has compromised  the prosecution process either as a judge, a prosecutor  or investigator and  that  such  people  should  be jailed if found guilty. He  highlighted in particular  a set  of consultants called  specialists  who  are retired  judges at all  levels -high court, Court  of Appeal or  Supreme  Court who  make  themselves  available  to corrupt  judges. He  asked that such  people  should be jailed  if found culpable.  All  of  them, he  averred, SANs, Consultants  and  judges who  compromise trial  proceedings need  to be charged,  prosecuted and imprisoned if found guilty.  According to  Sagay – a  few  cases of imprisonment of this category of unpatriotic  Nigerians is necessary for  honour and integrity  to return  to the judicial  process. I  cannot  agree more.

    However, it was  in the question and answer  section  of the lecture  that Professor  Sagay  proved  his mettle  and  commitment  as  an  unrepentant  anti  corruption  warrior,  both within and without Nigeria’s  temple  of justice. To  the plea from a questioner  that the government should  concentrate more on improving  the plight of Nigerians   rather   than the war  on  corruption, the professor admitted  he was fed up with such  suggestions which betrayed  that that  those  holding such views  could be corrupt too. On  a view that  judges were poorly  paid he countered  that that was not  sufficient excuse  to be corrupt  as judges know their salaries  and  should  live within  their  means.  On  the view  that  the EFCC  was  slow he explained  that the volume  of revelations  from on going statements by suspects  has  created   a huge number  of inter related frauds and new  cases  that the EFCC has  had  to take  on. On  going  back to past  governments   on  the anti  corruption war he  said  that was not  feasible  as there  was  enough on the plate  already with the sordid  level  of  revelations of   corruption  of the last  administration.

    In  spite  of  his strong  convictions I found  it unbelievable  that Professor  Sagay  was against capital punishment for  corruption  as widely canvassed  by  commentators  at  the lecture. He  simply  dismissed it by saying once a  man  was  dead that was it.  All  the  same  I  found it commendable  that he recommended  for use in the fight  against corruption  the adoption  of Decree No 3  –                    Recovery  of  Public  Property    of 1984  promulgated  by  the present Head  of State  when  he was  a military head of  state.  This  is because the  decree   which  is still  valid  stipulates prison  sentence   up   to  21  years  for corruption as against  our present laws  which  stress seizure of assets which  he  said   is not deterrent  enough .

    The  Island  Club Public  Interest Symposium is  an  initiative  of the Club’s  Chairman the  ebullient Dipo  Okpeseyi  who  revealed at the lecture that he was a student of  the lecturer . The  Chairman at the lecture was  the legal  sage and former  Supreme  Court judge Justice Sola Oguntade who  showed  a bias  for picking lawyers at  question time as if anti  corruption war  was  an all lawyers  affair which  is a fallacy that could provoke another war this time not on corruption but  against  discrimination in favor of lawyers von  such  matters .  Any way  I was aggrieved as I was not  called to ask  any question  at  the event  even though  I had my hand up  like  a flag  all  the time . Again  I   doff my  hat to the brilliance  and commitment of   a Nigerian Professor of law  to  the all  important war  on corruption and  the hope  it holds for all  similarly committed and patriotic Nigerians.  Once  again  long live the Federal  Republic  of  Nigeria

  • Corruption, obstacle to economic growth – Sagay

    Corruption, obstacle to economic growth – Sagay

    Prof. Itse Sagay, Chairman, Presidential Advisory Committee Against Corruption says corruption is an obstacle to economic growth, development of the country.

    “It is also an obstacle to the eradication of poverty, improved life expectancy and improved livelihood of all Nigerians ‘’.

    Sagay said this at the 2nd Public Interest Symposium titled: “How to Fight and Win the War against Corruption; Challenges and Prospects”, at the Island Club, Lagos.

    According to him, corruption is the cause of the country`s low human development, as well as responsible for poor policy choices.

    He noted that the direct result of this was the execution of white elephant projects, mass unemployment and general misery and wretchedness of the masses.

    “Nigeria has been turned into the butt of jokes at the international community, for declaring itself the largest economy in Africa, while harbouring the poorest population in Africa.

    “So, we live in this paradox. Nigeria is rich; Nigerians are poor,“ Sagay noted.

    He said that President Muhammad Buhari had marked a turning point in the fight against corruption, whereas, previous administrations seemed to be have paid lip service to it.

    “The eradication of corruption is a major plank in President Buhari`s camp and as soon as he assumed office, he became the indicator for public conduct in the management of our resources.

    “Apart from Buhari`s unimpeachable integrity and known intolerance of corruption, which he has demonstrated since 1983, the various Anti-Corruption Agencies that had earlier had gone to sleep, have suddenly `roared back’ to life.

    “We are presently witnessing the dynamism of the EFCC under a new leadership and that of the Code of Conduct Bureau in recent months. The ICPC is also manifesting some resurgence in its activities,’’ he said.

    Sagay said that the major weapons established for the war against corruption were the Anti-Corruption Agencies (ACAs), — the ICPC, EFCC, the Code of Conduct Bureau and the Code of Conduct Tribunal.

    “However, there are other anti-corruption bodies like the Nigeria Police Force, the Nigeria Drug Law Enforcement Agency and the Bureau of Public Procurement, who are also engaged in combating corruption”.

    He said that the fight against corruption were numerous, however, some of these arise from poor standards of investigation and prosecution.

    “The prospect of effectiveness in the prosecution can be improved upon by prosecuting any person or persons who have compromised the process, be it a judge, a prosecutor or an investigator.

    “By identifying and selecting judges of the highest integrity, who have passion for justice and can never be compromised by financial blandishments, to form the core of judges,’’ he said.

    Earlier, the Chairman of the occasion, Oladipo Okpeseyi SAN and current Chairman of the Island Club said that they floated the public lecture series in order to identify specific areas of interest in the society needing urgent individual and government attention.

    He also noted that maiden edition, which was held in September 2015 had a theme, “Nigeria’s War on Terror: How to Fight and Win’’.

    The event, which was to start at 1pm on March16 had to commence later in the day.

     

  • PMB: Don’t we need to tackle these corruption pillars right away?

    President Buhari’s War on Corruption is starting a revolution in our land. Of course, most Nigerians are still sceptical, but the President’s resoluteness is gradually building trust, and even excitement. It is becoming believable that large numbers of the leading citizens of our country are likely to hear the prison doors slam behind them – for abusing our people’s trust and brutalizing our country. Panic is growing among the most influential and most powerful men and women of our land, and the euphoria of owning enormous bank accounts (and cash warehouses) of stolen public money has turned into a nightmare.

    But how can the war against corruption be possibly won if certain factors in our practice of politics remain unchanged? I refer to the use of huge amounts of money by our politicians in all aspects of politics. We have reached a point where every politician must somehow bring incredible amounts of money into politics, and spend incredible amounts on politics on a daily basis, with the assurance of earning bountiful profits therefrom. Politics is no longer about serving the people and the country; it is about money – about being able to find the money to stay in the game, and about coming out at the end with indefensibly large fortunes.

    Things were not like this before – at least, until as recently as the last years of the 1990s. When my people sent for me to come home from University College Ibadan in 1964 to stand election to become their representative in the Nigerian House of Representatives, they knew that I was only a Graduate Student and that I had no money, and indeed no assets, anywhere (besides a used Volkswagen Beetle which I was using for my Ph.D. research).Yet, when I sent back home to say that I could not face an election because I had no money, they got angry with me – and they forgave only when I went home, penitently apologized, and surrendered to their will. They said I didn’t need any money – and I hardly spent any. Yet, I was winning the final contest very grandly until the party I belonged to decided that we should boycott the election because of the massive rigging going on in some other parts of Nigeria. In 1979, I won the election to the Nigerian Senate with almost no money. In 1999, one my young close friends won election to the position of governor upon only a meagre budget. These experiences were by no means unique; they were more or less general.

    Unhappily, things have changed totally in the past 15 years. The whole electoral process has become so viciously corrupted and monetized that no politician can now win his party’s nomination without vomiting a whole fortune, and every candidate for the final contest in any election must borrow or steal enormous fortunes to be competitive at all. One of my”sons” had to borrow N450 million to win a senatorial seat. Another worked through his businessman brother to raise N700 million, mostly by borrowing, to win a senatorial seat. One father in a South-west state is said to have sold his house to help his son win his party’s gubernatorial nomination. Unfortunately, his son lost to another candidate who could wield a larger arsenal of cash. These experiences are by no means unique; they are common in virtually all parts of Nigeria.

    The typical Nigerian elected public official (at federal, state or local government level) is therefore not a public servant at all. He is a greedy, money-grubbing, money-stealing, monster. He is desperately driven by the urgency to pay the debts he contractedfor gettinginto the position he occupies – and then return home stinking rich. This is his real full-time job; his duties as a legislator or executive public official are, quite often, entirely secondary. And this is a very major pillar of Nigeria’s public corruption. It is the reason why members of the Nigerian government at all levels go to great inventiveness to find ways to get big shares of public money. It is also the reason why they must give their subordinates and officials sumptuous accesses to public money. In effect, the Nigerian president, governor or local government chairman is a coordinator and purveyor of theft and corruption. Nigerian legislators must claim a phoney “sovereignty” for the legislative body they belong to – because they need to be able to corner off much of public money for sharing among them. It is in this way that corruption became the foundation of Nigeria’s culture of governance.

    But that is not all. As the widely impoverished Nigerian populace became aware of the great wealth being stolen by their public officials, they gradually became adepts at taking some share of the stolen money. Every public official is therefore forever confronted by his constituents for money and financial support – money for basic feeding of their families, for paying children’s school fees, for paying hospital bills, for meeting funeral expenses, wedding expenses, travel expenses, ritual expenses, etc. Among the impoverished elite, most have learned to live (and even to become rich) on “dignified” handouts by public officials. As for the impoverished masses of the people, there is no time or place for dignity – and their demands for money from their public officials can often be quite brutal. A local party dignitary forced his legislator to buy him a used car; four weeks later, he was furiously angry with the legislator – because the legislator had meanwhile not given him any money for four weeks! It is that brutish.

    Still, that is not all. Political meetings are the main vehicle of the democratic political process, and such meetings are supposed to be gatherings of independent citizens coming together to consider the affairs of their groups or parties, communities, districts, states or country. But in the sickening slush that Nigerian politics has become, political meetings have become big money affairs. The party or leader or representative that calls a meeting must now put up enormous amounts of money to underwrite it – in various handouts to each person who comes: travelling money, feeding money, lodging money (if the meeting spills from one day to the next), pocket money to return home with. Nigeria hardly ever experiences today the kind of political meetings that my generation of political activists knew –gatherings of independent and self-supporting citizens, proudly coming to hear, express their minds, and contribute. Even the smallest political meeting of today demands a mighty budget and puts a big financial burden on the politicians.

    So, each politician or elected public official spins constantly in a whirlwind of frenetic material and financial demands and, therefore, his need for stolen public money becomes larger and larger and more and more pressing. It is to be wondered how our present legislators are coping with the changed situation being created by the Buhari War on Corruption. These men and women entered, as usual, into huge debts to win elections in 2014 -15, hoping to have access as usual to vast amounts of stolen public money. But now the Buhari revolution is frightening people away from stealing and sharing public money. How will these men and women fare?

    In summary, the Buhari presidency must delve right-away into this problem of political monetization with a view to curbing it. Otherwise, it will be impossible to carry through with the War on Corruption. In many countries, there are laws controlling and limiting electoral expenses, and laws making it compulsory for electoral candidates to disclose to the electoral officials the money they have raised for elections (and the givers) as well as the accounts of their electoral expenses. In many countries also, the amount of money anybody can give to a politician or public official, or to an electoral candidate, is stated under the law. And in many countries, it is a crime for an electoral candidate to give any money or gift to potential voters. I am not necessarily advocating any particular law. All I say is that we cannot possibly leave our present situation unchanged while claiming to be fighting a War on Corruption. President Buhari needs, urgently, to act about these realities.

  • Corruption war: Woman donates pension to Buhari

    A pensioner, Mrs. Rose Arabameh Julius, has donated her monthly pension of Ten thousand naira (N10,000) to support the Buhari administration’s war against corruption.

    Mrs. Julius,  who retired as a cleaner from the Lagos University Teaching Hospital, also promised to contribute N1,000 every month out of her pension towards the rehabilitation of Internally Displaced Persons.

    She said that she was making the donation because she was convinced that President Muhammadu Buhari is a tested man of integrity who can  be trusted to restore the lost glory of Nigeria and drastically curb corruption in the country.

    According to a statement signed by Abiodun Oladunjoye on behalf of the Special Adviser to the President Media & Publicity, Femi Adesina, the pensioner also commended the President’s efforts to end the Boko Haram insurgency and rehabilitate internally displaced persons.

    Receiving the donation on behalf of President Buhari, the Special Adviser to the President (Media & Publicity), Mr. Femi Adesina thanked Mrs.  Julius for her faith in the Buhari administration.

    “We have a pact with Nigerians to change things for the better and we are on the right track. President Buhari and his team are working tirelessly to  revamp the economy, combat terrorism and curb corruption,” Adesina said.

  • Magu to Nigerians: Shun corruption

    Magu to Nigerians: Shun corruption

    Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Mustafa Magu has urged Nigerians to shun corruption at all strata, so as to help and support President Muhammadu Buhari’s administration realize its dream of rebuilding a country that is based on equity and justice for all.
    Magu in a parley with journalists at the conference hall of Nigeria Union of Journalists (NUJ) in Kano also stated that the three arms of government have shown serious commitment in the fight against corruption.

    According to him, “we now have the appropriate leadership that with the appropriate political will to fight corruption. All the three arms of government are ready to fight corruption. Support us so that our children and posterity will enjoy this country.

    “We are creating awareness so that people will know the evils of corruption. I expect you to monitor us. Monitor me from the outside. I welcome criticisms, whether they are constructive or unconstructive. I don’t like people praising me while doing my job. Tell me what is wrong and I can correct it.”

    The EFCC boss who refused to entertain questions from journalists agreed that Buhari’s administration has realized huge amount of stolen funds from past corrupt leaders, adding that the current administration will not be deterred by any forces in its resolve to tackle corruption and corrupt leaders.

    Magu also stated that EFCC has solicited the support of local musicians and entertainers to carry the message the war against corruption to the door-step of every Nigerian.

  • Shun corruption, former NSCDC Commandant charges men

    Shun corruption, former NSCDC Commandant charges men

    The former Lagos State Commandant, Nigeria Security and Civil Defence Corps (NSCDC) Mr Gabriel Abafi, on Tuesday urged members of the outfit to sustain its zero-tolerance to corruption.

    Agbafi, who retired from the service, spoke during his pulling-out parade on Tuesday in Lagos.

    ”I urge you all to work together and sustain zero tolerance to corruption so as to continue projecting the image of the corps,” he said.

    Agbafi thanked NSCDC officers and other sister agencies for the maximum cooperation achieved under his watch as the Lagos State Commandant of the corps.

    He also urged them to give his successor more support to carry out his duties successfully.

    Responding, the new Lagos Commandant, Mr Tajudeen Balogun, promised to sustain and improve on his predecessor’s achievements.

    He said that he would strive to take the corps to greater heights.

    Balogun was formerly the Osun State Commandant of the NSCDC.

    The News Agency of Nigeria (NAN) reports that ‎the pulling-out-parade was attended by the Lagos State Commissioner for Home Affairs, Mr Akeem Abdulateef, who represented Gov. Akinwumi Ambode, among other dignitaries.

  • Corruption: CCB, security agencies begin discreet profiling of judges, workers

    Corruption: CCB, security agencies begin discreet profiling of judges, workers

    Security agencies are probing accounts and assets of some judges –  as part of measure to clean up the Judiciary – The Nation has learnt.

    The Code of Conduct Bureau (CCB) is also part of the “discreet” exercise, which will examine the investments of the spouses of such judges.

    No fewer than three judges have been reported to the National Judicial Council (NJC).

    The profiling of the judges by security’s agencies  began about two weeks ago, a source said.

    The CCB specifically directed judicial officers to “declare their assets or face prosecution if they defy the directive”.

    Some of those affected were alleged to have had unethical allegations against them over the years.

    It was learnt that some of them had wielded influence to avoid reprimand or sanctions by Judicial authorities.

    One of such judges made a fortune from “curious injunctions and rulings” during the countdown to the 2011 general elections, the source claimed.

    It was also gathered that a former Chief Justice of Nigeria once threatened to jail a Chief Judge after receiving report on his “sharp practices”.

    The judge has remained in office after going underground to allow the ex-CJN complete the statutory tenure.

    A source, who spoke in confidence, said: “Some judges are currently under investigation by security agencies. These agencies are looking into the assets of these judges and Judicial officers.

    “Some suspicious accounts of these judges and judicial officers and their relations are also being identified. There are some using their spouses and friends for high-profile contracts and investments.

    “The outcome of the profiling may lead to the purging of bad eggs from the Bench.

    “The CCB about two weeks ago sent a directive to all heads of courts, demanding update of Assets Declaration Forms by Judicial officers and workers.

    The CCB said failure to comply with the directive might attract sanctions in line with the relevant provision in the 1999 Constitution.

    “The Bureau shall have power to  receive declaration by public officers made under paragraph 12 of part 1 of the Fifth Schedule to this Constitution.”

    “Examine the declarations in accordance with the requirements of the Code of Conduct or any law.

    “Retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe.

    “Ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct or any law relating thereto.

    “Any statement in such declaration that is found to be false by any authority or person authorized in that behalf to verify it shall be deemed to be a breach of this Code.

    “Any property or assets acquired by a public officer after any declaration required under this Constitution and which is not fairly attributable to income, gift or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.”

    “Receive complaints about non-compliance with or breach of the Provisions of the Code of Conduct or any law in relation thereto. Investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal.”

    As at weekend, investigation confirmed that the number of judges reported to the National Judicial Council( NJC) has increased to three.

    A source in NJC said:  “From what was submitted to NJC, three judges are to be investigated. The number can increase depending on security reports.

    “We already have a case of His Lordship, Honourable Justice M. N. Yunusa who was alleged to have been bribed with N225,000 by a Senior Advocate of Nigeria(SAN), Mr. Rickey Tarfa.

    “All these judges will go through normal processes with the NJC. They are presumed innocent until the allegations are otherwise proven against them.”

    The NJC and the President are empowered to determine a judge’s fate in line with the process outlined by Part I, Paragraph I, Section 21(b) of the Third Schedule to the  1999 Constitution (as amended) and  Section 292(1)( a)(i)

    Part I, Paragraph I, Section 21(b) of the Third Schedule to the Constitution reads: “For the avoidance of doubt, the said Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution provides that “the NJC shall have power to recommend to the President the removal from office of (the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, and the Chief Judge and Judges of the Federal High Court) and to exercise disciplinary control over such officers”

    Section 292(1)( a)(i) says: “A judicial officer shall not be removed from his office or appointment before his age of retirement, except in the following circumstances (a) in the case of the Chief Justice of Nigeria,  the President  of the Court of Appeal, the Chief Judge of the Federal High Court, Chief Judge of the  High Court of the Federal Capital Territory, Abuja, Grand Khadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President( of Nigeria), acting on an address supported by two-thirds majority of the Senate, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct.”

  • Punishing and preventing corruption

    Punishing and preventing corruption

    The current system that feeds states and local governments with monthly allocations is not only unsustainable; it also promotes corruption, just as keeping so much money with the central government that has very little direct responsibility to citizens and communities encourages corrupt behaviour on the part of morally weak individuals in public service.

    From all appearances since his emergence as president, General Buhari has kept to his promise to fight corruption. It is already part of the nation’s urban folklore that he and the EFCC chairman cried when they first saw mountains of data pointing at corrupt acts in various sectors of the polity. Understandably, President Buhari does not seem to have enough time or space to get corrupt individuals punished, largely on account of the ubiquitous nature of venality in the preceding administration of President Jonathan. It is, therefore, not fair to accuse him of not talking about how to institutionalise ethicality in governance and socialise the population into a culture of honesty in public service.

    Given the frequency and magnitude of corrupt acts unearthed so far, nobody can blame the Buhari administration for not announcing already details of its vision and mission about how to create a governance and public culture that is devoid of venality. Many citizens who thought that Transparency International was being racist or anti-African for ranking Nigeria one of the most corrupt counties in the world for several years must, after hearing of the various types and levels of corrupt acts only in the last six years, now feel ashamed. So must those who criticise masters of ceremonies who spice party talks with tales of corruption in the country have realised that reality can be more unbelievable than fiction. The reality, as reflected in media reports, is that too many of those who get to the corridor of power as political appointees and as administrators in the nation’s public service are morbidly corrupt.

    It will be no exaggeration for anyone to think that it is mainly kleptomaniacs, those who steal compulsively or pathologically, that are more prominent in public service than those who are honest. How else is an average citizen to view the news of heinous crimes of stealing that cut across the public sector, from the executive to the legislature and the judiciary? In other climes, the frequency and magnitude of stealing by political appointees and public servants would have called for intervention of psychiatrists. When an individual in charge of managing an office chooses to steal the funds for managing such office in order to buy outlandish luxury items, as many of those already accused of looting the treasury have done, it should be difficult for non-psychiatrists not to feel that stealing must be in the DNA of such individuals.

    When a former senior civil servant friend of mine remarked with noticeable seriousness in his voice and on his face that should Buhari choose to detect and punish every act of corruption in the public service he would not have time for anything else, most of us within earshot felt depressed about the quality of people who get into public service as politicians and professionals. More importantly, I also believe that President Buhari must not only worry about the corrupt people of today; he must give attention in his initiatives on corruption to preventing the grooming of new thieves of state as politicians or civil servants.

    Pundits have already started showing the way toward grooming a new breed for public service. The government has been asked to pay attention to moral education in the country. President Buhari is being asked by many commentators to overhaul the curriculum with the aim of emphasising moral education than hitherto. What has been left out of suggestions for a new culture of probity in public service is the subscription of many parents and teachers to the culture of corruption and impunity. Parents who are corrupt and also show their children and wards evidence of proceeds of their corrupt acts are not in any good position to raise morally respectable children. Teachers who ask for various forms of bribe from parents of their students or from the students can only be examples of teachers not needed for the new curriculum, until such teachers are re-educated. One thing that is reassuring about ‘Ethical Revolution,’ to borrow a phrase beloved by NPN politicians of old, is that Nigeria has not always been like this. There used to be a time even here in Lagos in the early 1960s when newspaper vendors could leave their newspapers in the open to allow them run after moving cars without any fear that buyers would fail to drop money for the number of papers they took.

    As human beings, children can, more than adults, be re-oriented to know and accept that stealing is not good, regardless of the religious sensibility of such children and their parents. Punishing dishonest adults can also serve as a great deterrent to young people. The president’s men must give more thought to promoting moral values among children in particular and adults in general. It is a sociological fact (that may not be as Hobbesian at it may sound) that rules and punishment for violation of rules keep many people out of crime. According to a Yoruba proverb, “Gbogbo eniyan ni ole bi ile baa da,” meaning human beings are likely to steal if there are no rules and rule enforcers. In other words, an atmosphere of impunity encourages venality. The growth in the culture of impunity in public life in the last sixteen years or more must have induced the recklessness of thieves in public service, to the extent that the most recurrent topic among citizens today is corruption of men and women in power.

    One area of intervention that is not being emphasised in the media is institutional re-engineering. If so much moral decay has been exposed within six months of the Buhari regime and only in relation to the federal government, the national embarrassment would be much more pronounced if EFCC also becomes active about investigating corruption in states and local governments of the country. Apart from Lagos or perhaps Abuja, media presence in the states and local governments, like the presence of anti-corruption agencies, is negligible. There is no reason to believe that the Nigerians in the public service of the states and local governments are morally superior to those in the federal service. Given the fact that over 50% of the nation’s earnings is kept with the federal government, it is likely that more funds may be stolen at this level of government than in others. But should EFCC searchlight be beamed at the subnational levels of government, there is no chance that the embarrassing acts of senseless looting of nation’s resources will be any less than what we read about every day in the media.

    It is, therefore, imperative for the Buhari government to pay special attention to the structure of government in the country. The current system that feeds states and local governments with monthly allocations is not only unsustainable; it also promotes corruption, just as keeping so much money with the central government that has very little direct responsibility to citizens and communities encourages corrupt behaviour on the part of morally weak individuals in public service. The history of a federal system in which the constituent parts live almost solely (except Lagos State) on transfers from the central government is too obvious to be rehashed here. It came into being during the military era when the dominant philosophy of government was over centralisation and subordination of federating units and at a time when those in power believed in the omnipresence and omnipotence of revenue from petroleum. Creating mini/local governments and running them with regular allocations from a central purse limited the imagination or creativity of most governors and LG chairmen. This military policy also directly or indirectly encouraged corruption and lack of accountability at the subnational level, just as it did at the central level. The result of funding governance from rent collection now stares all of us regrettably in the face.

    Returning the culture of self-reliance and accountability to every level of government is one way of discouraging corruption. The current system of sustaining states and local governments with funds from non-renewable minerals– whether liquid or solid– needs to be reviewed as President Buhari gets to his promise to “entrench true federalism and the federalist spirit in the constitution.”

  • Corruption and the rumble in the jungle of justice

    Ibrahim  Magu, the acting Chairman of the  EFCC is  the anti corruption czar  of  Nigeria and  the helmsman  of the new government’s war  against corruption. This  week he unmasked himself as a man ready to die in the fight against  corruption  because corruption ruins any society with impunity and must be stopped by all means. Let  me state clearly here  that  I not only  believe him, I admire his courage  and pray  that he does not die in harness. Which means that he does  not die in the course of his duty and to ensure that,  I  feel,  is the duty  and  responsibility  of all right thinking Nigerians.  It   follows  therefrom,   ipso facto   that he utterances  of the Nigerian anti  corruption czar this week  form the kernel  of our discussion  today.

    As  reported widely  in the media Ibrahim  Magu accused Senior Advocates of  Nigeria – SANs-, and  journalists  of trying to sabotage  the war against corruption by blackmailing the EFCC by accusing it of selective prosecution  and violating the rule of law in prosecuting those  being arraigned on charges  of  corruption.  He reportedly  said that SANs  are being paid from  the proceeds of corruption  which  are   invariably used to pervert the course of justice when  judges are bribed on the  corruption cases before them. The  anti  corruption  czar  went  on to accuse  journalists of taking bribes to write against  the EFCC   and by  accusing the body of selective prosecution  and flouting the rule  of law.  Magu  went on again to stress  that his organization does its home work well before dragging suspects to court and has not violated any rules in the fight against  corruption.

    He  cited boldly the case involving a  SAN accused of obstructing the course  of justice in which 113  SANs  showed  up  in court where only one of them  appeared before the judge and in  which the  EFCC defeated the armada of SANs in court on that case.   There is therefore  no  doubt  that the EFCC boss is mad at both SANs  and journalists  as  stumbling blocks or road  blocks in the fight against corruption which must  be confronted and dismantled  all costs.

    Again  I agree  totally with  the EFCC boss  that  such  journalists and  SANs  should  be dealt  with  if they  are doing such  nefarious and odious things like shielding treasury looters and corrupt  people. But then,  the  EFCC  boss must  be told that   bluntly   that he is committing a fallacy of generalization in  making  such sweeping statements. This  is because in reality  not  all SANs  are  corrupt and not  all  journalists  are  corrupt  too. In addition the  EFCC needs  to  adopt  a strategy  of collaboration rather than  one of confrontation which appears  to be his working strategy  for now and which is exacting a price akin to that of a suicide  mission. I  will elaborate.

    The  law, anywhere,   operates in the temples of justice which  are the courts spread  over our  towns  and cities   spread  all  over Nigeria. The  way  the EFCC boss  has spoken  about SANs  and lawyers in the fight  against  corruption  informed my calling the courts a jungle of justice instead of  temples  and  that is an unfortunate  development in the fight against corruption. It  is unfortunate  in that the EFCC  cannot  operate outside the courts in the fight against  corruption simply  because  that is the nature of our  judicial  system  and the rule  of law. The judiciary is the third arm of government and is equal in power to the executive which the EFCC  represents, and  the legislature. The  judicial  system includes the judges, the Lawyers, including SANs – 113  of which the EFCC boss  says  are ganging up against the anti  corruption war. This  is  a division in the house  of justice and it   is an extravagant  waste of energy. There must  be synergy between the EFCC, the  legal profession and judges for the war against corruption  to succeed. They do not have to agree as litigation is about disagreements and disputes but  they  must all  be devoted to the pursuit of justice and  constitutionalism.  Anything else is dissipation of energy and does  not help the fight against corruption when justice is delayed and made too expensive in terms of time  and money.

    While I  will not  hold  brief for both SANs  and  journalists  on the charges made against them I  cannot  resist a rare  opportunity to make  some  observations on the two very  important professions especially  in the fight against corruption. Let  me start  with the SANs  where  I  think  the EFCC boss mistook  a solidarity  or class issue  for conspiracy.  I  think  the way  so  many SANs  showed up in court was not necessarily to fight EFCC or to intimidate the court.

    But  the SANs  are  Nigerian  enough to  know  that such a show of solidarity could be interpreted as  judicial  blackmail.  No  SAN certainly is above the law and that is what the EFCC has  boldly shown and that is quite  commendable.

    On  the allegations that SANs benefit from  the proceeds of corruption I leave it to SANs  to defend themselves  on that. One  thing is certain  though. Lawyers  and SANs  live  on the briefs  they get and  in the Nigerian  context  there  is a lot of  money flowing  from those fleeing from the strong arm of the war against  corruption.  All SANs  need to do in the name of transparency and  show of integrity in the fight  against  corruption is to publish their clients payments on the anti  corruption  cases  and  the taxes they have paid. I am  sure that  Nigerians would  appreciate such patriotic and salutary gesture immensely  as we pursue the fight against  corruption.  It  would  certainly show on which  side of the law our legal luminaries  are in the fight against  corruption.

    With  regard to the charge  against journalists, I  think  Chairman Magu was exaggerating as both  need to work  together  against corruption. That  does not mean there should be media trials which means suspects  are condemned before court trials. That is not fair.

    While I agree that the odium or stigma  of stealing should be used to deter people from  stealing that should be used as a means to an end and not the end itself. Magu  admitted this as much when he lamented that Allison Madueke’s  aide  had  been in their  custody  for three days and he wondered how he had managed the publicity.  What publicity? Obviously the bad news that the man  was in EFCC custody.

    Which  means that the  EFCC expects, as a matter of course that any news of arrest must be front page news. If  the  suspect is found guilty in court that is quite okay.  If  not,  that is media trial and that is unfair  because our law presumes a man innocent until proven  guilty. The  war on corruption needs to  be pursued  with this in mind and journalists  don’t  have  to take bribes  to point this out anytime, anywhere. Indeed  journalists don’t  have to agree or endorse  everything government or EFCC does  in the fight against corruption as long as they  are  committed to  the fight. Which really  is their  responsibility as the Fourth  Estate  of the realm, the meaning of which I urge the EFCC  boss to find  out before his next  outburst.  Again  long live the Federal  Republic of Nigeria.

  • IGP vows to end bribery among Police rank and file

    IGP vows to end bribery among Police rank and file

    The Inspector General of Police (IGP) Solomon Arase has sworn to remove all elements capable of leading policemen into bribery and corruption which has been bringing the force to disrepute in recent times.

    Speaking in Umuahia while addressing officers and men of the Abia state police command at the police headquarters, Arase said that the Nigerian police force should be one that Nigerians should be proud of.

    Arase said that every policeman in the country ought to dress appropriately with a certain carriage while on duty in order to elicit respect and confidence among the public.

    The IGP said that he is prepared to ease the sufferings of the junior officers through improved welfare packages such as promotions as and when due, scholarship awards to their children and ensuring that all their emoluments and allowances are given to them.

    Arase said, “You are the ones who stand on the road to ensure security, stay late in the offices, tell me what don’t you do, there is every reason for you people to be catered for to discourage corruption and enthrone integrity in service.”

    The IGP said that he is proud to be a policeman and advised his officers to cooperate effectively with their immediate environment in order to make their job easier.

    Arase also advised the policemen to always analyze situations before taking actions to be able to identify and differentiate between criminal and civil matters and handle them accordingly.

    In his response the Commissioner of Police [CP] in the state, Joshak Habila, appealed to the IGP for another area command in Abia North senatorial zone of the state to meet up with security challenges in the area.

    Habila said that the command has recently encountered challenges in the agitations by MASSOB and IPOB but stated that they have handled them effectively without any problems.

    He informed the IGP that the state government has made available a large expanse of land with certificate of occupancy for the construction of housing estate for policemen in the command.