External succour in anti-corruption struggle

It would appear that the news of the purported arrest, or more appropriately, invitation of the former minister of petroleum resources, Diezani Allison-Madueke, by the United Kingdom National Crime Agency over allegations of corruption and money laundering got Nigerians and the Buhari administration excited and hopeful that our foreign partners are now fully cooperating with us in the fight against corruption and in the effort to recover and repatriate looted funds. Almost immediately, the Nigerian government swung into action by raiding the former minister’s houses in Abuja and the house of one of her alleged accomplices and business allies, Jide Omokore, in search of further evidence against them. Consequently, the government issued a press statement confirming the ordeal of the former minister at the hands of the UK authorities and Nigerian government’s active collaboration in the investigation.

For some time now, Nigerian authorities have been unable to convict glaringly corrupt officials and, oftentimes, had had to rely on foreign governments to bring such corrupt officials to justice. For instance, international conglomerates Siemens AG of Germany and Halliburton of the United States were both exposed and, indeed, admitted to bribing various Nigerian officials to the tune of $436 million to secure contracts with the Nigerian government. While all the Siemens AG and Halliburton officials involved in the corrupt practices have been identified and punished by their home governments, Nigerians are yet to see the legitimate identification, not to talk of the trial, of a single Nigerian individual involved in the corporate corruption scandal, despite the fact that both the US and German governments had availed the Nigerian government of the names of the Nigerian officials that had received the bribes. No government in Nigeria, to this day, has had the courage to identify and try those corrupt government officials. They were, and probably remain, too powerful to be punished for corruption in Nigeria.

Similarly, in December 2009, after two years of legal battle with the Nigerian state over allegations of corruption, stealing of government funds, money laundering and mismanagement, James Ibori, the former governor of Delta State, was cleared of a 170-count charge at the Federal High Court in Asaba. Meanwhile, the same Ibori, in 2012, pleaded guilty to the same charges of money laundering and stealing of government funds in a United Kingdom court to avoid trial that would have resulted in a stiffer sentence had he been convicted after trial.

It is indeed a shame that Nigeria often has to rely on foreign countries to punish corrupt Nigerian officials and those who had engaged in corruption in Nigeria. This shows either of two things. One, it is either that the war against corruption in Nigeria is mere hypocrisy and some individuals are sacred cows and too powerful to be punished, or secondly, it shows the incompetence and lack of grit of the Nigerian state to effectively and diligently prosecute cases against erring officials. Here, sometimes, even when the government summons the will to prosecute erring officials, shoddy investigation, lazy prosecution and a disorganised and compromised judiciary often combine to make nonsense of the justice system and ensure corrupt officials go unpunished or, at worst, get a slap on the wrist.

It is for this reason that we urge the government of Muhammadu Buhari, which came to power on the promise of change and determination to fight corruption to a standstill, not to allow itself to be seen to be perpetuating this practice of dependence on foreign nations to try our corrupt officials. By waiting for the British government to arrest and prosecute the former minister, the government appears to be passing over to the British the duty of prosecuting corrupt Nigerian officials, which is the duty of the Nigerian government. This practice must stop and the Nigerian government must prepare itself to really fight the war against corruption that it has always advertised.

Anti-corruption wars and campaigns are not limited to media trials or even arrest of culpable officials alone. A critical component of the anti-corruption war must be the reform and strengthening of the judiciary to be able to deliver justice in a timely and fearless manner. It also involves the competent, thorough, and professional investigation and efficient prosecution of the accused. It is trite in law that he who alleges must prove. The Nigerian state must be able to discharge its burden of proof if it is to make any headway in the fight against corruption. It cannot and must not continue to delegate that important function to other states.