Being the Address of Press Conference by Debo Adeniran of CACOL on the Occasion of Marking the 2017 International Anti-Corruption Day, Saturday, 9th December, 2017
“Concerned about the seriousness of problems and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law”…….Rationalization in the United Nations Convention against Corruption.
BACKROUND CHECK: This year’s thematic pre-occupation of the United Nations in marking International Anti-Corruption Day is very apt in capturing situation in Nigeria and what remains to be done. This is even more succinct when examined against the fact that UNODC and UNDP have developed a joint global campaign focusing on how corruption affects education, health, justice, democracy, prosperity and development submitting that corruption is the greatest impediment to achieving the Sustainable Development Goals (SDGs).
President Muhammadu Buhari presented an N8.6Trillion 2018 budget to the national assembly with a deficit of N2.005Trillion and a plan to borrow N1.69Trillion from local and foreign lenders to execute the budget. He also informed Nigerians that the budget would be part financed from proceeds of recovered loot. Interestingly, a Senior Advocate of Nigeria, Barrister Femi Falana has variously asserted that the country has over N300Billion unrecovered loot. In a co-related twist, several European countries where the country’s stolen wealth where kept like Australia have demanded that the Government should demonstrate the infrastructural development project which the funds would be invested on before they can be released. This clearly paints a vivid impact of corruption on our nation’s development.
The President in its 2015 campaign promised to fight corruption and insecurity. This anti-corruption crusade got the kudos of the major leaders of world. John Kerry, the Secretary of State of United State expressed support for the anti-corruption policy at World Economic Forum in Davos, Switzerland, while Grant Sharp, the Minister of Interior of United Kingdom explicitly showed the direction of Europe when he stated that “ …. We would continue to provide capacity building technical support to Nigeria to tackle corruption”.
President Buhari is often quoted as stating that the historic duty of his administration is summed up in the clarion that “If we don’t kill corruption, corruption will kill us”. No doubt if this is imbibed by the entire populace, it would be re-echoed with vigour. Many corruption cases have since been blown into the open; Halliburton, Siemens, Mallabu, Panama and Paradise Papers, and the in recent period time the scandalous, brazen sharing of the N2.6Billion arms deal.
HOW FAR FROM LAST YEAR?
In commemoration of Last year International Anti-Corruption Day, we embarked on anti-corruption to highlight the state of infrastructural decadence in the country particularly in Lagos and environs. We were at the then notorious Sango-Otta toll gate, Alimosho and visited a public primary school.
It is highly imperative to note and commend the Lagos State Government in particular that after our tour and awareness campaign last year, most of the affected roads have been taken care. As a matter of fact, the astronomical speed and pace with which Lagos State Government has embarked on road construction and rehabilitation particularly opening up of feeder road has been breath-taking. This has no doubt reduced traffic grid on some major roads thereby reducing the productive man-hour usually wasted on traffic lock.
We however also note that there is continuous downward and negative slide in the standard of the country’s social infrastructure. The health clinics are indeed death clinics, there is no portable pipe borne water, many Nigerians are living in slums or as destitutes while the ruling elites loot the treasuries to buy choiced properties in Dubaiand Europe where no one lives. Even the informal settlements that our people built themselves without government help had been stolen by state land grabbers in places like Makoko; Badia; Ilubirin; Tejuosho market; Otodo Gbame, and others without following international standards on evacuation and relocation of mass housing areas and in clear negation of judicial pronouncements. This is unfair to a people that really need low-cost social housing units enmasse. Public education is not only underfunded but consciously castrated to pave way for private education institutions and no guaranteed social welfare scheme for Nigerians.
The country has become a society where amidst plenty, the majority goes starving and the elites loot more than they can ever spend in their combined lives span. We hear of suicide every day. And the masses groan the more. It is common knowledge that the recession still persist, and only a few in the business class are making the billions. All these are ailments that we have diagnosed over and over again. When corruption bedevils a society, development would go amiss, peace will be eluded, and security would be in tatters!
EFFECTS OF CORRUPTION ON SUSTAINABLE DEVELOPMENT, PEACE AND SECURITY
It is correct to assert without any iota of contradiction that Nigeria needs to tackle the monster of corruption before it can effectively embark on its flight to development. What is however worrisome is whether the government, the ruling class and Nigerians realize the enormity of the task of the campaign as manifestly confusing and sometimes conflicting signals are what can generally be discerned by observers. For instance, no state, local government or government agency has openly come with its version or acceptance of the dire need for an anti-corruption policy.
In recent period also, there are obvious cases of dysfunctionalism in the prosecution of the anti-corruption campaign. There is the glaring lack of synergy and absence of coordination among the various anti-corruption agencies [ACAs], as well as between and among the ACAs and other relevant law enforcement and security agencies.The most recent example is that involving the botched attempt by the EFCC to arrest the retired Director Generals of both the DSS and the NIA.Acting on a warrant of arrest issued after the failure of both Ex-DGs to honour invitations with the EFCC, the agency made an attempt to execute the warrant of arrest which also included a search warrant to search their residences. The EFCC operatives were however prevented from executing the warrants by DSS officers, a situation that led to a standoff which lasted more than 10 hours in broad daylight. This arrogant display of official lawlessness is not only reprehensible but an indictment of the President and his team failure to walk his talk on the corruption anti-corruption campaign.
This is not the first time however that similar scenario will be played out. We had something similar when the EFCC raided the homes of some serving judges, and arrested them, with both the EFCC and the NJC trading accusations as to who was to blame for the lack of cooperation which prompted the EFCC to act the way it acted.
Also, the unfolding Mainagate drama speaks volumes as to the absence of coordination within the government. Not only are the two most senior bureaucrats of the government – the Head of Service and the Chief of Staff pitted against each other, but so also are several organs of the government, including the ministries of interior and Justice, as well as the Federal Civil Service Commission [FCSC]. In the same regards, we can also cite the recent public disagreement between the Minister of State for Petroleum Affairs, and the Group Managing Director [GMD] of the Nigeria National Petroleum Corporation [NNPC] over acts of insubordination and alleged breach of statutory limits for contract approval by the GMD.Given that in this specific instance, the President is also the substantive Petroleum Minister, it begs the question, how this could have happened under the watch of the President. And it also raises the question as to what the Federal Executive Council [FEC] actually really deliberates upon during its weekly midweek meetings.
Perhaps nowhere else is the consequences of corruption more glaring as in the situation with internal security and the economy. The on-going investigation into the dare devil sharing of funds allocated for combating the insurgency in the North East is a vintage example.
We continue to have a situation where with all the plethora of security outfits at Federal and State levels, all by their legal mandate performing policing and therefore internal security roles and functions; we still have huge and significant gaps with internal security.Kidnapping, armed robbery, gangsterism and cultism, as well as rural banditry and the now seemingly intractable conflict between Herders and Farmers; have all continued to grow in intensity and fester like untreated sours on our body polity.
Compounding this as a significant driver is the unprecedented levels of poverty, inequality, and unemployment – particularly youth unemployment.The police and other security outfits performing policing and internal security duties including Road Safety, Civil Defence, VIO, and all the retinue of paramilitary units and neighbourhood watches established by state governments; lack adequate training, facilities, equipment, welfare conditions, and all the necessary infrastructure required to support effective policing and provide adequate internal security cover.
A core and central part of the problem however is thus this absence of coordination, and the inability to effectively deploy in a complementary manner the available internal security resources in the country.
A government and administration that is torn apart by internal strife, a regime bedevilled with mutually antagonistic internal disputes cannot however be well positioned to provide the political leadership and strategic oversight required to achieve the anti-corruption war of the administration and the needed level of coordination to improve internal security situation
It is pathetic to note the increasing militarization of the polity, yet the Nigeria Police Force and other security agencies are notorious as nest of corrupt practices. There is an ongoing campaign to scrap the Special Anti- Robbery Squad (SARS) which epitomizes a dangerous, violent corrupt security body. Rather than address the fundamentals, we continue to witness repressive militarization of the society. The Government continues to demonstrate its commitment to draft the Armed Forces more and more into internal security duties and operations. The result is that according to the Internal Police Service Association, our own Police Service is the worst performing police force with respect to internal security among 127 countries whose internal security situation was assessed.
It is curious to note that just as we have the Anti-Corruption Task Force, as well as other task forces, yet the experience is gloomy and the outcome has been increasing levels of dysfunctionality and systemic failure.The only sane and strategic conclusion to be drawn is that coordination, and building synergy is not synonymous with holding meetings. Government must show seriousness by removing all the square pegs in round holes so that corruption can be sent to oblivion once and for all. It is now clear to whoever is honest that there is aneed for all the government agencies to have unity of purpose. There is no way we can kill corruption when some other agencies are openly fighting EFCC or there is entrenched inter-agencies rivalries instead of collaboration
We in CACOL want to call on President Buhari to put his house in order and address the recent internal sabotages against the much-acclaimed Anti-corruption war.
We in CACOL also want to say that economic Development is one of the major ways corruption can be killed. The Buhari government must make bold to start the conscious mass re-industrialization of the country. The rate of unemployment can be drastically reduced if the 2018 budget invests in massive industrialization and capital investment through the revival of public industries and creation of new ones. When industrialization is effected accordingly, there will be less primitive money to steal by those in government and their cronies. This is the logic we have been arguing for a long time now. This country is sitting on a keg of gunpowder if corruption is not killed.
We also want to note that the judicial frustration of anti-corruption cases must be addressed by the Buhari government if there is any seriousness. The office of the Attorney-General and Ministry of Justice needs to be separated and overhauled especially as its strategic hold on the outcome of the anti-corruption war is highly significant. The power of that office portends a great danger for the survival of our democracy.
Finally, we call on the President to start rejigging this non-performing cabinet. The combined ministries of Works, Housing, and Power has been lukewarm and helps vigorously as leakage for corruption especially as the combined ministry has gotten the largest chunks in budgetary allocations since the inception in 2015. Government needs express qualitative functionality in a way that keeps development in the front burner. Performance helps to keep corruption at a low pace. It is trite to emphasise that the refusal or inaction in executing the planned dualisation of Lagos-Ibadan express way, Ojo-Badagry, Onitsha East road and rehabilitation of many roads that are in state of total dis-repair becoming death traps is an indictment of this unwieldy three-star ministry.
We thank you once again for your prompt attendance.
“ A House Divided Against Itself Can Never Stand ”
In less than a month, there are several reports of incidences of inter-agencies clashes especially between officers of the Economic and Financial Crimes Commission (EFCC) and the Department of State Securities (DSS) in a manner lacking all the paraphernalia of civil governance guarded by entrenched decorum, protocols, rules and patriotic responsibilities.
In a brazen display of national disgrace and embarrassment, the EFCC and DSS flexed muscles in gangsteric style when the anti-corruption agency wanted to arrest a former Director General of DSS, Ekpenyong Ita, and the same fiasco was displayed at the residence of the former Director General of Nigeria Intelligence Agency (NIA), Mr. Ayo Oke. The operatives of the two security bodies lay armed siege against each others, brandishing sophisticated weapons, taking pictures like yoyo kids for hours.
This act in itself is not only condemnable but it is symptomatic of a larger ailment afflicting our nation. Nigeria is held at captive in a permanent siege by the bankrupt and degenerate ruling class who do not respect the constitution and the citizens aspirations better life and socio-economic advancement in the same way the DSS and EFCC are pursuing a grand design to stalemate President Muhammadu Buhari anti-corruption campaigns. More importantly, the security forces in the country are not suffering from bringing forward the military mentality during the military absolute despoliation of governance in the country but act according to their conception. The security force in Nigeria were established by colonial dispensation as “ Forces of Occupation”, decades after, we are yet to purge these bodies from these idiosyncrasies and civilinised, constitutionalised and democratized their operations.
It is a trite fact that the EFCC and DSS are creation of laws and should be accordingly guarded without this menace of inter-agency clashes. The EFCC, like its sister organizations Independent Corrupt Practices and other related offences Commission (ICPC), was established by the Economic and Financial Crimes Commission (Establishment) Act, 2004 and deriving further legal sinew from the Constitution of the Federal Republic of Nigeria, 1999 (as amended), African Union Convention on Preventing and combating Corruption, ECOWAS Protocol on Corruption, UN Convention Against Corruption (UNCAC). The DSS on the other hand, though as an intelligence organization, there are various enactments, Instruments and protocols given it powers and regulating its operations, mechanism and jurisdictional demarcation.
Thus under normal and abnormal circumstances, there should not be any valid reasons for the two agencies to have jurisdictional clashes. These agencies are supposed to work together, their operations are meant to be complementary not contentious and antagonistic. We are clear that there breaches by the parties leading to this clashes which must be quickly probed by the Presidency and stopped immediately.
CACOL calls on Mr. President to urgently call the pointsmen of the two organizations to order before the tear eachothers’ jugular and shred into dirty pieces this administration’s commitment to prosecute without resting the campaigns to eliminate corruption from our national psyche and menu.
“ In a place where tradition is lacking, a striking example becomes relevant”
………….. Leon Trotsky
As much as we at the Centre for Anti-Corruption and Open Leadership, CACOL fully identify with the current administration rare and audacious commitment to vigorously prosecute anti-corruption campaign, we are quick to point out that President Muhammadu Buhari need to bring culprits of corrupt practices to effective justice, not just mere negotiations to recover stolen public funds. The President and his team need to step up the ante by making stigmatizing examples of culprits of corrupt and sharp conducts through diligent investigations, thorough prosecution, confiscation of properties and real time convictions in the court of law. This will not only serve as deterrent, but also a striking stigma against corruption, signaling the absolute dedication of government to vanquish corruption.
Without any equivocation, the unbridled looting of pensions funds, attendant sack, criminal conspiratorial reinstatement and correct but embarrassing re-sacking of the former Chairman of the Presidential Task Force on Pension Reforms, Abdulrasheed Maina is one major corruption case that should not treated with kids’ glove.
BEYOND NATIONAL ASSEMBLY INVESTIGATION OF MAINAGATE
In recent time, the media has been awashed with contradictory, confusing and often laughable assertions on the unpardonable stories of sleaze and corruption engulfing the seemingly “invincible” former Chairman of Presidential Task Force on Pensions Funds, Abdulrasheed Maina. Ironically, there has been curious passing round of the bucks. One of such silly infamies claims that the Federal Government is hampered to take up Maina case because the National Assembly is already investigating the matter. This smacked like a grand scheme to find soft landing for all those that are obviously indictable for this national disgrace, we are certain that a thorough forensic investigation would consume many persons. The other comical claim is that Maina has since disappeared from Nigeria and cannot be brought to book. That. some powerful allies seem to be hiding the above the law crook is an alluring conclusion one would deduce.
As of today, the Nigeria Senate has conducted its investigation into the matter but with a veil of secrecy. An ad-hoc Committee of the Senate set up to investigate the controversial reinstatement and the embarrassing promotion of Maina in the civil service of the Federal Government invited the Attorney General, Abubarkar Malami (SAN) and the Minister for Interior, Abdulrahman Danbazau but the session were held in camera in the office the Committee Chairman. We strongly believe openness and transparency to the media and the general public is integral part of the campaign against corruption.
However, the House of Representatives is reported to have slated the commencement of its ad-hoc Committee for Wednesday, 22nd November, 2017. It promised that the session on Maina’s ill-handling of pensions funds would be broadcast live by Nigeria Television Authority. The Committee also invited Abdulrahman Danbazau, the Head of Service to the Federation, Mrs. Winfred Oyo-Ita, the acting Chaiman of EFCC , Ibrahim Magu and Chairman of ICPC, Prof Bolaji Owosanoye assuring Nigerians that Maina would come out of hiding to face the Committee.
CACOL therefore salutes the courage of the House of Representatives in slating the Committee with live coverage. We hope that would be opportunities for the general public to also interrogate this process. It is a trite truism that anti-corruption war goes smoother with openness, transparency, accountability and the rule of law. We condemn any move to shroud this critical investigation with any garb of conspiratorial secrecy – Nigerians have the right to know all details. We also call on relevant law enforcement agencies to ensure that there is no back door settlement with Maina no matter the quantum of information he revealed against his co-travellers in crime. He, along with others must be made to face the full wrath of the law – when you commit the crime, you do the time.
The investigating Committee and all other anti-corruption agencies must not only investigate all the Government’s ministries and officials responsible for the mid-night smuggling of Maina back into the public service, his promotion but also the office of the Accountant General and Auditor General must explain how they paid Maina N21Million salary arrears for a period when the judgment of a competent court of law debar him from the civil service.
The entire civilized world is watching on what would be the outcome of this case, and thus must not be handled lightly. It is our well considered view that justice must be manifestly done, we know that heaven shall not fall. All public funds must be accounted for and infractions duly punished.
Justice Walter S. Nkanu Onnoghen GCON Chief Justice of Nigeria
Supreme Court of Nigeria
Three Arms Zone
Abuja, Nigeria
Your Lordship,
URGENT CALL FOR THE REMOVAL THOSE WITH CORRUPT PROCLIVITY IN THE RECENTLY CONSTITUTED COMMITTEE TO TRY LOOTERS
The Centre for Anti-Corruption and Open Leadership, CACOL welcomes the decision of the National Judicial Council, NJC to constitute a committee dedicated to the trying of looters of the commonwealth of Nigerians.
Sir, our organization, was up till December 28, 2016 known as Coalition Against Corrupt Leaders. An aggregate of human rights; community based, civil society organisations and individuals with anti-corruption and openness in governance agenda across Nigeria. It is a non-political, non-religious, non-sectarian, non-profit organisation.
We find it pertinent to call on you and your honourable office to reconsider the appropriateness of some members of the recently constituted committee by NJC on trying the looters of our commonwealth based on their apparent corrupt antecedents.
We are convinced that with the task before the said committee and the sensitivity of it, the NJC ought to constitute the body with people of impeccable credentials in terms of incorruptibility and glaring integrity.
As an organization that has been following the efforts of your Lordship particularly the recent positions being put forward by you against the behemoth called corruption and we believe it is imperative to forestall whatever will frustrate your noble intentions.
Justice Ayo Salami and people like Olisa Agbakoba are good nominees because of their track records in public space for the committee but one cannot say the same about some other persons basically because they apparently have baggage of corrupt practices. There are some lawyers on the committee who have clearly demonstrated that as long as they get their ‘fat briefs’, the learned fellows would defend the corruption cases against their clients. Morally and ethically, Lawyers like Wole Olanipekun, SAN, and J B Dauda, SAN have no business being on the committee based on their antecedents of defending suspected corruption criminals.
Your Lordship, the lawyers we are talking about have been persistent in defending suspected corruption criminals and helping looters with the benefit of their knowledge of law to wriggle through the lacunae to escape justice. Their regular justification has always been “we are only doing our work”.
It is against the foregoing that we are urging you not to take the risk of allowing people who are corrupt or have allegations of corruption that can distort your good intentions on the committee. We believe that the present government’s efforts on anti-corruption have its gains that are commendable and with judiciary rising to the occasion, we can end the repeated starts we have been making at excising corruption from our country.
Lastly, your Lordship, we call for a thorough and clinical screening on all the members of the committee to establish, and made public, their true qualifications upon which they are so trusted to be on such a quintessential body. The judiciary remains the last hope of the common people; in a situation where the Judiciary can longer serve the purpose of its creation, it becomes anachronistic, useless, and self-help is becomes the only hope, which is a recipe for anarchy.
Long Live, Nigeria!
Yours in service to humanity,
Debo Adeniran
Executive Chairman, Centre for Anti-Corruption and Open Leadership, CACOL
The Centre for Anti-Corruption and Open Leadership, CACOL has charged the governors of the 36 states of the Federation to abandon their overzealous and unnecessary call on the Federal Government, FG to take charge of fixing federal roads within their various territories.
The Executive Chairman of CACOL, Mr Debo Adeniran, said “within each of the every states of the federation, majority of the roads under the purview of their governments are in serious and embarrassing conditions that can best be described as despoiled and unattended to.”
The CACOL Leader who was reacting to the recent calls made by some governors to the FG at a meeting of the National Economic Council presided over by Vice-President Yemi Osinbajo at the Presidential Villa, Abuja posited that the states have their hands full considering their share of dilapidated roads that are sprawling the country all over.
Apart from rejecting the suggestion, Adeniran added “we oppose the suggestions that the Minister of Works, Power and Housing, Mr. Raji Fashola has been peddling recently on tolling of roads; a measure which the governors added as a condition to fixing federal roads. Like the Minister, the governors are saying they will fix the roads through investors and toll them. But the country at different points in history has toyed with such ideas and has failed severally including tolling on roads and we remain where we are today.”
“Those suggestions have always come from the neo-liberal perspective of privatization under varied names and have been used by consecutive governments to abdicate the very basic reasons they were instituted for. Tolling of roads is akin to irresponsibly transferring the responsibility of government to the citizens, the tax-payers and the owners of the resources of the country.”
“Also, going by the track record of some former and present governors in terms of the tendency to exploit such arrangements being suggested in terms of corrupt practices and self-aggrandizement, we cannot help but to be adamant in our skepticism as things stand. This may be another avenue for some sleazing governors added with the existing conduits of corruption which they hideously use to corruptly enrich themselves. Charity as they say begins from home, the conditions of our state roads without any iota of doubts seem to suggest how the governors will ‘rehabilitate’ and ‘maintain’ FG roads should be put in their charge.”
“We therefore propose and demand that the state governors focus more on the parlous conditions of most of the roads under their purview, while the FG should do same with the ones in its charge unless under an extraordinary circumstance. This way, the citizenry would be able to monitor the failures of both tiers of government in terms of performance on one hand and to expose corruption which has been a major bane in the excruciating experience of Nigerians on road infrastructural development on the other.”
Mr. Debo Adeniran, the Executive Chairman of the Centre for Anti-Corruption and Open Leadership, CACOL has commended the order given by the Chief Justice of Nigeria, CJN, Justice Walter Onnoghen for the establishment of special courts for corruption cases in the country.
“The country really needs special anti-corruption courts to the speed-up judicial processes in corruption cases and other related offences. We have consistently advocated for reforms in the judicial system including the creation of Special courts for corruption cases to facilitate the enabling environment for the successful prosecution of the anti-corruption war. Several cogent reasons abound for the inevitable need for Special courts for corruption cases and some reforms in our laws.” He said
The anti-corruption crusader was reacting to the CJN’s directive on Monday to heads of courts in the country to create special courts for corruption cases at the special court session held at the Supreme Court in Abuja to mark the commencement of the new 2017/2018 legal year. Onnoghen averred that the creation of special court would speed up determination of cases.
“As a matter of fact, since the kitchen became hotter for corruption criminals based on the ongoing war against corruption, corrupt elements are fighting back using every means available including lapses in our laws to evade justice. The plethora of corruption cases that the ongoing anti-corruption drive has thrown up calls for reforms in the existing judicial system to ensure that the efforts to rid Nigeria of sharp practices bears fruits.” Mr. Adeniran said as he welcomed the order for the creation of special courts.
“As corruption fights backs viciously, the logical response is to; lawfully remove all the encumbrances on the path of the anti-corruption drive which corruption criminals cleverly use to wriggle through the labyrinths of the existing judicial system to escape justice.”
“We therefore welcome and commend the CJN and the judiciary for this bold initiative and the proactive steps being taken to achieve the establishment of Special Courts, just as we call on all the Arms of the Federal Government to work in unison to fight corruption, a scourge that have encroached our country for too long and threatening to obliterate it. The decision is akin to taking one step ahead of criminals who had always deployed different tactics to evade justice should it come to fruition.”
Wale Salami
Media Coordinator, CACOL
08141121208
wale@thehumanitycentre.org
cacolc@yahoo.com,cacol@thehumanitycentre.org
For more press releases and statements, please visit our website at
www.corruptionwatchng.com, www.cwatch.thehumanitycentre.org
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