Immunity clause in the war against corruption
From Saxone Akhaine, Kaduna
FEDERAL lawmakers at the three-day first summit on Corrupt Practice and Financial Crimes, in Kaduna State on the laundering of the country's image, agreed on one thing - that the country was paying a huge price because of corruption. They agreed that the abrogation of the immunity clause in the 1999 Constitution was a place to start the fight. The contentious immunity clause makes it impossible to prosecute corrupt state governors and other public office holders.
The leadership of the House of Representatives declared that the time has come to employ all methodology, including the removal of immunity clause from governors and other public servants in order to bring sanity to bear in the affairs of governance.
The summit organised by the Lower House and officials of the African Diaspora Initiatives became the platform to address the issue and the role of the lawmakers in stopping the trend.
The leadership of the House of Representatives was blunt in condemning the activities of corrupt activities of some governors. The immunity clause they said would continue to provide shelter for those set to loot the treasury.
The Speaker of the House of Representatives, Aminu Masari said that the summit, which was organised by the House Committee on Anti-Corruption was timely "with the recent disputations about the classification of our country as the third most corrupt nation by Transparency International."
On the role of the legislature in the fight against corruption, Masari said, "it is clearly spelt out in the constitution and our functions of legislation, oversight and representation bear this testimony and provide us with the responsibility of leadership in this area.
"In reflecting on these matters, it is imperative for us to recognise the fact that the legislature has fully endorsed and provided full support for all the initiatives brought forward by the executive bills that established the anti-corruption commission and the Economic and Financial Crimes Commission (EFCC) Act. We fully support the due process being implemented in government business and will welcome legislative proposals formalising transparency initiatives in governance.
"We have done all these with the firm belief and conviction that corruption is a reprehensible and unjust practice and conduct that undermines the legitimacy and stability of government. It is a weapon of mass destruction and terror employed by the rich and powerful against the powerless and the weak. And no regime can endure and prosper in an atmosphere of injustice, which corruption promotes."
Masari insisted that, "in order to be credible in the eyes of the people, and maintain their trust and confidence in the democratic process, justice and fairness have to be enshrined in the conduct of public affairs. The legislature has the onerous responsibility of ensuring public safety and morality. It is the foremost anti-corruption institution with the greatest stake in the survival of democracy and public welfare. Therefore, in fight against corruption we should assume the leadership role and we have all the constitutional powers and guarantees to spearhead this struggle."
The Chairman of the House Committee on Judiciary, Bala Ibn Na'Allah, said that corrupt governors have brought shame and reproach to the image of Nigeria, and that their days are numbered.
He said, "why this issue is even beclouded is that the original immunity clause in the Constitution is well intentioned.
"It is inserted there on the assumption that people who hold public office would perform the functions of their office in accordance with the oath of their office. It is only to that extent that the immunity clause is to their aid.
"But recent events have shown that there is a great need for a review of the clause, as we have seen the different employment of their immunity clause now. It therefore, means there is ground to do something, and that something would be done by the National Assembly."
The Chairman of the EFCC, Nuhu Ribadu, in an 11-paged paper, "Obstacles to Effective Prosecution of Corrupt Practices and Financial Crime Cases in Nigeria" listed some of the obstacles the Commission has contended with in fighting corruption to include:
- co-operation from person or institutions who should furnish it with relevant information;
- the quality of evidence gathered at the investigation stage;
- the transparency of investigation of the case itself;
- the competence of prosecuting counsel;
- the transparency and fairness of the presiding judge in the trial and
- Lacunas or gaps in the law guiding prosecution.
Ribadu emphasised that for the country to be serious in the fight against corruption, "there is need to amend the Evidence Act, The Criminal Procedure Act, Criminal Procedure Code to accommodate the technological advancement and challenges of our contemporary times.
He called on members of the National Assembly to be proactive in amending the laws in order to rid the country of economic and financial crimes.
"The 1999 Constitution needs to be amended to remove those constrains in the enforcement of economic and financial crimes. It must balance the rights of the citizens against those of the state and victims."
Head of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Justice Mustapha Akanbi, restated that the body is set to bring political bigwigs to book by hastening their prosecution.
Akanbi in his 19-page paper, "Is ICPC a Toothless Bulldog?" argued that the perception of some Nigerians that the anti-corruption body has not been able to meet the expectation was untrue. He stated that the proffered panacea adopted by the present government could not match the effect corruption was having on the polity.
He said: "The political will was not strong enough to resist the forces of corruption; the Criminal and Penal Codes do not lend themselves to easy application.
"Apart from their complex wordings that created technical problems of interpretation, the application of the penal law was restricted to offence of corruption committed by members of the public service. The inadequacies of the earlier legislation and the apathy of the law enforcement agencies in prosecuting corruption cases as well as the unwillingness of the citizens to report cases of corruption created a conducive atmosphere for corruption to thrive. Many saw it as a way of life and indeed the easiest way of making cheap ill-gotten wealth.
"Worse still, looters of the treasury were hero worshipped and given undeserved business environment and this has resulted in a decline in domestic and foreign direct investment in the country."
The indices provided by the ICPC boss indicated that "by 1999, the level of corruption had become frighteningly embarrassing, as it pervaded the national atmosphere and overwhelmed all levels of government.
"It caused the distortion or diversion of government welfare programmes and continued to undermine the goals of development, as public funds were often arbitrarily handled and used for private or personal purposes."
Akanbi warned those who see the commission as a "toothless bulldog" to watch out for what would soon become the fate of public officers who are in the net of the ICPC.
He said: "It is equally important to mention that the Act establishing the commission is all pervasive and no one is immune from being investigated on any allegation of corruption or anything purportedly to contravene any of its provision.
"Indeed, section 52(1) of the Act provides for the procedure to adopt when any such allegation is made against the president or vice president or a state governor or his deputy. The immunity enjoyed by this class of citizens relates to power of prosecution while they held office."
But, the contention of the lawmakers in the House of Representatives in their resolution was that immunity would soon be removed to make such public officers accountable to their ugly deeds.
The chairman of the House Committee on Anti-Corruption, National Ethics and Values, Nduese Essien said "the constitutional provision on immunity of public office holders should be expunged to allow for a check on the behaviour of such office holders."
He noted: "The declaration of assets by all public officers should be gazetted, made public, and backed by necessary legislation. The constitutional power of the attorney-general to enter a nolle proseque should be reviewed to allow for unhindered prosecution of violators of economic and financial laws."
Some lawmakers were desirous of taking the fight beyond the sphere of the summit, highlighting the finer details and ways of dealing with corruption in Nigeria. They noted that experience shows that in the past, mere intentions and words have failed to adjust the perception on corruption and that something concrete has to be done.`
Apart from their complex wordings that created technical problems of interpretation, the application of the penal law was restricted to offence of corruption committed by members of the public service. The inadequacies of the earlier legislation and the apathy of the law enforcement agencies in prosecuting corruption cases as well as the unwillingness of the citizens to report cases of corruption created a conducive atmosphere for corruption to thrive. Many saw it as a way of life and indeed the easiest way of making cheap ill-gotten wealth
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