EFCC’S 603 inconsequential convictions

The convictions of two former state governors –  JollyNyame of Taraba and Joshua Dariye of Plateau – represents a visible milestone in the prosecution of the anti-corruption crusade.  Hitherto, it had been what it used to be – much ado about next to nothing. It is hoped that the sentencing of two of those in the hefty haul category will signpost the beginning of a campaign in which justice will be truly blind and even-handed while the crippling effect of the social malaise will be less evident in Nigeria’s national life. Prior to the pronouncement of judgement on the two former state chief executives, the Economic and Financial Crimes Commission (EFCC) issued a statement that provided ample evidence that the manic activities of the anti-graft agency have not correspondingly reduced the enormity of the problem.  To the discerning reader, the statement was a reinforcement of the fact that it had been more of motion than movement.

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The EFCC eulogised itself for securing 603 convictions in the last three years of the MuhammaduBuhari administration. The commission said the impunity with which people had been stealing had been curtailed and claimed that it had “altered the narrative of the anti-corruption crusade through aggressive tracing and recovery of stolen assets.’’ It attached a considerable significance to the inclusion of a senior advocate of Nigeria on the list of convicts.  Itpresented the recovery of N500 billion in three years as a feat.  ‘’For the first time, judges, top military officers and retired service chiefs are being prosecuted for corrupt enrichment.’’ The statement added. While the EFCC has been giving itself a pat on the back, individuals as well as independent groups and observers have been viewing the situation from different perspectives.  Fingers of suspicion are being repeatedly pointed at institutions of government and individuals in positions of authority.

The Nigerian Bureau of Statistics (NBS) on August 16, 2017, published a report in which it stated that N400 billion was received in bribes by government officials within a period of one year – June 2015 to May 2016.  The report, prepared by the NBS in collaboration with the United Nations Office on Drugs and Crime, said 32.3 per cent of Nigerians who had contact with public officials within the period of the survey had to pay bribes.  It revealed that 85.3 per cent of bribe cases were initiated directly or indirectly by public officials while 70 per cent of bribes were paid before service was rendered.  The report inferred from the survey that bribery is an established part of administrative procedure in Nigeria.  It identified law enforcement agents such as the police and judiciary workers like judges and magistrates as the highest takers of bribe in the country.

While delivering this year’s Democracy Day lecture in Abuja on Monday, May 28, the immediate past Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega, openly accused members of the National Assembly of seeking bribe before performing their constitutional duties.  He said he had spoken with a number of chief executives who complained about the high demand for bribes by legislators in the name of “so-called oversight functions’’.  Former President Olusegun Obasanjo has had cause to call the lawmakers names over the secrecy in which their remunerations were shrouded.   That was long before SenatorShehu Sani lifted the lid on the contentious issue.

Transparency International said in its own report on Monday May 28, 2018 that the security vote had become synonymous with official corruption and abuse of power. The group views the security vote as one of the most durable forms of corruption in Nigeria today and went ahead to infer that ‘’instead of addressing its many urgent threats, the ever-increasing use of security votes is providing corrupt officials an easy-to-use and entirely hidden slush fund’’.  The watchdog noted that the fund was not subject to legislative oversight or independent audit because of its ostensibly sensitive nature.  Its conclusion was that ‘’the fund is either channelled into political activities or embezzled outright’’.

The dust raised by the onslaught of allegations launched on the Inspector-General of Police (IGP) Idris Ibrahim by Senator Isa Misau is yet to settle.  The senator accused the IGP of collecting bribes ranging from N10 billion to N15 billion from police personnel for favourable postings.  He further said the police boss had made N10 billion from oil companies, banks and private individuals who had been enjoying special police protection.  The police responded by declaring the senator a deserter who absconded from the Nigeria Police Force on September 10,2010.  The EFCC did not wade into the issue by carrying out an investigation in which the accuser would be required to provide proof while the accused would be asked to prove his innocence.  It was the Federal Government that instituted a legal action against the senator for making ‘’injurious statements’’ against the IGP.

It cannot be a moot point that corruption still constitutes a major problem in Nigeria.  The conduct of government business and the behaviour of individuals in positions of authority are characterised by opacity.  While the EFCC is celebrating the recovery of N500 billion in three years, an independent survey is showing the prevalence of bribe taking – to the tune of N400 billion in one year – among public officers.  The security vote is exactly what the Transparency International calls it – a slush fund – into which nobody can inquire and about which nobody can ask questions.  A court recently ruled that a judge cannot be prosecuted for any wrongdoing unless he or she has been indicted by the National Judicial Council.  In any setting in which transparency and accountability remain a serious issue, the campaign against corruption cannot but constitute a daunting task.

Of all the high-profile cases that have been in court for so many years, only two have been decided at the high court.  Those involved in the other cases have been using the proceeds of corruption to prolong and frustrate their trial.  In 2006, 15 state governors were indicted by an anti-corruption Joint Task Force (which included the EFCC) set up by former President Obasanjo. Instead of celebrating 603 inconsequential convictions, the EFCC should go back to the drawing board and come up with a counter-measure that will make it possible for all treasury looters in and out of office to get their comeuppance.

• Olatoye, a veteran journalist, lives in Ibadan.