Panama Papers: Falana calls for probe

Falana

A human rights lawyer, Mr. Femi Falana (SAN), has called for the prosecution of Nigerian public officers who are found to be holding foreign accounts in Panama.

According to internal data of the Panama-based offshore-provider, Mossack Fonseca, obtained by the German newspaper, Süddeutsche Zeitung and shared by the International Consortium of Investigative Journalists in 82 countries, the names of some Nigerians have appeared in the secret leak.

It is an offence for a public offer in Nigeria to operate bank accounts in foreign countries. However, it is common knowledge that many are guilty of this crime, yet successive governments have done very little to bring culprits to book.

Nigerians whose names have been linked with the leaked documents include Senate President Bukola Saraki and his predecessor, David Mark. Others are Saraki’s wife, Toyin; former Defence Minister Gen. TY Danjuma; former Delta State Governor James Ibori; Mr. Laolu Saraki; Mr. Obi Asika and Mr. Olufela Ibidapo.

Falana acknowledged that private citizens named in the leak could be exempted from prosecution, but insisted that public officers were liable.

“Private persons are not prohibited from keeping accounts wherever they like. However public officers have always been barred by the Code of Conduct Bureau and Code of Conduct Tribunal Act from operating foreign accounts in any manner whatsoever,” he said.

“To that extent, former and serving public officers whose accounts have been published in the Panama Papers are liable to be prosecuted if they had failed to declare them in their asset declaration forms.

“Secondly, the onus is on them to prove that any funds in such accounts emanated from their legitimate income.”

There were strong indications yesterday that the Economic and Financial Crimes Commission (EFCC) may probe Nigerians associated with secret offshore companies, the Nation said.

An anti-corruption group, the Coalition Against Corrupt Leaders (CACOL) has also called on the Nigerian government to commence immediate investigations into the “gruesome revelations,” according to Premium Times.

The group called on Saraki to resign from office and surrender himself to federal authorities for prosecution.

However, Saraki, who has been has been arraigned by the Code of Conduct Tribunal for non-disclosure of assets when he served as Governor of Kwara State, has vowed that he would not yield to calls for his resignation as Senate President.

He said those calling for his resignation were being sponsored by politicians who had always opposed his leadership since he emerged Senate President.

He said he has fully fulfilled the provisions of the law on declaration of assets by public officers.

“The law only requires a public officer to declare both his own assets and those held by his spouse and his children under 18 years of age. The law does not require a public officer to declare assets held by the spouse’s family,” he said.

Senator Mark, who denied any wrongdoing, has threatened legal action against media organisations that published stories linking him to the documents.

His media assistant, Paul Mumeh, issued a statement explaining that a thorough scrutiny of the document showed that Mark’s name was not mentioned in the report.

“We challenge all those behind this propaganda and media outburst to prove or show that Senator Mark’s name was mentioned in the leaks. He is prepared to stand and defend himself against any accusation in relation to this matter,” he said.

“Senator Mark’s Media team has carried out its own search of the Mossack Fonseca database and found no statement, item or any connection to Senator David Mark or his family. It follows that there is no record, whatsoever, of any impropriety or wrongdoing.” 

Corruption: What manner of fight?

Ibrahim Magu, EFCC Chairman

Ekpo Nta, ICPC Chairman

The country is agog. Everyone is waiting to see which big guns will go to jail. Suddenly, anti-corruption agencies have found not just their voice but also their muscle. Treasury looters are quaking in their ill-gotten boots. Some lily-livered crooks have reportedly returned part of their loot to escape the slammer.

The newspapers inundate us on a daily basis with allegations and counter allegations of corruption and mind boggling sums have been bandied. Yet there has been no conviction. Just hot air.

Media hype. This is Nigeria’s style of fighting corruption. This was supposed to be the fight of the century where corruption is given some uppercuts and the knockout blow. But the like the Floyd Mayweather vs. Manny Pacquiao fight, it is becoming a very boring non-event. Corruption and the sheriff are dancing in the ring instead of blowing each other’s brains to pulp.

We are all making noise to impress President Muhammadu Buhari who we all believe will not tolerate any form of corruption. We are trying to show we are on his side so he will not frown at us like a stern headmaster and drop a few lashes on our behind. But are we really interested in fighting this curse called corruption?

The politicians who are screaming loudest about corruption are mostly those who were shortchanged and could not get their fingers in the pie. That is the number one reason our politicians jump from one party to another. They don’t cross carpet because of their beliefs and convictions. They do so because they feel they have been cheated in one way or the other. Then they start to shout “corruption” at the top of the voices.

But it was not corruption when they had initially been invited to “come and chop” according to Bode George. It only became corruption when they couldn’t get their fingers into the jar.

That is the reason the fight against corruption is tougher than it looks. Our politicians did not suddenly become born again. They are only paying lip service to the anti corruption fight.

They are just sycophants, playing to the gallery. They are trying to impress PMB. They are biding their time. They know Buhari has a maximum of eight years in the saddle. Then it will be business as usual.

What happens if the next president doesn’t have the same open hatred for corruption like PMB does? We all know that he is the only head of state/president since independence that cannot be accused of stealing public funds.

The way ICPC and EFCC are now flexing muscles shows this fight is a sham. Where have they been hiding? It is believed that they are reacting to the president’s body language. Do they have to watch the incumbent’s body language before they do the jobs they had taken an oath to do? If they did their jobs correctly they would not have to observe the president to perform. In fact even a sitting president should be afraid of them.

Femi Odekunle, a professor of criminology and a member of the Presidential Advisory Committee, the new anti-corruption outfit, said, “Buhari appears an oasis of integrity in a desert of corruption.”

If Buhari is a lone ranger then this fight may never be won. Instead it may even end up consuming him. He can only succeed if others join hands with him for the slugfest against the hydra-headed problem.

If PMB suddenly becomes corrupt I can bet you that the ICPC and EFCC will roll out red carpets to honour him. Then when his tenure is over and an unfriendly candidate succeeds him from another party – say APGA – they will find their voice again and dust up old allegations to hang the man of honour.

We don’t need strong men to fight corruption. We need strong institutions. If we don’t strengthen our institutions corruption will continue to reign supreme. We will only dance with it in the ring; we will never fight it let alone knock it out.

What if Zuma had been President of Nigeria?

Ibrahim Magu EFCC chairman

President Jacob Zuma of South Africa is in soup. The highest court in his country has ruled that he violated the constitution when he failed to repay government money spent on his private home.

An anti-corruption body, known as the Public Protector, had ruled in 2014 that the president spent $15 million on his rural home in Nkandla in the KwaZulu-Natal province.

In a unanimous judgment on behalf of the Constitutional Court's 11 judges, Chief Justice Mogoeng Mogoeng said the “the president failed to uphold, defend and respect the constitution.”

The president. Not a former president. Not a presidential candidate. The incumbent president. Found guilty by the court.

President Zuma, whose term in government has been marred by allegations of corruption and cronyism, has apologized and promised to honour the court verdict. However, the opposition, smelling blood, said they would push for his impeachment.

The first thing that came to my mind is if this could happen in Nigeria. The answer is a resounding NO. Not even with all the noise we make about fighting corruption.

In Nigeria the Economic and Financial Crimes Commission (EFCC) – the body created to fight the kind of thing Zuma was found guilty of – is just an extension of the presidency. So the agency, in its wildest dreams, can never attempt to investigate the sitting president of any financial crime.

In fact, the EFCC is simply a tool of whoever is in power. When he was president, Chief Obasanjo once threatened to send the agency after someone. That shows the crime fighting organization was just acting a script against those who failed to fall in line.

Financial crimes supposedly soared under Jonathan, because he was perceived as weak and tolerant. And now we say President Buhari’s “body language” has made the EFCC sit up.

Herein lies the problem. Why can’t the EFCC fight corruption doggedly, no matter who is president? Why does it have to watch out for “body language”?

What happens when Buhari leaves? If his successor is not as committed as he is we will go back to the status quo, that’s what.

Such an institution needs to be strengthened and made independent so it can go after anyone suspected of stealing, misusing or misapplying public funds – including an incumbent president. The same thing the public protector did to Zuma in South Africa.

The war against graft will never be won when the government keeps shifting goalposts and using agencies like the EFCC to target perceived or real enemies. This is the reason many public officers show unalloyed support for an incumbent government. Immediately that government leaves, they turn their tentacles on the next one. They shamelessly sing the same songs of praise and worship to the next government. All they need to do is change the name of the person they praise. The song remains the same.

But we, the people, also have a huge chunk of the blame. In Nigeria it is seen as normal for public office holders to convert public funds for private use. Nigerians actually expect them to do that.

Even local government chairmen live like emperors. A few months after getting into office, they erect fabulous mansions that can put Bill Gates to shame. The EFCC never sees anything wrong with this – until they step on oga’s toes.

Woe betide any minister, governor or president who doesn’t “help” his family and friends while in office. Everyone will deride him. His people will never forgive him if his village is not turned into a mecca of sorts. That means he just wasted his time in office.

On festive days like Christmas and Sallah, he is expected to throw extravagant parties to mammoth crowds. And he is expected to donate huge sums of money at any function he attends – weddings, funerals, birthdays and even child naming ceremonies. If he doesn’t, he is seen as stingy. He is called araldite or super glue.

Justice Mogoeng said South Africa’s public officials ignored the constitution at their peril. He warned that the rule of law was the “sharp and mighty sword that stands ready to chop the ugly head of impunity from its stiffened neck.”

That is the kind of message Nigeria’s public officials need to hear. But what is happening to Zuma may never happen in Nigeria. That is why corruption will always thrive here.

Nollywood actress Ibinabo Fiberesima to spend 5 years in jail, Appeal Court affirms

Ms. Fiberesima

The Court of Appeal in Lagos on Friday, March 11, dismissed an appeal by Nollywood actress Ibinabo Fiberesima challenging a jail term slammed on her by a Lagos High Court.

Ms. Fiberesima was challenging the judgment of Justice Deborah Oluwayemi that had sentenced her to five years imprisonment for a driving accident, which led to the death of Dr. Giwa Suraj.

She was alleged to have driven her car recklessly on the Lekki-Epe Expressway knocking down Suraj, a staff of a hospital in Lagos State. The state government took the case to the Igbosere Magistrate Court.

Delivering judgment, the Magistrate Court gave the appellant an option of N100,000 fine for the offence. However, the then Lagos State Attorney-General and Commissioner of Justice, Supo Sasore (SAN), felt dissatisfied with the judgment and the state government took the case to the Lagos State High Court.

The High Court replaced the option of fine with a jail term. Disagreeing with the judgment of the High Court, the actress filed an appeal through her lawyer, Nnaemeka Amaechina, urging the court to set aside the five-year sentence.

In a unanimous decision delivered by Justice Jamilu Yammama Tukur, the appellate court dismissed Ms. Fiberisima’s appeal and affirmed the decision of the Lagos High Court. The court held that the Magistrate Court lacked the discretion to have granted Ms. Ibinabo an option of fine, having been convicted. 

The court further held that the appeal lacked merit and consequently dismissed it.

Justice Oluwayemi of the trial court held that the magistrate exercised “judicial recklessness” when he gave the convict an option of fine. She held that Sections 28 of the Traffic Law under which the accused was convicted did not give an option of fine.

“When a term of imprisonment is mandatory for an offence, the court cannot and should not give an option of fine,” she said.

She added that the fine did not serve the purpose of justice in the case and subsequently ordered that the N100, 000 be returned to the appellant.

Mr. Amaechina said the judgment would be challenged at the Supreme Court, adding that a notice of appeal had already been filed.