ECONOMISTS rate corruption as one of the factors that impede the accelerated socio-economic transformation of developing countries such as Nigeria.
The government’s perception that the country’s wealth has withered with little to show in living conditions of the average human being, has informed its determination to fight corruption through various weapons.
According to observers, the slow pace of court process in the attainment of judgment is giving the accused the opportunity to view offences bordering on corrupt practices as insignificant.
The observers say that even with good instruments for fighting the vice, there are various impediments to total elimination of corruption in the country.
On April 17, 2012, a Crown Court in London sentenced a former governor of Delta State, James Ibori, to 13 years’ imprisonment after he pleaded guilty to corruption and money laundering.
However, the same Ibori had on December 18, 2009, been discharged of a 170-count charge by Justice Marcel Awokulehin of a Federal High Court sitting in Asaba.
The former governor was convicted by the UK court on the strength of the same criminal charges which were dismissed by the Nigerian court.
Thus, Ibori’s conviction and subsequent sentencing by the London court was an indictment on Nigeria’s
As the third tier of government and often referred to as the
It should ensure that the rights of citizens are adequately accommodated, and judgments handed down without fear or favour, but in accordance with the law.
The global corruption watchdog, Transparency International, in its 2012 corruption perception index, ranked Nigeria as the 35th most corrupt country in the world.
Analysts believe that this is the time for the judiciary to rise to tackle corruption headlong through adequate interpretation of the law.
They are of the opinion that the rule of law must be upheld strongly and the judiciary impartial, before Nigeria will win the fight
According to the immediate-past Chief Justice of Nigeria, Justice Dahiru Musdapher, when the rule of law is weak, corruption will remain a nagging problem.
“Corruption in the justice sector is a keystone to corruption throughout society.
“Without an honest
“Such impunity reduces the perceived cost of corruption.
“The gains from corruption are, therefore, not discounted and there is, thus, little reason beyond personal integrity not to engage in corrupt acts, the chief justice says.
He believes that independence of the judiciary is a
Mr Tayo Oyetibo (SAN) also believes the judiciary must purge itself of all forms of corruption and discharge its duties without fear or favour.
He says: “The court which is a final arbiter in our criminal justice system, must be well-positioned and prepared both intellectually and otherwise to handle the great challenge posed by the ever-changing dynamics in the face of corruption’’.
A professor of Law, Itse Sagay (SAN), blames thriving corruption in Nigeria on lack of political will to prosecute high-profile corruption cases.
He is convinced that corruption has permeated every sector of the Nigerian economy.
He expresses regrets that even arraigned suspected corrupt persons file frivolous applications to delay their trials.
“The problems associated with interlocutory applications have become a major source of concern in this country.
“Indeed, we are currently faced with a grave crisis in our justice delivery system because of this cheap vehicle for adjourning justice permanently,” he says.
Commenting, a human rights activist and lawyer, Mr Femi Falana, says lawyers, especially those in the inner bar, have a share of blame for the thriving corruption.
He alleges that these lawyers manipulate the criminal justice system to protect their high-profile clients from conviction.
“All those cases that have brought the judiciary to shame have been handled by Senior Advocates of Nigeria (SANs), the supposed leaders of the legal profession.
“Legal practitioners must rise up to challenge their actions because they are ruining the legal system. They are exposing Nigeria to ridicule,’’ he remarks.
Mr Akpan Udofia, an Abuja-based human rights layer, claims the war against corruption is ineffective because the Independent Corrupt Practices Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC), have not done enough in the areas of investigating financial crimes and prosecution of offenders.
According to him, for effective
Mr Kuyik Usoro, a lawyer, says ethnicity and tribal sentiments are some of the impediments to fighting corruption.
“This is evident in a situation where people from the same ethnicity find it difficult to prosecute his fellow man in the law court,’’ he notes.
According to him, another concern is in the area where the judiciary gets direct funds from the executive, noting that such may affect the independence of the judiciary.
Mr Dambisa Moyo, an economist, calls for proactive measures at checking the excesses of some public officials who have the penchant to compromise.
It is in the light of this that Mr Ibrahim Lamorde, the Chairman of EFCC, highlights the commission’s constraints to score high at prosecuting high-profile cases, noting that the ‘plea bargain’ is a setback for the commission.
He blames the overwhelming wealth of suspects as well as the alleged compromise of the judiciary for the commission’s failure in securing convictions in high-profile cases.
“The commission has been able to establish a very strong assets forfeiture unit to recover and confiscate the assets of individuals that were involved in corruption.
“It is only when you deprive them of their resources that you will be able to force them to stand trial,’’ Lamorde says.
Mr Adetokunbo Mumuni, Executive Director, Socio-Economic Rights and Accountability Project (SERAP), urges the judiciary to use the opportunity of the ongoing trials of some high profile individuals for alleged complicity in fuel subsidy fraud to redeem its image.
“It is not enough to bring these people to court. The EFCC must ensure that these cases are prosecuted and concluded in a timely manner,” he advises.
In evolving a virile process of eliminating corrupt practices in the country, analysts believe that the anti-
They also suggest the establishment of independent special courts which will be free from interference of other arms of government.
Analysts are also convinced that a bold, courageous, impartial and independent judiciary will help Nigeria to win the battle against corruption and put the country on the path of greatness.
Most of all, every Nigerian must be involved in the fight, they add.
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