Why corruption war is difficult to fight

By Olamilekan Lartey
Sunday, 22 May 2011

Eight days to the end of the present political dispensation, there are indications that many corrupt politicians, civil servants and bank chiefs may get away with their crimes.


EFCC Chairman, Farida Waziri

 Findings reveal that despite the efforts of the anti-graft agencies to tackle corruption and other financial crimes, institutional challenges might delay the war on graft or make it impossible to win. There are fears that allegations of corruption preferred against some outgoing governors, members of the House of Representatives, ministers and top civil servants may be swept under the carpet as the administration winds down unless drastic measures are taken.
President Goodluck Jonathan, his deputy, Namadi Sambo, as well as the newly elected governors and their returning counterparts will be sworn-in on Sunday, August 29.

At least, seven outgoing governors comprising Adebayo Alao-Akala of Oyo State, Otunba Gbenga Daniel and their Imo State counterpart, Ikedi Ohakim, are already being investigated, while a former Minister of Works, Dr. Hassan Lawal, and many top civil servants are on trial for fraud.
While the outgoing governors are being investigated for alleged misappropriation of funds, Lawal is on trial for his involvement in N44million fraud.
However, the Economic and Financial Crimes Commission has blamed the inability to properly fight corruption in the country on inadequate legislation and unnecessary delays from the judicial system.
The commission also linked the ineffectiveness of the corruption war to the attitude of the bar and bench, even as it alleged that lawyers file all manner of frivolous applications aimed at keeping their clients away from trial for months and years.
It was gathered that judges frustrate cases with long and unreasonable adjournments that give suspects and defendants the leeway to stall or prolong trials.
Indeed, the commission was compelled on Thursday to write a petition to the Attorney-General of the Federation on the conduct of Justice Charles Archibong of the Federal High Court, Lagos, over the N50bn fraud case involving the former chief executive officer of Intercontinental Bank, Dr. Erastus Akingbola and other bank chiefs.
EFCC Chairman, Mrs. Farida Waziri, had complained that Archibong’s conduct in the case was suspect.
She said, "In view of his manifest and unconcealed interests in Dr. Akingbola and obviously other EFCC matters, we regret to say that his compromised stance cannot ensure justice in these matters. On the contrary, his continued participation in these matters will bring the administration of justice to doubt."

She noted that one of the key challenges of the commission was the absence of a special court for the trial of cases of corruption and financial crimes.
Waziri added, "We have already noted the debilitating effect of the slow pace of trials. Were there to be a special court as we have always advocated, then the ratio of convictions in high profile cases and the resultant multiplier effect on the anti-corruption war would have been enhanced."

The EFCC Chairman added that there was need for a non-conviction based assets forfeiture law.
"The barometer for measuring the seriousness of any country is the enactment of this piece of vital legislation. Nigeria does not have this legislation and several attempts to introduce it have proved futile," she said.
According to her, the absence of the law has hampered the effective operations of the commission.
"If the commission can boast of a recovery of $11 billion in seven years, without this law, then definitely it will do better once the legislation is enacted. The case for the law becomes stronger in view of the unnecessary delays in trials. Once it is appreciated that corruption and economic crimes thrive because the criminal is interested in the acquisition of wealth, then part of the anti-corruption strategy must include legal structure for depriving the criminal within the process of trial of the illicit wealth," she said.
Waziri said most politically exposed persons had political immunity and the means to evade or delay trials.
"But where their assets are sequestered within the bounds of the law, it is in their interest therefore to either not loot public funds or to avoid delaying trials," she said.
Also, the Independent Corrupt Practices and other related offences Commission, through its Resident Media Consultant, Mr. Folu Olamiti, said several cases had been bogged down by the nation’s judicial system.
Olamiti, who said the constitution needed to be amended to aid special anti-corruption courts, noted that they would not be bogged down by injunctions and applications.
He said, "If that is not done, lawyers who know the right thing to do will continue to raise the question of human rights. We have to learn from countries such as Hong Kong, Indonesia and China, where the anti-corruption courts are not delayed by frivolous applications. Once they have prima facie case, the offender, be it a minister or governor goes to jail."

Olamiti said the former ICPC Chairman, Justice Emmanuel Ayoola, had been justified on his call for a special court to try corruption cases.
He said the eminent jurist had seen the loopholes that were in the regular courts that defendants in corruption cases could exploit.
"In other climes, corruption matters are handled with dispatch, but here the cases drag on for years. You spend a lot of resources and money to prosecute a case, even more than the money you are seeking to recover," he said.
However, constitutional lawyer, Prof Itse Sagay (SAN), who appraised the development, noted that corruption was so pervasive in the country that it needed special courts and legislation to tackle.
The special courts, he said, were necessary because the regular courts were too indulgent following many preliminary objections filed in the courts.
"I subscribe to the idea; we may need a law that rejects interlocutory injections or courts that will not entertain frivolous applications," Sagay said.
He said the war on corruption might yet be won, but it would require a strong man to prosecute.
"Corruption is very pervasive; you find it among the middle level people and the low level people. You have to bribe for everything, even in government ministries. To get a cheque from the Ministry of Finance, you have to bribe," he said.

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