Showing posts with label ICPC. Show all posts
Showing posts with label ICPC. Show all posts

Wednesday, August 19, 2009

Era of Kleptocracy - An Audit Trail of Corruption

In view of the ongoing scandal in the nation’s financial sector, I tried to undertake an audit trail of how much has been reported stolen or misappropriated from the government treasury since the start of ‘kleptocratic’ governance in 1999. How the nation can still function with the level of thieving currently being experienced is beyond my imagination. And these is just at the federal government level. What about the state government? What about the local government, with little or no accountability?

But the key question still remains, how many people that are involved in the scams listed below have been successfully prosecuted? Yet, we have an EFCC, ICPC, and Police Force. How these figures compare to that of past military regimes will also be good to know. A good research topic you will say!

Nigeria! Great Nation!! Thieving Leaders!!!

CBN Banks/CEOs scandal – N747 billion

NNPC – N555 billion

COJA Games – N38 billion

Ministry of Aviation (Femi Fani-Kayode, et al) – N19.5 billion

Former IGP Tafa Balogun – N13 billion

NTA U-17 World Cup – N8.2 billion

Rural Electricity Agency bribery scam (Hon. Elumelu et al) -N5.2 billion

Ex Comptroller-General of Customs Ahmed Bello – N3 billion

Kellogg Brown and Root/Halliburton Bribery Scandal - $180 million

National Identity Card Project (Late Sunday Afolabi et al) - $214 million

Hon. Elumelu Power Probe – $16 billion

AG Siemens bribery scandal (Gen. Olanrewaju, Haruna Elewi et al) - $14 million

Wilbros bribery scandal - $6 million

Universal Basic Education Commission contract scam – N850 million

Hon. Patricia Etteh House Renovation Scam – N628 million

Ministry of Defence (Perm Sec et al) – N421 million

Minister of Health, Adenike Grange, and others – N300 million

Minister of Education, Fabian Osuji and others – N55 million


*This list does not include funds stolen or misappropriated by corrupt former governors.

Wednesday, July 8, 2009

Mrs Farida Waziri - Excuses! Excuses!! Excuses!!!

Let us ask why the cases are still pending. I say often that the process of judiciary is slow. If a corrupt person pays you half of what he has stolen, what should you do? They take it and look for a way to keep on prolonging the case. ” (EFCC Chairman, Mrs Farida Waziri)

Anytime I read the comments of the EFCC Chairman, Mrs Farida Waziri my head pounds! Perhaps Madam Waziri should keep shut up if she has nothing encouraging to say about anti-corruption. As Nigerians, we are sick and tired of an anti-corruption czar who looks for every excuse not to perform her role diligently. She needs not to just her actions because we now know that, her mandate is not to rock the “corruption boat”.

Mrs Waziri’s excuse for failure is now because corrupt official bribe lawyers to help frustrate their prosecution. So the legal profession is to blame for the government ineptitude and apathy towards anti-corruption – come on! I find Mrs Waziri’s comments very insulting to the law profession. Don’t get me wrong, I’m not saying there are no bad eggs within the law profession, but for the head of anti-corruption agency to make such a generalised derogatory remark is not acceptable. In fact I’m waiting for the Nigerian Bar Association to pick her up on this statement.

Mrs Waziri need not to be reminded that she is also a lawyer, or maybe she has forgotten. However, she needs to be reminded that, she is guilty of the same offence, for which she is accusing lawyers. Is it not on record that prior to being EFCC Chairman, her law firm stood as surety for accused former governors? Do we not know that Mrs Waziri was retained by some former governors to help fight their corruption cases? If that is the case, perhaps Mrs Waziri needs to tell us, how much was she paid by these corrupt ex-governors for giving them “consultancy” advice? Also, based on her recent comments, we can assume that she cooperated with the court really well in making sure their cases were treated expediently. Which meant she did not help frustrate her client’s cases? I guess she was appointed EFCC Chairman because of how she diligently handled her briefs (!)

Mrs Waziri should recognise that the EFCC operates in a democratic society, where “rule of law” is paramount. Is Mrs Waziri suggesting that anyone charged with corruption should not be defended in court? Or we should start operating military-style tribunals in a democratic society? Even, Section 35(5) and (6) of the 1999 states that “every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty” and also “every person who is charged with a criminal offence shall be entitled to defend himself in person or by legal practitioners of his own”. She needs to recognise that lawyers are out to do a job, which they have to be paid for.

So what am I saying? If this government and EFCC are really serious about fighting corruption, they should stop looking for excuses. Instead the judicial system should be purged of greedy, incompetent and lazy judges. If the judiciary is properly constituted with people of integrity, then tell me the lawyer that will succeed in frustrating the courts. We all know that there are problems with our judicial system. These problems do not only affect corruption-related cases. The Nigerian judiciary is one of the most pathetic in the world in terms of adjudication. Cases brought before a judge can take years before it is heard talk less of being decided. It is the loopholes that exist within our judicial system that are being exploited by lawyers. But really which lawyer wouldn’t exploit a legal system that is riddled with loop-holes?

For me, the call for a special court or tribunal for corruption cases by Mrs Waziri is nonsense! What will be achieved by these special courts and can’t be achieved by the existing courts if they are strengthened? As an example, has the creation of election tribunals helped in anyway facilitate swift legal proceedings? At the end of the day, it is this same corrupt and apathetic government that will appoint people into these special courts. So tell me what will be different?

So Mrs Waziri, you can keep making noise from now until kingdom come. But the bottom line remains that you and your paymasters are only paying lip service to the anti-corruption struggle and nothing more!

Thursday, June 25, 2009

Presidential Race: My 5-Point Agenda

Friends and Comrades,

After serious consideration and extensive consultation with my political supporters, I have decided to throw my hat into the ring for 2011 Presidential elections. You will agree with me that the race for Aso Rock has begun to gather momentum, and therefore, it is only right that I launch my Presidential bid.

We are a nation at a crossroad. Our leaders have continued to fail us. Our nation’s infrastructure is in state of comatose. As a result of this continuous decay, every previous government have been made to look better by the ineptitude of its successor. My aim is to salvage our great nation from the shackles that has held us down since independence.

Moving forward, I hereby outline my 5-point Agenda, which focuses on Energy, Infrastructure, Niger Delta, Economy and Anti-corruption.

Energy
All attention will be focussed on resuscitating the nation’s ailing power sector. Fellow Nigerians, I can promise you that epileptic power supply will be a thing of the past.

Since we are now so much dependent on generators, I intend to meet with Chinese manufacturers within my first 100 days in office. I will encourage production of “disposable generators”. My aim is to make power supply affordable to every Nigerian. Nigerians should be able to own 3-4 generators has they do with mobile phones. These generators will be cheap and affordable for all households. In recognition of the impact of climate change, these generators will be made of recyclable materials.

I will also make sure that the manufacturing industries are established in Nigeria to facilitate knowledge transfer and skills development. This will be through government grants and tax breaks for interested companies.

Infrastructure
The government has demonstrated its ineptitude in building and maintaining the nation’s infrastructure. I will therefore actively seek private sector participation in nation building. All federal-owned highways and railways will be sold to the private sector, who will be allowed to charge as much toll as they wish in order to keep the transport system functioning. The private-sector will be allowed to plan and develop new roads and railways, in return for their investment. Government-owned Corporation and Authorities such as Nigerian Railway Corporation, Inland Waterways Authority will be sold off to the private sector.

The nation’s refineries will be sold to Messrs Femi Otedola and Aliko Dangote. NITEL will be sold to Otunba Mike Adenuga. All the nation’s airports will be sold to Bi-Courtney.

Niger Delta
Desperate situation they say “requires desperate measures”. The militancy in the Delta region must stop! However, it clear that military action is not the answer. In dealing with the Niger Delta crisis, I will initiate a Resource Re-distribution Plan. The RRP will include proposals to allocate oil blocks to Niger Delta militants. Foreign oil companies engaged in business in the area will also be forced to enter into agreement with local militants for provision of security.

Economy
I will continue to strengthen our nation’s economy through creation of more Oligarchs. Government-owned Corporation and infrastructure will be sold to businessmen who have distinguished themselves in the area of business entrepreneurship. The wealth of the nation will be concentrated in the hands of these few individuals, some of whom are currently biggest importers of rice, cement, diesel etc. This will guarantee long term economic security. These Oligarchs will also be consulted in major banking and finance reforms. They will responsible for nominating the Governor of Central Bank.

Anti-corruption
I’m ardent believer in the anti-corruption struggle. I will continue to respect the principle of “rule of law” as promoted by the Yar’Adua government. It is also believe the former Governors have a critical role to play in fighting corruption. The Yoruba adage says "only a thief can unravel the mystery of theft"

In tackling corruption I propose the following. Firstly I will absolve the Office of the President from the appointment of Chairman of EFCC and ICPC. Secondly, within 100 days in office, I will forward a Bill to the Parliament seeking to recognise the Governors’ Forum in the Nation’s constitution. Following that, the Governor’s Forum will be tasked with responsibility of selection and appointment of the Chairman of EFCC and ICPC.

In addition, I propose to amend the EFCC and ICPC Acts, so that only former State Governors are allowed to head the nation’s anti-corruption agencies.

Comrades, I believe this represents a blue-print for moving our nation forward.

Nigeria! Great Nation!! Good People!!!

Concerned Nigerian (June 2009)

Monday, May 25, 2009

Nuhu Ribadu and the US Congress

On 19 May 2009, the Ex-Chairman of the Economic and Financial Crimes Commission, Nuhu Ribadu, gave a testimony before the US House Financial Services Committee. Mr Ribadu’s testimony was titled ‘Capital Loss and Corruption: The Example of Nigeria’. It is intriguing that this story was not reported by any of the major media house in Nigeria. Transcripts of the Mr Ribadu’s testimony were only circulated by Nigerian-owned internet media organisations, most of which are foreign based. Is this a ‘conspiracy’? Or perhaps, it is not that important to report. For me, I think Mr Ribadu’s appearance at the US congress is worth every page in the newspaper.

One of Nuhu Ribadu’s requests was a review of the Foreign Corrupt Practices Act (FCPA) to include power to prosecute both givers and takers of bribes. In his words, he noted that “until those receiving the bribes are punished for their actions, the marketplace for high stakes elite bribery will continue to thrive”. While I agree with Mr Ribadu that both givers and recipients of bribes should be seen as equal in the eyes of the law, I would be surprised if the US government will succumb to his proposal for the FCPA Act review.

The anti bribery provisions of the US FCPA Act prohibits corrupt payments to foreign officials for the purpose of obtaining or keeping business. Persons subject to the FCPA Act includes any individual who is a citizen, national, or resident of the United States and any corporation and other business entity organized under the laws of the United States or having its principal place of business in the United States. Criminal penalties of fine of up to $2million may be imposed on violator of the FCPA anti bribery provision and imprisonment for up to five years.
If Mr Ribadu’s proposal is accepted, it means in the case of Halliburton as an example, the US government will be able to charge the Nigerian officials who were named to have received bribes from Halliburton officials. And for this to happen, the Nigerian government will be required to sign a Treaty Agreement with the US government, which would allow extradition of named suspects to the US for trial.

Nuhu Ribadu should remember that Nigeria is a sovereign nation. The US, as much as it can try, cannot dictate to the Nigerian government how it deals with its domestic issues (which include corruption). In fact, to ask the US congress for changes in the US law to help fight corruption in Nigerian is somewhat patronizing. We need to remember that we are the architect of our own problems. No country will enact laws in the interest of other nations. The primary duty of the US legislature is to enact laws that will protect the interest of the US and its citizens. As a nation, we are fond of looking for help where it does not exist. We blame everyone but ourselves for our woes. The fact is every developed nation (including the US) has had the problem of corruption one time or the other. But the good news is that they have been succeeded in flushing it out of their system. And I’m sure they did not ask for other nations to enact legislations on their behalf.
Unfortunately one of our biggest problems as a nation is that we fail to accept responsibility for our actions. I was reading the other in the newspaper, that the Minister for Foreign Affairs called a meeting of the diplomatic corps in Abuja, and he accused them of partly responsible for the Niger Delta crisis. As far as the Minister was concerned, the foreign nations are responsible because they buy crude oil from the militants in exchange for ammunitions. But the question I will ask the Minister is, how did we find ourselves in the Niger Delta crisis in the first place? Was it the western nations that brain-washed the Militants into blowing up oil installations? What has been the government track record in dealing with the Niger Delta crisis in the last 10 years?

The problem of corruption is endemic in the Nigerian society. We need to find ways of discouraging people from asking for bribes. There are enough laws in Nigeria to prosecute corrupt individuals. The political will is what is lacking. Corruption has become an institution in Nigeria. And it is this same institution that has produced the incumbent President. What do we expect from a President that rode into office on a political engine that was fuelled with stolen money?

Even if the US government accepts Mr Ribadu’s proposal, how does he think it will work in Nigeria considering the government continuous subversion of the anti-corruption crusade. How can a government that has been unable to institute corruption charges against any official be able to extradite anyone to the US or any other foreign country to face charges? We know how the current Attorney-General used the Mutual Legal Assistance Treaty (MLAT) to frustrate the trial of a former Governor in the United Kingdom. Mr Ribadu should then tell me, how the Foreign Corrupt Practice Act Treaty will be treated any differently by the Nigerian government?

I appreciate Nuhu Ribadu passion and zeal in fighting corruption, but I do believe the focus should be within Nigeria. No foreign government will help us solve our problem. Perhaps, the likes of Nuhu Ribadu should be using his position and influence to lobby foreign nations and aid agencies such as World Bank, IMF, DFID etc not to offer any nation; any form of foreign aid (not just Nigeria) unless it demonstrates strong commitment to anti-corruption. And the commitment should not just be setting up of ‘mickey mouse’ law enforcement agencies such as EFCC or ICPC. No government really needs an EFCC or ICPC to prosecute corrupt individuals, if it is really sincere. The Police Force is enough to do the job!

Overall, Mr Ribadu’s performance at the US Congress hearing can best be described as ‘below average’. Considering his exposure and role in the anti-corruption crusade in last six years, I did expect more from Nuhu Ribadu. Instead of answering questions directed to him and keeping to the point, Nuhu Ribadu allowed himself to be drowned in emotions. To me, Nuhu Ribadu came across as someone who was unprepared for such an important hearing. He was unable to properly articulate his viewpoints to the US politicians. The reality is most of this US politicians don’t even know anything about Nigeria, except for what they read or hear in the media. Their assessment of issues will only be based on facts and not speculations. And unfortunately, Mr Ribadu was unable to back some of his claims with facts required.