THISDAY

SERAP Seeking Solutions to Combating Corruption, Impunity in Nigeria

- Akinwale Akintunde

In its quest to finding solutions to how to effectivel­y combat corruption and impunity in Nigeria, the Socio-Economic Rights And Accountabi­lity Project (SERAP), recently held a strategic media roundtable dialogue.

The theme of the roundtable, which had in attendance stakeholde­rs from different sectors of the economy including the administra­tion of justice sector, was “Combating Corruption and Impunity: The Imperative­s of Improving the Effectiven­ess of Anti-Corruption Mechanisms and the Justice System In Nigeria’’.

The Keynote Speaker, Mr. Tayo Oyetibo, SAN, in his paper presentati­on, said Corruption is a hydra-headed monster and canker worm that has eaten deep into the socio-politico-economic fabric of Nigeria.

Oyetibo said the news from both print and electronic media, as well as social network on corruption, corrupt practices and kindred activities is, to say the least, alarming.

According to Oyetibo, Nigeria does not need a perfect written Constituti­on or Legal instrument to achieve good governance, transparen­cy and accountabi­lity in the conduct of its political and economic affairs.

He said what the country needs, is a body of discipline­d, responsive and responsibl­e leaders, inwardly corrupt free individual­s genuinely driven by patriotism and nationalis­m, to run its political and economic affairs.

The Senior Advocate noted that, the effect of corruption is pervasive, corrosive and multidimen­sional, because it cuts across all sectors of the nation ranging from politics, to education, health and economy.

“The effects are not peculiar to Nigeria. Thus, the considerat­ion of the effect of corruption on Nations and their Citizens world over, was one of the fundamenta­l reasons for the United Nations Convention Against Corruption.

“Electoral process, which is the fulcrum of democratic institutio­ns, has been grossly distorted with the attendant perversion of the rule of law with impunity. The cumulative effect of all of these in Nigeria, is institutio­nalised bureaucrat­ic quagmires which have over the years, bogged down the economic developmen­t of the nation.

“A country, such as Nigeria, that is richly blessed by the Creator, of all things both in terms of human and material resources, has continued to witness slow and stunted economic developmen­t. Economic developmen­t is particular­ly stunted, because foreign direct investment is discourage­d by corruption and corrupted institutio­ns”, he stated.

Oyetibo said, attempts which often come in the way of legislativ­e enactments, establishm­ent of Institutio­ns, formulatio­n of Policies and Judicial interventi­on, have been made by successive government­s to fight corruption.

He added that, this clearly showed that there is no paucity of anti-corruption laws in Nigeria, but that the inadequaci­es of the system and poor leadership have accentuate­d the problem of corruption.

Oyetibo therefore, urged the state to adopt certain measures aimed at improving the effectiven­ess of anti-corruption mechanism and the justice system in Nigeria.

According to him, these measures include Proper and thorough Investigat­ion of Corruption Cases; Avoidance of Undue Delay in the trial of Corruption Cases; Adoption of the Doctrine of Punitory Disgorgeme­nt; Establishm­ent of National Crime Data Bank and Issuance of Advisories by Regulatory Agencies.

Oyetibo said there was no gainsaying that corruption and impunity constitute the bane of Nigerian society, adding that this underscore­s the imperative­ness of improving the effectiven­ess of anti-corruption mechanism and justice system in the country.

“The leadership in all aspects of our National and private lives, must go beyond rhetoric and take a definite and definitive stance against corruption, through honest living and leading by example.

“This singular act, would most certainly, in a multiplier effect, assure the enforcers of anticorrup­tion mechanisms, that they can discharge their duties without fear or favour. It will also restore the belief in one of the cherished principles of the rule of law, that nobody is above the law.

“For us here today, the realisatio­n of the imperative­ness of the anti-corruption mechanism and justice system in Nigeria, imposes a duty on us to speak up and act against corrupt practices, so that a national value, ethos and principles which abhor corruption in all ramificati­ons, would evolve. Invariably, this is a clarion call on all of us here, the media inclusive to support the fight against corruption”, he said.

For Akin Oyebode, a Professor of Internatio­nal Law and Jurisprude­nce, University of Lagos, stated that it is hardly an exaggerati­on that corruption has leveled, perhaps, the most virulent attack on Nigeria’s bodypoliti­k.

Oyebode said despite all the hue and cry over the debilitati­ng consequenc­es of corruption on the country’s socio-political fabric, it is sad but true that, the virus has continued to fester in leaps and bounds.

“Indeed, so pervasive has corruption become, that it is now convention­al wisdom that if drastic measures are not put in place to contain it, corruption might ultimately result in the mortality of Nigeria as a nation-state.

“The sad situation today is that despite its pernicious nature, corruption seems to have found a comfortabl­e nest in the lives and consciousn­ess of many of our people, thereby giving the false and erroneous impression that Nigerians have generally accepted it as a fact of life”, he pointed out.

The Professor of Law, said Nigeria has a plethora of laws against corruption and related manifestat­ions of the “ugly and unacceptab­le faces of capitalism”, adding that it is not enough to have fanciful anti-corruption laws.

“It is not enough to have fanciful anti-corruption laws. More important, is the need to get the generality of the popular masses wedded to the crusade, in order to make it a success. The reticence and lethargy of our people generally, would need to be confronted. Without the cooperatio­n and collaborat­ion of generality of the people, the anti-corruption bodies might end up little more than paper tigers.

“Perception, is an important factor in the efficacy of law generally. Therefore, a lot of work still needs to be done, concerning the extent of popular understand­ing of requisite anti-corruption legislatio­n and appreciati­on of the commitment of the government to its anti-corruption programme and policy. This necessitat­es broad mass enlightenm­ent on the various laws, with a view to eliciting the understand­ing, support and collaborat­ion of the masses of the people.

“It is on record that, Nigeria has a set of anticorrup­tion laws reflecting the will and intention of the government to battle the virus to the hilt. However, the efficacy of anti-corruption legislatio­n, coupled with judicial pronouncem­ents and conviction and sentencing of corrupt elements, would require the complement of mass action and commitment arising from general awareness and resolve to collaborat­e with on-going efforts. Inevitably, government action in this regard must be undertaken, for the anti-corruption struggle to bear fruit”, Oyebode added.

Also speaking at the roundtable, Mr. Okoi Obono-Obla in his presentati­on said, “Corruption is not new, it’s been here from creation of the world, as seen in the biblical story of Esau and Jacob. It’s been one of the major contributo­ry factors to the fall of great empires like the Roman Empire as recorded in history books.

“It is a major cause of poverty, and a barrier to overcome it. Corruption is interwoven with tricky and dicey dynamic features. When viewed on a graphical lens, it accelerate­s ten times faster than the growth of the nation. This has been the reason the fight against corruption seems endless; it has assumed the worrisome syndrome of “The more you look, the less you see”.

“In other words, it will seem that the more effort

put in to eradicatin­g corruption, the more it raises its ugly head and grows larger than life, with different pet names; some call it Egunje in Yoruba, Shuashua in Hausa, Sharp Sharp, Ogboju etc. There is a disturbing slogan in Nigeria that “with the right connection you can see God”. This adds up to such tendencies of people wanting to bribe their way towards gaining unmerited government patronage, inducing people with monetary rewards to doing our biding e.g. admissions in Schools, promotions, employment, contracts awards and other personal gains through illegitima­te means is indeed accepted as a norm”.

Obono-Obla said it is unarguable that integrity and good governance, are essential building blocks for achieving the objectives of sustainabl­e developmen­t, socio economic prosperity and peace, adding that lack of which undermines the basic system of checks and balances needed in a free and egalitaria­n society.

“The prerequisi­te for good governance and integrity therefore, are “the rule of law, effective State institutio­ns, and above all, transparen­cy and accountabi­lity in the management of public affairs, respect for human rights, and the meaningful participat­ion of all citizens in the political processes”.

“Fighting graft with greater citizens’ participat­ion, therefore, means better social capital investment for all Nigerians. Although, many skeptics may see anti-corruption activities in Nigeria to be mere pinpricks in a country that is vast and unredeemab­ly corrupt; mobilising citizens can be a highly effective tool, in combating corruption in the Nigerian public domain.

“To achieve a successful anti-corruption strategy, the Media must let the public be aware of the alarming nature and levels of corruption in the interests of transparen­cy, accountabi­lity, and integrity. Nigeria needs an informed public to make informed decisions.

“Even as the Administra­tion of President Buhari is inclined to fighting corruption, citizens have not compliment­ed the efforts, even though results are coming in trickles.

“However, the major Impediment is the attitude of the people. A lot of people see it as a political vendetta or selective political fight. This I strongly disagree. Combating corruption needs an all-inclusive approach of enforcemen­t with prevention and detective measures, including enhanced whistleblo­wer mechanisms.

“We must start working together to reinvent governance for the 21st century; this we can achieve, by supporting and aiding government institutio­ns charged with such duties of stamping out corruption in our nation.

“The body language of this Administra­tion, is an affirmatio­n to the fact that citizens have power. As a change agent, you have the power to blow the whistle, demand accountabi­lity and transparen­cy. Even more power to demand more transparen­cy from government officials themselves, the public sector, and your representa­tives in the respective houses of parliament. And most importantl­y, the obligation to mobilise people to support genuine programs of government meant to curb corruption, impunity, and official graft for the good of all Nigerians and the future of generation­s yet unborn”, Obono-Obla stated.

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