Constance Momoh’s home truth

The recent statement credited to the President of the Code of Conduct Tribunal, Justice Constance Momoh, that political leaders lack the political will to prosecute corrupt persons, cannot be faulted. She reportedly added that where such leaders had the will to prosecute, limitation of legal investigation, judicial capacity and financial resources hampered it.

Truly, there appears to be a conspiracy by a cabal of rich and influential politicians to capture the anti-graft structures and then frustrate the fight against corruption. Indeed, the battle seems to have completely lost its steam under the present administration.

A few years ago, the former Chairman of the Economic and Financial Crimes Commission, Mallam Nuhu Ribadu, said each local government chairman in the Niger Delta region had no less than N200m in his private account. Today, nobody appears to be interested in investigating and prosecuting them. Besides, past state governors still walk about free in spite of allegations of massive looting of their state treasuries. Apart from the so-called plea bargain arranged for the former Governor of Bayelsa State, Diepreye Alamieyeseigha, no other prominent political leader has been conclusively tried by the government.

The subtle attempt by vested interests to cripple the EFCC, arguably the most effective anti-graft agency in the country, has not helped matters. There was a curious attempt to merge it with other anti-graft agencies. When that failed, the presidency surreptitiously removed the commission’s Chairman, Nuhu Ribadu, under the guise of sending him on a course. That important institution has been run for many months without a substantive head. Before the Ribadu saga, the Minister of Justice and Attorney-General of the Federation, Mr. Michael Aondoakaa, had created some technical obstacles that made it difficult to prosecute some ex-governors and other officials arraigned abroad on money laundering charges.

As part of the general lack of political will to prosecute the war, major operations and records of government are still shrouded in secrecy. Nigerians still cannot access the various Code of Conduct asset declaration forms submitted by government officials. Being able to access the form makes it possible for people to see the difference between what government officials submitted on assuming office and what they acquired while in office. The National Assembly has failed since 1999 to prescribe the mode of accessing the forms as stated in the Third Schedule, Part One (3c) of the 1999 Constitution.

The state apparatus for fighting graft seems to have been completely captured and pocketed by corrupt politicians. Many of the corrupt officials assume power not to serve but to siphon public funds. Some are installed by ex-leaders who want their sins in office covered up. This, perhaps, explains why the National Assembly is dragging its feet over the passage of the Freedom of Information Bill.

In other nations that are serious about fighting graft, both the government and the people collaborate to weed out corrupt officials. China has executed or jailed some corrupt public officials in the recent past. Last month, for instance, a court in the Chinese city of Tianjin sentenced the former Communist Party chief in Shanghai, Chen Liangyu, to 18 years imprisonment for taking bribes and abusing his position. He was accused of misusing a multi-million dollar pension fund.

In the United Kingdom, a demand was made under that country’s Freedom of Information Act for a detailed receipt-by-receipt breakdown of expenses made by 14 Members of Parliament and former MPs including the Prime Minister, Gordon Brown, from their additional costs allowances. This allowance empowers MPs, to claim up to £23,000 a year for maintaining a second residence, normally in their constituency. The MPs refused to accede to this request. The House of Commons Commission went to the High Court after the Information Tribunal had ordered the MPs to give the breakdown.

Penultimate week, the court ruled against the MPs and ordered them to pay about £33,500 in costs. The lesson here is that the anti-graft battle should not be completely left in the hands of the ruling class. Nigerians should begin to hold their leaders to account. Waiting for political leaders to take the first step may never achieve the purpose.