Sunday, December 9, 2012

Must Read: Lock corrupt people up and throw keys away —Oyebode

Professor Akindele Oyebode 

Professor Akindele Oyebode is the Head of Department, International Law and Jurisprudence, University of Lagos. The renowned international law scholar, who clocks 65 today, speaks on the judiciary, corruption and insecurity

Please continue reading after the cut..

People say the judiciary is very corrupt. What is really wrong with the system?
I agree that there have been considerable misgivings about the pronouncements of some of our judges, especially in election petition cases as well as other political cases. I think the judges have their work cut out for them because, as the last bus stop before anarchy, they have to be sensitive to the callings and expectations of the high office which they hold.
Judges have such powers that would make ordinary people fear and tremble. Judges can even dispatch fellow citizens to the world beyond. So, it’s sacred a duty that they have – to expend justice without fear or favour, affection or ill-will. And that is why there is the aphorism that justice should not only be done but should be seen to have been done. My students will always add, “Manifestly seen that it is done.”
People have to be convinced that those who dispense justice are beyond guile; that they cannot be intimidated. But when there are suggestions or signs of failure to live to the billings of the high office, which judges hold, the society is perturbed, if not in discomfiture. I think the society will be disturbed at any allegation of judges acting in a manner untoward to their calling and their high office.
It is perfectly in order for people to subject the actions, activities and pronouncements of judges to treatment by cynical acid.

Why is it that several probes into high profile and transnational financial scams have hit the brick wall despite glaring facts that could be used to prosecute persons indicted?
This is a country where not even a camel but an elephant can pass through the eye of the needle. The whole thing stems from what we can call selective enforcement. A former president turned the Economic and Financial Crimes Commission into his attack dog. Like Nuhu Ribadu (former EFCC chairman) once said, corruption too has the capacity to fight back.
The greatest problem we have in Nigeria is not corruption, it is impunity. Because once everybody knows that you cannot get away with violating the law, then everybody would sit up. Then, the law would be uniformly applied regardless of whose ox is gored. But in this country, we adopt what in law we call ad hominem application. You look at the face of the accused person, if he is from an ethnic group, religious group, or belongs to a group the Indians call sacred cows, then, we don’t touch such people.
Invariably in other countries, selective enforcement is deemphasised. If you are caught with your finger in the till, you will pay the price. There must be uniformity in the application of sanctions. It is not the severity of the sanction that serves as a deterrent to criminal behaviour; it is the certainty of the punishment.
I have been quoted as saying that maybe we should employ the approach in China: Corrupt people proven as such should be lined up as we used to do with armed robbers at the Bar Beach and send them speedily to the world beyond to teach other people a lesson. Some people have said it is too draconian, inhumane and that Amnesty International does not like death penalty. Why not life imprisonment; you put them in jail, lock the door and throw away the keys. So, they rot in jail. If there is certainty of punishment and sanction, without any respect for status, then we will have some cathartic effect. We will feel a sense of wholesomeness that justice is done.
The Halliburton scandal involved a former vice-president of the United States and he paid the fine in the US. You have Siemens scandal: Siemens, a German company was indicted and a German court imprisoned those who were caught. In Nigeria, what happened? I know at least one of those indicted in the Siemens case who later became a minister. Not just a minister but in one of the most important ministries in this country, and heavens did not fall. Instead of taking a cue from what happened to his confederates in Germany, we are rewarding them with public appointments.
The case of Nigeria is worse than useless. You remember the situation in the US, where a bribe taker lost his seat in the Congress and was put in jail. In the West, efforts have been made to give capitalism a human face. A former British PM, Ted Heath, used to speak of what he called ‘the ugly, unacceptable face of capitalism.’ In Nigeria, to quote Femi Falana (SAN), “Corruption seems to have become the fundamental objective and principle of public policy.”
You don’t say you are looking for corruption; corruption is so pervasive that it has become a categorical imperative of the modus operandi of Nigeria. And it is very sad because that is how we are perceived abroad. As soon as your green passport is sighted, you’re presumed guilty. Then, you have to prove your innocence.
Quite sincerely, Nigeria has to do something to stop corruption if corruption is not going to stop Nigeria. Nigeria is party to the United Nations convention against corruption, which was adopted in 2005. We still have to provide the political will to enforce international legal obligations that are incumbent on Nigeria.
We have the EFCC Act, the ICPC Act, the due process Act, the public procurement Act, the anti-money laundry Act, we have so many laws. It is not that we don’t have anti-corruption laws, what we have lacked, hitherto, has been a full, uncompromising, untrammelled enforcement of these laws against those accused of corruption. That is the situation today.

But it seems the judiciary is failing to play its role in the anti-corruption war, giving the case of James Ibori, a former governor of Delta State.
Of course, the indictment, prosecution and conviction of Ibori were an indictment on the judiciary. You can see the glee with which the prosecutor said a common thief had found his way to the government of Nigeria. I had to bow my head in shame because some of us had been following the case for a while. This is a country where almost anything is possible. There are allegations that some of judges hand over their judgement depending on the size of the wallet of the accused. The judges are supposed to be impartial arbiters but we have noticed that the lady of justice, Themis, who is supposed to be blindfolded, with a sword on one hand and a scale on the other, peeps through in Nigeria to really see who is before her. And then, she bends the scale of justice in accordance with the status or with what the accused person has provided. I will be the last to give the Nigerian judiciary a clean bill of health.
The quest for justice in Nigeria is a work in progress. The judiciary depends on its functionality, efficacy, legitimacy and acceptability; it depends very much on the calibre of persons appointed to the bench in terms of the moral fibre. If you don’t appoint people of proven integrity – the incorruptible judges – then they are human subjects to human foibles. The rule is, anybody who has been caught to be violating the ‘cannot’ of his job should not be handled with kid gloves. We must let the hammer descend very heavily on them. We must shame them; there must be a sense of shame.
This is a country where people who have been tried, sentenced and who have served terms of imprisonment for corrupt practices, finish serving the term and go to a church to celebrate and to give thanksgiving. And the people term this as normal when we can see that moral values in Nigeria have been desecrated. We have a distortion of values. There is problem now for parents; what type of upbringing are you going to give your children?
Nigeria is at the crossroads; it is enduring moral crisis, which most people have agreed requires revolutionary treatment. Olusegun Obasanjo was threatening Nigeria with a revolution of the youth a few weeks ago. If those who were in the positions of authority, power and influence are now saying something drastic has to be done in order to averta revolution, you know that we are very close towards the debacle.

With the spate of insecurity in the country, is the government making headway in its battle to check the insurgency by the Islamic sect, Boko Haram?
You cannot discuss terrorism in the world now without mentioning Boko Haram. The sect has called into question the survival ability of Nigeria as one nation. Because the security agencies will tell us they are on top of the situation but you and I know they are not on top of the situation. Routinely, they are killing people and still saying they want to dialogue. They are very cynical. If they really want to dialogue, they should have given us a sense of optimism by declaring, unilaterally, a ceasefire in order for Nigeria to allow their grievances to be ventilated.
I think President Goodluck Jonathan is caught on the horns of dilemma. Jonathan is between a rock and a hard place because he’s damned if he does and damned if he doesn’t. I pity the President because he is incapacitated. There was a time he even said his government had been infiltrated. And you can see the sympathisers of the Boko Haram in the security forces. Some of them (suspects) break jails; some of them disappear from custody; that tells you that this is a serious matter. They want to bring Nigeria to a halt; that’s the way I am seeing it.
Nigeria must decide whether it wants to live with terrorism, as it has manifested itself through the antics of Boko Haram, or if we want to seize the bull by the horns. A drastic ailment requires a drastic remedy. Since they are not seizing their fire, Nigeria too cannot seize its fire. Nigeria has to meet force with force and at the same time leave the door open for dialogue.

-Punch

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