December 9, 2012 was the International Anti-Corruption Day. The theme is “Act against corruption today” Different organisations, governmental and non-governmental Organisations (NGOs), anti- graft agencies, engaged in different programmes and activities at different fora, to mark the day and restate their commitment to the fight against corruption.
That day, the Nigerian Bar Association (NBA) organised a mini conference at the Rockview Hotel, Abuja to mark the day.
NBA President Okey Wali (SAN) presented the keynote address at the event. He said: “It would appear that corruption is only synonymous with government agencies, parastatals and public service in Nigeria. But this is far from the truth. Researches now validate the fact that corruption may take a number of different forms even in the private sector and private business organisations like private hospitals, airlines, banks, medium and small scale businesses, private companies, etc. These forms of corruption include bribery, embezzlement, patronage systems or nepotism, etc. In our daily private activities in Nigeria, an airline ticket staff may not ordinarily be willing and motivated to assist a prospective passenger to sort out his travel challenges at the airline office without asking or expecting financial tip or incentive in return. So also in a hospital, a medical staff e.g. nurse or administrative staff may be unwilling to trace your file or bring your condition to the attention of the doctor no matter how urgent without expecting a form of bribe or reward. This shows how not only endemic corruption has become in Nigeria, but also how the entire fabric of our society has become systemically infested with the disease of graft.
The role of the NBA in curbing corruption
I am tempted to ask, ‘what the future holds for the next generation?’’
The impact of excessive corruption in our society have deeply affected human rights and fundamental freedom, so the NBA Anti-Corruption Commission will ensure transparency in the investigation and prosecution of corruption cases, as this will reform practice and procedure in judicial processes.
Members of the Bar have a seminal role in this new initiative and should not subvert justice by prolonging trials through frustrating applications, including adjournments.
The NBA calls on its members to promote professionalism, by shunning sharp practices in the interest of their client, against the society, as part of their contribution to the crusade against corruption.
The NBA also calls on the Bench not only to be proactive, transparent, and fair in dispensing justice without delay, but also to adopt best practices in other jurisdictions, for better case management and administration of justice.
No penalty can be considered too severe for those convicted of corruption and corrupt practices. As human rights advocates, we are opposed to the death penalty for those convicted of corruption. Longer enough terms of imprisonment with community service without an option of fine or ‘‘prerogative of mercy’’ will suffice a deterrent.
The National Assembly should realize that the effort at building an enduring democracy cannot succeed in a regime of rapacious corruption, and that it should partner with anti-corruption agencies in realising the mandate of zero tolerance to corruption by passing ‘sunshine’ laws such as the ‘Civil forfeiture Bill’ pending before it to ensure all proceeds of corruption are forfeited. The NBA is concerned with the slow pace of passage of this bill into law, and shall therefore use our Legislative Advocacy Committee to push for its passage.
Anti-corruption agencies should be independent in terms of funding, operation in the execution of their duties; and that the independence of the agencies be strictly maintained and protected against current campaigns and proposals to merge them and therefore dilute their mandates.
The NBA will encourage active collaboration between national anti-corruption agencies and the Nigerian civil society groups and their international peers.
There is the need to promote and sustain public education and enlightenment on the negative effect of corruption in our daily lives.
There is a need to embrace information technology in the fight against corruption. Stakeholders need to appreciate the centrality of networks in forging new communities and employing new strategies and tools such as websites, hotlines, etc where vital information and best practices of fighting corruption can be shared amongst themselves.
Faith-based groups, ethnic nationalities, professional groups i.e. (doctors, lawyers, accountants, business groups, women etc) should consciously stand and speak against corruption at all times.
There should be further synergy and coordination between the EFCC, NDLEA, ICPC, CCB, Nigerian Police as well as anti-corruption entities in the country.
The NBA will promote public knowledge and access to information and most especially, ensure absolute independence of anti-corruption institutions in their investigations and subsequently make their findings public.
The NBA calls for a review of the existing anti-corruption legal frame work especially in respect of anti graft institutions.
The NBA calls for the enactment of Proceeds of Crime Act to broaden the powers of the anti graft agencies. This law will become the broad legal umbrella, under which the anti corruption crusade is prosecuted.
The NBA uses this medium to call on government and other stakeholders to consider the enactment of Ethics in Governance Act as part of Nigerian legal framework in fighting corruption. We believe that moral appeal only does not win anti corruption war. It is the laws that can make the process succeed. On our part, the NBA is willing to work with all stakeholders to strengthen the law.
The Bar has engaged the government on the need to implement the National Assembly report on fuel subsidy and to continue to engage and strengthen anti-corruption institutions to ensure that the desired result is achieved in our society.
Finally, it is important to note that the fight against corruption and demand for good governance goes beyond the actions or efforts of governments, the NBA, calls on all Nigerians to get involved as beneficiaries of public policy, and challenge all forms of corruption. The fight is for all and should be tackled by everyone. Let us join hands together to put an end to corruption in our society. Our avowed commitment to the Rule of Law can only succeed if we rid the country of corruption, we cannot afford to lose this opportunity
May God bless the NBA.
The Chairman of the NBA Ant-Corruption Commission, Mallam Yusuf Ali (SAN) addressed the occasion and restated the commitment of the NBA Commission.
In a chat with The Nation, YUSUF ALI (SAN) said “This is a day that represents a shift from what it used to be with us. It represents a day that shows that the NBA is ready and willing to give the battle against corruption its all. The NBA is also showing a signal that corruption in any strata of the Nigerian society is not going to be tolerated, whether it is among the profession itself, its staff and the generality of Nigerians”.
Ali (SAN) said: “From the tone of the speech of our president, and the little comment that I made on that say, it is now clear that there is unanimity among NBA members even among our members who commented start from within, we must ensure that lawyers themselves are corruption free”.
On his massage to Nigerian Lawyers, Ali (SAN) said: “The battle against corruption has started and we are starting from among ourselves. So, any lawyer who believes that corruption is the only way he could make it, should have a rethink and may be, join another profession”.
Chief Joe-Kyari Gadzama SAN said: “Well, it is a good thing that the NBA has equally keyed into the scheme of things using this platform to talk about corruption and fighting corruption. It is indeed a very good beginning, because we have had a kind of self appraisal, a kind of soul searching and we are being self critical”.
Gadzama stated: “ I believe that this is a good starting point, but we have to go beyond this to make sure that we fight it, not just from the lips, but from the bottom of our hearts and show leadership by example. Those of us that are found to be corrupt, whether they are lawyers or judges should be seen to be punished and it is only then that the public would have confidence and faith in us as lawyers”.
Gadzama (SAN) said that “ If lawyers and the legal profession do not fight corruption, then no other agency, or organ of the government or group of persons would fight corruption more than the lawyers because of the nature of our profession, the nature of our training, our experience and exposure. So, I think that the starting point is the lawyers and the judges because the complaint is everywhere, the searchlight has been in our courts against lawyers but lawyers should be seen to be living above board. This will be major plus for Nigeria as a country”.
S. I. AMEH (SAN) said: “ This is a clear indication of the failure of homes because the traditional core values of honour and integrity are beginning to loose their positions in the homes. Nowadays, children can come to their homes brandishing all sorts of wealth when they have no consequential means of owning those wealth. And rather than questioning the source of the wealth you find them being celebrated with titles and the rest of them”.
Ameh (SAN) stated that “It is a symptom of a failing state because a state like Nigeria for instance, all the mineral resources are ceded to the government, it also means that the government taking all that should also be able to give to the people in return certain basic infrastructures and services. We are talking of housing, schools, good education, health care, transportation and the rest of them.”
But a situation where the government is not seen to be carrying out these responsibilities, people are now saddled with the extra responsibility of trying to meet up with some of these demands, it is one of the things that have led to all these forms of corruption and you will also find out that a situation where there is no transparency in the way and manner the government conducts its affairs does not help the situation at all. For instance, during elections, people are handpicked at the primaries and at the main election itself, you see something that looks like transparency, but by the time you go into the nitty-gritty of it you will find out that it is a different kettle of fish. So much has been said, so much has been written about corruption in Nigeria let this be a period for stricter action”
On his suggestion about the way out of this, Ameh (SAN) said: “My suggestion is on the Freedom of Information Act (FoIA). Nigerians should be given the opportunity to put this Act to test, by the time we do this and people have right and access to information, we will make progress. For instance, if somebody is being accused of corruption and you have no evidence, how do you investigate, how do you prosecute such a person. But with the implementation of the freedom of information Act (FOIA) Nigerians will have adequate information to expose corruption in the system”.
Dr. Garba Tetengi (SAN) said: “ I am optimistic, I believe that we all know the problems, so we should begin to look at how we can deal with this cankerworm”
On how to make progress, Tetengi (SAN) said: “Well as the chairman has said and I associate myself with it there is a need to look inwards, possible organise a workshop or colloquium in order to sit down and address these problems at the very local level and see how we can make progress. Corruption is an endemic concept, it begins from the house. In fact, it is the culture of impunity that has been inculcated from time, therefore there is a need for us to fight it from all angles”.
For the former Attorney –General and Commissioner for justice Kano State,
M.U. Ibrahim (Jam-Jam) “We can get rid of corruption by the NBA being very strict on our members, by seriously dealing those found to be corrupt among us, whoever is found wanting should be dealt with, there are no two ways about it.”
When reminded that the NBA has neither police nor Army to detain those found guilty of corruption practices among its members, Jam-Jam said: “Take for example, the case of a senior Advocate of Nigeria (SAN) in Lagos, who was briefed by a Bank to recover debts from an oil company.
He recovered hundreds of millions of Naira from the oil company but deliberately refused to remit the money to his principal, the bank.
After sometime, the bank talked to the oil company and asked them why they did not want to pay the money. Then the oil company said oh! but we have paid you the sum of two hundred and something million naira. We also sent you a couple of hundreds later. Thereafter the bank called the lawyer and inquired the truth of this statement from the oil company and the lawyer responded and said yes, they sent him a statement, that he had asked his bank to clarify the statement of account from his bank , this and that. So they said ok, send us our money which you recovered from the oil company”.
Jam Jam said: “And instead sending their money to them for them for the bank to pay him his legal fees, the lawyer be removed his fees and other incidental commitments from the money so recovered.
He also removed other monies he called his expenses and the bank briefed a reputable senior Lawyer in Lagos, a Senior Advocate of Nigeria with integrity and credibility to assist them recover their money from this lawyer. The man petitioned the Nigerian Bar Association (NBA), nothing happened, now he has petitioned the Legal practitioners Disciplinary Committee, up till now, we have not heard anything. And the Lawyer is now busy boasting that he did this, he did that and nothing shall happen.”
He said: “ When you allege that a judge gave corruption induced judgment, while you are punishing the judge, also punish the Lawyer involved in the transaction, punish the Lawyer who benefited from such illegal judgment. By doing that we will get to somewhere and people will sit up”.
Jam Jam said “If you say that you want your processes served or that you need the Certificate True Copy (CTC) of a court ruling or court order, or Judgment and the Court clerk said that you must find something for him before he does his work, report such a person to the Chief Registrar of the Court, the Chief Registrar will know what to do, if he does not do anything, report him to the NBA and the NBA will tell the head of that Court what to do. With this we shall get the administration of justice right. For instance, there were allegations of fraud in the Katsina-Alu and Salami face off, are there no lawyers involved in that case, what are you doing about them. Whoever does what is wrong, you punish that person, that is the only way you can correct the system”.
The chairman of NBA
Abuja branch, Mazi Afam
Osigwe said: “In fact we have had a wonderful outing here. Most Nigerians and indeed all Lawyers have an idea as to the way corruption manifest itself on our body politics. I think that what we are taking away here is our collective resolve to tackle corruption formally and identify possible ways of tackling corruption. I share the view that the largest form of corruption in our society emanates from the public sector and if we can get it right in tackling corruption in the public sector, we would have gone a long way.”
On how we can start this, Mazi Osigwe said “the best place to start this is to track budgets, what are the items budgeted for, how is the money spent, are the project on grounds reflective of the money spent, which of those items that are repeated in the budget year in year out.
If we make very good use of the Freedom of Information Act (FOIA) we would have gone a long way in tackling corruption. It is good to identify the different facets of corruption and it is better to actually tackle this to minimise it, I don’t think that we can totally eliminate corruption in Nigeria in my life time, but I believe, that we can substantially reduce it”.
