The Nation Newspaper

Tag: corruption

  • ‘Corruption hampers tax system’

    Nigeria cannot justify increasing taxation without clamping down on corruption in its tax system, President of Trade Union Congress (TUC), Bobboi Kaigama, has said.

    Speaking at a national summit in Abuja, he said companies avoided corporate income tax and privileged Nigerians avoided paying personal income tax, denying Nigeria money that could boost its revenue.

    Kaigama said the only people paying tax is the working class whose taxes are deducted at source before banks deduct transaction charges and never really see the true figure of their salaries.

    President of the Chartered Institute of Taxation of Nigeria, Mac Anthony Dike, said skewed administration of tax policies and laws had reduced burden of direct taxation but stagnated indirect tax.

    He particularly said value added tax had been bastardised because restrictions imposed by VAT were flouted. The restrictions forbid deduction of VAT on fixed assets until they are sold and insist on full consumption.

    Dike said Nigerian needs to continue to assert its tax system to ensure no one is left behind. “I will support an increase in VAT provided we remove these bottlenecks that distort the picture,” he said.

  • IBA President to lawyers: Fight judicial corruption

    IBA President to lawyers: Fight judicial corruption

    International Bar Association (IBA) president David Rivkin has urged lawyers to intensify the fight against corruption in the the judiciary.

    He spoke at a showcase session on judicial corruption during the IBA conference in Vienna, Austria.

    According to him, corruption is often viewed as the biggest obstacle standing in the way of peace, stability and human rights.

    He said corruption can be detrimental to an individual or organisation’s reputation and credibility.

    Rivkin said when corruption has spread so far as to infect even the judicial system, then its fundamental role to be fair to all is compromised.

    To him, a judge who has taken a bribe or has in any way obstructed the course to justice for any party, cannot be considered independent or impartial.

    “The problem is worsened when the manipulation comes from a higher power, such as the government. This creates an environment which fosters further corruption.

    “Objectivity and neutrality, the two most central principles to the rule of law itself, no longer exist and fundamental human rights are, by definition, violated.

    “The IBA has a particular responsibility to combat judicial corruption. It can be effective in ways that others cannot.

    “It has done a lot over the years in the wider fight, but we have not focussed on the government side before, and that’s especially important.

    “With 55,000 individual members and 195 bar associations and law societies around the world, the IBA has a unique grasp on the global legal community,” he said.

    He said the association is also making efforts to rid the judiciary of corruption globally.

    In February, IBA launched the Judicial Integrity Initiative as one of the key priorities of Rivkin’s two-year tenure.

    It has been working with the Organisation for Economic Co-operation and Development (OECD), the Basel Institute of Governance and various other anticorruption committees.

    In London in February and Singapore in March, the IBA organised a series of high-level discussions with prosecutors, civil society organisations, leading lawyers and business executives.

    Rivkin said: “Other countries are also taking action in the fight against judicial corruption.

    “Several Ghanaian judges at both high and lower court level, are being investigated over allegations of corruption.

    “China’s Central Politics and Law Committee is set to relaunch a programme to recruit judges from the top ranks of lawyers and academics to improve its judicial system, which has been criticised in the past.

    “The National Judicial Council (NJC) of Nigeria has taken severe action in recent years against those found guilty,” Rivkin said.

    According to him, corruption in the judiciary is not limited to developing countries.

    He said: “While manifestations of corruption seem to be most common in developing countries, judicial corruption remains a global problem.

    “Research by the United Nations Office on Drug and Crime (UNODC) suggests that causes of judicial corruption include low remuneration and far-reaching discretionary powers, twinned with weak monitoring of how those powers are executed.

    “In these environments, where the accused individuals sit at the highest echelons of the system, whistle blowing is especially unlikely.

    “The research also found that a lack of comprehensive and regularly updated computer systems is one of the main causes of such crimes.

    “The IBA’s role is important in that it can, and must, set an example to its members which promotes the highest standard of judicial integrity.

    “Alongside its Judicial Integrity Initiative, an additional objective of the IBA is maintaining the bar and the courts’ independence from the government.

    “If corruption compromises judges, who are among our most important protectors of the rule of law, rule of law throughout society is put at risk,” Rivkin said.

  • Gentlemen can’t conquer corruption

    When official corruption becomes fashionable, that is a corruption of fashion. It is a fashion that should be made unfashionable. Corruption-related news here and there not only illustrates the fashion of corruption but also the failure of containment.

    Understandably, the corruption-related spotlight on former Petroleum Resources Minister Diezani Alison-Madueke, which was activated in London, caused a sensation that is continuing sensationally. Yesterday’s powerful woman remains free, but her freedom is chained. Against the backdrop of ongoing investigation of her corruption status, she reportedly cannot leave the UK based on judicial restriction.

    Perhaps also understandable is a defensive familial statement, on October 8, by Oscar M. Onwudiwe, on behalf of the Agama and Madueke families. The statement said: “It is worth emphasising that Mrs. Alison-Madueke was never arrested or detained and her passport was never seized. She was merely invited, and she honoured it promptly.”  Of course, euphemism is allowed in such a defensive situation, even when the euphemistic is not euphonistic.

    The statement’s apparent clarification of Alison-Madueke’s health status is not just of particular interest; it is of public interest. It said: “Mrs. Diezani Alison-Madueke has been receiving treatment for cancer in the UK which started while she was in office. The health crisis has unfortunately exacerbated in recent times. She completed months of chemotherapy just last week and she is scheduled to undergo surgery next week in London.”

    This information should silence those who alleged that the poor woman was on the run, and had run away to the UK to escape a probe at home. But her cancer status must not arrest investigation of her corruption status.

    Cancer seems a penetrating metaphor for the operation of official corruption in Nigeria’s corridors of power.  The devastating potency of the disease and its destructive metastasis make it a vivid image of the power of corruption among the powerful. Literally and figuratively speaking, if corruption doesn’t kill the corrupt and the corrupted, they are unlikely to kill corruption.

    The idea that corruption can be seen as a cancer spreading among the country’s power elite is perhaps reinforced by a publicised 88-page petition to the Senate against a high-profile ministerial nominee, former Rivers State Governor Rotimi Amaechi.  The petition, aimed at rubbishing Amaechi’s nomination and stopping his confirmation, came from a Non-Governmental Organisation, “The Integrity Group,” based in Port Harcourt, the Rivers State capital.

    It is striking that the petition’s title is corruption-related: “Petition against ministerial nominee: Chibuke Rotimi Amaechi: Demand to withdraw and reject his nomination and appointment on grounds of corruption, criminal breach of trust, unlawful enrichment and conversion of over N70 billion Rivers peoples’ monies by the former governor of Rivers State.”

    On the surface, this move to discredit Amaechi may be politically inspired, considering the continuing conflict between the All Progressives Congress (APC), his party, and the Peoples Democratic Party (PDP), the state’s ruling party. But beneath the surface, and beyond the surface, there may be dirt. In other words, the anti-Amaechi petition may not necessarily be anti-corruption, but that is not to say it is merely a tool to corrupt Amaechi’s screening for ministerial office.

    Essentially, these narratives concerning Alison-Madueke and Amaechi, irrespective of their innocence or guilt, show that the possibility of corruption transcends political complexion.

    How President Muhammadu Buhari will confront corruption is critical to the future of corruption. There is no question that a confrontational spearhead is compulsory for the conquest of corruption. Interestingly, a corroboration of this necessity came from an unlikely figure when Ijaw leader Chief Edwin Clark hosted the Think Nigeria First Initiative Group at his Asokoro home in Abuja. Clark spoke about the anti-corruption failure of former President Goodluck Jonathan, whose leadership he had supported unapologetically. Clark reportedly said: “Jonathan is a gentleman. He is too gentle. Drivers under his administration are now living in palatial buildings. In advanced countries, when you are living above your means, people will query you. This is not so in Nigeria…Jonathan meant well for this country, but the willpower to fight corruption was not there…Being a gentleman is not enough to govern this country.”

    For the avoidance of distraction, Clark’s message deserves public attention more than the confusion of the messenger. It is unclear whether Clark’s revealing portraiture is a revelation he has just had. It is also unclear whether Clark’s clarity is connected with the new period of political change and the fierce anti-corruption position of the Buhari administration.

    However, it is clear enough that the country has been corrupted by a chain of corruption-friendly governments and sponsors of corruption-friendly governance. Some months before Jonathan was dumped by the electorate in March, he identified what he described as “two main problems confronting us as a nation.”  It was at a special New Year service at the Dunamis International Gospel Centre, Abuja. According to Jonathan, “There are two main problems confronting us as a nation: The issue of insecurity in the North where we have the Boko Haram terrorists and in the South where we have commercial kidnapping. The next thing that people worry about after security is the issue of corruption.”

    Jonathan had boasted: “We are coming out with programmes and plans to clean up.” He was quoted as saying: “These are things you just don’t use a magical wand to wave off; otherwise even before I became President, there wouldn’t have been corruption in Nigeria.”

    It would appear that the country, contrary to Jonathan’s reasoning, is in dire need of a magic wand that is magical enough to correct the corrupt condition of corruption. Perhaps even more than a magic wand, the country deserves a magician of wonders. The mentality of a magician is absolutely necessary because a magic wand without a magician with a solid determination to use it to achieve magical results is ultimately of no use.

  • Fight against corruption legitimate, says Kumuyi

    General Overseer of the Deeper Christian Life Ministry Pastor William Kumuyi has urged Nigerians to support government anti-corruption war.

    He said this was not the time to criticise, but support President Muhammadu Buhari re-organisation and fight against graft .

    Kumuyi spoke at the end of the Lagos City-Wide Crusade at the National Stadium, Lagos.

    The theme of the crusade: Supernatural Encounter with God of Wonders, attracted thousands of worshippers and members of the Christian Association of Nigeria (CAN).

    He said:  “This is not the time for criticism in the fight against corruption and reorganising things. It is the time for being patient and support what is being done. It is the time to cooperate and go along with the government.

    “Corruption is bad; it is to the disadvantage of the poor people and the whole country. The fight against corruption is legitimate and right. We should do it without any witch-hunting. We should not be after anybody, but work towards stamping out corruption.

    “Those of us fighting corruption must lay the example. We must ensure that we are free from that corruption, so that others will follow suit,” he said.

    The cleric maintained that crusade was divinely covered by God.

    “It is the grace of God. We have been doing the crusade in the past 18 days, moving from place to place. We give the glory to God and thank the people for their cooperation.

    “We have worked together in unity and strength, we have not only got the unity of Deeper Life members but the support of the media, CAN and everybody.”

    Kumuyi urged Nigerians to have faith in God by living a purposeful life with set goals, stressing that the people should be their brother’s keeper.

    “I spoke about having a purpose, goal and faith. As we have that goal, we have the drive from within and with the grace of God, He will see us through.

    “Challenges and difficulties will be there, we should not look at that, but look at the possibilities of things. The lord will get us there; we will be nation builders in the name of God.

    “We should do our best for our neighbours and everyone and not just to see things on the basis of how much we can get out of it. We must embrace the spirit of sacrifice; each person should contribute to make the nation better and giant of Africa,” he said.

     

  • Alleged corruption: Amaechi sues PDP, others for ‘false claims’

    Alleged corruption: Amaechi sues PDP, others for ‘false claims’

    •Seeks N300b general damages

    Former Rivers State Governor Rotimi Amaechi has sued the Peoples Democratic Party (PDP), its State Chairman Chief Felix Obuah and two others – Jerry Needam and Chris Konkwo – for false allegations at an Abuja High Court.

    Amaechi, the former Chairman of the Nigeria Governors’ Forum (NGF), is also demanding N300 billion as general damages done to him and the defamation of his character, reputation and person.

    Needam, the Special Adviser on Media and Publicity to Rivers PDP Chairman, is also the publisher of a local newspaper, National Network; Konkwo is the Editor of the newspaper, said to be a propaganda medium for the PDP and Governor Nyesom Wike.

    The defendants (PDP, Obuah, Needam and Konkwo) alleged that Amaechi owned foreign bank accounts and embezzled funds belonging to the state government.

    The Rivers PDP, in a statement on August 6 and August 21, alleged that Amaechi stole $757 million (N80 billion) of Rivers State funds stashed in an account in his name at Bancorp Bank in Minnesota, United States of America (U.S).

    Rivers PDP also alleged that the former Rivers governor embezzled millions of dollars belonging to Rivers State and stashed it away in other foreign accounts, including a bank in Switzerland.

    The party alleged that Amaechi’s various foreign bank accounts were revealed and blown open by Christiane Amanpour of America’s Cable News Network (CNN).

    The Rivers PDP also claimed that Bancorp Bank, Minnesota, had written to President Muhammadu Buhari that part of the funds was to purchase a home for Amaechi in the U.S, adding that the bank (Bancorp) intended to return the stolen fund to Nigeria.

    [ad id=”403656″]Amaechi’s media office, in an online statement yesterday, said: “In the fresh suit, filed before an Abuja High Court, FCT, Amaechi stated that each of the malicious publications by the defendants is untrue and false, motivated by ill-will and without any foundation in truth whatsoever.

    “The defendants made the libellous publications after the PDP failed the presidential election (of March 28, 2015) and with a view to rubbishing him (Amaechi) in the eyes of right-thinking members of the society and the persons to whom the libellous publications have been made.”

    In his statement of claims in the suit, Amaechi said he did not steal $757 million (N80 billion) from Rivers State and did not stash it away at Bancorp Bank in Minnesota in U.S or Switzerland.

    Amaechi said: “The Bancorp Bank in Minnesota in U.S did not at any time reveal that the plaintiff (Amaechi) embezzled or misappropriated or connived in the embezzlement and misappropriation of money meant for Rivers State people, amounting to $757 million (N80 billion) and stashed it away in his name with Bancorp Bank in Minnesota in U.S.

    “The Bancorp Bank, Minnesota, U.S did not write and did not communicate President Buhari of any $757 million dollars allegedly looted by the plaintiff (Amaechi) that is kept with it and in Switzerland, since no such money was ever looted by the plaintiff.

    “The plaintiff did not steal funds belonging to Rivers State and did not lodge them in any private foreign accounts. The plaintiff did not admit that he lodged and domiciled in his name in an account in Bancorp Bank, Minnesota, U.S any money, as alleged by the defendants.

    “The plaintiff did not lodge $757 million or N80 billion in the bank account belonging to him and none was revealed or blown open by Christiane Amanpour of CNN.”

    The former governor also said since the libellous publications by the PDP, Obuah and two others to the public, he had been inundated, bombarded and confronted by many persons, who expressed lack of respect, loss of faith in him and who no longer regarded him as trustworthy.

    He added that he was being viewed as a common criminal.

    Amaechi said he had been confronted by disrespectful people, arising from the false accusations.

    The former governor denied committing the offences the PDP, Obuah and two others accused him of committing.

    Amaechi said: “By the many publications, the plaintiff has been seriously injured in his credit, character and reputation and has been brought into public scandal, odium, contempt and his person, character and integrity lowered in the estimation of right-thinking members of the society. The publications are false and most disparaging of the person of the plaintiff.

    “The defendants have widely further circulated the malicious publications to the public on the Internet. The wide and general circulations of the malicious publications have exposed the plaintiff to heavy and irredeemable ridicule, public odium, contempt and disparagement in the eyes of right-thinking and reasonable members of the society, including the persons already pleaded and other persons yet unknown and who will also be called upon to testify in the proceedings.

    “The defendants have continued with the republication, recirculation and widespread republishing and distribution of the libellous publications to the public through the Internet, leading to a deluge of enquiries from the public and well-wishers, who have severally confronted the plaintiff with the very wild allegations of the defendants and to which plaintiff denied any looting or ownership of any looted funds or looting of public funds of Rivers State.”

     

  • Our Girls; IDPs cholera/NEMA; Corruption; Tax/IGR Draconian Democracy; PMB’s ADC

    Our Girls are still missing since April 15, 2014 and still no word. The disastrous effects of Boko Haram are far reaching. Let us recall that every inconvenience, suffering and deprivation, loss of dignity and educational opportunity, loss of home or job, injury and loss of limb, and death of any of the 3-4million Internally Displaced Persons is due to Boko Haram members. Apparently Nigeria has embarked on negotiation.

    It is not Boko Haram who slaughtered Nigerians. It is Boko Haram members, mostly Nigerians. Organisations do not kill, people do. Organisations are not corrupt, the workers are. A victorious Boko Haram would never negotiate but only mutate into a draconian government. Can Boko Haram members talk, come clean and repent with their bloody hands? Can the Boko Haram members resurrect the 20,000 needless dead for negotiation? Let the corridors be lined with giant posters with 20,000 names and photographs plus adding the Database of the 219 Chibok Girls for the ‘Boko Haram Victims Database’. The latest IDP deaths are not from bombs but from disease, disgracefully 18 dying of cholera. These deaths are directly due to Nigeria’s failure to cater for the needy with ‘common’ clean ‘pure’ water. Nigerian Emergency Management Agency, NEMA, charged with anticipating, preventing and managing disaster, failed these IDPs in camps. The Victims Support Fund must urgently fund clean water for IDP camps.

    Buhari is Mr Anti-corruption. Corruption is also about negligence or abandonment of IDPs. If NEMA failed these 18 dead IDPs then let it institute protocol, re-education, re-organisation and staff changes. Nigeria cannot allow 18 IDPs to die ‘just like that’ after surviving the vicious Boko Haram. What a tragic irony. I warned that IDPs are victims of violence, not beggars or prisoners. Even beggars and prisoners must not die unsung of cholera! There is no excuse for this failure or these deaths. The Ministry of Health should have anticipated and prevented this outbreak in distressed IDPs, in unhygienic Camps. Remember Nigeria lost over 16 youths at the Immigration recruitment stampede? Now we have lost a similar number to cholera, is no one interested? Those organisations and persons charged with looking after the IDPs, are to blame. There is need for a Coroner’s Inquest, a Nigerian Human Rights Commission Enquiry, a National Assembly (NASS) enquiry, an Amnesty International Investigation. All this presupposes that NASS can take time off Sarakigate or Assetgate to work and that Amnesty International, so interested in Boko Haram Rights, might also aid IDPs, the victims of Boko Haram.

    Cholera is like typhoid. It is a ‘poor’ disease of poor planning, poor hygiene, poor sanitation, poor toilets, poor washing of hands and poor waste disposal all rampant in Nigeria. Soap and water, free pure water, drinking water, toilet paper, clean toilets, healthy surroundings- not prison conditions. The IDPs are not the bad guys, Boko Haram is! Preventable death, from cholera or in childbirth, is indefensible. NEMA should be more proactive than the failed NEPA, which failed to provide service, now known to be due to serial military underfunding and massive corruption. Nigerians say ‘No more deaths in IDP camps’. Any of us could be an IDP tomorrow.

    As state governments generate Internally Generated Revenue, Nigerians must reject DRACONIAN DEMOCRATIC BILLS & LAWS resulting in stupidly inflated bills designed to force citizens to ‘negotiate’ the tariff, beg for a reduction, and pay bribes. Imagine that Governor’s consent/signature fees have reached N6million. Tax bills often 60-100+% hyper- or super-inflated by tax officials deliberately to cause anguish, stress and mental torture and embarrassment to citizens. Citizens, get a lawyer! There must be protection of the citizen from tax officials. President Buhari must empower the Public Complaints Bureau to receive petitions, initiate its own investigations based on perceived transgressions of public officers and offer pre-emptive advice to government agencies on the levels of bills etcetera. I still cannot comprehend the N25,000, more than the minimum monthly wage, for a vehicle being arrested and towed in Ibadan Oyo State for ‘wrong parking’ without a single  warning or even warning signs. Happily Governor Ambode of Lagos has brought ‘change’ and withdrawn the unlimited and much abused corrupt powers, including cunning entrapment, of LASTMA. All ‘uniformed’ agencies and NNPC and NPA have all been warned about the ‘change’, The Anti-Corruption War, by their new leaders.

    President Buhari must demand ‘zero corruption’ and hold heads and Departmental/Divisional Directors responsible. Nigerians expect heads of the entire top management team to roll at monthly ‘Anti-Corruption War Progress Meetings’ for failure to stamp out such corruption in cash and administrative procedures. ‘Draconian Democracy’ is institutionalised corruption signified by officials approving the use of devilish figures to intimidate the citizenry. The tax system from Lagos State may be going federal but it was and remains extortive and not a citizen/government consensus or even respectful of citizens. Hopefully federal will leave the creative tax consultants and their ways and means behind in Lagos. We expect a 20-30% downward tax review by the Ambode Government. Is it a financial crime to be in Lagos? Please! A little from a lot is better than a lot from a few. Over-taxation through a DRACONIAN DEMOCRACY IS NO LONGER AN OPTION.

    President Buhari and all high officials including local government wives should please stop having an ADC stand behind them during speeches. It is a relic of colonial and military regimes but not used by other world leaders.

    ‘The Ministry of Health should have anticipated and prevented this outbreak in distressed IDPs, in unhygienic Camps. Remember Nigeria lost over 16 youths at the Immigration recruitment stampede? Now we have lost a similar number to cholera, is no one interested? Those organisations and persons charged with looking after the IDPs, are to blame’

  • How to win corruption battle’

    How to win corruption battle’

    The  majority  of  Nigerians  who voted  for  President  Muhammadu Buhari  in  the  2015  general elections did  so  because  they  were  fed  up  with  the  sickening  levels  of  corruption  that  pervade  Nigerian  society.

    It  is  a  generally  accepted  fact  that  corruption  in  Nigeria  has  reached  endemic  proportions  and  people  have  had  enough  of  it;  at  least  people  other  than  those  who  are  direct  or  indirect  beneficiaries  of  this  corruption.

    A  former  President,  Chief  Olusegun  Obasanjo,  when  he  signed  the  Independent  Corrupt  Practices  Commission  Bill  into  law  on  13th  June  2000  stated  thus:  “with  corruption,  there  can  be  no  sustainable  development  no  political  stability.    By  breeding  and  feeding  on  inefficiency,  corruption  invariably  strangles  the  system  of  social  organization.    In  fact,  corruption  is  literally  the  antithesis  of  development  and  progress.”

    Although  there  is  considerable  skepticism  as  to  whether  Chief  Obasanjo  himself  practiced  what  he  preached  whilst  he  was  in  office,  it  is  to  his  credit  that  it  was  under  his  administration  that  corruption  was  first  identified  as  a  substantial  problem  in  Nigeria  with  specific  legislative  steps  taken  to  combat  the  scourge. President Buhari’s battle against corruption has commenced.

    However,  as  has  often  been  found  in  Nigeria,  when  you  fight  corruption,  corruption  fights  back  and  given  the  sums  reportedly  generated  by  corrupt  practices,  those  involved  have  more  than  enough  resources  to  fight  with.

    It  is  for  this  reason  that  we  think  the  government  needs  to  take  the  fight  against  corruption  to  another  level  if  it’s  going  to  stand  any  chance  of  reducing  it  significantly  even  if  it  cannot  eliminate  it  completely.

    Drastic  problems  require  drastic  solutions  and  we  propose  some  solutions  that  may  be  considered  drastic  but  which  we  feel  are  justified  by  the  enormity  of  the  problem  corruption  constitutes  in  Nigeria.

    Information  obtainable  from  the  website  of  Transparency  International  accessed  at  http://www.transparency.org/news/feature/nigerias_corruption_challenge,  quoting  Global  Financial  Integrity,  asserts  that  Nigeria  has  lost  an  estimated  $157  billion  to  corruption.

    We  get  a  proper  perspective  of  the  enormity  of  the  problem  when  we  think  of  it  in  terms  of  the  infrastructure,  housing,  health  care  facilities  amongst  other  that  could  be  enjoyed  by  Nigerians  if  these  sums  were  saved  and  applied  towards  these  ends.

     

    Entrapment 

    Entrapment  is  the  process  by  which  law  enforcement  authorities  and  personnel  proactively  create  situations  and  scenarios  in  which  a  person  commits  a  crime,  with  a  view  to  apprehending  the  person  and  securing  his  or  her  conviction  for  the  crime.

    In  a  paper  published  in  the  Nigerian  Institute  of  Advance  Legal  Studies  Journal  on  Criminal  Law  and  Justice  in  2011,  Akinola  Akintayo  of  the  Faculty  of  Law,  University  of  Lagos  examined  the  various  types  of  entrapment,  drawing  distinctions  between  “fair”  and  “unfair”  entrapment.

    According  to  him,  fair  entrapment  occurs  where  the  law  enforcement  authorities  merely  provide  an  opportunity  for  the  accused  person  to  commit  the  offence  or  facilitate  the  commission  of  the  offence;  whilst  unfair  entrapment  occurs  where  the  law  enforcement  authorities  actively  induce  the  accused  person  to  commit  the  offence.

    Mr.  Akintayo  acknowledges  that  the  distinction  between  the  two  types  of  entrapment  is  often  difficult  to  draw  and  that  the  determination  whether  a  particular  instance  of  entrapment  is  fair  or  unfair  will  depend  on  the  facts  of  the  particular  case.

    Whilst  entrapment  is  not  specifically  recognised  as  a  defence  to  criminal  liability  under  Nigerian  law,  Mr.  Akintayo  argues  that  “unfair  entrapment”  implicates  the  breach  of  various  constitutional  rights  protected  under  Part  IV  of  the  1999  Constitution  as  amended,  whilst  “fair  entrapment”  could  be  justified  pursuant  to  the  provision  of  section  45  of  the  same  Constitution,  which  empowers  the  government  to  pass  laws  that  derogate  from  these  constitutional  rights  where  such  laws  are  reasonably  justifiable  in  a  democratic  society  in  the  interest  of  defence,  public  safety,  public  order,  public  morality  or  public  health.

    In  our  view,  the  endemic  proportion  that  corruption  has  attained  in  Nigeria  makes  it  eminently  justifiable  that  government  deploy  all  means  at  its  disposal  to  discourage  corrupt  practices  and  will  justify  the  express  legislative  adoption  of  entrapment  as  a  tool  for  discouraging  corruption.

    As  Mr.  Akintayo  notes  in  his  paper,  one  of  the  strongest  arguments  proffered  for  the  practice  of  entrapment  is  the  deterrent  effect  that  it  has  on  wrongdoers  and  their  natural  reluctance  to  participate  in  wrongdoing  once  they  are  uncertain  whether  their  co- participants  are  law  enforcement  agents  (full  time  or  part  time)  merely  luring  them  into  a  trap.

    One  of  the  greatest  facilitators  of  corruption  in  Nigeria  has  been  the  impunity  with  which  it  is  perpetrated  and  the  general  belief  that  there  is  no  sanction  for  corrupt  practices.

    A  review  of  our  laws  and  the  specific  encouragement  of  entrapment  as  a  policy  has  the  potential  to  change  this  dynamic  immediately.

    Once  there  are  a  few  examples  of  persons  successfully  entrapped  engaging  in  corrupt  acts,  this  will  serve  as  a  strong  deterrent,  as  persons  will  be  wary  of  demanding,  offering,  accepting  or  receiving  bribes  or  other  corrupt  inducements  when  they  don’t  know  whether  the  demand  or  offer  is  a  trap  that  could  lead  to  prosecution  and  jail.

    Of  course,  the  process  by  which  entrapment  can  be  implemented  as  a  specific  policy  aimed  at  fighting  the  scourge  of  corruption  has  to  be  carefully  thought  through  and  necessary  safeguards  have  to  be  put  in  place  to  ensure  that  it  achieves  the  desired  result  and  is  not  used  as  a  means  of  arbitrary  persecution.

    President  Buhari  has  recently  inaugurated  a  Presidential  Advisory  Committee  on  Anti- corruption  headed  by  Professor  Itse  Sagay,  SAN.

    We  recommend  that  the  Committee  should  advise  the  government  to  push  for  specific  legislation  authorizing  the  use  of  entrapment  as  a  legitimate  means  of  apprehending  persons  engaged  in  corrupt  practices.

    We  also  recommend  that  government  should  be  advised  to  set  up  or  re- energize  task  forces  such  as  the  National Anti-Corruption  Volunteer  Force  set  up  by  the  Independent  Corrupt  Practices  Commission.

    These  task  forces  should  be  constituted  in  various  spheres  and  sectors  of  society  and  of  the  economy  and  should  enlist  willing  Nigerians  to  participate  in  this  crusade  to  rid  our  country  of  corruption  and  entrapment  should  be  a  legitimate  tool  to  be  utilised  in  the  fight.  Make  anti- corruption  lucrative  The  motivation  for  all  corrupt  acts  is  financial  reward.

    Thus,  if  the  corrupt  realise  that  rather  than  bringing  them  financial  reward,  engaging  in  corrupt  acts  could  cause  them  financial  loss,  that  is  likely  to  be  a  strong  deterrent  to  engaging  in  corruption.  There  are  many  sides  to  this.

    The  first  side  is  by  the  imposition  of  stiffer  financial  penalties  for  corrupt  acts.    Such  penalties  could  be  flat  or  graduated  rates  or  could  be  calculated  based  on  multiples  of  the  illicit  reward  that  the  corrupt  gained  or  hoped  to  gain.

    The  imposition  of  such  financial  penalties  could  be  in  addition  to  or  in  lieu  of  jail  terms  and  is  likely  to  be  a  more  effective  deterrent  to  corruption.

    The  Corrupt  Practices  and  Other  Related  Offences  Act  and  the  Economic  and  Financial  Crimes  Commission  Act  both  make  some  provision  for  the  imposition  of  financial  penalties,  but  these  penalties  are  not  stiff  enough  in  our  opinion  and  the  emphasis  thus  far  has  been  more  on  sending  offenders  to  jail.

    Given  the  prevalence  of  corruption  in  Nigeria,  the  emphasis  on  jail  terms  will  require  a  considerable  investment  in  the  construction  of  many  more  prisons,  if  the  enforcement  of  anti- corruption  is  to  be  taken  seriously.

    Moreover,  a  jail  term  is  not  too  much  of  a  deterrent  where  the  perpetrator  of  the  crime  can  serve  his  or  her  sentence  and  then  come  back  into  society  to  enjoy  the  ill- gotten  gains.

    Such  jail  terms  will  seem  less  of  a  holiday  where  the  perpetrators  of  corrupt  acts  suffer  financial  ruin  in  addition  and  this  may  even  suffice  in  lieu  of  jail  terms.

    Another  side  to  this  is  that  effective  pursuit  and  prosecution  of  corruption  could  prove  very  lucrative  for  the  Nigerian  government.

    Information  obtainable  from  the  website  of  the  United  States  Securities  &  Exchange  Commission  accessed  at  http://www.sec.gov/spotlight/fcpa/fcpa- cases.shtml  indicates  that  between  1997  and  2015,  the  Department  of  Justice  and  the  Securities  &  Exchange  Commission  generated  sums  in  excess  of  4  Billion  Dollars  in  fines  and  penalties through  active  and  aggressive  prosecution  of  companies  and  individuals  found  to  have  run  foul  of  the  Foreign  Corrupt  Practices  Act  (FCPA).    This  is  a  model  that  Nigeria  would  do  well  to  follow.

    Aside  from  stemming  corruption,  it  might  also  help  to  shore  up  government’s  finances!  The  third  side  to  this  is  that  government  should  actively  promote  and  reward  whistleblowing  and  entrapment  of  corrupt  persons.

    One  of  the  reasons  why  corruption  has  thrived  is  because,  aside  from  attaining  a  moral  high  ground  or  standing  on  principle,  there  has  been  no  incentive  for  people  who  are  not  corrupt  to  actively  participate  in  reporting  and  prosecuting  those  who  are.

    One  way  of  signaling  government’s  seriousness  about  stamping  out  corruption  is  to  reverse  this  dynamic.    Government  should  promote  legislation  that  would  provide  healthy  rewards  for  persons  who  report  corrupt  practices  and  cooperate  and  participate  in  the  successful  prosecution  of  the  corrupt.    This  will  turn  the  tables  on  corruption  and  make  anti- corruption  attractive  and  lucrative.

    Indeed,  in  appropriate  cases,  the  level  of  reward  could  also  be  linked  to  the  amount  by  which  the  public  purse  has  been  protected  from  depletion  by  the  courage  of  those  who  take  it  upon  themselves  to  report  and  expose  corruption  in  the  public  sector.

    Legislative  amendment Implementation  of  these  proposals  will  require  legislative  action  either  by  way  of  fresh  legislation  or  amendment  to  current  legislation.

    The  willingness  or  otherwise  of  the  legislature  to  endorse  and  support  such  legislation  will  be  a  barometer  of  whether  and  to  what  extent  the  legislature  is  part  of  the  problem  of  corruption  in  Nigeria.

     

  • The war on corruption

    When then candidate Muhammadu Buhari made his now famous statement “if we don’t kill corruption, corruption will kill Nigeria” in the course of his campaign for the presidency earlier this year, not a few Nigerians agreed and silently wished that the former Head of State triumph at the April 14 presidential election.

    And when it came to pass that the candidate of the then opposition All Progressives Congress (APC) party was the victor in the election, the whole nation, save a few, heaved a sigh of relief that the 16 years of unbridled corruption under the “largest political party in Africa” the Peoples Democratic Party (PDP) has finally been terminated. And to a great and better future for Nigeria they looked when Mr Muhammadu Buhari mounted the saddle on May 29, this year, taking over from Dr Goodluck Jonathan as President and Commander-In-Chief.

    A President Buhari at the helm is seen not by a few as signaling not only the beginning of the end for corruption and impunity in the country but also a rebirth for a giant of a nation that has been on all fours since inception.

    The fight against corruption Nigerians expect would now be given a sharp teeth with the two main anti-corruption agencies, the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and other Related Offences Commission (ICPC) in vigorous pursuit of corrupt elements in our society. And the two agencies have seemingly been up to the task, pursuing their assignments without fear or favour. The government, meaning the presidency, we are made to believe, has also been working behind the scene with core operatives of the immediate past regime to secretly refund public funds they have stolen from our common purse, to prevent prosecution and punishment. Good. But we should also be told who these people are, if only to shame them.

    All these are gladdening to hear and Nigerians are beginning to not only hope for the best, but also feeling the best. The bad boys are being dealt with, we all seem to agree. Kudos to EFCC and ICPC. But what of the Code of Conduct Bureau and its twin agency, the Code of Conduct Tribunal, what are they up to? Have they been sleeping? Not really. Last week, the CCB and CCT entered the fray and all hell has been let loose since then. I hope you know what I am talking about. In case you are still in the dark, recall that a little over a week ago, the Bureau dragged Senate President, Bukola Saraki before the Code of Conduct Tribunal on a 13-count charge bordering on false declaration of asset. The president of the National Assembly and third in line to Nigeria’s presidency narrowly escaped being docked as his lawyers cleverly approached a Federal High Court to challenge the CCT. Though the Tribunal is also fighting back, issuing a bench warrant for the arrest of the SP, the matter clearly presents the sternest test to date to the Buhari administration fight against corruption.

    Senator Saraki is the first big fish to be entangled in this anti corruption web and it remains to be seen how the matter would be treated. The allegations are no doubt weighty, but mere allegations they remain until the man is proven guilty. For now he is innocent of all the charges.

    But while the matter is best left for the judiciary to handle, the political fallout from Saraki’s arraignment is as interesting as the matter itself. Expectedly, Nigerians, not the least, members of the ruling All Progressives Congress are sharply divided on the matter. While some see it as a move in the right direction to cleanse the stable of corruption, sympathizers of the Senate President are seeing it as a political vendetta against Saraki as punishment for defying his party to contest the presidency of the Senate and also getting a member of the opposition on board as his deputy.

    Considering the frosty relationship between President Buhari and Senator Saraki since the Senate presidency election and the division it generated within the leadership of the APC, it is very difficult not to believe the Saraki supporters, while at the same time their assertion is very difficult to prove. And now that the presidency has distanced itself from the travail of Saraki in the hands of the CCB and CCT, it becomes more difficult to pin the matter on President Buhari. But this is politics, anything is possible. Did I hear you say CHANGE?

    While the APC people are bickering over the matter, the PDP is expectedly licking its lips over the development, accusing the president and his party of political witch hunt in its anti corruption war, conveniently ignoring the fact that the monumental corruption that we are talking of in Nigeria today took place under PDP’s watch. Let’s put that aside for now.

    While the politicians from both sides could be excused for holding different views on the matter, what is perhaps surprising is the position of the leadership of the National Association of Nigerian Students (NANS) on the matter.  Over the weekend in Abuja, NANS president Tijani Sheu teamed up with the Director General of a political association called Heritage Group and threatened to protest Saraki’s arraignment and trial at foreign embassies in the federal capital. Ironically, the same Sheu had on September 2 led a group of Nigerian students to the presidential villa in Abuja to pledge support for Buhari’s anti-corruption campaign. So what is he up to or rather, in what direction is he leading Nigerian students?  I don’t want to read too much into this but suffice to say that the Nigerian youth, especially student leaders should exercise restrain when commenting on issues outside their knowledge lest they fall victim to cheap political opportunism. They are better advised to think before they speak and to always keep quiet when they have nothing to say.

    How would protesting at foreign embassies help the cause of fighting corruption which NANS told Buhari on September 2 that it supports, or stop the CCB from going ahead with its case with Saraki if  indeed it has a case against the Senate President? What I think the students should concern themselves with is the integrity of the process. If the CCB thinks it has any case against Saraki, it should proceed at the tribunal as stipulated by law. And if the Senate President thinks otherwise, he should go and fight it out at the tribunal and clear his name. And if he can get the Appeal court to stop the tribunal, fine.

    Let the right things be done. Imputing political motive to the CCB’s action would not change the fact that the matter at hand is a legal matter and should be so treated. I can see this matter getting to the Supreme Court, whichever side loses, and this will ultimately be good for the system. Once the matter is decided one way or the other by the courts,  Nigerians would do well to forget about it and forge ahead. But then, the war should not stop with Saraki. There are many others public officers with similar stories, it is when the CCB pursues their case with the same vigor as Saraki’s that the doubters of the anti corruption war would be put to shame.

     

    Goodnight Mama H.I.D Awolowo

     

    Just as the Awolowo family of Ikenne , Ogun State was getting set for the centenary birthday celebration of their Matriarch, Mama Hannah Idowu Dideolu, slated for later this year, death came calling last Saturday and took away the ‘Jewel of Inestimable Value’ of their father, Chief Obafemi Awolowo.

    Chief Mrs HID Awolowo, the Yeye Oba of Ife died at the age of 99. She would have been 100 years old on November 25, 2015.

    Coming 28years after the death of her husband, Mama lived a life worthy of emulation by all women, especially wives of our politicians and other public office holders. She stood by her husband through out his political life and remained steadfast to his political ideology even after his death. She doggedly kept the Awolowo flag flying all these years after her husband’s death. May her soul rest in perfect peace. Amen.

     

  • CJN, NBA President disagree on corruption in Judiciary

    THERE was a disagreement yesterday between Chief Justice of Nigeria (CJN) Justice Mahmud Mohammed and Nigerian Bar Association (NBA) President Augustine Alegeh(SAN), on who is responsible for corruption in the Judiciary.

    The CJN described the allegation that judges were taking bribes as “an unfortunate and unguarded comments”. But, Alegeh alleged that judges delivered judgments for a fee.

    The duo spoke in Abuja yesterday at the special session of the Supreme Court to mark the commencement of the 2015-2016 Legal Year and the swearing-in of Senior Advocates of Nigeria (SANs).

    The CJN said the allegation by prominent lawyers that some judges were corrupt was unfortunate.

    He said: “I regard as unfortunate the unguarded comments of some prominent members of the Bar that the Judiciary is corrupt. Such comments, coming from members of the Bar, mean that they know the identity of the corrupt judges and as such they should fish them out to be dealt with by the National Judicial Council (NJC).”

    The CJN noted that the Bench was a product of the Bar and that unless they ensured that only fit and proper persons remained in the Bar, it would be impossible to expect a different Bench.

    Justice Mohammed urged the new SANs to display utmost integrity and humility in helping the court to dispense justice.

    He said: “I advise you to display undoubted integrity and humility in the performance of your professional calling. I, therefore, call upon you to act commendably, remembering that your privilege is one of high regard and leadership.”

    On the call for the abolition of the SAN  rank, the CJN described the conferment of the rank as a privilege, conferred in accordance with Section 5 (1) of the Legal Practitioners’ Act by the Legal Practitioners’ Privileges Committee and a statutorily recognised privilege.

    The CJN urged the new members of the inner Bar to properly groom their juniors in chambers.

    He said the quality of lawyers and judges was dependent on the calibre of young  lawyers.

    Alegeh expressed worry that certain judicial officers still engaged in rendering judgments for a fee.

    He said: “Instances abound where judicial officers have resorted to standing the law on its head and making pronouncements which are at variance with the provisions of the law.

    “A few others have formed the bad habit of ignoring judicial precedents, even when such authorities are brought to their attention by counsel. This trend is quite injurious and erodes the confidence reposed in the Judiciary by the society.

    “The appointment of judicial officers, a process which was hitherto shrouded in secrecy, has been made more transparent under the present leadership of the Bench.”

    The NBA president, who commented on the refusal of Senate President Bukola Saraki  to appear before the Code of Conduct Tribunal (CCT), said: “The current face-off between the Code of Conduct Tribunal and the Federal High Court is an unnecessary distraction at this time. The constitutional hierarchy of our courts is well settled and we urge all to respect it. Let wise counsel prevail.”

    Speaking for the new SANs, Edward Kunav Shiekaa, said the new members of the Inner Bar valued their elevation.

    He pledged that the new SANs would not toy with the privilege.

    “It is our responsibility to provide good and quality leadership at the Bar, particularly to the young lawyers,” Shiekaa said.

     

  • How to end terrorism, corruption, by AIG Ogunsakin

    How to end terrorism, corruption, by AIG Ogunsakin

    Assistant Inspector-General of Police (AIG), Zone  12 in  Bauchi Tunde Ogunsakin has said proper enforcement of laws will checkmate terrorism and corruption.

    Ogunsakin, according to a statement, spoke at the 33rd International Symposium on Economic Crime  at the Jesus College, University of Cambridge in the United Kingdom.

    The police chief, who delivered a  paper, titled: “Compliance versus Organised  Crime and Terror,” said the act of terrorism had become a common phenomenon.

    He said: “In Nigeria, terrorism has become rampant and taken a major toll. Communal living in Nigeria frowns on organised crimes, such as terrorism, oil bunkering, money laundering and others.

    “This cannot be totally divulged from the impact of globalisation that has taken a centre stage in interstate relationship globally. The effect and impact of organised crimes in Nigeria is enormous. It affects the development of the country and discourages investment, particularly in the  area  of insecurity, Organised Crimes had eroded the people’s conscience .”

    Ogunsakin noted that terrorism constituted an infringement and intentional deprivation of the citizens’ right to life as enshrined in Section 33 (1) of the 1999 Constitution as amended.

    “They wreck severe havoc on human and material resources. The courts must be able to fast track trials to deliver judgments early enough in order to act as deterrent to others. There are trials that have been on for over two years that till date there is no judgment, yet matters of this sort are not supposed to be allowed to linger before judgement is delivered”, AIG Ogunsakin said.

    He said the approach of the police in tackling organised crimes and terrorism has  shifted the emphasis from reactive policing strategies to intelligence-led policing strategy.

    “The approach has enhanced our investigative and prosecutorial competence, sharpen our operational competence to fashion a professional synergy with other components of the Joint Task Force  and  to explore  the best international practice towards management of internal security challenges of the nature posed by organised crime and terrorism.

    “Our conviction is that it is only when these initiatives are fully optimised that the professional ability of the police to attain its counter-terrorism mandate within the rule and within international best practice can be guaranteed.”

    He sought greater cooperation for the police in terms of skill acquisition, training and technicalities.

    “For us to achieve this goal in the most professional manner, operatives must constantly be exposed to the highest level of training to grapple with the dynamics of the intelligence world.This is expedient because intelligence-gathering is an intellectually-demanding and technology-driven venture, which demands constant training and re-training.”

    The event was chaired by Mr. Robert Rhodes (Queens Counsel), Outer Temple Chambers, Recorder of the Crown Court of England and Wales and Master of the Bench of the Inner Temple, UK.

    Nigerian delegates in attendance, included Supreme Court Justices; Olu Ariwoola and Nwali Sylvester Ngwuta, among others.