The Muhammadu Buhari administration’s unstructured approach to tackling public corruption has come under intense criticism. This came on the heels of the Department of State Services’ involvement in the arrest of seven judicial officials, including two Supreme Court Justices, for alleged corrupt practices. But to build public support for anti-corruption efforts, the government should reappraise its strategy right away by strengthening the relevant anti-graft agencies and following the rule of law.
Seemingly in the dock are Inyang Okoro and Sylvester Ngwuta of the Supreme Court; Adeniyi Ademola of the Federal High Court, Abuja; Kabir Auta of the Kano High Court; Mu’azu Pindiga of the Gombe High Court; Mohammed Tsamiya of the Court of Appeal, Ilorin Division; and the Chief Judge of Enugu State, Innocent Umezulike. Eight other judges, according to the DSS, are also under its radar. Their alleged judicial shortcomings range from deliberate delay in delivering judgements to outright auctioning of justice to the highest bidders.
Critics say that the DSS’ commando-style raid of the residences of the embattled judges was an infringement of judicial independence. It has been argued that Section 153 of the 1999 Constitution created the National Judicial Council “to insulate the judiciary from the whims and caprices of the executive; hence guarantee the independence of this arm of government, which is a sine qua non for any democratic government.” It is further alleged that the DSS intervention in the judges’ case smacks of division in government as it should have been handled by either the Economic and Financial Crimes Commission or the Independent Corrupt Practices and Other Related Offences Commission and not the DSS that is “primarily responsible for intelligence gathering within the country and for the protection of senior government officials.”
But others, including Femi Falana, a Senior Advocate of Nigeria, declare that instead of entrenching and preserving an independent judiciary, the NJC has shockingly become a protective shield for corrupt judges in the name of exercising disciplinary control over such judicial officers. It is so sad that some aggrieved persons who had sent petitions to the NJC, Falana argues, had to ask the DSS to intervene because the judges involved were not investigated. Predictably, the Attorney-General of the Federation, Abubakar Malami, says there is no division among the agencies of government in the fight against graft. The EFCC also insists that, along with the DSS, ICPC, police and the Office of the AGF, it is a member of a technical committee that meets at the highest level of government to collaborate and coordinate strategies against corruption.
In truth, fighting corruption is not easy. Unlike many criminals, dishonest public officials often continue to have power and influence. In Nigeria’s case, religion and ethnicity are also being dexterously employed by filthy officials and their fraudulent cheerleaders to undermine any effort to tame corruption. Nuhu Ribadu, the EFCC’s founding executive chairman, says, “When you fight corruption, it fights back. It will likely have greater resources than you and it is led by those who operate outside the law and view the fight as life and death for their survival.” We agree absolutely. This is exactly what is playing out in Nigeria today.
Yet, two wrongs don’t make a right. We stand at a critical juncture that will determine our future as a country. Sickening corruption has laid waste to our economy and driven it into recession. For many years, financial sleaze was perceived to be a problem of the executive and legislative arms of government. That was a mistake – and a large one – for judicial corruption has turned out to be the most lethal of all forms of graft. This makes it crucial for the Buhari government to connect with the larger society by developing a strategic institutional approach to fighting corruption. The government should steer the crusade away from being mired in the murky waters of politics.
Samson Uwaifo, a retired justice of the Supreme Court, is precisely right when he says that anybody who is found to be corrupt, be he a judge or not, should face the law. If he is found guilty, he should go to jail. But, as it is today, the Buhari administration’s anti-graft war strategy is poorly defined and sometimes incoherently pursued. First, the Federal Government needs to streamline its agencies to avoid undue overlapping of functions and abuse of powers. This is the only way to build institutions, make them effective and engender public trust. What is required is for the government to give its fullest support to both the EFCC and ICPC to investigate and prosecute anyone, including judicial officials, who are involved in corruption, while other agencies, including the police, DSS,Office of the Attorney-General and Minister of Justice etc offer their cooperation.
The EFCC and ICPC should be outstandingly equipped and positioned to combat corruption, with the skills and capabilities to run complex undercover operations and surveillance. And in case the heads of the two agencies appear weak, they should be replaced immediately.
