Guardian Law page 44 Tues 26th Jan 2016 How lawyers score prosecution of
anti-graft war
- By Ibe Uwaleke and Godwin Dunia on January 26, 2016
2:20 am
Caroline Aije
Flay government’s disrespect to
court orders, Rule of law
Condemn handcuffing of suspects to court
At
home, his administration is stepping up efforts through the Economic and
Financial Crimes Commission (EFCC) to prosecute those who have been fingered
for their involvement in the various scams that took place in the immediate
past regime.
Corruption in Nigeria, no doubt has brought this country to its knees and
impoverished its people for too long that this time around, it must be
confronted head on in order to eliminate its adverse effects.
A
Lagos constitutional and human rights lawyer, Carol Ajie, said that corruption
destroys nations and their people which must not be allowed to thrive for any
reason. Her words: “Corruption destroys nations and their workforce, reduces
productivity, hinders development, worsens poverty, marginalizes the poor, and
hence these issues raise human rights concerns for all. The economic effects of
corruption lead to the conversion of public wealth to private and personal
property, imbalanced economic development, poor work ethics and
professionalism, hindrance to the development of fair market structures and
unhealthy competition. Corruption has tied this country’s development down and
left the common people scrambling for survival amidst plenty.
This
was why President Buhari was voted for in March 2015 so that we may not as a
nation continue with the embarrassing conduct of business as usual”
In the same vein, American Secretary of State, John Kerry on
a global stage at the 2016 World Economic Forum in Davos, Switzerland, while
acknowledging the efforts Nigeria is making at home to curtail this epidemic,
painted a gloomy picture on how corruption destroys nations, businesses and
investments when he said: “Corruption is an opportunity destroyer because it
discourages honest and accountable investment; it makes businesses more
expensive to operate; it drives up the cost of public services for local
taxpayers and it turns a nation’s entire budget into a feeding trough for the
privileged few.”
With
the seriousness that the fight against corruption demands, a lot of people are
raising doubts whether the Buhari administration is also seriously committed in
ridding this country of corruption with the method he is adopting in the fight
which is already raising concerns of whether the nation will finally reach the
Eldorado.
While many will welcome an all-inclusive fight that will carry people along and
heal the wounds in the land, others are kicking against selective prosecution
of perceived political opponents geared towards victimization and vendetta that
will only breed bad blood.
Reacting
to this notion, Ajie said ‘US Secretary of State John Kerry was right when he
reminded the audience at the World Economic Forum, that President Buhari
inherited a corrupt system. Hence all Nigerians irrespective of political
parties must urge Buhari to launch sincere and honest war against graft either
against APC or PDP considering the fact that national agencies cover 36 states
of the Federation’.
She
admonished: “Buhari must be above board himself, he and members of the first
family cannot effectively fight corruption and be perceived as guilty as was
reflected in his 2016 budget of profligacy for a President who rode to power on
the crest of a Spartan lifestyle, retaining the luxuriant fleet of aircraft he
inherited from his predecessor-in-office and maintains the presidential fleet
at the cost of N1.8billion per month, which can be money capable of
transforming the lives of thousands of internally displaced persons and their
families in the North East.
Buhari
must imbibe the spirit of self-sacrifice like the new President of Tanzania,
John Magufuli who implements austere programs for himself and others. Buhari’s
priority within four weeks of his swearing-in was the construction of a helipad
in his hometown Daura at the cost of $500,000 and to now desire N4billion for
Aso Rock clinic and N800 million for website construction, in the budget as
items, are very absurd and sets the citizenry against a kleptomaniac mindset”.
Under
democracy, war against corruption is fought and won or lost through the court
system and respect for the rule of law. The issue now is to interrogate the
capacity of the Nigerian courts to handle the increasing number of corruption
cases and the President’s preparedness to respect the rule of law.
It
is even being contemplated whether the country can establish special courts to
handle the corruption cases, as well as declare a state of emergency on the
pandemic.
In
his reactions to these issues, Lagos lawyer and a senior advocate of Nigeria,
Norrison Quakers, admonished that the government should not combat corruption
frontally at the expense of other areas of the Nigerian polity that needs to be
addressed because corruption is not the only problem confronting the country.
He
stated further that, if the laws and the enforcement agencies are efficient and
effective, the ways and manner corruption is being fought would not have
arisen.
“In
other developed climes where public officials are found to be corrupt, they
will be arrested, prosecuted and convicted accordingly, because it has been
entrenched in their system.
That
is why people are raising questions concerning the nation’s own prosecutions
have become a show. Of course, the aspect of public spectacle is psychological,
even when there is also a constitutional provision that anyone who is arrested
for an offence is presumed innocent until proven guilty by the law. The aspect
of arraigning and displaying to public spectacle is a showcase of guilt which
runs contrary to the constitutional provisions. Again, you don’t arrest a man
and subject him to detention without trial beyond the constitutional provision
of 48 hours”, he said.
Quakers
also reacted to non-compliance to court orders by the Federal Government
stating that, “If a person had been granted bail and if there are reasons for
re-arrest, it must not be for the purpose of the charge for which he had been
granted bail.
“
If there are other cases pending against him, the government must first show
that he had complied with the order of the court granting the accused person
bail, then it can subsequently have another case against him”, he advised.
He pointed out that, this must have prompted the Chief Justice of Nigeria
recent order that courts should stop granting remand orders to EFCC.
“In
developed countries, when a person is arrested, he will be granted
administrative bail. The essence of bail is that you will be present at your
trial. But in some instances, you might be denied bail and that is, if you are
likely to jump bail or not present yourself for trial”.
To
Quakers, ‘it is indeed a welcome development that those who were suspected to
have plundered the country’s commonwealth are not treated as sacred cows. But I
think the government should also saddle itself with responsibilities from other
areas of the economy.
“I
believe we should not sensationalize the crusade for ill-gotten wealth, but
adhere strictly to the law. In a democratic dispensation the rule of law must
prevail and the constitution must be supreme”, he added.
On
the change of attitude of the people generally, he stated that: “For the first
time in the history of this country, everyone is now conscious and careful of
what he does, most especially, government officials. People are now going into
government with every sense of responsibility. It is no more business as usual.
If this alone is what this government has achieved, I think that is good”.
Corroborating
Quakers on the issue of rule of law in prosecuting alleged corrupt people, Dame
Ajie said: “In a democracy, in the 21st Century where the rule of law ought to
be promoted as alternative to chaos, disorder and dictatorship, President
Buhari made a public declaration at his maiden media chat in December 2015, in
front of TV camera and denounced subsisting court orders that are unfavourable
to him. Many citizens, institutions and the Nigerian Bar Association frowned at
him for his disrespect of court orders, as the war against corruption must be
won legitimately by applying lawful tools.
“Having
taken the Oath of Allegiance to protect the Constitution of the Federal
Republic of Nigeria and the Oath of office to discharge his presidential duties
as distinct from ‘personal’ duties faithfully, in accordance with the Constitution
and the Laws of Nigeria without ill-will or personal animosity, President
Buhari must respect the revered Oaths he took voluntarily, not being permitted
to demonstrate lack of respect for Court Orders or to make puerile attempts to
justify it in stating that some persons his regime arrested and detained under
dehumanizing conditions against subsisting court orders, must remain so
detained. That has been rejected by all civilized nations as it tends to
promote anarchy”.
On
his on part, Quakers advised government to understand why Nigeria is facing the
predicament of corruption and why the people are fighting the war against
corruption. He also stressed the need to have a principle that will checkmate
public office holders such that it will no longer be business as usual.
“In
the United Kingdom, there are laws similar to what we have in the EFCC. But our
problem is that these laws are not applicable or implemented as they should.
Look at the motto of the EFCC, which reads thus: ‘Whatever you do, wherever you
go, EFCC will get you’.
To
me it looks like a vindictive provision and I think we should do something to
change this impression. Laws are to reform and not to arrest and punish.
