By Walter Duru, Ph.D
In September, 2016, Civil Society and Media
practitioners in Nigeria gathered in Enugu to review the country’s
anti-corruption war. The meeting, supported by the Justice for All of the
British Council was attended by about fifty Civil Society and Media
practitioners interested in the anti-corruption war.
Top on the agenda were the several cases
involving politically exposed and influential persons, or what one may call
high profile corruption cases; many of which have gone to sleep, as well as
transparency concerns within the country’s anti-graft agencies.
One of the major issues raised was that of the
immediate past Chairman of the Economic and Financial Crimes Commission- EFCC,
Ibrahim Lamorde. Many questioned why he is not being investigated on
allegations of misappropriation of over One Trillion Naira as Chairman of the
EFCC; as alleged by one Dr. George Uboh, an Abuja-based Whistle Blower. If we
have One Trillion Naira now, Nigeria will not be talking of borrowing about Thirty
Billion Dollars to finance the 2016 Budget. What about the immediate past
Governor of Rivers State, Chibuike Rotimi Amaechi - why is he not being
investigated over allegations of misappropriation of more than Two Hundred Billion
Naira belonging to Rivers State? Will investigating him open a can of worms?
Are the authorities playing safe? What about the Chief of Staff to the
President, Abba Kyari and the MTN Five Hundred Million Naira bribery scandal;
as well as Secretary to the Government of the Federation, Babachir David Lawal
and the Two Hundred and Seventy Million Naira IDP grass cutting scandal? Is it
a case of sacred cows? Time shall tell!
Other cases examined at the Enugu meeting were
those involving some Ex-Governors, Ex-Ministers, Ex- Lawmakers, Ex-Federal and
State Civil Servants, members of the private (Banking) sector and businessmen.
Former Governor of Rivers State, Governor Peter
Odili is said to have gotten a perpetual injunction restraining the country’s
anti-graft agencies from investigating, arresting or prosecuting him. The
judicial pronouncement granted former Governor Odili judicial immunity on the
frivolous ground of fundamental human rights. That can only happen in Nigeria.
But, why was it not appealed? As absurd as it were, none of the country’s
anti-graft agencies approached a superior Court to set aside the order? Many
will blame it on absence of political will to prosecute; but there is definitely
something they are not telling Nigerians.
What about the case of the governor of Kaduna State,
Mallam Nasir El-Rufai? Many will argue that he is presently enjoying immunity
and cannot be prosecuted, but he is less than two years old as Governor, while
the matter dates back to about 2010. As former Minister of the Federal Capital
Territory, El-Rufai was arraigned on an 8-count charge of abuse of office and
gratification through his office.
The matter was before a Federal Capital Territory
High Court (12), Abuja, with number: FCT/HC/CR/05/2020. It is on hibernation today.
Another case of interest is that of the daughter
of Nigeria’s former President, Olusegun Obasanjo, Senator Iyabo Obasanjo-Bello.
She was arraigned on a 56-count charge bothering on corruption. Plea was taken,
but the case was stalled, as defence lawyer filed to challenge charges and
application pending for determination. The application is no doubt, one of
those frivolous applications to delay trial. The case is not moving forward,
despite the birth of the Administration of Criminal Justice Act.
What about our own Farouk Lawan, former Chairman,
Adhoc Committee on Fuel Subsidy Regime and former Chairman, House of
Representatives Committee on Education? He was arraigned before a Federal High
Court in Abuja over bribery and corruption allegations amounting to about
Ninety Six Million Naira (N96,000,000.00). Is the case dead, or resting?
Again, former Managing Director of Federal
Airport Authority of Nigeria- FAAN, Roland Iyayi’s case has gone to sleep.
Iyayi was arraigned on an 11-count charge bothering on corruption and abuse of
office before a Federal Capital Territory High Court, Maitama, Abuja. In his
case, plea was taken, trial commenced, prosecution witnesses were already
testifying, before the matter went underground.
Dr. Dayo Olagunju, Ex-Secretary, National
Commission for Mass Literacy, Adult and Non-Formal Education, Joshua Alao,
Alice Abang, Jibrin Waguna, Ahmed Abubakar, Shehu Abdullahi, Dr. Victoria
King-Nwachukwu, Adamu Khalid, Moses Oseni, Francis Awelewa and Bashir Suleiman
were arraigned before Justice Anuli Chikere of the Federal High Court, Abuja,
with suit number: FHC/ABJ/111/2009. They were arraigned on an 83-count charge
on offences under the Public Procurement Act, Money Laundering and stealing.
Plea was taken and the matter adjourned for trial. Today, the matter is in the
dream land.
What about former governor of Plateau State,
Joshua Dariye? He was arraigned on a 23-count charge of criminal misappropriation
of public funds, embezzlement and criminal breach of trust. The case lingered
at the Supreme Court on the issue of jurisdiction until recently. He is accused
of stealing over Seven Hundred Million Naira and was arraigned before a Federal
Capital Territory High Court, Gudu, Abuja, with suit number: FCT/ABJ/CR/81/2007.
Interestingly, Dariye, now a Senator representing
Plateau Central in the upper legislative chamber, in September, 2016, decamped from
the Peoples Democratic Party-PDP to the All Progressives Congress- APC, claiming
that his former Party, the PDP is in crisis. Pundits however argue that he may
have joined the ruling Party in order to avoid the reopening of the case of
corruption hanging on his neck. The impression created so far, no doubt, is
that joining the ruling Party gives the individual(s) immunity from prosecution.
The list is endless. But, why are the old cases,
some of which have lingered for over a decade not moving forward? Is it about
political will or judicial collusion or even compromise on the part of the
prosecuting agencies/counsels? Why are the new cases of corruption involving
public office holders not being investigated? There is no shortage of reasons
for the retreat of justice in high profile corruption cases, but the time has
come for Nigerians to refuse to accept any excuses for failure to prosecute
corruption cases.
The amount of money stolen from public treasury
is so huge that the fact that Nigeria is still standing firm is a miracle.
Corruption is at the root of virtually all the country’s woes; it is the cause
of unemployment, poverty, underdevelopment and hunger in our land.
One of the promises made to Nigerians by
President Mohammadu is to fight corruption. The war has not started, until the hibernated
high profile corruption cases are resuscitated and concluded.
The legal framework against corruption in Nigeria
needs to be strengthened. The Proceeds of Crime Agency (POCA), Nigeria
Financial Intelligence Center (NFIC), Whistle Blowers Protection (WBP) and
Mutual Legal Assistance (MLA) Bills should be passed without delay.
The country’s anti-corruption agencies must be
sanitized; persons with toga of corruption disengaged from public offices, ‘corrupt
sacred cows’ demystified, investigated and prosecuted.
When the above steps are taken, Nigerians will be
reassured that the anti-graft war is real. While all the accused persons are
presumed innocent until proven guilty, steps must be taken to urgently conclude
the cases, started with Nigerian’s tax payers’ money.
Whoever the courts acquit, so be it, but let the
cases be concluded and not be in hibernation forever. The time to act is now!
Next in the series, we shall address some other high profile corruption cases that have gone to sleep.
Dr. Walter Duru is the Executive Director of Media Initiative against Injustice, Violence and Corruption-MIIVOC and a Communication expert, and you shall be reading more of his articles on this platform
HIBERNATING HIGH PROFILE CORRUPTION CASES: TIME FOR ACTION!
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