Corruption: Strengthen existing institutions

Corruption, no doubt, has cost Nigeria a lot. The country has not only lost its respect on the international scene, meaningful development has continued to elude her as resources that should be used for the purposed are stolen by few individuals.

Over the years, campaign against corruption has been feeble as political operators – who unfortunately are the worst offenders – paid only lip service to it. Although there have been institutions to check grafts and prosecute anybody believed to have corruptly enriched him/herself through illegal means, such establishments have remained incapable of checking the ugly trend. The Independent Corrupt Practices Commission, (ICPC) and Economic and Financial Crimes Commission, (EFCC) have largely carried on as toothless bulldogs.

A lot of excuses have been given for the inability of the agencies saddled with the responsibility of prosecuting corrupt persons. Lack of political will on the part of past administrations has also contributed in no small way to encouraging corruption in the country.

We are enamoured by the determination of the current administration of President Muhammadu Buhari to exterminate corruption in the country. He appears to believe that the judiciary, an institution that has contributed in promoting graft by protecting those alleged to have corruptly enriched themselves, could be reformed to wrestle down the monster. The President is planning special courts to try suspects of financial and sundry offences. By its general connotation, a special court suggests a body within the judicial arm of government whose main function is to address only one area of law or who enjoys specifically defined powers. On the other hand, general-jurisdiction courts exist to try all manner of cases.

It could then be deduced that within special courts, cases stands greater chance of being disposed of quickly. Moreover, trials within special courts would be more rapidly processed than within a court of general jurisdiction. Again, by its ad hoc nature, special courts may not follow the same procedural rules as general-jurisdiction courts. This is where opposition to the creation is likely to make issues.

However, some commentators say there is no need for special courts but that the existing agencies should be strengthened to fight corruption. We strongly believe that establishment of special courts on its own may not be the answer; what should be the magic wand is leadership by example and making it clear to all and sundry that corrupt persons will no longer go unpunished, and that there would no longer be sacred cows.

We align our thought with the likes of Olisa Agbakoba, a senior advocate of Nigeria (SAN), who believe that instead of special courts, all that the Buhari administration needed to do was to strengthen all anti-corruption agencies and ensure that they work. Agbakoba called for establishment of “counter-corruption programme” to fight the monster. According to him, such a programme would sensitise all citizens that it is no more business as usual as government has determined that corruption must attract heavy penalty. “Let the message be made clear that there will be response from government if the civil service is corrupt”, he said. “We need strong anti-corruption institution. The ones we have now have not worked. They have caught nobody. EFCC for instance has no independence. It is ineffective. Let the message be clear that there will be response from government and that corruption will be severely punished.”

“We must identify those institutions that deepen democracy. The National Assembly should identify such institutions and directly manage them by determining who should head them and determine their budgets. This way, the president will not have direct control over them; that is what happens in South Africa. It will take an angel to make a good president in Nigeria. The culture of impunity from the Babangida era needs to be reversed. The Nigerian president is very powerful and if things must be done right, there must be checks and balances,” he said.

We understand that the thinking at the Presidency and the expectation of those in favour of the proposed special courts is that such an arrangement would take care of the vexatious frivolous adjournments that have continued to rob the cases of their real essence. But it is still the same judges who have all along colluded with corrupt persons that would be appointed to man the special courts. The recent allegation against Ibrahim Larmode, EFCC chairman, on how he milked the country of N2.051trillion from seized properties and funds of individuals under investigation should be a pointer to what could possibly happen with the special courts.   

While we sincerely commend Mr. President on his dogged war against graft, we advise that a second look must be taken on the proposal to ensure that we do not open another avenue for a new set of thieves to begin to rip Nigeria off.