former governor of Taraba
State, Jolly Nyame in court
Ring True
Last week, the Court of Appeal in Abuja affirmed that failure of
public officers to give an account of security votes entrusted to
them amounted to stealing and criminal misappropriation, adding
that it is akin to genocide. This formed part of the reasons the
court affirmed the conviction of a former governor of Taraba State,
Jolly Nyame, who had earlier been convicted and sentenced to 14
years’ imprisonment on June 30, 2018 by a High Court of the Federal
Capital Territory. This is heartwarming.
Just like many other governors, Nyame took billions of Naira as
security vote without accounting for it. This criminal practice is
still on in virtually all our states. Many governors simply loot
state treasuries in the name of security vote. With this judgment,
it means that security votes must be appropriated for and accounted
for.
Justice Emmanuel Agim, who read the lead judgment of the
three-man appeal court panel on Nyame’s appeal, noted that in
Nigeria, there was a pervasive tendency by public officers to
regard or treat security votes collected by them as their personal
entitlement or funds. “This belief is completely wrong,” Justice
Agim said.
He added: “Any public officer in charge of such funds must
either account for them or return them to the public coffers.
Failure to do so amounts to stealing. Every public officer or
servant who receives government or public funds as security votes
must use the money for the purpose, or render an account showing
that it has been used for such purpose or return the money to the
government treasury if it has not been used.
“If the recipient of such funds cannot account for the use of
such funds for the purpose it was meant and has not returned same
to the government treasury, then that is clear stealing of public
funds or criminal breach of trust or criminal misappropriation of
funds.
“The argument put forward by the defence lawyer suggested that
Nyame believed that as a governor, the security votes were his
personal entitlement to be used as he pleased without any
responsibility to explain how he used same and that since it is his
entitlement, he cannot be said to have stolen same.
“The nature of the crimes, the fact that they are routinely
committed by public officers and servants throughout the country as
a usual process of public administration, their impact on the
community and people of Taraba State and the circumstances of the
commission of the offences justify a deterring punishment.”
I was also impressed that Justice Agim, during the ruling,
categorised corruption as genocide, saying he saw no justification
for offences like murder or armed robbery with less impact to be
punished with death penalty and corruption was not.
“In view of the dangerous impact of the crime of public office
corruption on the state security and the generality of the people,
it comes within the class of crimes against humanity like genocide,
terrorism and large-scale violation of human rights.
“There is no justification for imposing capital punishment for
serious crimes like murder, armed robbery with less widespread
impact and punishing a more serious crime like public office
corruption with more widespread impact in terms of imprisonment
prescribed in Section 115, 119, 309 and 315 of the Penal Code Act.
These cannot be sufficient deterrence. But the courts are bound by
law not to exceed those terms of imprisonment.”
Following the Nyame conviction, I hope the EFCC will go after
ex-governors that collected security votes without accounting for
them. All the governors that looted state treasuries in the name of
security votes must face the court. Serving governors currently
abusing security votes should prepare to face the law after their
tenure.
‘Decapitated’ Boko Haram Still Causing
Havoc
Last week, “decapitated” Boko Haram fighters killed scores of
soldiers during attacks on three military bases within three days
in Borno State. Yes, that’s the truth. Military authorities have
failed to respond to complaints of fatigue, insufficient supplies
of food and arms by soldiers on the frontline. So, many more of
such attacks should be expected.
In the first Boko Haram attack on Sunday, scores of soldiers
were killed in Metele, a remote village near the Nigerian border
with Niger. A military officer who requested anonymity told AFP:
“Our troops were completely routed and the terrorists captured the
base after heavy fighting.” The commander of the base and three
officers are believed to be among the dead. “A search is under way
for survivors or further victims in the surrounding bush,” the
source added.
The terrorists stormed Metele with 20 trucks and army air
support did not arrive until after they had invaded the base and
looted the weapons. Yes, 20 trucks! A decapitated Boko Haram was
able to mobilise 20 trucks for an assault on a military base.
The same day, Boko Haram also launched a pre-dawn attack on a
base in the town of Gajiram, some 80 kilometres north of Maiduguri.
Fighting lasted several hours before they were repelled by our
gallant soldiers. The previous day, the terrorists also attacked a
military base in Mainok, Borno State, killing a soldier.
The ISWAP faction of Boko Haram asserted responsibility for the
attacks in Metele and Mainok, claiming to have killed at least 42
soldiers in addition to carting away four tanks and other
vehicles.
Just on Monday, armed with guns and machetes, Boko Haram
fighters stormed Mammanti village in Borno State, killing nine
farmers. They abducted 12 people in an operation carried out on
bicycles. Usman Kaka, a farmer who escaped, said: “They just opened
fire on us and continued to fire as we fled.” Village Chief
Muhammad Mammanti said the assailants “hacked three people who
resisted being abducted”. Also on Monday, seven women were snatched
while working in fields near the city of Bama.
The biggest draw back to the war against Boko Haram is the
persistent lies by the government that the terrorists had been
defeated. The Buhari government must face the fact that Boko Haram
fighters are still very much around and very strong. As I pen this
piece, close to a million Nigerians are living in excruciating
condition in numerous IDP camps in Borno State. They can’t return
home; their towns and villages are still controlled by Boko Haram.
The terrorists are perfectly in control of three local governments
in Borno State. Under Buhari’s watch, Boko Haram became the
deadliest terror group in the world, with thousands of Nigerians
killed in the last 42 months. Even in IDP camps, displaced
Nigerians are persistently attacked and killed by Boko Haram, as
seen in Rann, Muna Garage, Dalore and a number of others.
This country has been needlessly losing hundreds of its gallant
soldiers to this madness called Boko Haram, yet Buhari refused to
replace our inept service chiefs. Many will not forget in a hurry
the massacre of soldiers in places like Sasawa, Magumeri, Malam
Fatori, Gashigha, Rann, Kanama, Gamboru-Ngala, Mafa and Kunduga.
What about the unprecedented and persistent killing of officers by
the terrorists under Buhari? Those killed include Lt. Colonel O.
Umusu, Lt. Colonel K Yusuf, Lt. Colonel Abu Ali, Lt. Colonel B. U.
Umar, Captain Victor Ulasi and Group Lt. Col. A E Mamudu. So, what
are we talking about? Buhari’s war against Boko Haram has been a
big mess. Our soldiers are ill-motivated and ill-equipped.
This government should stop all the propaganda about having
defeated Boko Haram and proactively face this war. This is the
truth that must be told.
NEMA DG, Maihaja, Should Step Aside
I have spent quality time reading the House of Representatives’
report in which the Director-General of the National Emergency
Management Agency, Mustapha Maihaja, was indicted for alleged
corruption and mismanagement of funds in excess of N33 billion
under his watch. I have also meticulously read the NEMA DG’s
defence. Honestly, Maihaja has no business remaining as NEMA DG for
a day longer. I fully concur with the demand by the lawmakers that
President Muhammadu Buhari should sack Maihaja, while anti-graft
agencies should move against him and recover the funds he could not
properly account for.
NEMA under Maihaja has not done well in the supply of food items
to the IDPs in the North-East, despite the billions of Naira it got
for this purpose. Out of the controversial N5.8 billion North-East
Intervention Fund released last year for the supply of food to the
IDPs, NEMA got N829 million. The poverty, hunger and disease in the
various IDP camps are not justifiable considering the huge amount
released to Maihaja’s NEMA, in addition to donations from
international bodies. Only God knows where the NEMA DG and his men
have been sending the food to.
The report alleged that there was no evidence that the balance
of 5,000 metric tons of rice worth N1.5 billion was supplied to the
IDPs in the North-east as claimed by NEMA and directed that N1.5
billion should be recovered from the NEMA DG.
On the 6,779 metric tons of rice donated by the Chinese
Government in support of the IDPs, the lawmakers asked the ICPC,
the EFCC and the police to “ensure recovery of about N800 million
paid for demurrage from officers of the Ministry of Budget/National
Planning, Ministry of Agriculture and NEMA.”
The case against the NEMA DG regarding funds released to the
agency for ecological purposes is also frightening. The lawmakers
linked specific funds to Maihaja and directed him to refund them.
For instance, out of the N1.6 billion voted for flood victims in 16
states, the DG was asked to refund N700 million because he could
not convincingly defend the entire disbursement.
NEMA in one of its responses said the correct value of the rice
donated by China was about N2.25 billion and that the amount spent
on clearing, demurrage and storage was about N450 million and not
the N800 million alleged by the lawmakers. Haba! N450 million for
clearing, demurrage and storage is huge and suspicious.
NEMA is clearly feeding fat on Internally Displaced Persons in
the North-east under Buhari’s watch. Last year, the lawmakers had
alleged another N3.1 billion contract scandal in NEMA under
Maihaja’s watch. It was alleged that supply contracts were shabbily
awarded to companies without legal qualifications to get contracts
from the federal government. Two of the rice contracts were said to
have been awarded to companies that did not meet standard
pre-qualification conditions. In separate reports adopted by the
committee, the FIRS claimed that the two companies had no tax
clearance certificates, and had not paid any tax to the federal
government as required by law before they could be awarded
contracts.
Maihaja has apparently been exploiting loopholes in the Public
Procurement Act regarding emergency operations to the detriment of
the country. His explanation on how he expended billions of Naira
on emergency activities is uninspiring. For me, Maihaja should be
man enough to step aside as NEMA DG. This critical agency of
government requires an honest, pragmatic and selfless leader.
By Yemi Adebowale; yemi.adebowale@thisdaylive.com; 07013940521
(text only)
Culled from Thisday
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