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Tag: corruption

  • How to curb corruption, by ex-EFCC chair Waziri, Akume

    How to curb corruption, by ex-EFCC chair Waziri, Akume

    Former Chairman of the Economic and Financial Crimes Commission (EFCC), Mrs. Farida Waziri, and Senate Minority Leader George Akume, have suggested measures that will help in the fight against corruption in the country.

    Mrs Waziri called for new laws with stiffer penalties for corrupt acts and Akume advocated an enhanced pay for diligent public workers.

    They spoke in Abuja yesterday at the public presentation of a book, S. T. Hon’s Law of Evidence in Nigeria, written by Sebastine Hon (SAN).

    Mrs Waziri noted that unless existing laws, which she said have become archaic and ineffective, are repealed, the country will remain handicapped in fighting corruption.

    She said it is wrong for anyone to believe that existing laws in Nigeria could wipe out corruption because their inherent loopholes provide escape routes for corrupt people to escape punishment.

    She said: “It is a notorious fact that corruption is being fought partly with archaic laws, the laws that are no longer suitable for the unpleasant situation we find ourselves.

    “By the time most of our laws were being enacted by the colonial masters, nobody envisaged internet fraud, manipulation of computer to defraud, because those things were not there then.”

    The former EFCC chairman urged the National Assembly to come up with potent laws that can confront corruption and corrupt tendencies.

    She noted that the Evidence Act, for instance, was left for over 40 years to be manipulated in courts, especially in criminal cases, by dubious people.

    “It was not until recently, on June 3, 2011 to be precise, that the Evidence Act was amended. I was particularly happy for the amendment to Section 84 (1) (2),” she said.

    According to her, the section provides for the admissibility of computer and electronic generated evidence.

    Addressing reporters after the event, Mrs Waziri urged Nigerians to shun materialism.

    She noted that there is no need for any Nigerian to steal funds meant for the development of the country to build “big houses” that he or she does not need.

     

  • Ekiti deputy governor warns against corruption

    Ekiti State Deputy Governor Prof. Modupe Adelabu has urged auditors to uphold the ethics of their profession and shun corruption.

    Mrs. Adelabu said it was the only way to sustain the people’s respect, which they had earned over time.

    She spoke yesterday in her office in Ado-Ekiti, the state capital, while hosting the state and local government auditors, led by the Auditor-General, Mr. Adedayo Ajayi.

    Mrs. Adelabu said auditors play a significant role in curbing fraud and mismanagement of public funds.

    She urged them to give professional advice to public office holders to avoid unintentional lapses in financial appropriation, adding that such preventive measure would reduce financial scandals.

    Ajayi congratulated Mrs. Adelabu on her appointment and prayed God to grant her the wisdom and strength to perform excellently.

    He said the duty of auditors was to ensure accountability, probity and judicious utilisation of funds by public office holders.

     

     

     

     

  • Professionals and the rest of us

    SIR: Corruption today in Nigeria has assumed an alarming proportion, such that if something drastically is not done to arrest the ugly situation, the nation will drift to doom. From my studies of various crimes in the country, most of them are aided and abaited by the so-called professionals. Take for example before any money could evaporate from any organization, an accountant or its equivalent must be involved facilitating the process. Could that be the teaching of accounting professional ethics? By human nature, anything can happen, most especially in a society like ours where there is no fear of God. Notwithstanding, there are institutions put in place to check our excesses, curb impunity and forge equity and justice for social stability.

    How would you perceive a situation where a thief or a murderer is caught red-handed and he/she is declared innocent until being proved guilty? To me, this aspect of the law is too weak for this modern world, and this explains why crime is increasing geometrically. It is not that I am trying to work against the principle of fundamental human rights, but there is need to be frank and realistic when occasion demands.

    Imagine a situation wherein a solicitor and a judge connive and do everything possible (having been “settled”) to make sure that a potential convict comes out of a very bad case unscratched and un-ruffled. Such practices amount to negative reinforcement which encourages other people to enroll in criminal and corrupt practices.

    I thinks there is need for professionals to contribute their quotas to the growth and development of our nation by fighting corruption tooth and nail to avert the wrath of posterity.

    • Ipadeola Jonah Adebayo

    Ibadan

  • Corruption is real, says Kolade

    Corruption is real, says Kolade

    Chairman of Subsidy Recuitment and Empowerement Programme (SURE-P), Dr Christopher Kolade, has said that President Goodluck Jonathan was wrong to claim that corruption is exaggerated in Nigeria.

    Speaking at the conference of the Nigeria International Book Fair (NIBF) at the Multipurpose Halls, University of Lagos (UNILAG) yesterday, Dr Kolade said evidence of corruption abound in Nigeria.

    He said those who know should go public to convince Mr President of the extent of corruption in Nigeria so that he becomes convinced that it is thriving. He described the story of websites which provided candidates that wrote the 2013 Unified Tertiary Matriculation Examination (UTME) with fake answers as an example of corruption.

    He added that former President Olusegun Obasanjo admitted that corruption is Nigeria’s number one enemy.

    He said Jonathan would be convinced about corruption “by all of us who know that corruption is not exaggerated going in public and saying so. You see, you must remember that the President lives in a protected environment. So, many things that are happening in the real world he doesn’t have contact with. So, he forms his opinion from where he is sitting. Those of us who have a different experience should also go public and say that corruption is not exaggerated; we should try and do something about it.

    “When Olusegun Obasanjo was President, he said corruption is our enemy number one. It has not changed. In fact, it has gotten worse. So, we should say so publicly. The country is as much your own as it is mine.”

    Former Anambra State Governor Mrs Virgy Etiaba, who was special guest of honour, lamented the dwindling fortunes of education, saying that the government is not investing in the sector.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

  • Nigeria Corruption Inc.

    Nigeria Corruption Inc.

    • Retired judge worries over corrupt power brokers

    Justice Mustapha Akanbi, retired President of the Court of Appeal has lamented that indicted ex-governors, ministers and party officials have remained the power brokers in the country, wondering how the war against corruption would work under their influence. As a former chairman of the Independent Corrupt Practices and other related offences Commission (ICPC), Justice Akanbi is well situated to know the debilitating consequences of public corruption on the country. He made this observation at the meeting of the National Association of Law Teachers (NALT), held recently in Ilorin.

    We share in Justice Akanbi’s concerns that indicted public officials who ordinarily should be quarantined if not incarcerated have returned through surrogates to further destroy the system. This is possible because of the weak state institutions, and also the unfortunate inability of our country to develop a critical mass of civilian population to stop these fellows on their track. Justice Akanbi also called on ‘the President, governors, political leaders, and top civil/public servants, emirs, obas and obis to imbibe the spirit of leading by example and be in the vanguard of struggle to eliminate corruption or reduce it to tolerable level.’ While the call is laudable, it is unfortunate that most of those he is appealing to seem to have lost all sense of patriotism.

    Nonetheless, we commend Justice Akanbi for raising his moral voice against a major national challenge. We must also ask the President and other national leaders to hearken to this voice of reason. We reecho his worries that because the purveyors of corruption are the political godfathers, ‘more often than not, mediocre, incompetent and corrupt hands find their way to positions of power and authority which they use and manipulate to their own advantage and not to the benefit of the society or public good.’ Furthering his unimpeachable thesis, he argued that ‘the end result is that the nation begins to drift and slide dangerously down the slippery road of economic ruination.’ In our view, our country is already farther down this ignominious road, and only a quick reversal of course can save the final consequences.

    While pressuring the political class to change from its ruinous ways, we believe the civil society and state institutions have a huge responsibility to whip the recalcitrant leaders into line. Of course these critical groups range from professional bodies, to labour unions, religious bodies, security and anti-corruption agencies, the courts, the press and other influential bodies, that need to push together to save our country, otherwise our fate will continue to spiral in the negative as Justice Akanbi further argued. He had forewarned that, ‘in the process, there is general desecration of societal and normative values, low level performance in both socio-economic and technological development and ultimately a putrefying decadence, the stench of which often puts off or prevents other nations, with a record of transparency and probity, from wanting to interact or do business with a corrupt nation’.

    While urging action on all national leaders, it is important that President Goodluck Jonathan realises that by virtue of his position, he remains the chief culprit of Justice Akanbi’s stinging indictment. This is because he has the moral and political authority to ensure that the fight against corrupt practices achieves the needed result. Where it is failing as many, including the international community have confirmed, then he must accept the responsibility for the failure. Unfortunately the President has by his conduct also shown lack of the needed enthusiasm to fight corruption. Worse still, most of his close friends and associates form a chunk of these indicted but influential ex-political heavy weights.

     

  • ‘Parliamentary system best solution to corruption’

    ‘Parliamentary system best solution to corruption’

    • Belgore, Orelope-Adefulire, Idigbe speak at lecture

    The risk of sudden death makes the need for succession planning mandatory to prevent acrimony and legal tussles. This, corruption and best practices in wealth management, were the focus at the 2013 Punuka Annual Lecture in Lagos. JOSEPH JIBUEZE reports.

    The topic was multifaceted, but the speakers dealt well with them.

    The 2013 Punuka Annual Lecture, organised by Punuka Attorneys and Solicitors, had the theme: Wealth Management and Succession Planning: Best Practices, Anti-Corruption and Compliance, and Red Flags.

    Former Chief Justice of Nigeria, Alfa Belgore, who chaired the occasion, was more concerned with how to curb graft in Nigeria, which he believes is at the root of underdevelopment and social crisis.

    To him, a return to the parliamentary system of government will help bring an end to the country’s endemic corruption.

    According to Belgore, the Presidential system is not only wasteful, breeds corruption and encourages abuse of power, it also does not accord with Nigeria’s history and culture

    He said official sleaze does not only manifest in looting of public funds; it is evident in the appointment of unqualified persons into important political posts – appointees who do the bidding of the President of Governor because they can be removed at a whim.

    The solution, therefore, is a parliamentary system where Ministers and Commissioners will be elected – a process which he said could guarantee the credibility of those in government.

    Belgore called for constitutional roles to be given to traditional institutions.

    “Yes it is very good. It’s cheaper for us,” Belgore said of the parliamentary system, adding: “Corruption in the past can be regarded as child play compared to what is going on today because you have people who are not elected who are taking very strategic offices – that is like the United States of America.

    “Culturally, we are different from them. We have a very established society. We call Nigeria the Federal Republic of Nigeria, but it is a different republic from other republics.

    “We still have Obas; we still have the Emirs and they are still very useful but they are not involved in our Constitution making. That has led to the tragedy. The respect for these traditional institutions is dying gradually.

    “But if people who are going to decide matters in this country are elected – your Ministers are not elected, your Commissioners are not elected – it is creating problems for us because they can be removed at any time, whereas in parliamentary system, a minister or commissioner is a legislator.

    “They could be there for the constitutional terms of office; it could be five years or six. I believe sincerely that to kill corruption, we must go back to the system that we understand best. We must involve the village heads to the top.

    “Corruption doesn’t necessarily make you rich, it could begin from a messenger. ‘I want to see the oga (boss) inside the office’ and he will say ‘no’. Corruption may be in your favouring somebody over another. There are five people to be appointed; the most qualified is there but you don’t want him because he is not your loyalist. That is corruption.

    “And, its better to just call Nigeria the Federation of Nigeria; don’t call it the Federal Republic of Nigeria, else you are going to lose your tradition. You have your tradition, but you are losing your tradition by borrowing the one that doesn’t belong to you.

    “That is a disaster. We need to go back to basic. It doesn’t cost you much. The village head, the Obis, the Obas, Emirs. We are still paying them, but we are not using them,” Belogore said.

    Lagos Deputy Governor Adejoke Orelope-Adefulire, who was a special guest, said although the President system may be expensive, Nigeria would be better through effective leadership.

    She said it took America years to get its Presidential system right; therefore, with time, Nigeria would be great again.

    “Some say the Presidential system is expensive, and that parliamentary system will afford us the opportunity of knowing the rules and playing by the rules, but we have to go from one step to another,” she said.

    The guest lecturer, First Vice-President, Mirabaud Private Bank of Geneva and Director-in-Charge of Africa, Mr John Cross, said corruption cannot be effectively tackled without the corporation of financial institutions.

    He spoke on the topic: Wealth Management and Succession Planning: Best Practices, Anti-Corruption Compliance and Red Flags.

    According to him, banks could help prevent money laundering by raising questions about ownership of funds, investigating whether they have been legally earned, whether the funds transfer was done through legal means, and whether the funds are being utilised for legitimate purposes.

    On wealth management, Cross said the function of the wealth manger involves preserving wealth rather than creating wealth. In other words – deploying capital and not creating capital.

    In creating wealth, one is pushed into a position where risk needs to be taken to survive; but in managing wealth, one can choose the kinds of risk to be involved in, he said.

    The goal of managing wealth, he said, is to help others and yourself enjoy what you have achieved.

    Going about it, Cross said, involves diversification, which, according to him is key to long term success. There should be diversification in asset managers as limited losses are better than excessive gains, he added.

    “Always check the legality of your structures with a legal expert. The international nature of wealth management means that one can make mistakes more easily and this should be avoided.

    “Have a good, honest and open relationship with your bankers. They will be able to help you avoid mistakes and can also help you correct errors or mistakes if they know about them. If you have any questions, ask before transacting, not after.

    “Do not break the law. Certain jurisdictions have more rules than others, try to find the ones that suit your needs the most (transactional vs. storage of wealth). Also, some jurisdictions have better reputations than others, it may be easy to get money into a bank in Iran, but will be almost impossible to get it out of Iran into Switzerland.”

    Managing Director, Meristem Wealth Management Limited, Sulaiman Adedokun said many business owners spend years trying to build their business; however, they never actually plan for what will happen should they decide to sell the business, turn it over to someone else, or simply cease operations.

    “Succession planning is significant for any business and the process should be commenced immediately after setting up the business such that the focus is not lost in the course of doing business.

    “It is important however for the business owners/founders to be sincere with themselves and align their goals with a good exit option that create value for them and give them peace of mind,” Adedokun said.

    Group Head, Private Banking at Fidelity Bank Plc, Chioma Nwankwo, said between a fast decreasing life expectancy and a notorious lack of succession planning, Nigeria has become a hotbed of trust, probate and disputes amongst families who have previously used informal relationships to govern the handover of assets

    Wealth management, she said, examines many aspects of one’s financial life, vision and goal.

    “There’s a boom of litigations surrounding generational wealth transfer. Increasing disputes arise upon death, divorce or mental incapacity. There’s no typical wealth plan that fits every individual.

    “Increasingly, financial scandals can be entertaining and frightening at the same time, especially when they involve the fall and stumble of highly visible establishments.

    “Increasing ‘traders gone wild’ culture in the market place has made some investment analysts focus primarily on personal benefits at the expense of investors

    “Extreme industry competition breeds unethical and illegal activities which are perceived to be acceptable. Anyone standing in the way of profit is trampled on!

    “There’s an increasing need for high level of service standards from all parties involved in wealth management and succession planning,” she said.

    Managing Partner, Punuka Attorneys and Solicitors, Chief Anthony Idigbe (SAN) said everyone needs adequate planning in life to deal with succession issues.

    “The society is awash with stories of great men and women whose sudden exit have created wealth management and succession planning impasse for their families, with resultant bitter acrimony and legal tussle that have torn their families apart.

    “In few circumstances where people have purportedly sought to manage their wealth and plan for their exit, the strategies adopted in many cases fall short of international best practices and consequently infringe on the laws and policy directions in this regard.

    “In a similar vein, companies are not spared the consequences of lack of purposeful wealth management and succession planning strategies. Many companies have gone under as a result of inadequate succession planning.

    “In addition, regulation and compliance across the world in the areas of taxation and prevention of terrorism, money laundering and corruption have greater emphasis in good estate planning and wealth management.

    “The risks of lack of planning are now beyond more loss of inheritance but include criminal liability. Understanding the red flags can help exposed persons and corporations navigate this difficult terrain,” Idigbe said.

    mong guests are Acting President of the Court of Appeal, Zainab Bulkachuwa, represented by Presiding Justice, Lagos Division, Justice Amina Augie; pioneer chairman, Nigerian Bar Association Section on Business Law, George Etomi; representative of Chairman of Securities and Exchange Commission, among others.

  • Corruption: Jonathan defends administration

    Corruption: Jonathan defends administration

    •Allegations blown out of proportion

    PRESIDENT Goodluck Jonathan has disagreed with the United States (U.S.) Bureau of Democracy, Human Rights and Labour Country Report on Human Rights Practices that government officials are neck deep in corruption.

    He said the claims of massive corruption were misplaced and over-amplified.

    Speaking at the signing of the Presidential Power Reform Transactions at the Banquet Hall of the State House, Abuja, President Jonathan said the Federal Government has taken many steps to discourage corruption.

    According to him, reforming the power sector and handling of the fertiliser distribution have been transparent under his leadership.

    The President said: “I’m particularly pleased to hear directly from the private sector that the process was transparent and those stories of corruption were not heard.

    “Let me continue to assure Nigerians that ‘yes there are issues of corruption in this country, but somehow it has been over amplified’.

    “People should watch how we have been conducting government business. We have been bringing down the issues of corruption gradually.

    “If you look at the fertiliser sector, you will agree with me that if government actors are interested, we would have continued the same story of buying all kinds of things, awarding all kinds of contracts in the name of fertiliser.

    “But we are not doing that. We have sanitised that sector. Look at the power sector, when we started. Initially, there were stories in the papers but in the end, even when I was in the US, companies from there that participated said publicly that the process was transparent and issues of corruption were not there.

    “At least today, we have also heard directly, that the process was transparent and that there were no issues of manipulation or corruption.

    “I plead with Nigerians that the country belongs to all of us and we will all protect what belongs to us, what belongs to our children and what belongs to the generation yet unborn. We are committed to doing our best for this country, God willing, we will succeed.

    “To underscore our government’s commitment to transparency, our renewed emphasis on inclusiveness in core transactions and sustain the current tempo of transformation in the power sector, it became imperative that the meeting be publicly held here, instead of doing it in the confines of the offices of the transacting parties.

    “I can assure you that in spite of daunting challenges, we will not waver in the commitment that has seen the fundamentals of our economy advancing, compared to several economies around the world.

    “We continue to command prime attention as a preferred long-term investment destination in Africa and our electricity sector, in particular, maintains its promise of reasonable returns on investment and ease of entry, for all interested investors.

    “I must acknowledge that since I effectively kick-started the power reform agenda in August 2010 with the launching of the Power Sector Reform Roadmap, and bearing in mind the scale and complexity of our power sector, considerable progress has been made.”

    The President also said the government will not rest on its oars till the power sector has been fully reformed and stable power supply delivered.

    But he warned that the government will not entertain short-cuts in the power reform processes.

    His words: “To fellow Nigerians, my dear brothers and sisters, this age-long problem of inadequate power supply will be brought to an end.

    “We are dealing in a very dedicated way with much overdue infrastructural and corporate upgrades, and despite the challenges, we are making steady progress daily, towards permanent and lasting correction.

    “Nigerians must have electricity for domestic and industrial use and there is no turning back and there is no relenting.

    “This government cares about you and will not rest until you can sleep well at night without the irritating noise of generators.

    “Let me reassure all Nigerians, that working in concert with our partners, we will continue to pursue the reform of the power sector with intensity, vigour and determination; there is no shortcut possible. This is a significant event.

    “I call on all sector agencies to redouble their efforts, sustain their vigilance, and increase the level of cooperation and synergy amongst themselves required for the earliest completion and delivery of the structures and services, that will meet the needs and expectations of our population. Nigerians deserve the best and we cannot afford to offer less..”

    Recalling that the complex web of trading regimes evolved out of the ingenuity of the market participants in the telecommunications and banking industries in Nigeria, he said that the government will not design the market structures for the Nigerian electricity industry.

     

  • Jonathan faults U.S. reports on corruption in Nigeria

    President Goodluck Jonathan said on Monday in Abuja that claims of massive corruption in Nigeria were misplaced and “over-amplified’’.

    He made the declaration at the presidential power reform transactions signing ceremony held at the Presidential Villa.

    A recent report submitted to the U.S. Congress by the Secretary of State John Kerry had alleged massive corruption at all levels of the Nigerian government.

    Jonathan said that contrary to such reports his administration had curtailed corruption and was working hard to carry on the fight against the menace.

    “ Let me continue to assure Nigerians that yes there are issues of corruption in this country but somehow it has been over amplified.

    “People should watch how we’ve been conducting government business. We’ve been bringing down the issues of corruption gradually.

    “If you look at the fertiliser sector, you will agree with me that if government actors are interested we would have continued the same story of buying all kinds of things, awarding all kinds of contracts in the name of fertiliser. But, we are not doing that, we have sanitised that sector.

    “Look at the power sector, when we started initially there were stories in the papers but at the end, even when I went to the U.S., companies from there that participated said publicly that the process was transparent and issues of corruption were not there.

    “At least today we’ve also heard directly, that the process was transparent and that there were no issues of manipulations or corruption.

    “I plead with Nigerians that the country belongs to all of us and we will all protect what belongs to us, what belongs to our children and what belongs to the generation yet unborn.

    “We are committed to doing our best for this country and God willing, we will succeed.’’

     

    The president said he was happy about the comments from the private sector that the process of privatisation of the power sector was transparent and devoid of corruption.

    He reiterated government’s commitment to transparency and renewed emphasis on inclusiveness in core transactions in the power sector.

    The president noted that the ceremony signaled a major step in the implementation of the power sector roadmap.

    He re-assured of his administration’s commitment to ending inadequate power supply in the country.

     

    “To fellow Nigerians, my dear brothers and sisters, this age-long problem of inadequate power supply will be brought to an end by God’s grace.

    “We are dealing in a very dedicated way with much overdue infrastructural and corporate upgrades, and despite the challenges, we are making steady progress each day towards permanent and lasting correction.

    “Nigerians must have electricity for domestic and industrial use and there is no turning back and there is no relenting.

    “This government cares about you and will not rest until you can sleep well at night without the irritating noise of generators.

    “Let me reassure all Nigerians, that working in concert with our partners, we will continue to pursue the reform of the power sector with intensity, vigour and determination; there is no shortcut.’’

    President Jonathan also congratulated the signing parties for reaching the significant target in the privatisation process and commended them for their confidence in the economy.

    “Your zeal and presence here today is an ample proof of your endorsement and confidence in the implementation and progress so far of our power reform agenda,’’ he said.

    He reassured that government would not design the market structures for the electricity industry but continue to set the rules of the game and act as a responsible facilitator and regulator.

    The News Agency of Nigeria (NAN) reports that government handed over 25 per cent payment certificate to five successful bidders to the five PHCN successive generating companies.

    Similarly, the preferred bidders to the 10 of the PHCN successor distribution companies were also handed over their certificates of 25 per cent down payment. (NAN)

  • Corruption: njc decides on 23 judges April 23

    Corruption: njc decides on 23 judges April 23

    Judgement day is at hand for the 23 judges across the country being investigated for corruption.

    The National Judicial Council (NJC) which is conducting the probe has fixed April 22 and 23 to consider reports on the judges alleged to have been involved in the sale of judgement.

    Those found wanting will be compulsorily retired or dismissed depending on the degree of their offences, investigation in Abuja has shown.

    But those cleared might be recommended for higher positions on the bench.

    The Chief Justice of Nigeria, Justice Mariam Aloma Mukhtar, sources said, has blocked all avenues for intercession on behalf of those under investigation.

    All the committees saddled with the investigation of each case have submitted their reports to the CJN, who is preparing a brief on each case.

    It was gathered that a Federal High Court judge, noted for controversial judgments, has been running helter-skelter to save his job

    Those under investigation include three to four state chief judges, a few justices of the Court of Appeal, as well as federal and state high court judges.

    Allegations against the judges range from judgment fixing to unethical romance with litigants, outright sale of judgments, graft and bribery and engaging in delivery of questionable judgments.

    Other allegations are entertaining matters beyond jurisdiction, contradiction of rulings or judgments on similar matters, dismissal of cases without taking pleas, and selling electoral petitions to the highest bidders and peddling influence among politicians

    A source familiar with the matter said: “The NJC will meet on April 22 and 23 to consider the reports of the different panels raised to look into the allegations against the affected judges.

    “The meeting will be historic because this is the first time the nation will be witnessing a mass purge like this if all the judges are swept out of the bench.

    “Some of the judges have been begging for soft-landing but the CJN has insisted on the law taking its course in view of the ongoing reform of the judiciary.

    “Her vision is to reshape the Judiciary ahead of 2015 and beyond in order to protect the integrity of the Judiciary and consolidate our democracy.

    “Definitely, the NJC will step on toes but it is worth it to redeem the dwindling image of the Judiciary. Disciplinary action will also assist other judges to dispense justice without fear or favour.”

    Responding to a question, the source added: “After sanitizing the bench, the reform will be extended to court registries nationwide where clerks perpetrate fraud.

    “There is anxiety, no doubt, but only the guilty should be afraid. The CJN wants to assert the independence of the Judiciary to give hope to the common man.”

    The National Judicial Council is one of the federal executive bodies created by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria to insulate the judiciary from the whims and caprices of the executive.

    According to sections 20, 21 and 22 of the Third Schedule of the 1999 Constitution, the National Judicial Council shall comprise the following members-

    a) the Chief Justice of Nigeria who shall be the

    Chairman;

    b) the next most senior Justice of the Supreme Court who shall be the Deputy Chairman;

    c) the President of the Court of Appeal;

    d) five retired justices selected by the Chief Justice of Nigeria from the Supreme Court or Court of Appeal;

    e) the Chief Judge of the Federal High Court;

    f) five Chief Judges of States to be appointed by the Chief Justice of Nigeria from among the Chief Judges of the States and of the High Court of the Federal Capital Territory, Abuja in rotation to serve for two years;

    g) one Grand Kadi to be appointed by the Chief Justice of Nigeria from among Grand Kadis of the Sharia Courts of Appeal to serve in rotation for two years;

    h) one President of the Customary Court of Appeal to be appointed by the Chief Justice of Nigeria from among the Presidents of the Customary courts of Appeal to serve in rotation for two years;

    i) five members of the Nigerian Bar Association who have been qualified to practise for a period of not less than fifteen years, at least on of whom shall be Senior Advocate of Nigeria, appointed by the Chief Justice of Nigeria on the recommendation of the National Executive Committee of the Nigerian Bar Association to serve for two years and subject to reappointment:

    Provided that the five members shall sit in the council only for the purposes of considering the names of persons for appointment to the superior courts of records; and

    j) two persons not being legal practitioners who in the opinion of the Chief Justice of Nigeria are of unquestionable integrity.

    The National Judicial Council shall have power to-

    a) recommend to the President from among the list of persons submitted to it by-

    i. the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, and

    ii. the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;

    b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph, and to exercise disciplinary control over such officers;

    c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States;

    d) recommend to the Governors the removal from office of the judicial officers specified in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers;

    e) collect, control and disburse all monies, capital and recurrent, for the judiciary;

    f) advise the President and Governors in any matter pertaining to the judiciary as may be referred to the council by the President or the Governors;

    g) appoint, dismiss and exercise disciplinary control over members and staff of the council;

    h) control and disburse all monies, capital and recurrent, for the services of the council; and

    i) deal with all other matters relating to broad issues of policy and administration.”

  • Tambuwal criticises pardon for corruption convicts

    Tambuwal criticises pardon for corruption convicts

    HOUSE of Representatives Speaker Aminu Tambuwal yesterday criticised the granting of pardon to corruption convicts.

    Tambuwal spoke at the opening of a two-day national conference on corruption and national security in Nigeria organised by the Institute for Anti-Corruption Studies, University of Abuja.

    He also cautioned those he called ‘state actors’ against misapplying the law in granting pardons to persons involved in corruption and security related cases.

    According to him, for the nation to succeed in the fight against corruption ‘state actors’ must have a “better understanding of the law’’.

    The Speaker said: “A situation whereby you misapply the law even to grant pardon or whatever it is, we need to really look at that because if you don’t understand the law, you may tend to misapply the law.

    “So, there is the need for us at the high places to increase our capacity of understanding our legal system.

    “And the law that relates to issues of security and fight against corruption, for us to apply them is in the best interest of the citizenry.”

    Tambuwal , who described corruption and insecurity as key challenges facing the nation, regretted that government agencies saddled with the responsibility had faced serious budget cuts in recent years.

    His words: “There is the need for the government to properly fund the security agencies for them to have proper training to face the challenges of insecurity especially terrorism, which is a new phenomenon around here.

    “There is also the need for our anti-corruption agencies not only to be independent in paper but also to have adequate funding and the requisite financial muscle to face the uphill task in the fight against corruption.’’

    He challenged the conference, largely made up of personalities from the academia and the civil society, to study the funding pattern of the anti-corruption agencies over the years.

    Tambuwal noted that the anti-corruption agencies were “seriously under-funded” when compared with their peers from other climes.

    The speaker said that attempts by the National Assembly to address the anomaly in the budget had often been misconstrued by some sections of the public as “padding of the budget and meddlesome”.

    He said: “I have not blamed anyone for the poor funding and I am not exonerating the National Assembly from that lack of funding for anti-corruption agencies.

    “But we need the support of every Nigerian to understand that when the National Assembly says a particular funding being proposed by the executive to any agency of government is inadequate, we will make efforts to provide for such critical agencies.

    “However, in most cases, we have been accused of padding the budget as if it is not our constitutional responsibility to do that.

    “So I am using this platform to appeal that Nigerians should understand the role of the legislature in the budgeting process.

    “We are not meddlers, we are not being meddlesome when we say certain provisions being proposed by the executive arm of government should be enhanced for that agency of government to function effectively.”

    The speaker also called for a critical overhaul of the country’s legal and justice system to boost the fight against corruption and insecurity.

    He said the National Assembly would not hesitate to review and enact laws that would aid the fight against corruption.

    He also called for a re-orientation on the consequences of getting involved in corruption.

    Former House Representative member, Mr Dino Melaye, who was at the event told reporters that the current fight against corruption must move beyond rhetoric to action.

    He said: “Nigerians must graduate from workshops, colloquiums, symposiums and seminars like this to relating all we have discussed (on corruption) to action.

    “Nigerians must come out of their cocoon to begin to agitate for change because in an unjust society, silence is a crime.

    “Nigerians must begin to protest vehemently against corruption and then change will come.’’