Buhari: Fighting Corruption Is Not Rocket Science by Aloy Ejimakor

Aloy Ejimakor 

In Nigeria of the Buhari era, fighting corruption and the methodologies have become the mother of all public debates. The renewed and heightened interest corruption has generated has somewhat diminished the importance of other hot-button national topics, such
as terrorism, adjusting to the fall in oil prices, and national unity.

Yet, the way the debate is going, the President may, despite his good intentions, lose the requisite focus and ultimately succeed only on the platitudes and prescriptions but not the cure. Such signs are there, judging by the Buhari’s recent appeal to lawyers to, reject corruption briefs. On the other extreme, the Sultan of Sokoto weighed-in by telling spouses to reject gift from their husbands if they suspect it to be from fruits of corruption. Both positions, as nice as they sound, suggest some national frustration and a lack of a clear handle on the task.

However, the most worrisome is the suggestion from some quarters that Nigeria needs special courts to succeed in fighting corruption. All of these declarations, sadly make fighting corruption look like some rocket science. It is my humble submission that, instead of a rocket science, fighting corruption is actually a basic science, comprised of basic laws, vision and guts.

Contrary to the President’s thesis, lawyers are strictly bound by their professional calling to accept any case that tickles their fancy. A lawyer will not reject a brief just because society considers the offense alleged as heinous. Instead, it is the enormity of the crime, especially in terms of its monetary impacts, that is often the best selling point. Amongst these are corruption cases that are considered lucrative briefs because of the high personas and sheer quantum of the legal fees involved. Add the constitutional presumption of innocence and guarantee of fair hearing, then you see the more reasons why Buhari’s admonition will not fly, despite the bully pulpit, intentions, warts and all.

Lawyers are not to be expected to reject corruption cases, even when patently egregious. Therefore, instead of the appearance of suborning a universal rejection of cases, what Buhari requires is a gathering of equally skilled lawyers to prosecute corruption cases. When you have such lawyers, they will ensure that any corruption case in court will be backed by material, relevant and admissible evidence.. I say this because all the corruption cases lost by EFCC since 1999 stemmed from a systematic lack of sufficient and damning evidence. Most were dismissed for failure to prosecute. The few that remained in the courts are stacked on the back shelves, gathering dust and constituting a national embarrassment.

You do not need special courts to try corruption cases. James Ibori was not convicted by a special court but by regular British court. You cannot get a special court without Act of the National Assembly. Further, if the ultimate intention is to water-down the standard of proof in such courts, then a constitutional amendment is must, all with its many complications, difficulties and profound political risks to the President.

Recall that it is the Constitution, rather than any subsidiary law, that conditioned criminal conviction on proof of guilt beyond reasonable doubt – a rigid requirement that goes to the basic tenets of Nigeria’s adherence to the common law and constitutionalism.

Given that special courts may be a tall order, some special ordinary rules will do, because, as opposed to laws/acts, head judges are empowered to promulgate such rules. I am not talking of rules of evidence or rules of criminal procedure, which even though adjectival, still require federal legislative action. I say this because dilatory tactics or lawyer-contrived delays contribute significantly to frustrating prosecutorial efficacy in the courts.

This is where I agree with the President that Nigeria needs tough and upright judges to help with the anti-corruption agenda.

We do not have to wait for corruption to occur before fighting it. Corruption requires derring-do, especially coming from a Buhari now bound to act within the limits of the Constitution.

What we need is a whole-scale reinvigoration of our non-judicial state institutions, such as the FIRS, ICPC, Police, Bureaux of Public Procurement, Accountants-General, Auditors-General, Attorneys-General, Corporate Affairs Commission, Land/Real Property Registries, the CBN, and others whose functions bear some nexus to nipping corruption in the bud.

The current tactics of ‘shaming’ suspected corrupt public figures, in place since 1999, does not cut it, and has contributed to making a mockery of the corruption fight. Shaming is when EFCC takes a well-publicised action to arrest or invite those against whom a petition has been preferred. This tactic transitorily panders to the public hunger for a payback, but in as many few days, the scandal is off the radar and life goes on. We never hear of it again.
The foregoing is by no means exhaustive; but those close to President Buhari should advise him to try them out.

Ref: http://dailytimes.com.ng/buhari-fighting-corruption-not-rocket-science/