Bill Proposing Punishment for the Siblings of the Corrupt Must Be Dropped

The Nigerian Senate is considering a Bill seeking to prescribe punishment for family members confirmed to have benefitted from the proceeds of corruption, especially by a civil or public servant. The Proceeds of Crimes (Recovery and Management) Bill 2021, sponsored by the member representing Taraba Central Senatorial District, Senator Yusuf Yusuf seeks to establish a Commission to handle forfeited assets acquired through criminal and illegal activities. The Bill proposes punishment for corrupt people, their spouses, children, siblings and parents who have benefitted from the proceeds of corruption. It is noteworthy that during the senate public hearing on the Bill, the Money Laundering (Prevention and Prohibition) Bill 2021 and the Public Complaints Commission (Repeal and Re-Enactment) Bill 2022 the Economic and Financial Crimes Commission objected to the creation of a new agency to manage forfeited assets since the EFCC was well positioned to handle it. We stand by EFCC that another agency is superfluous and unnecessary. Moreover, it is worthwhile to listen to the Central Bank Governor, Mr Godwin Emefiele who urged the National Assembly that an amendment to the Money Laundering Act of 2011 would best serve the interest of Nigeria. Though corruption has eaten deep into the lives of Nigerians, it could be stopped and should be eradicated. The extant laws should be strengthened by borrowing leaves from other Common Law countries. The issues bedeviling our judicial system include impunity, insincerity in the anti-corruption fight and incompetence on the part of our staffers of the judiciary, the ministry of justice and the investigating agencies such as the police and the Economic and Financial Crimes Commission (EFCC). Which is why agents of the executive often bungle corruption cases, starting with poor investigations that culminates in insufficient evidence to convict the accused in court. For example, the former governor of Delta States James Ibori was charged to court on 170 counts for money laundering by the EFCC. In 2009, Ibori was discharged and acquitted by a judge who did not even take the plea of the accused. In 2010, Ibori was arrested in Dubai, United Arab Emirates, after escaping extradition in Nigeria, he was flown to the United Kingdom where he was charged to court on 10 counts of fraud. He was convicted and jailed for 13 years. The difference in judicial incompetence was that while the EFCC charged Ibori with 170 frivolous charges, which the fickle Nigerian judiciary didn’t even understand before squashing. The United Kingdom court got incontrovertible evidence, filed tight charges, and the diligent judiciary dispensed veritable justice. Linked to our woes of insincerity is the knack of our executive’s for disobeying court orders. In spite of orders of the court, the former National Security Adviser, Sambo Dasuki was detained for four years, only for the prosecution to keep the case in limbo owing to lack of diligent prosecution. The case of the former Petroleum Minister, Diezani Madueke is another example. In spite of huge sums of money and properties recovered from her and other beneficiaries since 2015, the Federal Government has failed to diligently pursue her extradition to face criminal charges in Nigeria. That goes to show the penchant for insincerity by Nigeria’s government officials. Another instance of corruption connivance was the case of the former Gombe State governor, Danjuma Goje, a sitting senator, he was accused of embezzling N25 billion. After meeting President Buhari in 2019, the case against him was dropped when the Attorney General of the Federation filed a nolle prosequi and the case was struck out. This was after the EFCC had spent over N150 million pursuing the matter over eight years. The judiciary too cannot escape blame. The courts have not implemented fully, the Administration of Criminal Justice Act to ease access to justice in the land. Some judges continually throw out corruption cases based on technicalities, sacrificing fairness, equity and justice. Some of our judges are surprisingly lenient. For example, a Federal High Court judge sitting in Jos, Plateau State after trial lasting four years, jailed a former Minister of Water Resources Sarah Ochekpe and two others to two years imprisonment for money laundering involving N450 million. The judge gave them the option of fines. Such judicial discretion cannot deter treasury looters. Many corrupt politicians have escaped justice leveraging on compliant judiciary. The judiciary sometimes creates ‘sacred cows.’ Three judges of coordinate jurisdiction gave conflicting ex parte orders in matters with the same parties. An investigation committee indicted them. In December last year, the Chief Justice of Nigeria only warned and barred them from promotion for two years. That is yet another connivance with corruption. In 2013, A judge of the Federal High Court Abuja, Abubakar Talba, jailed the assistant director of the Police Pensions Board, Yakubu Yusuf for only two years for stealing N24 billion. Yusuf immediately paid the bail option and left a free man. After a public outcry, the ruling was later overturned at the Appeal Court which sentenced him to imprisonment for six years and N22.9 billion fine. Talba was only suspended for one year by the National Judicial Council. Corruption is growing in Nigeria, extending poverty, weakening institutions and stunting development. To stamp it out, all hands must be on deck to ensure the guilty does not continue exploiting the timidity and weakness of the common man. Thus, strengthening existing laws with every Nigerian becoming vigilant is the solution. In a recent television interview over the delay in the trial of the former Secretary to the Government of the Federation, Bachir Lawal, the AGF, Abubakar Malami blamed the judiciary that the conclusion and determination of cases “is exclusively a judiciary affair.” However, in his rebuttal, the Chief Justice of Nigeria said the AGF was not correct, citing instances where the executive would file more charges than it could prove. The CJN squarely put the blame at the feet of the executive. We agree with the CJN. The executive should stop condoning corruption, insincerity and impunity.