A
purportedly incorruptible President will not appoint and keep an allegedly corruptible
Secretary General to the Federation on his team and pretend like all is well-
forget about the Kangaroo investigation by the Attorney General of the
Federation (AGF). Well, that`s a discussion for another time.
It
is on record that fighting corruption- a serious endemic that has left our
nation battered and shattered, was one of the primary reasons why President
Buhari was elected, asides for battling the Boko Haram Insurgency.
However,
events unfolding since President Buhari came on board after the general
elections in 2015, (that saw the incumbent president- Dr Goodluck Jonathan,
voted out of office), confirm that as against expectations, President Buhari is
not fighting corruption, but more keen on getting money to fund his campaign
promises through loot recovery and that is exactly what he has been doing.
Nigeria,
since independence have suffered from a total breakdown of law and order in the
hands of its leaders, who technically legitimized corruption- squandered and
laundered its resources and left its citizenry to the mercy of aids. However,
with high hopes and aspirations President Buhari was elected to do the needful-
to clean up the system, go after looters, prosecute them and in the process
recover the loot and make them pay severely for their unlawful actions.
Make
no mistakes; just as loot recovery is of great importance, especially in a time
like this when the country suffers from low income as a result of the dwindling
global oil price, adequate punishment for looters is also much more needed-
this will send a strong message to intending looters and others of like minds
that our society frowns at any form of corrupt practices.
Ironically,
since President Buhari came on board, quite a number of people that worked
directly or indirectly with his predecessor have been alleged for one corrupt
practice or another. From Obanikoro to Omisore to Dikko to Badeh to Fani to
Abatti to Okupe just to mention a few, have been directly or indirectly linked
to one form of financial crime or another in the course of investigation by the
Economic and Financial Crimes Commission (EFCC) - the official agency that
investigates financial crimes and money laundering, confirmed to. In the
process, some have pledged to return parts of the loot while others have already
returned a fraction which is infinitesimal as compared to the value of fund they
are being alleged to have loted. An approach like this cannot be tagged a
sustainable and efficient fight against corruption. It is squarely an approach
for loot recovering alone and nothing but a fund raising approaching.
A
productive and systemic fight against corruption will put in place a framework
and structure that will reduce crime to the barest minimum, possibly put an end
to it and in the process comfortably recover the loot. With a strong political
will as its foundation, the framework will consist of these four globally recognized
anti corruption pillars: 1. Effective Government Administration. 2. Effective
Anti-Corruption Laws. 3. Adequate Punishment. and 4. Effective Anti- Corruption
Agency.
Hitherto,
none of these pillars seems to be efficient and sustainable. The government apparently
seems handicapped, the laws are flawed, there are basically no sound punishments
which could serve as deterrent to offenders and the anti-corruption agency on
its part cannot be said to be effective when its tools are not working.
The
EFCC brags about the value of loot recovered so far in the last one year,
forgetting that loot recovering is secondary to the objective of its
establishment but the restoration of sanity to an already messier and stinking
society and for the maintenance of a transparent and accountable society- which
in the process can then recover loot.
Painfully,
since the president came on board, it's quite obvious that he is more concerned
about loot recovery than about creating a regime of punishment that is severe
enough to hammer home, audible and clear, the message that corruption does not
pay. A regime that offender is not allowed to enjoy any of his or her
ill-gotten gains. 2 years since he was sworn, no conviction has been made as
related to any corrupt case that the EFCC have been investigating.
Some
may choose to fault the role of the judiciary in the fight against corruption.
Some may argue that the judiciary is hampering the success of this struggle-
indeed they are! However, whose fault is it if that is the case- My fault or
your fault or the fault of the common man on the street? Of course not! The
bulk stops at the table of the president. If we had in place those 4 pillars earlier
mentioned, it would be difficult for the judiciary to compromise.
The
president must understand that it was both on the premises of loot recovery and
severe punishments to looters that he was voted- turning around to do one and
ignoring the other is like doing nothing- as this approach will have little or
no impact on combating corruption.
We
can`t run a system of loot recovery alone and confidently say we are fighting against
corruption or expect to have a cleaner society- not possible. Even more terrible
is when the loot recovered is quite small as to the value of what was stolen.
In saner countries around the globe, offenders pay more. For instance- some
time ago in Singapore, a manager of a Multi-National Company (MNC) was convicted
of a corruption- for receiving kickbacks for contracts he granted to others. He
was sentenced to 10 months imprisonment and ordered to pay a penalty of about
$300,000- being the total of bribes received by him. After the sentencing, the
MNC commenced a civil action under the Prevention of Corruption Act to recover
the bribes from the Manager. The manager appealed to the Court of Appeal
against the claim on the ground that he had already paid the penalty to the
State for the bribes he had received and he could not be liable to pay the
claim to the MNC, otherwise, it would be tantamount to making him pay twice for
the same bribes. However, his appeal was dismissed by the Court of Appeal. The
court ruled that this was not double jeopardy and the law allowed for it. The manager
is thus still liable to pay the MNC.
In
another Appeal case in Singapore, involving a private banker convicted of
corruption involving bribes of $150,000 (Wong Teck Long vs PP), when the
accused appealed against his conviction and sentence, the prosecution
cross-appealed on the sentence, the High Court not only dismissed the accused’s
appeal but enhanced his original sentence from 4 months to 15 months
imprisonment. In passing this judgment, the Chief Judge said: “To safeguard the
overall public confidence in the integrity of our banking and financial
industry as well as Singapore’s reputation as a regional and financial hub,
punishment for deplorable and corrupt acts, such as that of the appellant, must
be swift and harsh so that a strong message will be sent out to the offender at
hand and would-be offenders that Singapore does not, and will not, without
exception, condone corruption.” Those are examples from a country that is
indeed fighting corruption.
Fact
is, we are doing a grave injustice to millions of Nigerians who have suffered
and still suffering from the consequences of corruption, if we focus on loot
recovery and zero deterrent to looters. We are doing ourselves a disfavor when
we give looters the impression that they can bargain their way out by offering
to return an itsy-bitsy portion of the value looted and they return home to
enjoy their ill-gotten wealth.
With
the current happenings, Mr President is not fighting corruption he is only raising
funds from looters. The irony of this ideology is, most of the loot may end up
being re-looted and we may be back to the same point.
Again,
an effective fight against corruption will put into consideration the four
pillars of anti-corruption movement- Effective government, effective law,
effective anti-corruption agency and adequate punishment to serve as a
deterrent to others.
Long
live the Federal Republic of Nigeria!!!
Ogundana
Michael Rotimi is a Nigerian Biochemist, Socio-economic & Political
Commentator, and Public Speaker. He tweets @MickeySunny.
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