The Judiciary’s Complicity in the Rape And Looting of Nigeria

"Money and Corruption Are ruining the land, Crooked politicians Betray the working man, Pocketing the profits And treating us like sheep, And we're tired of hearing promises, That we know they'll never keep."  –Ray Davies.

Once upon a time in America, a man named Willie Sutton was asked why he robbed banks.

He replied: "Cos that’s where the money is".

It was an uncomplicated philosophy which served him well until he was caught and marched off to prison.

Today, Mr Sutton would not have risked incarceration. Now, were Mr Sutton to be a Nigerian, he would have had the choice of being a politician, a civil servant or a contractor. And of course, he has the added and important advantage of being protected from the law by the very people who are supposed to uphold the law and dish out punishment for infraction – the Judiciary and related vagabonds. (Sorry, I am being generalist here)

Better still, he could have been a Nigerian policeman, although he would have been severely limited as to making loads of money, but at least he could be in official authorised uniform and waylay people on the highway and collect money from them without facing any charges of armed robbery.

In Nigeria, large amount of the money (our supposed common wealth), or “the loot”, as we have now come to know it, is kept with the Government - Federal, State or Local. "That is where the loot (money) is", paraphrasing Mr Sutton, and that is why everybody wants to be in Government, either as a politician, civil servant or political appointee.

So that brings me to the case of disappearing billions, where a minor civil servant – yes, a minor civil servant John Yakubu Yusuf, former (I should think he’s now “former”) Director of the Police Pension Board; or who has ever heard of this pen robber, in cahoots with a few others, managed to steal a whopping and dizzying sum of N32 billion Naira? (Some reports say 23.3 billion; we are not even sure of how much he admitted stealing)  Where on earth have you ever heard a country, a sane country, had one of its officials steal so much money from the public purse?

How was he and his accomplices ever allowed to steal so much? Why did they have to steal so much? The money or loot must really be flowing freely on the streets, nay, in those little government offices in Abuja.

Now comes the topping? Steal so much money, sentenced to 2 years with the option of only N750, 000.00 fine, which he promptly paid. The guy was laughing all the way to the bank (that is, he and his accomplices and those behind the fraud)

A solicitor friend of mine later pointed to me that the Penal Code that operates in the 19 Northern states, the Federal Capital Territory, Abuja being in that area of jurisdiction, means the presiding judge could not have passed a stricter sentence according to Section 309: Punishment for criminal misappropriation: Whoever commits criminal misappropriation shall be punished with imprisonment for a term which may extend to two years or with fine or with both. What do we have here? In the Southern states, the Criminal Code operates, so if Mr Bloody Thief Yusuf had been tried in say, Enugu or Ibadan, his sentence would have been a stiffer one, assuming we have an upright judge, a conscientious and diligent prosecution, i.e. the EFCC, and no political interference.

I am in the wrong racket. And so are many of my compatriots. I have often wondered whether or not my fortunes in life would have improved if I had joined the Federal Civil Service in 1979, when the Federal Civil Service Commission used to visit the universities to recruit graduating students. I probably would not now be struggling, 34 years later, to build my own house and having only a few thousand nairas in my bank account. It’s a dog’s life.

Just kidding! I have no regrets for not being a thief, a corrupt politician, a thieving civil servant or a crooked bank executive/fuel subsidy contractor. I am happy with my conscience, my integrity and reputation. And I know so are many of my people.

"Power does not corrupt men. Fools, however, if they get into a position of power, corrupt power." – George Bernard Shaw.

In my friend, Chinedu Akuta’s blog “Nigerian Judiciary is Big Joke”, there is a catalogue of travesty and complicity of Nigeria’s judiciary in dealing with high profile corruption cases in Nigeria – “the current case of  John Yakubu Yusuf; Olabode George committed a fraud of over N85 billion naira and was only given 2:5 years imprisonment.  Mrs. Cecilia Ibru (former MD/CEO of Ocenic Bank) was jailed 6 months for stealing N54 billion naira. Former Inspector General of Police, Tafa Balogun was convicted of N20 billion naira fraud, and was sentenced to only 6 months in prison. Both Tafa Balogun and Cecilia Ibru had their  sentences spent in their homes or chosen hospitals. Another Ex Inspector General of Police, Sunday Ehindero was caught trying to smuggle out N200 million naira out of Abuja. Sunday Ehindero was not even sent to court, so the case died like that. So many Ex Governors, between (1999-2011), have been granted bails on their alleged corrupt cases, some, like Peter Odili, (Dr. Perpetual Injunction), former Governor of Rivers State, even have court injunction stopping their trial on corruption cases. James Ibori (Former Governor of Delta State) was discharged and acquitted in a Nigerian court, but was sent to jail in UK, for the same offences he was acquitted from in Nigeria. The list is endless”.

Corruption is all over the world, the difference is how various countries approach, manage and deal with it. In China, the penalty is capital punishment. In the US, Bernard Madoff, who committed a fraud of $65 Billion Dollars (£38bn Pounds Sterling) was sentenced to 150 years in jail. Nigerian judiciary is no longer the last hope of a common man, but rather, the destroyer of the Nigerian hope.  “The greatest incitement to crime is the hope of escaping punishment” said Marcus Cicero”.

It is sad and unfortunate that the Nigerian Judiciary, which a few decades ago, was one of the most respected, erudite and upright in the world is aiding and abetting crimes, by handing little or no sentences/jail terms. “Make no mistake, the destruction of Nigeria (by whatever means) will affect all and sundry. Take a look at the insecurity situation (which is a failure of the government and partly the people); no one is safe/saved any more. Emirs, chiefs, ministers, commissioners, judges, lawyers, ex this, ex that, etc can be attacked or kidnapped. High crime rates are partly the fault of our judiciary also. Therefore, this should serve a wakeup call, because a lot of damages have already been done” (CV Akuta)

By now, after fourteen years of so-called democracy, there should be no doubt in the minds of Nigerians that this institution, the Judiciary, the main pillar of democracy and freedom, and surely one of the most important and fundamental to democracy’s success and good governance, is one of the most corrupt, with glaring instances where court judgments have been bought for money, or influenced by people in high places who would rather not have justice prevail.

From the standpoint of the vulnerability to corruption and of its social impact, the judiciary remains one of the most sensitive and visible areas in this respect. There is no doubt that in our present predicament as a nation, there is a need to develop and implement a set of adequate corruption-combating policies in the justice system, has become increasingly imperative and starts from justice-seekers, to whom a fair judicial system is a fundamental right, and to judges and other categories in the system that are more and more exposed to public criticism, and I might say, exposure.

Justice is the backbone of any democratic society. The rule of law and the acceptance of its values and principles entail the confidence in justice. For citizens’ confidence in the system to exist, judicial professionals must be able to offer credibility. They must have irreprehensible behaviour and prototypical professional conduct. From the above, we can see that the Nigerian judiciary has failed us. Of course, over our 53 years of independent existence, there have always been bright rays of hope and I can compile a list as long as my two arms of exemplary, upright, erudite, conscientious, illustrious, honest, acclaimed dignified Nigerian judges, jurists and men/women of the wig who have never, and will never compromise their names and reputation for any amount on lucre or pressure from those in power, to satisfy selfish ends that are inimical to the development and progress or public interest of this country.

In a sane country or society, there should be no corruption in the justice system as long as the system is a part of the legal and institutional mechanism that is supposed to combat it. On the other hand, the lack of court convictions of corrupt politicians, dishonest and thieving civil servants, greedy and light-fingered bank executives, conniving and corrupt police and other corrupt government officials in recent years is a clear indication that we do not yet have any or enough methods of preventing and fighting corruption in the system.

But then, the judicial system is an integral part and spawn of the larger society, and I will always reiterate that a bad society will consistently bring out, or spew out bad leaders, bad institutions, bad systems, bad governance; and hence the judiciary is not exempt from this fact.

Having said this though, in any society, good or bad, the justice system remains the last bastion of freedom and hope for the common man. Where this is absent or abdicated, the common man is doomed - doomed to oppression, corruption, poverty, bad governance and generally a decrepit standard of living, such as we have in Nigeria now.

The prevention and combating of corruption in the judicial system is a priority objective in system reform, in the broader setting of the fight against the phenomenon of corruption. Judicial corruption may harm the most important social values, considering the fact that the legal system is designed exactly to ensure the supremacy of the law which entails, among other things, the prosecution and bringing to justice of corruption offences. 

Legitimacy is vital to the running of justice. This particular characteristic comes from the public’s understanding of the way in which the justice system is organised, from the trust people have in the competence of judges and other system workers, as well as from the knowledge of the rules upon which the system works and from the acceptance of the authority of court judgements. Apart from the legal safeguards of professionalism, workers in the justice system are also required to have a specific moral aptitude and a certain conduct. 

The bottom line is Nigeria’s judiciary is no longer the last optimism of the common man, but a platform of injustice, inequality, discrimination, nastiness and place for the highest bidder, and sadly, our hitherto respected judiciary has ceased to be the last hope of the common man; rather it has become the first protection of villains, charlatans and vagabonds in power and authority, who, with a certain disdain, flout the law, knowing they can always get the protection from a corrupt judicial system.

Something must be done to reverse this.

What Nigerian Political Leaders Could Learn from The World’s “Poorest” President

I have been reading the story of President Jose Mujica — the leader of Uruguay (please note the word “LEADER”) and I find it to be a singular example of humility, sacrifice and an uncommon disdain for all worldly material and other acquisition. In my opinion, this is a leader who may be worthy of emulation by our so-called leaders in Nigeria, and indeed, in Africa.

However, please let us recognise that being "poor" has not necessarily made Mr Mujica a successful or good leader (Uruguay is hardly the best country economically or politically in the world); but it is a testimony that a man truly leads his country and his people, not for his personal or family aggrandisement and benefit, but for service to his people, acquiring nothing personally, but giving back to the people, his people, that he sincerely loves and care for.

It is intriguing to consider how this powerful president draws on his humble roots, his experience as a former leftist guerrilla, and his reputation as a man of the people, to govern.

"His charitable donations - which benefit poor people and small entrepreneurs - mean his salary is roughly in line with the average Uruguayan income of  [$770] a month."

In 2010, his annual personal wealth declaration - mandatory for officials in Uruguay - was [$2,860], the value of his 1987 Volkswagen Beetle.

This year, he added half of his wife's assets - land, tractors and a house - reaching [$215,000]."

This characteristic alone is singularly worthy of emulation by other leaders, especially in Third World countries, including our very own Nigeria. It also follows God's or Nature's aphorism that no matter what wealth or power we acquire in this world (and six feet under the earth is the end of it all, and we don't even know when or how death will come), we are most happy and successful in this world only when it is used for the benefit of others less privileged, and to whom their well-being is entrusted.

It is heart-warming to humanity that President Mujica is not greedy, selfish, corrupt or self-serving. Unlike our leaders in Nigeria and indeed Africa, who believe naïvely that they have not lived in this world until all the wealth, power, possession and properties of this world is appropriated to them and is concentrated in their hands and their families only. They see success in the number of houses, cars and swollen bank accounts acquired as a result of their greed and corruption, never having a thought for the consequences of their actions (and inactions) on the lives of their own people whose welfare and betterment have been entrusted in their care, whether by force, constitutionally or by the simple laws of Man.

Our political leaders are quick and never think twice to betray the trust of the people who either voted or appointed them – this is for civil servants -  into power (and in the case of the Military, people they are sworn to protect)

There is really nothing wrong with democracy, politics, religion, ethnicity, quest for power or wealth; the problem is the way Nigerian leaders manage to turn these values upside down, in cahoots and collaboration with their followers (and you might say, sometimes, foreign collaborators).

Do you have to be poor or be frugal to be a good leader? The answer is obviously No! Being poor is not a prerequisite to being a successful, good, kind, fair, competent, compassionate and incorruptible leader. In the history of the world, poor people hardly have the chance to get to be leaders; however, a rich man who becomes a leader may become poor as a result of giving up all his possession to make the lives of those he leads better. That is the nugget.

It is even likely, as often happens in Nigeria that a poor man, or let’s say a man who arose from a poor background, eventually has the chance to become a leader of his people; but then what happens? Such fortunate people become corrupted by power and wealth and easily forget his roots, or his past, or how it was for him before he had the God-given opportunity of making it to power and all its trappings.

Humanity has always had a problem with governments – no government in history has ever been perfect, and this is unlikely to change till the end of time – the reason being that it is fallible mortals that operate governments.

Power is government and government means power; power often attracts the corruptible, so anyone who seeks power must be suspected of being corrupt until proven otherwise. Again, “It is not power that corrupts, but fear. Fear of losing power corrupts those who wield it and fear of the scourge of power corrupts those who are subject to it.” -  Aung San Suu Kyi, “Freedom from Fear”.

“Experience has shown that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.” ― Thomas Jefferson

Mr Mujica is poor, so what? Are members of his government poor? He must have a cabinet of Ministers and Advisers; are these people, who carry out his wishes and orders poor? Do they share or agree with Mr Mujica’s modest and meagre lifestyle? The answers are not known. Uruguay is not an exceptionally country, neither can we classify it as a poor country; but one thing for sure, it is better than Nigeria and indeed, many African countries.

The beauty of the Uruguayan situation is that with a modest and focused President, the resources of that country are managed well; corruption reduced to the minimum, bureaucrats do what they are supposed to do and the government loves and really try to take care of its people. This is governance. I don’t even care if it is not democratic like America or the United Kingdom.

So do the Uruguayans love their poor President? They apparently do, not because he is poor, but because he looks out for them; he does what they want him to do for them; he or his government are not corrupt and unaccountable to them; he is open and fair to them; he does not tolerate excesses and corruption; and neither does he tolerate mismanagement and inefficiency. His military obey him, his Ministers do what he wants them to do for the people and generally oversees a good government that his people can call their own.

I will admit I do not know much of the history of Uruguay, probably because I have not bothered to do a lot of research, but the little I know suffices to write this article. Uruguay is home to 3.3 million people of whom 1.8 million live in the capital Montevideo and its metropolitan area. An estimated 88% of the population is of European descent. With an area of approximately 176,000 square kilometres (68,000 sq. mi), Uruguay is the second-smallest nation in South America by area, after Suriname.

Uruguay won its independence between 1811 and 1828, following a four-way struggle amongst Spain, Portugal, Argentina and Brazil. It is a democratic constitutional republic, with a president who is both head of state and head of government.

So here we have it. Nothing really in common with Nigeria except that it was once a colony of a European country and is today operating under a democracy after long periods of military rule. This is enough for me. The size of the country is immaterial as is the constitution, or demography of the country.

Our leaders, and indeed the followers, do not have any need to re-invent the wheel. Neither is governance rocket science. The quest and avarice for illegal wealth, unrequited and misplaced power and priority is our problem. On the humane side, we can also add selfishness and appropriation bordering on the ugly side of our cultural and traditional values. Apt also is the way charlatans and the mediocre force themselves into power for the sole purpose of acquiring wealth.

Georgia, a former state of the defunct Soviet Union, which a few years ago, was one of the most corrupt nation in the world, has now got its act together and now boast of the least corrupt police force in the world. After an intensive drive to purge the country of petty and official corruption, many ordinary Georgians say they actually welcome the sight of police.

"Everything has really improved," says Shalva, an elderly car owner in the capital, Tbilisi. "There is no way the patrol officers are taking bribes. They even changed my flat tire for free so that I could keep on driving. What could be better than this?"

"There is no other country at the moment where more people see a decrease in corruption in their country, and where more people say the government is effective in fighting corruption," says Mathias Huter, a senior analyst with Transparency International’s Georgia office. "I think this is an indication that the Georgian government's efforts to fight corruption have been very successful."

How I wish we could say the same of my country, Nigeria, where it is even now more apparent that the Government itself is the main inhibitor and stumbling block to riding the country of the bane of corruption? In fact, one suspects that the government is actively aiding the stupendous growth and sustenance of corruption. As written earlier in an article, the various government apparatus in Nigeria thrives on corruption – it may even be that it is corruption that is keeping the country’s economy, entity and sovereignty from collapse.

Can we, nay, can our illegally-rich (in other words, thieving) leaders learn anything from Mr Mujica of Uruguay? Yes, but only in terms of morality and humanity. I am not sure of Mr Mujica’s governmental competence and effectiveness, but if the fact that he is poor and humble have anything to go by, yes, surely, our arrogant and corrupt leaders need to learn a lesson in humility, fear of God and Man, civility, love and intense care for one’s fellowman and woman and selflessness in the discharge of one’s duty to his/her people.

I see undeserving idiots, mediocre, charlatans and thieves being lauded and acclaimed everyday by the government, the society, religious segments and even the academics with the conferment of dubious honours, awards and accolades, chieftaincy and religious titles and I say to myself, “Are we a degenerate and depraved people who have unfortunately become used to suffering and battering from the hands of an unworthy few?”.

The Truth always.

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