The famous legal maxim “Justice delayed is justice denied” doesn’t quite apply to Nigeria oligarchs. In Nigeria, oligarchs are called “Big-Men.” Better legal maxim for Nigeria oligarchs should be, Justice delayed is Justice forgotten. Nigerian Big-men/oligarchs are the political class, wealthy and influential. Ordinary Nigerians are frustrated by a different set of rule enjoyed by the oligarchs at various courts around the nation.
Former Nigerian president, Mr. Obasanjo established an agency called Economic and Financial Crime Commission (EFCC) for the sole purpose of combating Nigeria waterloo called corruption that has permeated all government level and private sector. Corruption in Nigeria is a metastasized cancer that has eaten deep into the moral fabric of the nation.
A little known Nigerian, Mallam Nuhu Ribadu who was appointed and confirmed to head the Economic and Financial Crime Commission transformed the little known agency to the most effective corruption fighting organization Nigerians has ever seen since the country’s independence. Corrupt oligarchs has never been arrested and successfully prosecuted and convicted since Nigerian independence. Yes, a lot of successive military regime has justified their military coup by accusing their predecessors of corruption. Military regime’s claim cannot be trusted since raw power grab is usually their motivation for seizing power through the barrel of the gun.
Mr. Ribadu took a no-nonsense approach on corruption. He investigated, arrested and successfully prosecuted and convicted untouchable politicians and oligarchs for the first time in Nigeria history. He was so successful that Nigerian’s coined a sentence which goes as follows: “Fear of EFCC is the beginning of Wisdom” Well, evil do not sit back and fold her hand. They fight back. Unfortunately for Nigeria, EFCC hand is tied since the agency is under the executive branch supervised by the attorney general appointed by the president . Having head of such organization under the attorney general for a country like Nigeria is a mistake because unscrupulous corrupt attorney general can handicap the agency as Nigerians witnessed under former attorney general who connived with corrupt officials during late Yar’Adua’s presidency to frustrate former EFCC chairman which culminated in his unceremonious dismissal from office. Since Ribadu’s removal from office, corruption has returned with a vengeance. Attorney generals are making their job more difficult.
The worst part is that the judiciary is not disposing cases of corrupt politicians in a judicious and expeditious manner. The reason for the long delay in rendering judgment in corruption cases is unfathomable and suspicious. How can one explain the fact these cases lingers for years on end, and then suddenly dismissed or the criminal works away with a slap on the wrist or the case just dies and fades away. Yes, the governors uses their looted funds to hire top lawyers who can delay court proceedings by filing one frivolous motions after another.
Examination of some pending cases before the court may help to better understand the frustration of many Nigerians with the justice system when it comes to the oligarchs, especially the political class.
Former Governor of Abia State, Orji Kalu, is facing 107- counts charge by the Economic and Financial Crime Commission (EFCC) over embezzlement of 5.6 billion Naira during his tenure which ran from 1999 and 2007. He was first charged to court on July 27, 2007. This case has been going on for over 6 years without any resolution in sight.
Saminu Turaki was the governor of Jigawa state from May 29, 1999 to May 29, 2007. In July 2007, the Economic and Financial Crime Commission(EFCC) under former fearless chairman, Nuhu Ribadu arrested him over allegations of corruption and money laundering. Turaki faced a 32-count charge of money laundering and embezzlement of 36 billion Naira from his state treasury. He was released on bail shortly after. He ran for senate in April 2007 under the banner of the ruling party, People’s Democratic Party (PDP) and was elected to represent Jigawa North West constituency. His case is still pending in the court.
Joshua Chibi Dariye was the former governor of Plateau state. He assumed office on May 29, 2009 on the platform of People Democratic Party (PDP). He was relected for another four year term in May 2003 and was impeached on November 13, 2006. He was arrested during his tenure as governor during one of his visits to London on January 20, 2004 for being in possession of of large sums of money which he could not account for the source. He jumped bail in London and returned to Nigeria. He was subsequently arrested in Nigeria and arraigned in court for stealing $9 million of public fund from Plateau state treasury. Embezzlement case against him was never clearly adjudicated in the court. He was rewarded for his crime in April 2011 by been elected a senator under Labor party.
On October 11, 2011, Economic and Financial Crime Commission (EFCC) charged former governor of Oyo State, Otunba Christopher Adebayo who ruled Oyo state from January 12, 2006 through May 2011 with 11-count charge of conspiracy, contract scam and other criminal acts including fraudulent acquisition of properties in both Nigeria and United Kingdom by defrauding and embezzling 20 billion Naira from Oyo state government. Case is still pending before the court.
On December 12, 2007, Former governor of Delta State James Ibori was arrested by the Economic and Financial Crime Commission for theft of public fund, abuse of office, and money laundering. He was arraigned on 170-count totaling 40 billion Naira. On December 17, 2009, a Federal High Court sitting in Asaba, capital of the state where he was the governor discharged and acquitted him of all the 170 counts of corruption. The EFCC filed a notice of appeal. His case was re-opened on April 2010 and attempt to arrest him was unsccessful. He fled to Abuja from Lagos and then to Dubai, United Arab Emirates, where he was apprehended and extradited to Britain to face outstanding corrupt charges. He was tried, convicted and sentenced to jail in London where he is still serving his sentence. His Nigeria fraud case is still pending.
Nigerian government has however recorded minimal success in prosecution and conviction of few oligarchs, but the sentences handed out to some of these people are lenient. It should be noted that Nigeria oligarchs are not limited to politicians or men.
Nigerian Federal High court sitting in Lagos sentenced Dr. Cecilia Ibru, former managing director/chief executive of Oceanic Bank International PLC to 18 months in prison in a plea bargain arrangement and ordered her to forfeit 158 million Naira (about $1 billion) in stolen asset from the bank she managed. Total time she spent in jail was six months since her sentence ran concurrently.
Mr. John Yakubu Yusuf, a director in the police pension office was recently given what amounted to a slap on the wrist by a federal high court judge. The federal high court judge, justice Talba recently sentenced Mr. Yusuf who pleaded guilty to embezzlement of 32.5 billion Naira of pension funds to 2 years imprisonment with an option of 250,000 Naira fine for each of the 3-counts. Nigeria Judicial Commission (NJC) which disciplines corrupt judges recently suspended Justice Abubakar Talba of the Federal High court from office for 12 months on the ground of improper exercise of discretion in granting Mr. Yusuf 750,000 Naira option of fine in place of a two-year jail term.
Former governor of Bayelsa state, Diepreye Alamieyeseigha was detained in London for money laundering in 2005 and jumped bail and flew back to Nigeria in a disguise. On July 26, 2007, Alamieyeigha pleaded guilty before a Nigerian court to six charges and was sentenced to two years in prison on each of the charge. He spent six months in jail since his sentence ran concurrently. He forfeited some of his ill-gotten properties. He was recently pardoned by the current president, Goodluck Jonathan who was his deputy governor before Alamieyeigha was impeached for jumping bail in London. His pardon sets a very bad example.
Wholesale embezzlement of public fund by some governors must be confronted and justice meted out swiftly. Immunity given to governors which shields them from prosecution while in office should be struck down by the court on the ground of abuse by some governors who have misinterpreted the clause as a license to loot their state treasury which was not the intention of the framers of the constitution. Removal of the immunity clause will definitely reduce misappropriation of public fund by the governors. Waiting for immunity clause conferred to the governors in the constitution to be removed through constitutional amendment will never happen because 2/3 of the state legislatures who are often under the thumb of various state governors will never agree or approve such amendment. Nigeria oligarchs (Big-Men) must not be treated differently from other Nigerians. It is unjust and unsustainable. Rule of law will never take firm hold in any country that does not treat all citizens equal. All levels of government, especially Nigerian judicial must understand that there is an inverse relationship between development and corruption. Development stagnates where there is rampant corruption and vice versa. Nigerians will gradually lose confidence in the judicial if high profile cases are not handled fairly and justices meted out quickly when applicable.
Key: $1.00 = 158.75 Naira