DECEMBER 9 every year is the International Anti-Corruption Day. It is
a day set aside all over the world by the United Nations to mark the
campaign against corruption. The global theme for this year’s
International Anti-Corruption day is “Zero Corruption-100% Development”.
International Anti-Corruption Day reincarnates all the efforts,
crusades, and campaigns against corruption by all stakeholders,
including a strong coalition of governments, business community, civil
society organisations, academics and media to resist corruption, and
build culture of prevention and integrity.
According to
Transparency International, corruption is the abuse of public trust for
private gain. Corruption may take a number of different forms, including
and not limited to bribery, embezzlement, misappropriation patronage
systems or nepotism, among others.
With regards to Nigeria, it
is obvious that the level of corruption is high. The level of endemic
corruption in Nigeria is alarming. This alarming height of corruption in
the country is not made any better or easier by the recent publication
of the 2013 Corruption perception Index of Transparency International.
According to the said report, Nigeria is the 33rd most corrupt country
in the world.
Distinguished ladies and gentlemen, it is
regrettable that in spite of all the efforts against corruption in
Nigeria and in spite of all the anti-corruption institutions in place,
Nigeria is still rated very low in its fight against corruption. So the
question that should be agitating our minds today is what are we to do
about it? This is because it is not enough to be saying that there is
corruption. And this is why I commend the NBA Anti-Corruption Commission
for choosing the topic for today’s event which is “The Legislature as a
vanguard for anti-corruption crusade”, which serves as a pointer to the
legislative role in the anti-corruption crusade. In doing so, the NBA
Anti-Corruption Commission identified a very important and veritable
institution that can play a pivotal role in the crusade against
corruption. This can be deciphered from the pragmatic and realistic
topic, which brings to the front burner of national discourse, the role
of the Legislature in the campaign against corruption.
The role of the Legislature in the crusade against corruption
In
the entire process of nation building, the role of the Legislature has
remained paramount. Just as there could be no government without the law
or Constitution, there could be no government without the makers of the
Constitution.
Regrettably, in Nigeria, the impact of the
Legislature in national development has not been felt, essentially
because that arm of government has not been allowed to take root due to
the incessant forays of the military into politics.
With the 30
years of military rule and no history of accountability, the culture of
legislative practice and process in Nigeria is relatively young and
fragile. There is, however, an opportunity to chart a new course in
democratic legislation in Nigeria, one that is responsive to the people
and concerned with national development, and enacting laws that will
enthrone good governance and trigger economic development.
Globally, most of the Legislative Houses are strategically positioned
and empowered to tackle corruption through legislation, participation in
regional and inter-regional seminar that fosters the exchange of
information on anti-corruption techniques, law and research.
In
Nigeria, the role of the Legislature in the fight against corruption is
tripartite, which means that there are three major roles the Legislature
should be involved in, in the quest to reduce corruption to its barest
minimum and they are as follows:
Lawmaking
The major fight
against corruption is carried out through the process of lawmaking.
Section 4 of the 1999 Constitution of the Federal Republic of Nigeria
(as Amended) provides that the Legislature is empowered to make laws for
the good governance of the nation, which include enacting
anti-corruption legislation that criminalises corruption and provides
for appropriate punishment for offenders.
Oversight Function
By
virtue of Section 88 of the 1999 Constitution of the Federal Republic
of Nigeria (as amended), the Legislature is empowered to conduct
investigation or oversight the conduct of affairs of any person,
authority, ministry or government department charged or intended to be
charged with the duty of, or responsibility for (a) executing or
administering laws enacted by the National Assembly, (b) disbursing and
administering money appropriated by the National Assembly.
In
the current dispensation, the National Assembly has conducted several
investigative hearings by inviting government agencies like the Bureau
of Public Employment, Ministry of Aviation, NNPC, among others, to
ascertain or probe their activities within a given period in order to
expose corruption, inefficiency or waste in the execution of their
powers, or funds appropriated to these agencies. Regrettably, not much
has come out of these; rather we have had scandals and all sorts of
stories, fuel subsidy probe, power probe, among others.
Representation
The
Legislature in Nigeria has been interfacing with Civil Society
Organisations in the fight against corruption and collaborating with
them in the area of Legislative Advocacy down to their constituencies.
The 7th National Assembly has committee on Anti-Corruption, National
Ethics and Values. In the House of Representatives, they have Public
Accounts Committee of both Houses, through which it carries out this
struggle to tackle corruption in Nigeria.
From the foregoing, the
Legislature has enough constitutionally endowed powers to fight the
scourge of endemic corruption in Nigeria and can make all the
difference.
The Nigerian Bar Association calls on the
National Assembly and the state Houses of Assembly to utilise their
immense legislative powers, not only to strengthen existing
anti-Corruption Laws and Institutions, but also to consider the
enactment of new anti-Corruption Laws in Nigeria.
But for the
Legislature to effectively play a positive and result-oriented role in
the fight against corruption, it is important that it is independent.
Legislative independence is key to a result-oriented Legislature process
in a democracy.
Just as independence of the Legislature is key
to the success of enacting anti-corruption legislations, independence of
the Bench and the Bar is no less crucial in the anti-graft campaign.
The Bar has been very active and proactive both in words and in deeds,
in the crusade against corruption. It was for that reason that we set up
the NBA Anti-Corruption Commission. I commend this Commission under the
leadership of Malam Yusuf Ali (SAN) for the good work they have been
doing so far.
Independence of the judiciary and the fight against corruption
There
is no doubt that the Constitution has assigned to the judiciary and by
extension, the legal profession an extremely difficult and delicate
role. As a fall-out of this role, the desired end is justice and this
dish must be served with some accompaniments, which must include
expeditious and inexpensive trials and the easy availability of redress
for parties aggrieved. The problem of overloaded court dockets is indeed
one that must be tackled head-on and better results would be achieved
if the Bar and the Bench work collaboratively.
Government must recognise that the judiciary is the Third Arm of government in any civilised society.
Accordingly, the independence of the Judiciary must be guaranteed and
secured. To secure the independence of the judiciary, government must
grant to it true financial autonomy, and a full self-accounting status.
The funds of the judiciary must be released to it as soon as the same is
approved in the budgets of the Federal and State Governments. The
personal emoluments of judicial officers, together with their other
conditions of service, should be enhanced to make them commensurate with
that of their counterparts in England, from where Nigeria derived its
legal system.
The NBA reiterates that government must recognise
that it is only the existence of a virile, fearless and independent
judiciary that can fight corruption and the maintenance of law and
order. It must be recognised that only a corruption-free Nigeria will
provide the enabling environment for foreign investments, economic
growth and social development.
Distinguished ladies and
gentlemen, it is important to point out at this juncture that apart from
the Legislature, the Judiciary plays a significant role in the
anti-corruption crusade. But for the Judiciary to fight corruption
effectively and efficiently, it has to be strong, virile and financially
and institutionally independent. This means that the independence of
the Bench and Bar is key to the campaign against corruption. This is
because it is only when the Bench is well funded and independent that it
can be bold and courageous to impose adequate punishment for
perpetrators of corruption. But when the Judiciary is underfunded and
perceived to be weak, those who thrive in corruption will continue in
their fraudulent acts with impunity believing that nothing will happen.
On the other hand, judges must be men of probity and of impeccable
character. No aspect of a judge’s conduct should give cause for concern.
He or she must show the highest sense of discipline and good behaviour.
It is the duty of every judge to present to the nation a judiciary,
which the people of this country can be proud of. Corruption is one
major topic being freely discussed at every forum in Nigeria and sadly,
the Bench is not isolated. This is a monster that has wrecked untold
havoc on the socio-economic fabric of the nation. The judiciary cannot,
like the ostrich, hide its head in sand and pretend not to have read in
very recent times in the newspapers the criticisms and allegations of
corruption, lethargic attitude to work and the incompetence of some
judges.
The problem of corruption or lack of integrity is not
with the Bench per say but the whole Nigerian society. One may argue
that it is extremely difficult for systems and institutions to function
with integrity in an environment that is corruption-infested. The
painful thing however is when the judiciary, which is held in the
highest esteem, is also allegedly inflicted with the virus.
There
is a general feeling that high profile cases never make it through the
Nigerian court system. Serious crimes carry a slap on the wrist and
petty sentencing, while petty criminals get maximal penalties. Compare
corruption punishment in Ghana, South Africa, and China to Nigeria and
one sees why Nigeria will remain an object of mockery in the
international community. Before, Nigerian judges made their marks all
over the world. Most judges still have their education but the morality
and ethical aspects have been expunged from their lives’ experiences.
The general pervasive sentiment among the citizenry is that almost all
the three areas of the government are corrupt: Executive; Legislature
and Judiciary. If the public loses respect for the Bench, society may
gradually be creeping back to the days of jungle justice as less and
less persons and institutions will be willing to entrust their disputes
to judges. As judicial officers, a series of temptation come but the
ability to resist them will definitely stand out the judge and earn him a
lasting reputation. If judges endeavour to live up to the letter and
spirit of their oath of office and the code, corruption may become a
thing of the past.
With regards to the Bar, the Nigerian Bar
Association has speared no effort in weeding out corrupt lawyers in the
legal profession through our disciplinary mechanism. I am pleased to say
that within the last one year, a total of 11 lawyers have been
disbarred from the legal profession. Only last week, two more lawyers
were disbarred and two suspended. We strongly believe that the series of
disbarment will serve as deterrent to potential corrupt legal
practitioners.
I must here state unequivocally that the fight
against corruption is not easy, especially in Nigeria. In situation of
endemic corruption into which Nigeria has been plunged, it will not be
easy to fight corruption. But it is gratifying to note that we have
started somewhere.
Most importantly, the legal framework and
institutions need to be reformed. It is the Legislature that has
responsibility to do so backed by a strong political will of the
President of Nigeria. Of equal importance is the need for re-orientation
of Nigerians. The NBA believes that a perfect blend of institutional
and social design holds the answer to corruption in Nigeria.
The
NBA calls on all stakeholders in the anti-corruption crusade not to
forget the essence of marking the International Anti-Corruption Day. It
is a day of wake-up call to keep up the good fight. It is a day to
remind us of our responsibility to campaign against corruption. Taking
back what is lost to corrupt leaders is everyone’s responsibility.
This speech was delivered by Okey Wali (SAN), president, Nigerian Bar Association (NBA), on December 9,
2013, to mark the International Anti-Corruption Day.
GUARDIAN
No comments:
Post a Comment