EFCC, anti corruption agency

‘Corruption as an Enterprise in Nigeria’ by Barrister Pedro Azuogu

Corruption is described by both American Heritage Dictionary (1981) and Webster’s Comprehensive Dictionary (2010) as an act of being corrupt.

Corruption derives its meaning from the Latin word corruptus which in itself means tainted, decomposed, putrid, perverted, deteriorated, debased, dishonest, contaminated, etc.

Or such like synonyms which portends defilement of fidelity or morality.

As ugly as this word is in describing what is demeaning, it has been elevated to a State Enterprise in Nigeria, such that any public official who is not part of the transaction is seen as a non -starter. No wonder then that a former British Prime Minister, David Cameron opined that “Nigerians are fantastically corrupt”.

PLETHORA OF ACTS

A plethora of laws enacted by the Nigerian Parliament, including Criminal Code, Penal Code, Police Act, Procurement Act, Independent Corrupt Practices Commission (ICPC) Act , Economic and  Financial Crimes Commission (EFCC); Money Laundering (Prohibition) and Terrorism (Prevention) Acts among others, are some of the potent efforts made by the Nigerian State to checkmate the activities of unscrupulous elements whose stocks in trade are to subvert the regulatory processes of attaining good governance in the country.

All the Agencies of government were established by laws for their purpose of providing admissible means of interfacing with the citizens, foreign nationals and other sister agencies for the well being of the people and for developmental strides as it concerns the entire country. It can be eloquently testified and declared here that these laws were all made with good intentions and in the spirit of consummate administrative convenience.

POOR LEGAL INTEREST FOR THE WEAK

However, suffice it to say without mincing words that adherence to these litanies of laws have always been observed in fragrant breaches with impunity by those who are saddled with the onerous burden of executing them. And by those upon whom they are to be executed on the other hand, thus rendering the laws inoperative.

In another breadth, the said laws are selectively applied against perceived enemies of the state or such other persons who are vulnerably incapacitated to secure persons that could strongly lend voices on their behalf.

In some cases, most of the human rights lawyers or lawyers from the state-owned Legal Aid Council who, by their callings or demands of office, are expected to render pro bono legal services to the financially weaklings in order to unravel the logical truth encased in corrupt matters, end up bungling such cases because of probably none or little service charges.

But they will prefer to stoutly defend those embezzlers of public funds whose hands in the till cannot be compared because they have millions to pay as legal fees.

CORRUPTION

Corruption thrives where people have a penchant for subversion and cutting corners to beat laid down rules and procedures. These apply to processing documents or obtaining such items required of them while transacting with state officials through administrative machinery. In a bid to fasten or circumvent the process, the officials are compromised due partly because of poor remuneration. And also, mainly because of the absence of patriotic orientation, occasioned by tribal and religious considerations.

It is important to note that in corruption, it takes two to tango. And as such, a government official who allows himself to be inducted into issuing a fake document, allows a substandard product to enter the market, inflates contract, stamps unauthorized document for filing, pilfers the till, allows smuggled goods to cross the border, extorts motorists to overlook  expired papers, hides or destroys files for criminals to escape justice, removes documents from confidential files or engages in any ignoble act of sabotage against the government in order to have his palm greased, is not only digging his own grave, but also that of his children.

This accounts for why the majority of people who found themselves in such unofficial deals are bedeviled with stroke or bankruptcy immediately after retirement and in some cases, their children end up being vagabonds.  There is always a time to reap for everyone after sowing. The law of karma or retributive justice is real.

HISTORICAL FACTS

Since 1966, every successive government have always lampooned the preceding one of cuddling corruption and has therefore come to curb the menace, but in the end, itself will be swallowed up by the same monster. The reason is that Nigeria cannot escape the accusation of having been founded on fraud.

The continued glorification of tribalism and religious bigotry by every administration has made it practically impossible for the tree of corruption to be cut down. Each administration does is  just to cut off the branch that ‘bore corruption fruits’ for people or religion of the past administration and then allow another branch  to ‘bear corruption fruits’ for people or religion of its own administration.

Until there is a holistic TOP-BOTTOM orientation on patriotism which will make every citizen think, talk and act Nigerian and a mass mobilization of the entire citizenry to appreciate the need to see everything from Nigerian prism, believing that all that is Nigerian is his/her own, the wish-washy attitude and mentality will continue, where the people see the tenure of their tribesman or religion as “our turn”.

BUHARI’s ANTI CORRUPTION IRONY

The Buhari’s administration rode on the heels or mantra of fighting corruption as one of its three-pronged agenda in 2015. The unfortunate thing is that there was no clear- cut template and definition of what actually amounted to corruption. In the absence of such a template, the government embarked on a goose chase of officials of the previous administration. They stripped them of whatever property or money found in their possession or traced to their names.

As a result of the vindictive nature of the pursuit without diligent and condensed investigation, most of the trials failed to secure convictions in the courts as reliance were placed more on media trial to curry public sympathy and outrage over the humongous figures being bandied in the public domain as been recovered in the accounts of the opposition members.

The fact that the corruption search light was beamed more on the opposition, beclouded the government from seeing and observing that nearly all that were being recovered were also being re-looted back by the ‘recoverers’ and their cronies. When this administration took over, they started by enunciating a ‘BLAME GAME’ principle whereupon every ugly situation that existed (including those caused by its present officials) were blamed on the activities of the previous administration.

DIVERSIONARY TACTICS

The diversionary tactics affected the psychic of the people. They believed and accepting that the previous administration was membered by devilish individuals. For three years, this tactic worked. But at the epilogue of its first tenure, it dawned on citizens that government had been churning out mindless lies. And it became obvious that it had failed.

While Nigerians waited to oust him in 2019, the president played smart by refusing to sign the Electoral Reform Bill. That would have allowed for electronic voting in which the electorate would have quietly eased the administration out of office. The said election inadvertently re-introduced violence, characterized by killings, ballot box snatching and voter intimidation. These political vices had long been jettisoned since 2003. The Judiciary was grossly intimidated and cowed into making unjustly pronouncements. Candidates that never won elections were sworn-in to govern the people.

EXPOSING DECEITS

The saying that evil can only thrive for a season and not forever manifested glaringly within five years of the eight-year or first year of the second tenure of the administration when cans of worms began to be opened of the mad corruptions taking place under the very nose of the president described always as a man of integrity. 

It should be noted that the major cardinal element that attracted Buhari to Nigerians in 2015 was his anti-corruption pedigree. Nigerians reckoned the vigorous way he fought corruption as military Head of State between 1983-1985, albeit many human rights infractions. The thinking of the people was that ‘if he could do it then, he can also do it again’.

Although, the fight then was centrally driven by his Chief of Staff, Supreme Headquarters, late Major General Tunde Idiagbon. Late Air Commodore Emeka Omeruo, then Minister of Information gyrated a nationwide “WAR AGAINST INDISCIPLINE” (WAI) policy. It aroused uncommon patriotic enthusiasm among Nigerians.

But this time around, that self-same straight-faced and uncompromising Buhari of old roundly disappointed his admirers as a civilian president. Probably because there is no longer an Idiagbon personified or decrees to be promulgated. It is therefore understandable that democratic variables and age may have taken a toll on him.

This may have engineered reasons the president lost the steam of effective control of his government, unlike his military regime.

CORRUPTIONS CASES

How do we, therefore, view the high degree of corruption noticed in this administration that took its preamble from these?

Firstly, N100 million grass-cutting scandal of Babachir Lawal, former Secretary to the Government of the Federation (SGF)? Secondly, late Abba Kyari’s N500 million MTN bribe scandal? Thirdly, Ikoyi House millions of naira involving a former Head of the Secret Agency (DSS)? Fourthly, Aisha Buhari’s millions stolen by her Aid? Fifth, Governor Abdullahi Ganduje’s $500 million bribe scandal? Six, Saddiat Umar Farouk’s disbursement of about N850 billion to school children during Covid-19 Lockdown? Seven, Abubakar Malami’s (Attorney General) children Olympian lifestyle? Eight, Ibrahim Magu’s (EFCC Chair) unaccounted recovered billions of naira and property? Nine, award of untraceable contracts worth trillions of naira by the Niger Delta Development Commission (NDDC) within three years? Finally, another missing N100 billion in the coffers of the North East Development Commission (NEDC) amongst others.? The list appears endless.

On the whole, we are saddened by the fact that the necessary loopholes through which monies are siphoned from the public treasury are yet to be plugged, giving credence to our earlier assertion that there was no credible template created upon which the war on corruption was to be fought ab initio.

THE OBASANJO’S EXAMPLE

We are yet to see a consummated effort to ensure that public officials accused of graft are disciplined without delay as witnessed during the Olusegun Obasanjo presidency.

For instance, Diepreye Alamieyeseigha, Inspector General of Police, Tarfa Balogun, Chairman Nigerian Ports Authority, Olabode George, were removed from office. They were, arrested, investigated, prosecuted and imprisoned.  Compare that to what we have now? Immediate past Chairman of APC, Adams Oshiomhole, announced in 2019 that “ONCE YOU COME INTO APC YOUR SINS ARE FORGIVEN”.

This statement by Oshiomhole clearly captures the administrative stand of the present administration in fighting corruption. Persons accused of corrupt enrichment (being members of the ruling party) are allowed to carry on with their jobs. The president only acts reluctantly when there is public outcry and condemnation.

Considering that under this administration, Nigeria has been rated as the poverty capital of the world, one of the most corrupt countries of the world by the Transparency  International, the 3rd most  dangerous country to live in the world while the Global Terrorist Index rated Boko Haram as the 4th most dangerous terrorist group in the world,  it presupposes that the image of the country in global arena has been reduced to nothingness.

ADVISORY

The war against insurgency has become a mere child’s play. Hitherto respected Nigerian soldiers are now being killed like cockroaches through unexplained ambushes by both insurgents and bandits.

Some military men now resign from their profession with ignominy. Others take to social media to lament zero welfare and insufficient supply of ammunition to prosecute the war. Officers and men involved are court-martialed for over expressing their frustrations.

A critical analysis of all these goes to confirm that, indeed corruption has been elevated to the apogee of statecraft. Political party, tribe, religion and, or status determine whether what you committed can be tantamount to corrupt practice or not. Who then will say that corruption has not become an Enterprise in Nigeria? 

If, and only if the president can put his feet down and rise to the occasion, take charge and responsibility, knowing that the buck stops on his table, things could still turn around for good.

Otherwise, the idea of continued pursuit of perceived critics of the administration while leaving officials of the administration to carry on business, as usual, can only plunge the country into deeper abyss of avoidable catastrophe. 

Our take is that the president should always act fast in investigating alleged corrupt infraction against any of his officials. That will erase the general impression that he is privy to their actions or that he is not in control.

Pedro Azuogu is the Principal Partner of P.R.O AZUOGU & ASSOCIATES +2348037783217. Email: info@proazuoguandassociates.com

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