Futility of media trial against corruption

Earlier this week, the war against corruption of the Buhari administration suffered terrible setbacks at the courts. The first of such cases was the allegation of diversion of about N2 billion by former minister of Niger Delta, Godsday Orubebe. Indeed, an Abuja high court in Apo dismissed the six-count charge of contract fraud against Orubebe by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) when the courts confirmed that the N1,965,576,153.46, which Orubebe allegedly diverted, “has not been expended, but is awaiting further contract decisions and directives from the ministry of Niger-Delta Affairs”.

It was obvious all along that the trial was a phantom one. We recall that last year the prosecution made a mess of itself when called upon to present its case. The prosecution team was not prepared for the trail and its witnesses were not ready, yet it rushed to arraign Orubebe for trial.

Then two days ago, an Abuja federal high court struck out the 18-count charge the federal government preferred against Justice Adeniyi Ademola, his wife, Olabowale and a Senior Advocate of Nigeria, Mr Joe Agi. The courts held that the federal government failed to prove any of the allegations it levelled against the embattled Judge. Consequently, the trial judge, Jude Okeke, terminated further hearing on the criminal case and discharged and acquitted all the defendants in the case. He was clear that the prosecution failed to discharge the burden of proof placed upon it by the law.

But these individuals were already tried and convicted of all allegations against them in the media.

True, the Buhari administration’s war against corruption consists mostly of a series of rash and indiscriminate arrests, media trials and supposed confessional statements obtained mostly under duress and splashed generously on the pages of newspapers but with few and largely unsuccessful arraignments, prosecutions and convictions. In most cases, the investigation and prosecution of suspect is so shoddily and shamefully done that it becomes impossible to convict any accused person.

In climes like the United Kingdom and the United States, governments invest in diligent investigation of suspects and only arraign them when there is strong evidence that could support conviction. What is more, they diligently and vigorously prosecute such cases and, in most cases, succeed in securing convictions. The key, as usual, is the dexterity, hard work, and diligence put into the investigation and prosecution of offenders and the efficient non-corrupt court system in those countries.

However, in Nigeria, shoddy investigation, lazy prosecution and a disorganised and compromised judiciary have combined to make nonsense of the justice system. No wonder then that while someone like James Ibori, the former governor of Delta State, was discharged and acquitted on an almost 160 count of corruption and mismanagement of public funds in Nigeria, he pleaded guilty to avoid trial on similar offences in the United Kingdom.

We must state that the most effective way to secure conviction of corrupt individuals is through diligent and thorough investigation and prosecution, coupled with the presence of an efficient, reliable and a firm court system that is not susceptible to manipulation. Media trials may excite the populace and damage the reputation of the accused, but they do not count and cannot secure conviction of the accused.

Instead of the present charade going on as war against corruption, we urge the government to set about reforming the justice sector, strengthening the courts to perform their jobs efficiently and fearless. The justice department and the anti-corruption agencies, on their parts, must overhaul their prosecution team and invest in knowledgeable and hardworking investigators and prosecutors who will first establish strong cases against accused officials before rushing to court to arraign the accused. This shameful charade must stop!

Editorial