A new report by the Socio-Economic Rights and Accountability
Project (SERAP) has revealed how 55 politicians, high-level public
officials and leaders allegedly stole N1.354tr between 2006 and
2013 from the nation’s treasury.
According to the report, “The amount of money embezzled,
misappropriated or stolen by public officials and leaders in the
private between 2013 and 2017 has galloped beyond the contemplation
of average Nigerians. Evidence abound that Judges, judicial
officers, lawyers and military officers are participants in the
frenzy of despoliation of national wealth.”
The 112 pages report launched today at the Citi-Height Hotels,
Ikeja, Lagos is titled: “Letting the Big Fish Swim” How Those
Accused of High-Level Corruption are Getting away with their Crimes
and Profiting from Nigeria’s Legacy of Impunity. The report
presented to the media by Dr. Esa Onoja, Senior Lecturer of Law,
Litigation and Professional ethics at the Nigerian Law School,
Abuja Campus discloses that “While the main anti-corruption
agencies secured more than 1500 non-high profile convictions
between 2000-2017, they could only muster 10 high profile
convictions between the periods.”
According to the report, “In the investigation, prosecution and
trial of high profile corruption cases in Nigeria, justice is
imprisoned by snares contrived by actors in the legal community in
aid of looters.”
The report listed “high profile cases of corruption prosecuted
by anti-corruption agencies between 2000 and 2017 as numbering 177
out of which 167 are pending. Total convictions are just 10. Out of
the 10, only 3 convictions were obtained after full trial while 7
convictions were based on plea bargaining. Yet 1 of the 3
convictions based on Full trial was discharged by the Supreme Court
while 3 of the 7 convicted were granted Presidential pardon.”
The report launch chaired by Oladayo Olaide, Deputy Director
Macarthur Foundation had in attendance human rights lawyer Femi
Falana SAN; Barrister Babatunde Ogala; Mrs Juliet Ibekaku- Special
Assistant to the President on anti-corruption and Coordinator of
the Open Partnership Government; Chinedu Nwagu, Trust Africa; Mr
Joy Esezebor, Ford Foundation; David Ukagwu Head, DFID South-West
Regional Coordinator; Wahab Shittu; former NBA Chairman, Lagos Mr
Martin Ogunleye; Miss Jennifer Ogbechi representing Mrs. Mariam
Uwais; Mr Collins Okeke, representing Dr.Olisa Agbakoba; the media,
civil society groups and representatives of anti-corruption
agencies.
All the participants expressed commitment to ensure the full
implementation of the recommendations contained in the report.
The report read in part: “Most corruption cases against high
profile defendants witness delays tactics and tricks by defendants
to truncate fair trial. The cases depict the stark reality of a
captive justice system at the mercy of high profile offenders and
their platoon of defence counsel. The negligible number of
conviction of high profile defendants explains the probable
calculus of offenders that the risk of apprehension and conviction
is low.”
“Mr James Ngilari, ex-Governor of Adamawa State was convicted
through the effort of the Attorney General of Adamawa State. Salisu
Buhari was convicted of forgery under a plea arrangement in 1999.
Salisu Buhari’s sentence was a slap on the wrist. President
Olusegun Obasanjo later granted him a pardon. Tafa Balogun (former
Inspector General of Police), Mrs Celicia Ibru (former CEO of
Oceanic Bank), Lucky Igbinedion (former Governor) and Diepreye
Alamieyeseigha (former Governor of Bayelsa State) all entered plea
agreements with the Economic and Financial Crimes Commission.”
“Alhaji Shettima Bulama (former CEO of Bank of the North) was
convicted after trial. The sentences in each of these cases did not
reflect the gravity of the offences. There is a sense that all the
offenders, including Tafa Balogun and Celilia Ibru, who publicly
returned large amounts of money, were able to retain substantial
proceeds of crime. Diepreye Alamieyeseigha and Alhaji Shettima
Bulama were granted Presidential pardon by President Goodluck
Jonathan. The outcome of conviction of the high profile offenders
seems to be a clear signal that crime pays when you are high
profile.
“The record of proceedings from courts and law reports paint a
vivid and irrefutable picture of the causes of truncation of
prosecution of high profile in Nigeria. The trajectory of cases
through investigation to trial and appeals qualitatively reveals
strong evidence of a nexus between weak institutional capacity on
the one hand and attitudes of actors in the criminal justice sector
that hamstring orderly and efficient collation and presentation of
evidence in court, which militates against impartial determination
of corruption cases.
“The sense of simmering undercurrent of commodification of
justice and commercialized legal contortions and reasoning pervades
investigation, prosecution and trial of high profile corruption
cases in Nigeria. Justice stands in the dock this game of musical
chairs presided by technical justice while high profile offenders
gleefully sit in comfort with their loot, fortified by the efficacy
of a vast array of subterfuge and jiggery-pokery of their lawyers,
with seeming active and passive connivance of actors in the legal
community.”
Falana said: “Nigerians should stop rubbishing all judges and
lawyers. No doubt there are a few corrupt judges and lawyers. Just
a few. But majority of members of the legal profession are not
corrupt. Our duty as concerned citizens is to identify and isolate
the bad judges and lawyers.”
According to him: “I can say without any fear of contradiction
that the judiciary has developed an inbuilt mechanism to remove bad
judges. Between 1999 and 2017 not less than 100 judges have been
sanctioned. No other institution in Nigeria in Nigeria can boast of
that record. SERAP deserves commendation for elevating the debate
about corruption beyond the adoption of Fela Anikulapo-kuti’s
record entitled “Authority Stealing”. Unlike the two parties
singing “you be thief, I no be thief” SERAP has produced a 112-page
occasional publication.”
Falana’s remarks read in part: “With the abolition of stay of
proceedings politically exposed persons and their lawyers are no
longer permitted to frustrate their prosecution. In commending
SERAP for producing this report let me say that the areas covered
are a tip of the iceberg. Not a single reference was made to the
most corrupt institutions in the country.
“One of them is the Nigerian National Petroleum Corporation
(NNPC) which is currently headed by President Mohammadu Buhari. A
government’s agency, the National extractive industries
transparency initiative has accused the NNPC of illegally
withholding $16.8 billion from the federation account.”
“Since the NNPC cannot justify the fraudulent importation of
fuel it says that it is not a public institution when asked to
produce the certified true copies of importation documents. But i
assure you the documents will be produced either now or in future.
A government that says it is fighting corruption cannot be allowed
to engage in reckless opacity.”
The report also states: “The immunity clause has metamorphosed
into a potent vehicle of corruption and ignoble conduct. The
immunity clause effectively foster corruption and has become a
cloak of immunity to commit heinous crimes in our society. For
indeed there seems to be some sacred cows amongst the governors who
hide behind the cloak of immunity to commit atrocities.
“Suspicious decisions/rulings by courts in favour of high
profile defendants in corruption cases abound. Successful
prosecution of high profile cases unduly suffer because of the
tendency of courts to favour legalism and technical construction of
criminal and procedural legislations instead of real justice. High
profile corruption defendants have conveniently latched on to
claims of alleged breach of fundamental right to prevent
investigation, prosecution and orderly conduct of cases by courts.
Instances of sly and twisted claims of breach of fundamental rights
by high profile defendants against anti-corruption agencies abound
and are readily available from law reports.
“The problem with administration of criminal justice Nigeria is
not the absence of laws or institutions, but the will of actors
within and outside criminal justice institutions to put aside their
personal or group interests and apply the law. That is the main
reason for the low level of conviction of high profile corruption
defendants in Nigeria. However, no institution is perfect. Periodic
reform is beneficial because it ensures that laws and institutions
keep up with the times.
“The National Assembly should amend provisions in
anti-corruption legislations, criminal justice legislations, and
the Evidence Act that enables defendants to prolong trials or that
are disadvantageous to efficient presentation of cases in court.
The Executive should avoid interference with the work of
anti-corruption agencies. Money appropriated in budgets should be
released as and when due.
“Anti-corruption agencies should weed out compromised officials.
These agencies should also demonstrate that they are truly
independent. Training and re-training of investigators and
prosecutors should be a priority. There should be less dependence
on personnel from other agencies. The Nigerian Bar Association
should establish a monitoring mechanism to check abuse of court
process by legal practitioners. The Legal Practitioners
Disciplinary Committee should be empowered to discipline even the
sacred cows.”
A new report by the Socio-Economic Rights and Accountability
Project (SERAP) has revealed how 55 politicians, high-level public
officials and leaders allegedly stole N1.354tr between 2006 and
2013 from the nation’s treasury.
According to the report, “The amount of money embezzled,
misappropriated or stolen by public officials and leaders in the
private between 2013 and 2017 has galloped beyond the contemplation
of average Nigerians. Evidence abound that Judges, judicial
officers, lawyers and military officers are participants in the
frenzy of despoliation of national wealth.”
The 112 pages report launched today at the Citi-Height Hotels,
Ikeja, Lagos is titled: “Letting the Big Fish Swim” How Those
Accused of High-Level Corruption are Getting away with their Crimes
and Profiting from Nigeria’s Legacy of Impunity. The report
presented to the media by Dr. Esa Onoja, Senior Lecturer of Law,
Litigation and Professional ethics at the Nigerian Law School,
Abuja Campus discloses that “While the main anti-corruption
agencies secured more than 1500 non-high profile convictions
between 2000-2017, they could only muster 10 high profile
convictions between the periods.”
According to the report, “In the investigation, prosecution and
trial of high profile corruption cases in Nigeria, justice is
imprisoned by snares contrived by actors in the legal community in
aid of looters.”
The report listed “high profile cases of corruption prosecuted
by anti-corruption agencies between 2000 and 2017 as numbering 177
out of which 167 are pending. Total convictions are just 10. Out of
the 10, only 3 convictions were obtained after full trial while 7
convictions were based on plea bargaining. Yet 1 of the 3
convictions based on Full trial was discharged by the Supreme Court
while 3 of the 7 convicted were granted Presidential pardon.”
The report launch chaired by Oladayo Olaide, Deputy Director
Macarthur Foundation had in attendance human rights lawyer Femi
Falana SAN; Barrister Babatunde Ogala; Mrs Juliet Ibekaku- Special
Assistant to the President on anti-corruption and Coordinator of
the Open Partnership Government; Chinedu Nwagu, Trust Africa; Mr
Joy Esezebor, Ford Foundation; David Ukagwu Head, DFID South-West
Regional Coordinator; Wahab Shittu; former NBA Chairman, Lagos Mr
Martin Ogunleye; Miss Jennifer Ogbechi representing Mrs. Mariam
Uwais; Mr Collins Okeke, representing Dr.Olisa Agbakoba; the media,
civil society groups and representatives of anti-corruption
agencies.
All the participants expressed commitment to ensure the full
implementation of the recommendations contained in the report.
The report read in part: “Most corruption cases against high
profile defendants witness delays tactics and tricks by defendants
to truncate fair trial. The cases depict the stark reality of a
captive justice system at the mercy of high profile offenders and
their platoon of defence counsel. The negligible number of
conviction of high profile defendants explains the probable
calculus of offenders that the risk of apprehension and conviction
is low.”
“Mr James Ngilari, ex-Governor of Adamawa State was convicted
through the effort of the Attorney General of Adamawa State. Salisu
Buhari was convicted of forgery under a plea arrangement in 1999.
Salisu Buhari’s sentence was a slap on the wrist. President
Olusegun Obasanjo later granted him a pardon. Tafa Balogun (former
Inspector General of Police), Mrs Celicia Ibru (former CEO of
Oceanic Bank), Lucky Igbinedion (former Governor) and Diepreye
Alamieyeseigha (former Governor of Bayelsa State) all entered plea
agreements with the Economic and Financial Crimes Commission.”
“Alhaji Shettima Bulama (former CEO of Bank of the North) was
convicted after trial. The sentences in each of these cases did not
reflect the gravity of the offences. There is a sense that all the
offenders, including Tafa Balogun and Celilia Ibru, who publicly
returned large amounts of money, were able to retain substantial
proceeds of crime. Diepreye Alamieyeseigha and Alhaji Shettima
Bulama were granted Presidential pardon by President Goodluck
Jonathan. The outcome of conviction of the high profile offenders
seems to be a clear signal that crime pays when you are high
profile.
“The record of proceedings from courts and law reports paint a
vivid and irrefutable picture of the causes of truncation of
prosecution of high profile in Nigeria. The trajectory of cases
through investigation to trial and appeals qualitatively reveals
strong evidence of a nexus between weak institutional capacity on
the one hand and attitudes of actors in the criminal justice sector
that hamstring orderly and efficient collation and presentation of
evidence in court, which militates against impartial determination
of corruption cases.
“The sense of simmering undercurrent of commodification of
justice and commercialized legal contortions and reasoning pervades
investigation, prosecution and trial of high profile corruption
cases in Nigeria. Justice stands in the dock this game of musical
chairs presided by technical justice while high profile offenders
gleefully sit in comfort with their loot, fortified by the efficacy
of a vast array of subterfuge and jiggery-pokery of their lawyers,
with seeming active and passive connivance of actors in the legal
community.”
Falana said: “Nigerians should stop rubbishing all judges and
lawyers. No doubt there are a few corrupt judges and lawyers. Just
a few. But majority of members of the legal profession are not
corrupt. Our duty as concerned citizens is to identify and isolate
the bad judges and lawyers.”
According to him: “I can say without any fear of contradiction
that the judiciary has developed an inbuilt mechanism to remove bad
judges. Between 1999 and 2017 not less than 100 judges have been
sanctioned. No other institution in Nigeria in Nigeria can boast of
that record. SERAP deserves commendation for elevating the debate
about corruption beyond the adoption of Fela Anikulapo-kuti’s
record entitled “Authority Stealing”. Unlike the two parties
singing “you be thief, I no be thief” SERAP has produced a 112-page
occasional publication.”
Falana’s remarks read in part: “With the abolition of stay of
proceedings politically exposed persons and their lawyers are no
longer permitted to frustrate their prosecution. In commending
SERAP for producing this report let me say that the areas covered
are a tip of the iceberg. Not a single reference was made to the
most corrupt institutions in the country.
“One of them is the Nigerian National Petroleum Corporation
(NNPC) which is currently headed by President Mohammadu Buhari. A
government’s agency, the National extractive industries
transparency initiative has accused the NNPC of illegally
withholding $16.8 billion from the federation account.”
“Since the NNPC cannot justify the fraudulent importation of
fuel it says that it is not a public institution when asked to
produce the certified true copies of importation documents. But i
assure you the documents will be produced either now or in future.
A government that says it is fighting corruption cannot be allowed
to engage in reckless opacity.”
The report also states: “The immunity clause has metamorphosed
into a potent vehicle of corruption and ignoble conduct. The
immunity clause effectively foster corruption and has become a
cloak of immunity to commit heinous crimes in our society. For
indeed there seems to be some sacred cows amongst the governors who
hide behind the cloak of immunity to commit atrocities.
“Suspicious decisions/rulings by courts in favour of high
profile defendants in corruption cases abound. Successful
prosecution of high profile cases unduly suffer because of the
tendency of courts to favour legalism and technical construction of
criminal and procedural legislations instead of real justice. High
profile corruption defendants have conveniently latched on to
claims of alleged breach of fundamental right to prevent
investigation, prosecution and orderly conduct of cases by courts.
Instances of sly and twisted claims of breach of fundamental rights
by high profile defendants against anti-corruption agencies abound
and are readily available from law reports.
“The problem with administration of criminal justice Nigeria is
not the absence of laws or institutions, but the will of actors
within and outside criminal justice institutions to put aside their
personal or group interests and apply the law. That is the main
reason for the low level of conviction of high profile corruption
defendants in Nigeria. However, no institution is perfect. Periodic
reform is beneficial because it ensures that laws and institutions
keep up with the times.
“The National Assembly should amend provisions in
anti-corruption legislations, criminal justice legislations, and
the Evidence Act that enables defendants to prolong trials or that
are disadvantageous to efficient presentation of cases in court.
The Executive should avoid interference with the work of
anti-corruption agencies. Money appropriated in budgets should be
released as and when due.
“Anti-corruption agencies should weed out compromised officials.
These agencies should also demonstrate that they are truly
independent. Training and re-training of investigators and
prosecutors should be a priority. There should be less dependence
on personnel from other agencies. The Nigerian Bar Association
should establish a monitoring mechanism to check abuse of court
process by legal practitioners. The Legal Practitioners
Disciplinary Committee should be empowered to discipline even the
sacred cows.”
Read more https://nairalaw.com/55-politicians-others-stole-n1-354tr-between-2006-and-2013-serap/