At the recent swearing in ceremony of Justice Walter Samuel Onnoghen as the acting Chief Justice of Nigeria, President Muhammadu Buhari sought the cooperation of the judiciary in his fight against corruption in Nigeria. This is one of the best requests the president has made in recent time.
It is indisputable that one of the factors responsible for the recession witnessed in Nigeria today is corruption. It is on record that since 1999 when the present democratic system of government began in Nigeria, the nation has realized a lot of money that would have been enough to boost the economy and create wealth for all Nigerians. Unfortunately, officials who were entrusted with the country’s resources embezzled them for personal use. Funds earmarked for projects were diverted into personal pockets, there by bleeding the country to its present state of anemia.
Discouraging revelations from probes into some shading financial dealings of some officials of past governments attest to the declaration that corruption is the bane of the economy of Nigeria. The media have been agog with stories of some past Federal government officials who have agreed to have looted the nation’s wealth with the promise of refunding part of the loots. We have read about funds belonging to the Federal government which were illegally spent on political campaign by the party that was at the helm of affairs in the country. Various revelations on how some few Nigerians who occupied government offices stole funds that belong to all Nigerians have been made both in the print and the electronic media.
Nigerians have also been told that in their country that is in recession, the sum of FIFTEEN MILLION DOLLARS has been found in some accounts that belong to the wife of their immediate past president. We have also been told that the ex- president’s wife has boldly sued the federal government for freezing the accounts even when she could not properly or convincingly account for the money. It is in Nigeria that huge sums of money in various currencies have been stock-piled in the farms, septic tanks and even in the toilets by some respected past and serving government officials. Perhaps If President Buhari has met all the funds looted from the government’s purse by some past government officials; he could have gotten enough to work with. If the stolen resources had even been ploughed into the necessary infrastructure, Nigeria would have been better for it too.
An Ishan adage states that until a game is dead, the wise hunter does not put it in his hunting bag. Therefore, if corruption is left to thrive in Nigeria, the condition of the country will become worse in future. If Nigeria must move forward, corruption must be completely eradicated or drastically reduced to the level that its effect will not be negatively felt in the country. President Buhari has done well so far in the fight against the disease, he cannot succeed alone. He deserves and needs the cooperation of all, especially the judiciary arm of government.
Indeed the success of the federal government’s fight against corruption and corrupt officials in Nigeria depends largely on the efficiency and incorruptibility of the judiciary. In the military era, where President Buhari governed this country as a military head of state, he tackled corruption boldly and directly without recourse to the judiciary. He indeed succeeded in the fight; a feat that endeared him in the minds of many lovers of transparency.
Unlike the military era which provided an enabling environment for him to excel in his war against graft, President Buhari has found himself governing in a democratic setting where the constitution gives a greater part of the battle against corruption to the judiciary. As a country where the constitution and the rule of law are obeyed, where should a person suspected of corruption be tried? Whose responsibility is it to try, exonerate or condemn an accused? It is the judiciary.
If a government official who embezzled funds meant for people oriented projects is taken to court and a judge handling the case deliberately refuse to pass judgment against him or deliberately connive with lawyers to prolong the case and to delay justice, such judicial official is turning back the hand of the clock in the president’s war against corruption. If a judge deliberately approve spurious or unnecessary adjournment or approve frivolous injunctions to favor a man who had embezzled government’s funds while in office, such judicial officer will not be seen to be helping the government in the fight against corruption.
For instance, there are some ex- State Governors who have been facing corruption charges in courts for over five years. Such politicians have even won senatorial elections and are in the Nigerian senate making laws for the country. On daily basis, the media report cases of embezzlement of public funds by some ex – ministers; sometimes there are reports of the politicians’ promise to refund part of their loots to the government. In some cases the suspected politicians even mention names of those they sent part of the looted funds to, yet our courts don’t usually have enough evidence to jail such thieves. It ‘s painful that such politicians are enjoying the grace of the judiciary because If their cases had been handled with honesty and dispensed with , they probably would have been languishing in jail, to deter others from theft. After all, some courts in Nigeria cleared Chief James Ibori of corruption charges until he got to London where a court found him guilty. Like the case of James Ibori many other corrupt politicians have been set free by courts in Nigeria.
Many Nigerians are asking why no high profile case of corruption has been concluded in Nigeria. It baffles many Nigerians too, that people who have stolen a little amount of money are being jailed while those who have looted the country’s resources are left to walk freely to enjoy their loots. Some of the looters even receive honor and recognition any where they go. It is probably the case of the bigger the amount stolen the less the punishment.
If we must succeed in the war against corruption, the judiciary in Nigeria should do away with its snail pace nature. The disturbing increase in the case of jungle justice in the country could be traced to the snail pace of the judiciary in the dispensation of justice. We have always heard that justice delayed is justice denied. If a man is convinced that he is not likely to get justice or that his expected justice will be delayed, he is most likely going to take the option of self help or jungle justice.
In December, 2012, a member of a trade union who felt cheated in a state council election took the matter to an industrial court. It is a tenure case. The member whose election was faulted and being contested has completed his three year tenure. He organized another election that has brought up another chairman who took over from him and his successor has completed one year in office already. Mean while the case has been adjourned to February, 2017. Will this encourage anybody to take cases to courts? The membership of the state council in question is less than 500; yet the case has been dragged to the fifth year. It ‘s pathetic.
At the swearing in ceremonies of past Chief Justices, they had always made the promise of reforming the judiciary; another promise they are used to, is to fight corruption in the system. Thank God the immediate past Chief Justice, Justice Mahmoud Mohammed has asked the Bar and the Bench to save the judiciary from assaults on its integrity. Thank God that the incumbent Boss of the judiciary, Justice Walter S.Onnoghen on his honor has also assured the President of the full cooperation of the third arm of government in the continuation of the war against corruption and misconduct in the judiciary. I join other Nigerians to pray for him to succeed in his assignment.
In other climes, the judiciary plays a great role in helping to curb corruption. In some other countries some ex- ministers and ex -presidents have been jailed for offences against the state. For reasons not known, such don’t happen here. Such people are untouchable in Nigeria. In fact, some public commentators have opined in the past that the judiciary will frustrate President Buhari in his fight against corruption in Nigeria. It is hoped that those commentators will not be vindicated.
