Anti-graft campaign, four years on
From Emmanuel Onwubiko, Abuja
RECENTLY, the Justice Mustapha Adebayo Akanbi-led Anti-graft Commission had cause to publicly address certain issues. It was during the low profile events scheduled to celebrate the fourth year anniversary of the body- Independent Corrupt Practices and other related Offences Commission (ICPC).
Among the several issues that came up at the dialogue with the media was the conclusion among the agency's critics that corruption was still widespread in the country despite the activities its activities. Surprisingly, Akanbi, a retired Justice of the Appeal Court and chairman of the anti-graft panel maintained that Nigeria was not as corrupt as the international community would want people to believe.
Specifically, Akanbi said the report by Transparency International, the Berlin Germany based group about Nigeria's high ranking among the world's most corrupt nations was "faulty" since it was purely based on perception of few observers who are usually interviewed by the organization.
He however admitted that corrupt practices were widespread in most government and privately run institutions and lamented that political leaders lacked the will power to battle the scourge. This according to him can be seen in the gross under funding to which the Commission had been subjected since it was established.
Akanbi also faulted a recent report conducted by a World Bank-affiliated agency, which showed that the Nigeria Police and the National Power Electricity Authority (NEPA) were two of the most corrupt agencies in the country. This he said prompted his panel to write a letter attaching the report on the corrupt practices to heads of both Police and NEPA for reply.
He said his Commission recently paid N8 million to facilitate the introduction of anti-corruption studies in all levels of the nation's schools. He disclosed that a technical team of curriculum experts is already working on an operational guideline and assured Nigerians that soon Anti-Corruption courses would become a subject in all schools in the country.
A draft bill of some fundamental amendments to the original Anti-graft Act 2000 has been submitted to the National Assembly. Said the chairman:
"We want to amend the ICPC Act that all cases should be granted accelerated hearing. On the granting of bail to suspects, we propose an amendment that the exercise of discretionary powers by Judge on corruption-related offences must be done cautiously. We are also amending the provision that prescribes the handling of our cases by designated judges appointed by Chief Judges of States and we want our cases to be handled by the Federal High courts."
The chairman of the anti-corruption Commission said that at least N2 billion was needed as modest annual budget to battle the scourge of corruption. He also said that his commission will prosecute corrupt governors as soon as their term of office expires in 2007.
Akanbi however said his panel does not have the jurisdiction to try General Ibrahim Babangida over the alleged missing oil windfall. This also applies to Dr. Julius Makanjuola, dismissed permanent secretary of the Federal Ministry of Defence whose N420 million fraud case ended abruptly. The case was discontinued when the office of the Federal Attorney general asked for nolle prosequi citing section 174(c) of the 1999 Constitution.
Justice Akanbi said his panel lacks the power to try them because the ICPC Act 2000 is not retroactive or retrospective and cannot be used for offences committed before year 2000. He however added that because of the international embarrassment caused to government by the discontinuation of the prosecution, the panel, members were understudying the file on Julius Makanjuola and may send it to the Economic and Financial Crimes Commission (EFCC) or the Police for necessary.
On the failure to convict big offenders Mr. Mike Sowe, the head of the commission's public enlightenment department said criminal proceedings have been initiated against some influential members of the society indicted for alleged anti-graft offences.
Former Secretary General of the Nigeria Football Association, Dr. Ahmed Tijani Yusuf was charged to court on July 6 for alleged corrupt practices. Yusuf was accused of conspiring with Mr. Tim Abari, head of Accounts at the NFA to pay themselves the sum of N1.2 million for a non-existent contract. The former NFA Secretary General is also charged with collecting the sum of N800,000 from the coffers of the Association for a non-existent contract. He is also accused of knowingly furnishing false statements by presenting a fake quotation purportedly issued by Tenmins Nigeria Limited.
The Head of Accounts, Mr. Abari was charged with collecting the sum of N400,000 from the coffers of the NFA for a non existed contract, Sowe said.
Henry Emore, an ICPC prosecutor told the court that a third accused, Mr. Adelowo John was arraigned for aiding and abetting Dr. Ahmed Yusuf and Mr. Tim Abari by paying to them the various sums of money they collected. The eleven count charge against the three NFA officials indicates that the offences which contravenes sections 16, 19, and 26 of ICPC Act were all committed in December 2000. The presiding Judge, Justice Ishaq Bello of the High Court, Gwagwalada granted the three accused person's bail and fixed the 23rd of September 2004 for hearing.
Justice Akanbi said that so far, the Commission has received a total of 1,270 petitions and that 34 criminal cases are in court across Nigeria with only 26 investigators. Akanbi said with only N1.5 Billion allocation since inception, the Commission has not done much in ensuring the establishment of zonal offices in the six geo-political zones.
But other observers believe that the ongoing prosecution of some immediate past ministers for their alleged involvement in the National Identification cards scam is a demonstration of the resolve of the Anti-graft panel to take the fight to the door steps of prominent Nigerians.
On June 3, 2004, the Federal Government filed fresh 19-count charges against immediate-past Labour and Productivity Minister, Alhaji Hussaini Zannuwa Akwanga. Also affected were former National Secretary of Peoples Democratic Party (PDP), Dr Okwesilieze Nwodo, and Ms Turie Akerele, one time federal solicitor-general and immediate-past permanent secretary in the Federal Ministry of Internal Affairs. The charges were in respect of an alleged 24 million United States dollars National Identity Card bribery.
The suspects who pleaded not guilty to the charges were however released on bail on self-recognition after the presiding judge; Justice Mudashiru Oniyangi took the submissions of all the counsels. Mr Sanusi Kado, the Anti-graft legal representative did not oppose the bail bid.
Justice Niki Tobi of the Supreme Court said that corruption is still rampant in the country. He however welcomes the establishment of the corrupt
practices commission which to him is a check to corrupt minded Judges in the nation's judicial sector.
At a public forum during which he delivered a lecture
titled "Judicial Ethics, code of conduct for judicial officers and the corrupt practices and other related offences Act" the jurist noted that; "one
innate and cancerous problem in the world is corruption. It is a problem which virtually the entire world openly disclaim and detest, but which
unfortunately is the bane of the entire globe. It is the issue most talked about in our contemporary world
and yet no solution has been found. Corruption is a social malady, not only in the developing economies but even in the developed economies. Gone are the days when a public comment on corruption in the judiciary was anathema or execration. It is more so in our contemporary society. It is known that a few Judges are corrupt and this is the truth. Corruption in any of it's social forms, is inimical to the judicial process. Both cannot operate in the same boat or run a race in the same track. Therefore a judge who is corrupt is the greatest enemy of the judicial process. A corrupt judge is blind to the truth. He is incapable of searching for the truth in the judicial process. His mind is diseased and he is incapable of
doing justice in the matter before him. He likes the party that gives him bribe and hates the party that does not give him bribe. He therefore gives judgement to the party he likes and gives judgement against the
party he does not like."
Governor Chris Nwabueze Ngige of Anambra State believes that the National Judicial councilNJC, statutorily empowered to discipline erring judges, and headed by the chief justice of Nigeria Justice Mohammadu Lawal Uwais has performed well in the crusade against corruption. The Governor told The Guardian in an interview that the body has shown more than enough commitment to wage a total war against
corruption.
Justice Umaru Farouk Abdullahi, The president of the Court of Appeal said at a recent public event that the hierarchy of the nation's judiciary in the last four years has demonstrated zero-tolerance to corruption and vowed to fish out and punish any erring judicial
Office
Justice Roseline Ukeje, the Chief Judge of the Federal
High court also shared the opinion that the establishment of the Anti-Graft commission is a bold step to fight the hydra headed problems associated
with corruption.
According to her, the corrupt practices
and related offences commission was born to "fight a desperate scourge in our nation, with
particular reference to public officers which by construction includes judicial officers."
The judge continued; "It is instructive that the independent corrupt practices and other related offences commission Act has no minimum level of
corruption below which a public officer can fall, before being subjected to investigation and punishment
as prescribed by the Act. All public officers are to be on their guard while performing their perpetually
delicate and often dangerous duties. It is trite that corruption in any of its social forms is inimical to
the judicial process. As with the general legal maxim "caveat emptor" I also post a caveat to judicial
officers to beware of the anti-graft law."
However, the leadership of the Conference of all Nigerian political parties led by Alhaji Balarabe Musa believes that the anti-graft panel is a mere toothless bulldog set up to witch-hunt opposition politicians.
Alhaji Lateef Adegbite a leading Islamic leader argues that corruption thrives in the top echelon of the nation's civil service.
