In the interest of full disclosure, I do not know anyone, I repeat ANYONE who is currently standing trial or is under criminal investigation for corruption in Nigeria or elsewhere. I’ve not received compensation of any kind to put forward these suggestions. My sole motivation is to expand the narrative by advancing thought-provoking suggestions that, I hope, our leaders may consider in their guidance of Nigeria through these taxing times.
President Muhammadu Buhari is the luckiest person alive in present day Nigeria.
And history beckons.
No leader in Nigeria’s checkered history has stumbled upon a more fortuitous time to write their name in gold. And leave a lasting legacy in the sands of time.
All the pieces of Nigeria’s jigsaw puzzle are as transparent as can be.
No visionary leader could ask for a better canvas.
What! With an economy in shambles, no electricity, pervasive insecurity, unemployment at the highest levels not seen since the civil war, healthcare facilities a joke, or public and private sectors in the doldrums with months of unpaid salaries. What ominous state of affairs can a leader ask for to prove his/her mettle?
However, his change mantra appears to be faltering, even with a widening archeological dig of corruption in spheres of Nigeria’s public and private sectors, hailed in many quarters as unprecedented.
For most Nigerians, the callousness of treasury looters deserves no less than gazillions of jail time, or even the death penalty – though no such provision exists in the nation’s laws. As more transgressions of the past administration’s wanton greed and thievery are unearthed, and proclaimed as direct causative factors in the deprivation of Nigerians of the most elemental of human needs, including avoidable fatalities from lack of, or poorly executed infrastructure, military equipment to fight insurgency, medical or otherwise, the outcry for justice against these unconscionable criminals, grow louder by the day.
Such outrage is understandable, and on the surface, justifiably so, given the extent to which corruption has systemically ravaged the very essence of institutions in Nigeria.
Yet, such ‘Gra-Gra’ reasoning – a distillate of anger and frustration at judicial gerrymandering to render “summary justice”, serve only as a distraction for thought leaders looking to find a workable alternative to crime and punishment for looters of the common patrimony.
Historically, sending powerful personalities/politicians to lengthy jail terms has always produced mixed results. Napoléon Bonaparte is a good reference point in history.
Tellingly, President Buhari has more recent experience; hauling politicians and their cohorts to jail for corruption in 1984. Yet, three decades after, back in power as a civilian president, the multitudes of alleged looters – with far more noxious criminal allegations, available to haul off to jail, appears to have metastasized.
What lessons have we learned, or are we going (a) round in circles? Or is it déjà vu all over again?
Methinks the time is come to do things differently
In coxswaining Nigeria into the “Change” lane, of away from the old corrupt ways, and towards prosperity, President Buhari must recognize the criticality of change leadership – think, act, and implement things differently. In Change Management, the seamlessness with which a leader introduce and implements “change”, attests not so much to ability, but the quality of delivery framework. Even more importantly, “Change of any sort succeeds or fails on the basis of whether the people affected do things differently”
Sending corrupt politicians and white collar thieves to jail for enhanced ‘extended stay’ jail times, is awesome in many climes with strong institutions but hardly workable in emerging economies like Nigeria.
In the history of Nigeria, no politician or politically connected “big man/woman” has ever served a full jail sentence. Even with the change narrative, there’s no guarantee that a few years down the road, a new government, sympathetic, or perhaps, with a “weak leader”, will not commute, pardon and release jailed looters from prison. Former President Obasanjo benefited from such a change in government as well as Col. Sambo Dasuki (retd), who later resurfaced as National Security Adviser after decades of hibernation that trailed the ignominy over his coup saga. Nigerians are still scratching their heads on the enormity of alleged looting spree of the aforementioned duo in their return to power, although only the latter is currently on trial.
Again, what lessons have we learned, or are we going (a)round in circles?
Like a cat with nine lives, Nigerian politicians have perfected the resurrection act and will reemerge in the political arena when a new administration come into power, and blame their travails and incarceration on their “detractors”.
What if – Convicted corrupt politicians, public officials, and other white-collar criminals are offered a plea bargain whereas the stringent conditions attached can guarantee government that;
• Maximal looted funds are recovered
• A mandatory minimum sentence is be served as prescribed by law.
• A ban from public service, politics or in the case of the private sector- the institution where their crime was committed e.g. banking, including during probation as prescribe in law, (ten years minimum to a lifetime ban).
More importantly, as part of the plea, convicted looters are voluntarily entered into a community service farm program which allows them to serve a significant portion of their sentence and probation, engaged on their own but government supervised, large-scale commercial farming with mandated produce yield per year.
Agree to strictly engage in commercial farming throughout the prescribed probation period. Any violation of the terms of probation automatically restores serving of the suspended jail time.
Agree to farm and produce a yearly agricultural output of prescribed metric tonnage for ten years minimum, (depending on court sanctioned community service and restitution). Proceeds from the sale of the produce must meet a minimum yearly restitution amount due to the federal government.
Agree to positively engage and provide social amenities services to their host communities without engaging in partisan politicking.
Cross platform supervision by multiple government agencies – aided by independents such civil societies, host communities and others will ensure compliance.
Benefits to government and society
Justice. Loot recovery. Crime and punishment, and restorative justice; debt is paid back to the society wronged from their looting indiscretions. There is little to gain by incarcerating productive human assets in jail for gazillion of years other than increased pressure on the little resources of the Nigerian Prisons. There is little evidence that Nigerian politicians or public looters are able to serve any lengthy prison time anyhow before they kick the bucket or are released by a sympathetic new government via pardon.
Less corrupt institutions. Taking out the bad eggs from the system improves the productivity of institutions, and keep these convicts from exerting negative influence as well as further degrade their networks, and discourage protégées from treading in their corrupt paths or celebrating criminality.
Economy. Government can expect an increase in commercial agricultural investment and output while creating employment for local farm hands with little investment (land and supervision).
Social. Reorientation of the youth and larger society to rediscover dignity in labor, and to shun get rich schemes, can only be hastened when commercial farmers redefine affluence in Nigerian society
Viability public looters have the brains and financial capacity to manage and sustain large-scale commercial farming. If Nigerian government provides land – a minimal cost, the needed incentives (stay-out-of-jail card, an avenue to earn money, redemption, and a path to regained social status) is more than enough to ensure the viability of the program.
A federal agricultural community program may not need a bill to support it. Because it is voluntary, no participant can challenge the legal impetus or claim coercion to participate. But if necessary, a bill can be pushed through the house and signed into law to give the program a legal backbone.
Most white collar criminals in Nigeria, whether private or public, when disgraced, convicted, and imprisoned, are usually reluctant to return to the public limelight. A case in point; former Inspector General of police, Tafa Balogun, or former Managing Director of now defunct Oceanic Bank, Cecelia Ibru. A government program that encourages immersion into productive commercial farming, and dignifies their contribution to society can go a long way in helping to educate the youth to find dignity in labor and to shun corrupt practices for rich schemes.
I doubt the average Nigerian will worry much about Dasuki branded long grain rice or Diezani’s branded tomatoes paste, if the low cost of food that it brings to their table allows them to live more abundantly.
Emma Adoghe
Miami, FL.
Why it will work.
Common arguments may be;
1. Convicts need to serve their punishment as deterrent to others
The penal system as a mechanism for deterrence is effective in advanced economies where strong law and justice institutions have evolved to provide the needed enforcement. It is a painful reality, but Nigeria is not there yet. Emerging economies like Nigeria are still in the process of building these institutions along with their democratic structures, and it is foolhardy to assume otherwise.
The program itself does not preclude the convicts from serving jail time. Rather, it suspends jail time like the sword of Damocles over their heads, while they work to repair the injury done to society. Any violation of the terms automatically reinstates the convict to jail.
2. It discriminates against common criminals who serve punishment.
Admittedly, there is some validity to this argument if viewed superficially. However, on closer look, the reality that we are all part of a global “animal farm”, is laid bare. The notion of an egalitarian society where all is treated equally before the law presupposes the existence and infallibility of strong judicial, enforcement and corrective institutions which Nigeria lacks at the moment, and even is advanced societies, the reality is far from ideal such that social justice is often seen as a discredited fantasy.
Granted, while modern law enforcement and prosecution continue to see advancement in judicial dispensation of justice across most strata of society, it is common knowledge that politically connected people, the wealthy, and celebrities all over the world continue to use influence, money and the best attorneys to escape justice or get a slap on the wrist at best, for crimes that commonly see others hauled off to jail or made to feel the full weight of the law. This anomaly is far more prevalent in emerging economies.
In this stance, the proposed community service is far more effective and productive. Who would like to be condemned to a lifetime or decades of farming for the government or societal benefit?
3. Nigerian convicts will manipulate the system to their advantage
Obviously, Nigerians white collars convicts will attempt to devise ingenious means to subvert the ideals of community farm program but therein lies the beauty of the program.
Buying produce from other farmers to declare as their own ‘handwork’ will only enrich the local farmers or wherever local community economy they buy the produce from. More so, it draws out stashed funds that government may be unable to recover from the convicts during their trials. In all likelihood, after a couple of years, the convicts will probably come to the realization that they are paying out monies to enrich farmers or others for produce which they could have easily produced themselves on their farms, and at great risk of violating their probation and ending up back in jail. Such realization is weighty enough to bring about a change in behavior even without government intervention.
4. Why would farming be attractive to Nigerian white collar criminals?
Few Nigerians have never engaged in farming or agricultural activity in one form or the other. In fact, the majority of Nigerians born before and post-independence, 1960, have extensive experience in agriculture activities and constitute the age bracket of the bulk of treasury looters, and other white collar crimes. Many already own farms or plan to retire to farms at the end of their careers. This is a critical incentive for the community farms program; an inherent inclination towards farming means more of the convicts are predisposed to willingly sign up for the program.
They also can immediately see the benefits of partaking in the program
They get to disappear from public scrutiny after a disgraceful trial, sentence and prison time.
They can enjoy the tranquil peace, natural food, and drink of the countryside while savoring the freedom and opportunities to be productive, to their own family and to society.
Most will quickly realize that the program provides an opportunity to deploy their extensive management skills to manage farm hands on a commercial scale and opens an avenue to grow wealth, redemption, and regained societal status. A win-win situation for everyone.
Compared to common and habitual criminals, convicted white-collar criminals including public looters have the brains and financial capacity to manage and sustain large-scale commercial farming.
Take, for instance, a General or its equivalent in public service, with extensive training and skillset managing hundreds or thousands of men. If convicted for corrupt transgressions and introduced into such a community farm program, it is arguable that such a General possess enough management skills to organize large number of farm hands to manage and sustain large-scale commercial farming, especially with the bonus incentives of stay-out-of-jail card, avenue to earn money, redemption, and regained societal status.