Following a string of court rulings against high-profile corruption cases
last week, Socio-Economic Rights and Accountability Project (SERAP) has
urged President Muhammadu Buhari to “adopt a revolutionary approach to his
government’s fight against corruption by referring high-level official
corruption cases to the International Criminal Court for investigation and
possible prosecution.”
The organization said, “As a state party to the Rome Statute of the
International Criminal Court, the government should also consider drawing
from the expertise, experience, and international best practices of the
court to complement the mandates and powers of our anti-corruption
agencies and judiciary to successfully and satisfactorily investigate,
prosecute and hear high-profile corruption cases.”
In a statement dated 9 April 2017 and signed by SERAP deputy director
Timothy Adewale the organization said that, “The latest setbacks in the
prosecution of high-profile corruption cases show the need for effective
enforcement measures to weed out, expose, and punish grand corruption in
the country. Referring large-scale corruption cases to the International
Criminal Court would in the short-medium term improve deterrence, and at
the minimum demonstrate a symbolic commitment to confront grand corruption
head on.”
According to the organization, “Referral to the ICC should be considered
as a stop-gap measure, and as part of an all-embracing strategy that would
inevitably require a fundamental reform of the criminal justice system and
the strengthening and empowerment of the country’s anticorruption
agencies.”
The statement read in part: “SERAP argues that corruption by high-ranking
officials and their families and associates is an international crime,
especially given the sheer amounts of national wealth involved, and the
devastating effects of such plundering, including political instability,
weak rule of law, and destruction of the country’s economy.”
“Without effective investigation and prosecution of high-ranking public
officials charged with corruption, and a judiciary that is willing and
able to satisfactorily play its own interpretative role, this government’s
fight against corruption may sadly turn out to be all motion and no
movement, and this will eventually undermine the legitimacy of the
anticorruption efforts.”
“SERAP believes that radical and more robust criminal enforcement measures
are necessary to appreciably improve anti-corruption efforts, including by
equipping, empowering and providing opportunities for training and
re-training of those charged with the investigation and prosecution of
large-scale corruption so that they can fearlessly, impartially,
efficiently and energetically enforce anti-corruption laws and ensure
justice for the countless victims of corruption in the country.”
“It should not be the case that only petty offenders are successfully
prosecuted while high profile corrupt officers escape punishment and
justice. Prosecuting the ‘small fry’ and leaving the ‘big fish’ to go
unpunished would send a particularly damaging message about the
government’s commitment to end large-scale official corruption, legitimize
offenders’ impunity, and clearly violate the underlying legal and moral
assumptions that a government will treat all persons equally, fairly, and
with respect.”
“Effectively prosecuting high-ranking officials would help to persuade
foreign jurisdictions keeping stolen public funds, and facilitate
international cooperation and assistance that may lead to the recovery of
such assets.”
“Efforts must also be intensified to apply stronger preventive measures to
ensure that Nigerians are informed of the dangers of corruption. By
ensuring that the Nigerian public views grand corruption with a ‘human
face,’ the public may be more likely to build a united front and demand
change from their leaders, which, in turn, would gradually strengthen
Nigeria’s political will to end the problem. This is the surest way to
help keep Nigeria fair, just, stable and prosperous.”
“As the situation in the country has shown, corruption is costly to good
governance, human rights and national development, and leads to erosion of
confidence in good governance, rule of law and economic stability. SERAP
argues that grand corruption in the country violates fundamental human
values, and the values protected by international human rights law, as
well as negates the doctrine of fiduciary relations that obligate public
officers to faithfully perform the duties of their office, and to preserve
state property.”
It would be recalled that last week, a Federal High Court in Lagos issued
an order unfreezing the Skye account of a former First Lady, Patience
Jonathan. The EFCC had in November 2016 filed an application before the
court seeking an order freezing the account. The commission had contended
that the funds were reasonably suspected to be proceeds of crime. The
account is said to harbour the sum of $5.8 million.
Also, Justice Abulazeez Anka of a Federal High Court in Lagos vacated a
freeze order on the account of a Senior Advocate of Nigeria, after
initially ordering a temporary forfeiture of N75 million found in his
Guarantee Trust Bank account. Further, a High Court of the Federal Capital
Territory discharged a judge of the Federal High Court in Abuja of all
18-count charges of fraud brought against him, his wife and a senior
lawyer.