LAGOS - An Ikeja High Court in Lagos was recently into shock when two
alleged robbery suspects narrated how they were framed up by the police
for refusing to offer bribe after their arrest since December 2008.
The whole court was shunned when two men, Kingsley Ogwunze
and Benjamin Nwafor dropped the bombshed while testifying before Justice
Lateefat Okunnu on Monday.
Led in evidence by their counsel, Mrs. Tate Akingbote, the
defendants told the court that they were arrested separately at Charity
Bus Stop on Apapa-Oshodi Expressway on 7 December, 2008 and had never
meet until the arrest.
According to them, “We have never meet before, not until 4th
February, 2009 when we were ‘paired up’ by the police for arraignment
first at an Ikeja Magistrates’ Court, Lagos and charged for robbery”,
adding that they were remanded in Kirikiri Maximum Prisons, Lagos, after
their arraignment on a four-count charge of conspiracy and robbery.
Ogwunze, the first defender who claimed to be an undertaker,
said he was arrested by plain-clothes policemen while he was going to
collect money from a customer, saying “Despite that I showed the
policemen my identity card and driver’s licence, they still bundled me
at gun point into a commercial bus they used in the raiding along with
some other persons”.
The first defendant said, “When we were inside the bus, they
told me to cooperate and that I should give them money. But I refused
because I had done nothing wrong. As we were going, the bus stopped and
some persons came and gave the policemen money to release their
relatives and friends, who were also in the bus”.
According to him, they were later taken to Makinde Police
Station, Mafoloku, where they were detained for several weeks.
Ogwunze said the police seized his wallet and mobile phone
which prevented him from reaching his family members in Abia State.
“From there, I was taken to Special Anti-Robbery Squad, Ikeja, where I
was tortured physically for several weeks to make a confessional
statement. Later, one Inspector Cyprian came to meet me that if I could
raise money that they will let me go, but I told him I had no money”.
Ogwunze said he was eventually charged to court for
allegedly conspiring with the second defendant and others at large to
rob people of their mobile phones.
Under cross-examination by the prosecution counsel, Mr. Femi
Adamson, the first defendant insisted on his innocence, saying “I have
never met the second defendant and I do not know him.
My Lord, the job I do is far better than snatching of
mobile phones and I want the court to strike out this case because I do
not know anything about it and my future is at stake”.
Also testifying, Nwafor, who claimed to be a trader,
corroborated the first defendant’s claim, declaring that he had never
met Ogwunze and was surprised when they were charged to court together.
The case has been adjourned to March 3rd 2014 for adoption of final addresses.
Source
Monday 20 January 2014
Ex- Gov. Mu’azu, accused of stealing N19.8billion, is new PDP chairman
Barring any last-minute change in plan,
the ruling Peoples Democratic Party (PDP) will, at its National
Executive Committee meeting on Monday (today), ratify a former governor
of Bauchi state, Adamu Mu’azu, as its new national chairman, party and
presidency sources have said.
The usually reliable sources told
PREMIUM TIMES early Monday morning that Mr. Mu’azu emerged the consensus
candidate for the job after a rash of meetings involving President
Goodluck Jonathan, PDP governors and other influential chieftains of the
party, including Vice President Namadi Sambo and President of the
Senate, David Mark.
Mr. Mu’azu, who will now replace Bamanga
Tukur, who was forced out of office Thursday, emerged ahead of Minister
of Transport, Idris Umar, a former Minister of Commerce, Idris Waziri,
former Acting National Secretary of the party, Musa Babayo, a former
party spokesperson, Ahmed Rufai Alkali and a former minister of the
Federal Capital Territory, Ibrahim Bunu, who were all widely reported to
have jostled for the position.
A party source familiar with the
maneuverings and negotiations that threw up Mr. Mu’azu said President
Jonathan actually preferred Minister Umar for the position but was
outfoxed by governors from the North-East geopolitical zone who all
rooted for Mr. Mu’azu.
When Mr. Jonathan tried to insist on Mr.
Umar, insiders say, the North-East governors reminded him of how they
deferred to him two years ago when he insisted on Mr. Tukur for the
position in spite of massive opposition from the zone.
Our sources said Bayelsa state governor,
Seriake Dickson, Governor Godswill Akpabio of Akwa Ibom, and President
of the Senate, Mr. Mark, joined the North-East governors in pushing that
position.
They reportedly warned the president
against foisting an unpopular candidate on party members to avoid a
repeat of the Tukur situation where the party was perpetually in crisis
throughout his reign.
Mr. Mu’azu, 55, was among candidates who contested for the PDP chairmanship position in March 2012.
In a zonal congress election conducted
by the North-East PDP in Bauchi to choose a consensus candidate for the
zone at the time, Mr. Mu’azu got only one vote to place last.
Mr. Babayo got 14 votes to defeat other
contenders. Mr. Tukur, who was clearly the president’s anointed
candidate for the position at the time, got four votes.
Former Ministers Bunu and Shettima Mustapha scored 2 votes each while Mr. Alkali , just like Mr. Muazu, scored only one vote.
Mr. Mu’azu and corruption
In November 2013, President Jonathan appointed the former Bauchi governor chairman of the Nigerian Pension Commission, PENCOM.
He was appointed to the position even
though he is still being investigated for graft by the Economic and
Financial Crimes Commission, EFCC, for allegedly looting N19.8billion
belonging to his state while he was governor between 1999 and 2007.
The former governor has consistently denied any wrongdoing but he is yet to be cleared of the allegation.
The civic group, Transition Monitoring
Group, protested the appointment at the time, saying it was morally
wrong for the president to appoint a man being tried for corruption to
such a high office.
Mr. Jonathan and the National Assembly disregarded that position and proceeded to clear the former governor for the position.
The TMG statement at the time reads in
part, “The Transition Monitoring Group, TMG, is astonished and peeved by
this move of the President, especially in the light of the fact that
the former Governor is yet to be cleared by the Economics and Financial
Crimes Commission, EFCC, of the corruption charges he is facing for
allegedly defrauding the coffers of Bauchi State to the tune of
N19.8billion when he was Governor of the State,” the group said in a
statement on Monday.
“This and other similar acts of Mr.
President, particularly his penchant for surrounding himself with famed
corrupt individuals, makes his government’s so-called anti-corruption
efforts a laughing stock, for it is patently obvious from his
antecedents that President Jonathan endorses corruption.
“The EFCC is investigating Mr. Mu’azu
for allegedly stealing billions of naira belonging to Bauchi State
during his term as governor between 1999 and 2007.Other names forwarded
to the Senate for confirmation as Commissioners of PENCOM include
Chinelo Anohu-Amazu (South East), Reuben Omotowa (North Central),
Mohammed Ka’oje (North West), and Adesojo Olaoba-Efuntayo (South
West).But the group said that appointing Mr. Mu’azu to head the
commission is in line with his practice of shielding corrupt
individuals.
“TMG recalls that in the heat of the
corruption charges against the same Mu’azu Adamu, President Jonathan
appointed him in 2011 as Chairman of the Board of Nigerian Maritime
Administration and Safety Agency (NIMASA),” said the statement signed by
Ibrahim Zikirullahi and Eddy Ezurike, the group’s Chairman and
Publicity Secretary respectively.
“It was with the President’s nod that
Business Mogul, Mike Adenuga and his wife, Titi Adenuga in late 2010
walked free from the EFCC charges they were facing for reportedly
collecting bribes from Siemens officials; and it was this same attitude
of Presidential Romance with alleged corrupt individuals that enabled
controversial Lawyer, Dele Oye to walk scot free from EFCC charges of
allegedly acting as front for the defunct Oceanic Bank CEO, Cecilia
Ibru; and aiding her to loot tens of billions of Naira in Bank assets.
“The Nigerian people of course will not
forget in a hurry how this same President granted presidential pardon to
a notorious convicted corrupt former Governor and his kinsman, DSP
Alamieyeseigha, and other criminals, including a paedophile.
“Those who recently looted the Police
Pensions Board, including its former Director are yet to be brought to
book. The list is endless; yet Jonathan’s regime talks about fight
against corruption. The attitude of Mr. President in recycling corrupt
individuals in public places is worrisome and does not inspire
confidence at all.
“In fact, on issue after issue, he has
shown that he will never combat corruption but will rather aid, abet and
shield corrupt officials.
“The group called on President Jonathan
to withdraw, immediately, Mr. Mu’azu’s nomination and take “creative
steps” to rebuild confidence and imbue confidence in the anti-corruption
war.
“This is the only pathway to redemption, prosperity and development in this country.”
Tuesday 14 January 2014
We were arraigned for refusing to offer police bribe – Accused tells court
Two men, who were charged with armed robbery, on Monday told an Ikeja
High Court that they were framed up by the police for refusing to offer
bribe after their arrest more than five years ago.
The men — Kingsley Ogwunze and Benjamin Nwafor — made the allegation while testifying before Justice Lateefat Okunnu.
Led in evidence by their counsel, Mrs Titi Akingbote, the defendants told the court that they were arrested separately at Charity Bus Stop on Apapa-Oshodi Expressway on Dec.7, 2008.
The men said they never met until Feb. 4, 2009 when they were “paired up’’ by the police for arraignment first at an Ikeja Magistrates’ Court.
According to them, they were remanded in Kirikiri Maximum Prisons, Lagos, after their arraignment on a four-count charge bordering on conspiracy and armed robbery.
Ogwunze, who claimed to be an undertaker, said he was arrested by plain-clothes policemen while he was going to collect money from a customer.
He said despite showing the policemen his identity card and driver’s licence, they still bundled him into a commercial bus with some other persons.
The first defendant said:“When we were inside the bus, they told me to cooperate and that I should give them money. But I refused because I had done nothing wrong.
“As we were going, the bus stopped and some persons came and gave the policemen money to release their relatives and friends, who were also in the bus.’’
According to him, they were later taken to Makinde Police Station, Mafoloku, where they were detained for several weeks.
Ogwunze said the police seized his wallet and mobile phone which prevented him from reaching his family members in Abia.
“From there, I was taken to Special Anti-Robbery Squad, Ikeja, where I was tortured physically for several weeks to make a confessional statement.
“Later, one Insp. Cyprian, came to meet me that if I could raise money that they will let me go, but I told him I had no money.”
Ogwunze said he was eventually charged to court for allegedly conspiring with the second defendant and others at large to rob people of their mobile phones.
Under cross-examination by the prosecution counsel, Mr Femi Adamson, the first defendant insisted on his innocence.
He said:“I have never met the second defendant and I do not know him.
“My Lord, the job I do is far better than snatching of mobile phones.
“I want the court to strike out this case because I do not know anything about it and my future is at stake.”
Also testifying, Nwafor, who claimed to be a trader, corroborated the first defendant’s claim.
He said he had never met Ogwunze and was surprised when they were charged to court together.
The case has been adjourned to March 3 for adoption of final addresses. (NAN)
The men — Kingsley Ogwunze and Benjamin Nwafor — made the allegation while testifying before Justice Lateefat Okunnu.
Led in evidence by their counsel, Mrs Titi Akingbote, the defendants told the court that they were arrested separately at Charity Bus Stop on Apapa-Oshodi Expressway on Dec.7, 2008.
The men said they never met until Feb. 4, 2009 when they were “paired up’’ by the police for arraignment first at an Ikeja Magistrates’ Court.
According to them, they were remanded in Kirikiri Maximum Prisons, Lagos, after their arraignment on a four-count charge bordering on conspiracy and armed robbery.
Ogwunze, who claimed to be an undertaker, said he was arrested by plain-clothes policemen while he was going to collect money from a customer.
He said despite showing the policemen his identity card and driver’s licence, they still bundled him into a commercial bus with some other persons.
The first defendant said:“When we were inside the bus, they told me to cooperate and that I should give them money. But I refused because I had done nothing wrong.
“As we were going, the bus stopped and some persons came and gave the policemen money to release their relatives and friends, who were also in the bus.’’
Ogwunze said the police seized his wallet and mobile phone which prevented him from reaching his family members in Abia.
“From there, I was taken to Special Anti-Robbery Squad, Ikeja, where I was tortured physically for several weeks to make a confessional statement.
“Later, one Insp. Cyprian, came to meet me that if I could raise money that they will let me go, but I told him I had no money.”
Ogwunze said he was eventually charged to court for allegedly conspiring with the second defendant and others at large to rob people of their mobile phones.
Under cross-examination by the prosecution counsel, Mr Femi Adamson, the first defendant insisted on his innocence.
He said:“I have never met the second defendant and I do not know him.
“My Lord, the job I do is far better than snatching of mobile phones.
“I want the court to strike out this case because I do not know anything about it and my future is at stake.”
Also testifying, Nwafor, who claimed to be a trader, corroborated the first defendant’s claim.
He said he had never met Ogwunze and was surprised when they were charged to court together.
The case has been adjourned to March 3 for adoption of final addresses. (NAN)
Friday 10 January 2014
Kaduna Assembly Suspends Member Over N10m Bribe Allegation
The former minority leader of the Kaduna State House of
Assembly, Dr Shehu Adamu has been handed a six-month suspension for
alleging that 18 members of the House received N10 million bribe each to
impeach the Speaker, Mu’azu Usman Gangara and other principal officers
of the assembly.
The decision of the House followed a motion by Alhaji Muhammad Ali, the member representing Kawo constituency, who drew the attention of members to an interview granted by Dr Shehu Adamu, (Maigana-APC), where he made the allegation.
But the suspension of the Member was rejected by 16 members of the House known as G16.
The lawmakers stated that Dr Shehu Adamu in an interview on Sept 23, 2013 in the electronic media and national dailies, accused members of the House of collecting N10million each to remove the leadership of the assembly.
Presenting the report of the suspension, the chairman of the committee on education, ethics and privilege, Mr Philemon Usman Gidan-Mana said after three summonses to the defendants, he failed to appear to defend himself and bluntly indicated that he would not appear before the committee.
Gidan-Mana noted that the provision of the Legislative Houses (power and privileges) Act 1990, Cap L12 section 24(1) a, b and c says “any statement, whether in writing or otherwise, which falsely or scandalously defames a Legislative House or any committee thereof shall be guilty of an offence”.
He added that “the standing penalties for misconduct by a member would result in reprimand or demotion, withdrawal of privileges and expulsion from the House.”
LeadershipNGA
The decision of the House followed a motion by Alhaji Muhammad Ali, the member representing Kawo constituency, who drew the attention of members to an interview granted by Dr Shehu Adamu, (Maigana-APC), where he made the allegation.
But the suspension of the Member was rejected by 16 members of the House known as G16.
The lawmakers stated that Dr Shehu Adamu in an interview on Sept 23, 2013 in the electronic media and national dailies, accused members of the House of collecting N10million each to remove the leadership of the assembly.
Presenting the report of the suspension, the chairman of the committee on education, ethics and privilege, Mr Philemon Usman Gidan-Mana said after three summonses to the defendants, he failed to appear to defend himself and bluntly indicated that he would not appear before the committee.
Gidan-Mana noted that the provision of the Legislative Houses (power and privileges) Act 1990, Cap L12 section 24(1) a, b and c says “any statement, whether in writing or otherwise, which falsely or scandalously defames a Legislative House or any committee thereof shall be guilty of an offence”.
He added that “the standing penalties for misconduct by a member would result in reprimand or demotion, withdrawal of privileges and expulsion from the House.”
LeadershipNGA
Friday 3 January 2014
Nyame Denies He Was Bribed To Launder Suntai’s Image
Ex-governor of Taraba State Rev. Jolly Nyame has denied allegations
that he was paid to carry out an image-laundering campaign for ailing
governor of the state Pharm Danbaba Danfulani Suntai.
A group known as Northern Taraba Elders Forum had, at a press conference in Jalingo on Wednesday, called on Nyame to clear himself of allegations that he was invited to Abuja and given huge sums of money by an influential personality from the state to work for the interest of a cabal around Suntai ahead of 2015.
Chairman of the forum Alhaji Bakari Bala had alleged that “Nyame’s romance with members of the cabal in recent times leaves much to be desired. We see this romance as a deliberate move to mortgage the political fortune of northern Taraba to the south. It is indeed surprising to many of us, the elders from northern Taraba, how Nyame has suddenly turned to one of the apostles or disciples of Suntai.”
The forum, which accused Nyame of being inconsistent as a leader, noted that his constant visits to Suntai at the Government House as well as moving around with him to churches and other places were “clear indications” that he “has been paid to carry out the dirty job for Suntai, same as the cabal”.
But, in a swift reaction, Rev. Nyame refuted the allegation of being sponsored to do any hatchet job or image-laundering campaign for Governor Suntai.
“ I think all the misgiving in the state from people left and right now is coming because I decided to go and commiserate with Danbaba of recent when he came back from an extended treatment abroad,” he said. “I want to make it abundantly clear that there is no doubt about it that Danbaba became a governor as a result of my contribution; as far as I am concerned, he is my political son. So, there is no way your son would be sick… whatever differences you have with your son, as far as you are a father,there is just no way you cannot go and see how he is faring.”
Nyame said his reconciliation with Governor Suntai was done on the basis of his Christian faith which emphasises the need for forgiveness and had nothing to do with being influenced with money by anybody.
“ I think some people maybe were feeding fat because of my broken relationship with Danbaba; so they want that kind of broken relationship to continue, and I want to say here that, as a practising Christian, it is just necessary for me to forgive if I want to make heaven.
“Bakari Bala is a Muslim, I’m a Christian; so he may not understand the motivation behind my going to Danbaba, because, in Christ’s teaching, he said whatever you do to the least you are doing unto me,” he said.
On the governorship race for 2015, Nyame said anybody could contest and that he alone as an individual cannot determine who becomes the governor of Taraba. As such, he said, there was no basis of anybody saying that he was sabotaging the political fortune of any zone.
Leadership
A group known as Northern Taraba Elders Forum had, at a press conference in Jalingo on Wednesday, called on Nyame to clear himself of allegations that he was invited to Abuja and given huge sums of money by an influential personality from the state to work for the interest of a cabal around Suntai ahead of 2015.
Chairman of the forum Alhaji Bakari Bala had alleged that “Nyame’s romance with members of the cabal in recent times leaves much to be desired. We see this romance as a deliberate move to mortgage the political fortune of northern Taraba to the south. It is indeed surprising to many of us, the elders from northern Taraba, how Nyame has suddenly turned to one of the apostles or disciples of Suntai.”
The forum, which accused Nyame of being inconsistent as a leader, noted that his constant visits to Suntai at the Government House as well as moving around with him to churches and other places were “clear indications” that he “has been paid to carry out the dirty job for Suntai, same as the cabal”.
But, in a swift reaction, Rev. Nyame refuted the allegation of being sponsored to do any hatchet job or image-laundering campaign for Governor Suntai.
“ I think all the misgiving in the state from people left and right now is coming because I decided to go and commiserate with Danbaba of recent when he came back from an extended treatment abroad,” he said. “I want to make it abundantly clear that there is no doubt about it that Danbaba became a governor as a result of my contribution; as far as I am concerned, he is my political son. So, there is no way your son would be sick… whatever differences you have with your son, as far as you are a father,there is just no way you cannot go and see how he is faring.”
Nyame said his reconciliation with Governor Suntai was done on the basis of his Christian faith which emphasises the need for forgiveness and had nothing to do with being influenced with money by anybody.
“ I think some people maybe were feeding fat because of my broken relationship with Danbaba; so they want that kind of broken relationship to continue, and I want to say here that, as a practising Christian, it is just necessary for me to forgive if I want to make heaven.
“Bakari Bala is a Muslim, I’m a Christian; so he may not understand the motivation behind my going to Danbaba, because, in Christ’s teaching, he said whatever you do to the least you are doing unto me,” he said.
On the governorship race for 2015, Nyame said anybody could contest and that he alone as an individual cannot determine who becomes the governor of Taraba. As such, he said, there was no basis of anybody saying that he was sabotaging the political fortune of any zone.
Leadership
Police honour 10 junior officers in Jigawa
The Jigawa Police Command on Friday honoured 10 officers and men of the command for their oustanding performance in 2013.
The Commissioner of Police, Mr Kayode Theopulus, said that the policemen were honoured for their courage, hard work and determination in the discharge of their duties during the period.
He said the efforts put in by the officers had contributed to the success of the command in the last 12 months.
Theopulous said that the gesture was to encourage other policemen to commit themselves the more, to their duties.
He urged the beneficiaries to maintain the tempo and earn more recognition in 2014.
The News Agency of Nigeria reports that those honoured include DSP Anthony Aruwo, DSP Ibrahim Muhammad, ASP Akwage Ndibusi and Insp. Nicolas Akorobe.
Others are Sergeants Ayuba Muhammad and Anthony Sabo; Corporals Dauda Dadi and Emmanuel Adiga; Constables Habu Umar and Sani Abdullahi.
NAN also reports that Akorobe and Adiga received additional cash gift from the commissioner for their exceptional performances.
PUNCH
The Commissioner of Police, Mr Kayode Theopulus, said that the policemen were honoured for their courage, hard work and determination in the discharge of their duties during the period.
He said the efforts put in by the officers had contributed to the success of the command in the last 12 months.
Theopulous said that the gesture was to encourage other policemen to commit themselves the more, to their duties.
He urged the beneficiaries to maintain the tempo and earn more recognition in 2014.
The News Agency of Nigeria reports that those honoured include DSP Anthony Aruwo, DSP Ibrahim Muhammad, ASP Akwage Ndibusi and Insp. Nicolas Akorobe.
Others are Sergeants Ayuba Muhammad and Anthony Sabo; Corporals Dauda Dadi and Emmanuel Adiga; Constables Habu Umar and Sani Abdullahi.
NAN also reports that Akorobe and Adiga received additional cash gift from the commissioner for their exceptional performances.
PUNCH
Tuesday 24 December 2013
Level of corruption is high in Nigeria, NBA admits
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
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
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