President Muhammadu Buhari’s decision to revisit corruption cases involving former state governors represents a bold move to refocus the ongoing anti-graft crusade to embrace a vital segment that has been seemingly overlooked over the years. Up to this moment, corruption cases against governors have mostly attracted tepid responses. However, the success of this reanimation, as with other corruption battles, will depend largely on the sincerity of purpose by the judiciary, especially the willingness of judges to sanction established treasury looters. So far, this has been lacking.
There is no doubt that many state governors have the tendency to be corrupt because of the enormity of resources under their control and the immunity they enjoy from prosecution, while in office. It is for this reason that the Presidency is taking a step to review such cases already investigated by the anti-graft agencies, the Independent Corrupt Practices and Other Related Offences Commission and the Economic and Financial Crimes Commission, with a view to prosecuting them. Some of them date back to 2003.
In stating the government’s intent, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has been quoted as saying, “It is the position of the present administration that these suspects must be prosecuted in line with the anti-corruption agenda of the government.”
Prosecuting all Nigerians, regardless of class or political standing, who might have criminally enriched themselves at public expense, is the only way to send a strong message to other corrupt individuals that it will no longer be business as usual. As a segment of government that controls about 47 per cent of accruals to the Federation Account – both its own share and that of the local governments, which it routinely illegally appropriates – any government professing to be fighting corruption without beaming its searchlight on the activities of governors cannot be deemed to be serious.
This is exactly why many governors are not behind bars today, despite the fact that 31 of them were investigated during Nuhu Ribadu’s tenure as the EFCC chairman. Ribadu had in 2006 presented a report to the Senate which indicted 31 governors. Unfortunately, the President under whose tenure their prosecution should have taken place, the late Umaru Yar’Adua, was not enthusiastic about doing so, being a former governor himself. Ribadu was, therefore, stopped in his tracks. This is why the latest move by the Buhari Administration should be applauded.
Evidence that Yar’Adua was not interested in pressing charges against his former colleagues became noticeable after a former governor of Delta State, James Ibori, was detained and later arraigned. For daring to do his job, Ribadu was not only fired, he was also demoted and was lucky to escape from Nigeria alive. Ibori was eventually freed by a court without taking his plea, while his colleague from Rivers State, Peter Odili, obtained a perpetual injunction, barring his investigation, arrest and prosecution. The same Ibori is currently serving a 13-year jail term in Britain for the same offences after admitting guilt even before the commencement of trial.
Besides the lack of interest in prosecuting the governors by Yar’Adua, the deeply flawed criminal justice system, especially the role of judges, allowed the former governors to escape justice. Some of the judgments delivered and the frivolous injunctions granted tended to paint a picture of judges that had been compromised. It is scandalous that only Lucky Igbinedion of Edo State and the late Diepriye Alamieyeseigha of Bayelsa State have so far been successfully and conclusively prosecuted. Even then, Igbinedion’s conviction could as well pass for a travesty of justice. Accused of money laundering and corruption involving billions of naira, he was slapped with a paltry N3.5 million fine.
Generally, it is easier for a man who stole a goat to end up in jail in Nigeria than for a politician who stole billions of public funds to face justice. Aside from the Ibori and Odili cases, a former governor of Enugu State, Chimaroke Nnamani, has been standing trial for close to 10 years now without any conviction.
Numerous cases of judges being sanctioned by the National Judicial Council on allegations of improprieties confirm claims of corruption in the judiciary as a major impediment to the fight against corruption in Nigeria. Recently, two judges were recommended for dismissal having been found wanting in the discharge of their duties. In 2003, two judges of the Appeal Court were also dismissed by the NJC. Between 2009 and 2014, a total of 64 judges “were disciplined as appropriate,” according to the Chief Justice of Nigeria, Mahmud Mohammed. As it were, these dismissals are obviously not enough; henceforth, any such case should be prosecuted and those found wanting sent to jail for desecrating the temple of justice.
A former Nigerian Bar Association President, Joseph Daudu, once hit the nail on the head while lamenting the surfeit of corruption in the judiciary. He said, “We are no doubt aware that some of our colleagues, including very senior counsel, and at times eminent retired judicial officers, go about offering services as ‘consultants’ particularly in election cases for incredible sums of money so as to act as conduits between his client and the election court.”
For Buhari to achieve his aim of ensuring that past governors who had soiled their hands do not go scot-free, he has to make sure that the judiciary does not act as a spoiler. One of the best ways to do this is to ensure that such cases are brought before judges with impeccable character, those believed to be above board. This is where the proposed special crimes court has become relevant. The court, working in harmony with the Administration of Criminal Justice Act, should be able to speed up cases and ensure that corrupt individuals do not escape lightly.
