ON LOOT RECOVERY BY PRESIDENT BUHARI – THE NEED FOR ACCOUNTABILITY AND APPROPRIATE PROSECUTION

By Zik Gbemre

It is heartwarming and reassuring to note that the current ‘political climate and atmosphere’ of the Nigerian entity is gradually but steadily undergoing a ‘transformation’ of some sort; with evidence that the observed ‘changes’ are signs that the future will be brighter for all and sundry. This is obviously due to the change of leadership at the apex government. In fact, since his emergence as the presidential candidate of the All Progressives Congress (APC), the now President Muhammadu Buhari did not hide his disdain for corruption – which has been the bane of Nigeria’s growth and development for as long as we can remember. A practice that has permeated the entire gamut of the society, and today seems to be synonymous with an average Nigerian.

During the electioneering campaign, President Buhari had always expressed his determination and readiness to tackle corruption headlong if elected president of the country. It is indisputable that Buhari’s perceived anti-corruption posture contributed immensely to his victory in the poll. Since President Buhari assumed office, it has become obvious that a “new Sherif is now in town”. Already, fears, uncertainties, paradigm shift in leadership approach, and gradual changes have pervaded the land. In fact, many people, especially the alleged looters of the nation’s treasury during the immediate past administration of former President Goodluck Jonathan are rattled by Buhari’s revelations, and moves to commence probe of the looting spree that characterized the government.

Few weeks back, the Presidency, said President Muhammadu Buhari will limit his probe to the immediate past government of Jonathan. President Buhari had vowed to arrest and prosecute former ministers and government officials who looted funds and stole Nigeria’s crude oil, especially suspected officials stashed the funds in foreign bank accounts. The Presidency which said that there were trails of “monumental fraud everywhere” that would be too difficult to ignore, however, explained that it will be a distraction to exceed Jonathan’s regime.

While we welcome the Federal Government’s resolve to recover every penny looted by the immediate past administration, however, there are three major concerns we have with this move which we believe President Buhari will have to pay close attention to if he really wants to make any level of success with his anti-graft war. The first point of call is for the Buhari administration to be very ‘transparently open’ to the Nigerian people with his fight against corruption and loot recovery. The caption phrases of the ‘fights against corruption’ and ‘recovery of stolen loot’ are words too familiar with the Nigerian people. We have heard it times without number from past governments. But the problem has always been that at the end of the day, Nigerians are not usually told what happens to all the so called recovered loot of the past governments. We have had several cases where recovered stolen funds by past governments were never ‘accounted’ by the government of the day. The infamous former military dictator and Head of State, late Sani Abacha and his ‘humongous loot’, plus that of his family members; which were recovered by the past two former Presidents (especially the Olusegun Obasanjo era), are still mysteries to many today. Nigerians are still not aware of what exactly happened to all the said Abacha loot that were recovered, neither are we aware of what the past governments used them for. Are the said recovered funds still there? Or the monies have gone with the wind?

It is in this light that we are urging the Buhari government to be more transparent with Nigerians in his loot recovery. To this end, President Buhari should go beyond recovering looted funds by telling Nigerians what exactly it intends to use the recovered monies for. In fact, the Buhari government should ‘tag every recovered loot’ to a specific project or programme it wants to use the funds to execute in the interest of Nigerians. And it should be made public to Nigerians. This is so that Nigerians will hold the Government more accountable, especially if they fail to account for what they used the recovered loots to do. Also, the monies recovered from a particular geographical entity should be used by the government to develop that particular zone. For example, if the monies are recovered from the North Central, it should be used to execute projects and programmes for the people in the North Central. If the monies are from the South-South, the same should be done also. And if the monies recovered are from a particular sector, such monies should be ploughed back into that same sector to develop it further. And of cause, the same thing should be applied at the State levels to State Governors who have mindlessly looted their States to a bleeding point. Every kobo recovered from State Governors should be repatriated back to such States for their development.

As part of being transparent, Nigerians would also like to know where these loots were recovered from; when they are recovered; how they were recovered and especially who these loots recovered are from. Nigerians would like to know those who have looted the nation treasury to adequately label them for who they really are, especially after now. The identity of those who have deprived the general populace of benefitting from the wealth of the nation should be made public regardless of who or what is involved. This should not be kept secret, even if the said suspects should ‘quietly return’ stolen funds in their possession, they should be exposed for Nigerians to know them.

In the last two months, there have been unconfirmed reports that some of the aides of former President Jonathan have on their own returned some looted funds to Buhari’s government to avoid being prosecuted. The government has not officially confirmed or denied the reports. Some inkling from government circle closer to such confirmation or denial was a recent statement by President Buhari that his government is compiling the list of the alleged looters, which will soon be released for onward prosecution. This brings us to our second concern with this administration’s resolve to fight corruption. And that is the question of what will eventually happen to those who have looted the nation’s treasury? Will they merely be given a slap on the wrist or allowed to go scot free having returned looted funds like we have seen in past government’s fight against corruption? And to what extent will the Buhari government go in this fight against corruption, especially when it comes to dealing with/prosecuting those close to the government either through party affiliation, associations or shear loyalty?

It is rather unfortunate that despite the high level of corruption evident in government circles across the federation and the regular cry out by past Federal Governments and anti-graft agencies regarding their pose to fight corruption headlong in the country, Nigerians are yet to witness an appropriate prosecution and adequate prison sentencing of ex-government and serving government officials or top government functionaries, particularly former State Governors and their cronies. It is either they are given just few months to remain in custody while their corruption cases are dilly-dallied, after which they are allowed to go scot free, to go and continue enjoying their ill-gotten wealth, or their trials are delayed, outrageously struck out and swept under the carpet. This has made many to have lost faith and trust on the anti-graft agencies and the Nigerian Judiciary.

Agreed that since May 29, 2015, when the Buhari government assumed office fully, it is as if everything in Nigeria has been given a ‘serious push’ to start working. Perhaps Buhari might not have physically changed or done anything different, but the knowledge of his kind of person being at the helm of affairs in Nigeria, has practically made every government institution, including the anti-graft agencies, to suddenly seat up and start getting serious with their work. This was not the case during the Jonathan era. Although, all these suspected corrupt persons the Economic and Financial Crimes Commission (EFCC) are picking up; if after the anti-graft agency has just picked them up and they are being bailed and nothing happens after that, then they are just wasting their time. If the anti-graft agency do not record any success story of putting anybody in jail, Nigerians are (will not be) convinced that this administration is serious in fighting corruption. It is an established fact that pervasive corruption wrapped-up in impunity, in and around government circles and every facet of the economy, can be regarded as the bane of Nigeria’s development, especially in the last two decades. It is the reason why Nigeria, despite its enormous wealth in terms of human and natural resources, is still being overwhelmed with ‘increasing problems’ of poverty, unemployment, disease, lack of basic amenities and infrastructure etc. The issues of corruption and bad leadership have kept Nigeria in its present deplorable status.

A status where all the factors you can think of that makes a democratic nation relevant in global affairs, are either missing completely, mumbled-up, underdeveloped or characterized with dysfunctional attributes that the whole system is not working in the favour of the general populace but only in the favour of some selected privileged few in government circles and elite class. Sadly, the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC), and other anti-graft agencies that have been put in place to fight this pervasive corruption, have all been rendered toothless bulldogs that can only scratch without biting, particularly when it comes to bringing to book, corrupt serving and ex-government officials and those in high places. This has been the case since the pioneer Chairman of the EFCC, Mallam Nuhu Ribadu, was forcefully removed out of the anti-graft agency for daring to step on toes of some ‘untouchables’. His predecessors, were equally treated the same. And currently, the anti-graft agencies are nothing to write home about when it comes to objectively and sincerely fighting corrupt practices in the country through appropriate prosecution of high-profile corruption cases. This deplorable status of the anti-graft agencies like the EFCC, was recently re-echoed when a former Minister of Aviation, Chief Femi Fani-Kayode, was on July 1, 2015 discharged and acquitted of charges of money laundering filed against him by the EFCC by one Justice Rita Ofili-Ajumogobia of the Federal High Court, Lagos. In a little above an hour judgment, delivered on the said day, the court held that the prosecution did not prove beyond reasonable doubt that the former minister was guilty as charged; describing EFCC’s case as ‘feeble’. This will not be the first time; neither does it seem like it is going to be the last, that we have witnessed such “poor prosecution of high-profile corruption instituted by the EFCC against serving and former government officials.” Often times, such corruption charges brought against serving and ex-public officials by the EFCC, are waved off by the Judges concerned due to the poorly-conducted prosecution process by the Counsels of the EFCC.

We believe the only thing that would justify the fact that an anti-graft agency is working, is when its corruption cases are seen to be pursued to their logical conclusions – which is, ensuring that corrupt suspects are properly prosecuted, beyond any reasonable doubt, with the full weight of the law. The EFCC cannot be said to succeed like this as an anti-graft agency. All that the EFCC is known for today, is to arrest persons suspected to be corrupt, without actually ensuring that such persons are properly prosecuted and convicted of their corrupt crimes. It is disturbing to observe that most charges on corruption (especially the high-profile cases) initiated by the EFCC against suspected corrupt public officials are usually weak, watery and has a lot of loopholes to warrant such corruption cases to be thrown away/wave off by Nigerian Judges during trial. It is believed that the EFCC Prosecutors deliberately bring ‘faulty piled-up corruption charges’ (against high-profile public officials), that are susceptible to be dismissed in court. It is obvious that the EFCC Prosecutors collude with these suspected corrupt high-profile public officials to initiate ‘watery’ and ‘weak’ piled-up corruption charges which they know very well will be thrown off by the court. Let us consider this question: Why are all the reported EFCC initiated corruption/fraud cases with their usually piled-up charges involving high-profile public officials, always dismissed by the various courts across the country? What is responsible for this ‘lacuna’ in the prosecution of corrupt suspects by the EFCC?

The simple answer to all of this is the fact that the EFCC are believed to deliberately make their corrupt charges weak, watery with a lot of loopholes. The usually piled-up count-charges of corruption against their suspects, is believed to be done by the EFCC to create the impression that they are working. Whereas, the EFCC Prosecutors are believed to always collude with suspects to initiate watery and weak corrupt-count-charges that would easily be thrown away by the Court. A very good example of this was the well-celebrated case of former Governor James Ibori of Delta State, who the EFCC could not adequately prosecute and the Nigerian Judiciary could not jail over corrupt practices he committed against his State. And because of the way the Ibori case was handled, they squashed all the 170 count charges of corruption and money laundry of millions of dollars against him. It was only the UK Metropolitan Police and a UK Court that finally prosecuted and sentenced Ibori for 13 years after he had pleaded guilty of committing the same corruption crime the EFCC could not prosecute him and the Nigerian Judiciary acquitted him of.

This brings us to our third concern regarding this administration’s move to fight corruption like never before. The EFCC is not only to blame for this deplorable situation in the prosecution and sentencing of suspected corrupt government officials. The Nigerian Judiciary is seriously not helping matters in this area, as most Nigerian Judges have made themselves stooges for use in the hands of corrupt Nigerian politicians who usually grease their hands with stolen public wealth. It has always been evident that the Nigerian bench of judges stinks of corruption. We do not need any cast iron evidence to appreciate that the answer to the stupendous wealth – almost always sudden – of the Nigerian public official is traceable to massive funds looting. Nigerian Law Courts seem to have made a career of perverting justice using legal “technicalities” as excuse. We see it in election cases. We see it in corruption cases. The Nigerian bench of judges have been practically made for sale, and the highest bidder usually gets a favourably judgment. This is why Ibori and other members of his tribe – of – criminals rule and reign. They know the justice system in Nigeria is highly-flawed; judges and lawyers are for sale. Hence, they steal staggering amounts of public funds (meant for the collective good of all) and bribe those who should bring them to justice.

The culture of impunity has become the acceptable norm. The Nigerian populace as “followers” is equally not helping matters. It is only in Nigeria that ‘thieves’ in political circles are celebrated and exalted. People tend to ‘worship’, adore, and respect those that are in government who, obviously, from their lavish lifestyle and affluence in wealth, indicates that they have been stealing public funds under their care. Without a doubt, for the war against corruption in high and low places to be won, the judiciary through the law courts as a system, must support and play their roles in the anti-graft war in all ramifications. As a matter of fact, the onus lies on the law courts and its Judges, to see that persons, particularly high profile, ex or serving officials of the government, alleged to be involved in corruption practices of any nature, are properly, rigorously, independently and expeditiously tried without any external influence or political maneuvers. And if found guilty, such persons should be convicted/sentenced accordingly to serve as deterrence to others. This is line with the Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar, recent call to President Muhammadu Buhari to jail those found guilty of embezzlement while their property should be confiscated.

We are also glad when President Buhari told General Abdulsalami and members of his National Peace Committee that visited him recently, that the Federal Government, under his leadership, would not only ask for the return of stolen funds stashed in foreign banks, but will also ensure that those who stole the funds are put on trial in Nigeria. “That is why security-wise and economically, we’re in trouble,” President Buhari told his guests, adding that those who have stolen the national wealth “will be in court in a matter of weeks and Nigerians will know those who have short-changed them.” On his part General Abubakar and members of his committee urged the Federal Government to be guided by the rule of law in its fight against corruption. We believe the admonition of the Committee members for Buhari government to adhere to the rule of law in the probe is as germane as the probe itself. Many stakeholders believe that this is where the expertise of the Advisory Committee on corruption headed by renowned lawyer, Prof. Itse Sagay will come to fore. This may ensure that extra-legal and unconstitutional approaches that may impugn the whole exercise are avoided. It would be recalled that since the return of the present democratic system, more than a decade ago, most of the corruption cases preferred against some past public office holders, especially ex-governors are still pending in courts across the country. It has been more of motion without movement. The country’s Judiciary, the anti-graft agencies, and lawyers have been accused of complicity in the delay of trials. The irony of the situation is that some of the persons standing trials are still occupying elective and appointive positions in the country today. Since then till today, nothing much has changed in the Judiciary or anti-graft agencies.

The only change is that the All Progressives Congress (APC) is the ruling party and Muhammadu Buhari is the president of the country with a different approach to governance. Nigerians cannot wait for long to see how Buhari’s government will conduct the probe without ruffling feathers or engaging in impunity. This seems to be the first litmus test for the government. It is obvious that the task ahead of the government in this direction might be enormous and daunting. Especially as mixed reactions have continued to trail Buhari government’s decision to concentrate the probe on his predecessor’s government; particularly the recovery of an estimated N13.972 trillion allegedly squandered by the immediate past administration. Many, especially members of the Peoples Democratic Party (PDP) have described the move as selective, vindictive and mere witch-hunt of Jonathan’s former aides. They have challenged the government to extend its dragnet to other past leaders and members of the APC, especially the bigwigs that sponsored his election. Though, Buhari has assured that nobody will be protected or shielded from the probe, but the question is how will Buhari’s government handle some of his party faithful, if found to be corrupt. Perhaps, only time will tell. Before leaving office, former president Jonathan had said any probe by the new government would be seen as a “witch-hunt” if it fails to go beyond his administration.

The Presidency, however, argued that it was not a witch-hunt. The Special Adviser to President Buhari on Media & Publicity, Mr. Femi Adesina, said the probe was the proper thing to do. His words: “It is a simple thing. Before he was inaugurated, the President said that it will be a distraction for him to start digging deep into past governments. He said so. I don’t see anything new. But it will be irresponsible of any government to leave things of the immediate past that are glaring and evident and not do anything about it. It is not a witch-hunt. You have evidence and they are glaring. A responsible government should do something about it. It is not about the former president. It is about how they acquitted themselves in the responsibility they were given. When you are given a public responsibility, you are responsible to the people. You must account. When you bury a corpse and the legs are sticking out, have you buried the corpse? No. Once there are trails of money, in dollars everywhere, a responsible government should investigate. It is not as if they are witch-hunting anybody”, he said. Although, the PDP has said it was not against President Muhammadu Buhari’s decision to single out the past administration of President Goodluck Jonathan for probe through its National Publicity Secretary, Olisa Metuh, we cannot wait to see how these issues will play out in weeks, months and years to come. But one thing is for sure, what the President needs from Nigerians is massive support and prayers.

We however urge the President to take the issues we raised above seriously, if this administration really wants to record great success in its fight against corruption.

Zik Gbemre,JP.

National Coordinator

Niger Delta Peace Coalition (NDPC)

No.28, Opi Street, Ugboroke Layout, Effurun-Warri,

P.O. Box 2254, Warri, Delta State, Nigeria.

Tel: +2348026428271 +2348052106013

Website: www.ndpc-zik.org

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