letter to Muhammadu Buhari urging him to use his “good offices and
leadership position to direct the Attorney General of the Federation and
Minister of Justice Abubakar Malami, SAN to without delay take over and
expeditiously prosecute grand corruption cases involving all indicted
former state governors and to prosecute indicted serving governors at the
expiration of their tenure as governors.
The organization said, “the trial of several former state governors
accused of corruption and money laundering have continued to linger in
different high courts in the country. Some of the grand corruption cases
involving former governors started in 2007 are yet to properly commence.”
In the letter dated 5 October 2018 and signed by SERAP deputy director
Timothy Adewale, the organization said, “We are concerned that the
continuing delay in the prosecution of former governors suspected of
committing acts of grand corruption to logical conclusion has sent a
negative message that the governors are untouchable. The delay is also
contributing to perception among Nigerians that many of these influential
and powerful past governors are being protected by the power and political
set up.”
According to the organization, “instructing the Attorney General of the
Federation and Minister of Justice Mr Abubakar Malami, SAN to take over
and directly and expeditiously prosecute all cases of grand corruption
involving former governors, would be entirely consistent with his duties
under the Constitution, and contribute to upholding the majesty of law and
vindicating the rule of law.”
The organization warned that, “should the Attorney General not take over
the cases of corruption against all past corrupt governors as requested,
SERAP would, on account of the public interest involved, and to ensure
that no further time is lost in the completion of these cases, consider
appropriate legal action to compel the authorities to discharge their
constitutional duties, consistent with the basic tenet of the rule of law,
the concept of equality and the cause of justice.”
The statement read in part: “the continuing delay in the prosecution of
former governors alleged to have committed acts of corruption is a
significant factor contributing to impunity of those engaging in grand
corruption, thereby posing a serious threat to probity in public life, the
rule of law and respect for human rights. The delay in the prosecution of
former governors who no longer enjoy constitutional immunity also suggests
that they are above the law.”
“Nigerians deserve to see the prosecution of all indicted former governors
to logical conclusion if your government is to demonstrate the credibility
of its commitment to combat grand corruption and eliminate any impression
of bias or lack of fairness in the fight against corruption. Everyone
accused of corruption should be brought to justice in accordance with the
law and irrespective of the height at which those involved are placed in
the power and political set up.”
“The delay also has serious implications for human rights because the lack
of effective prosecution of grand corruption cases involving former
governors has created the tendency among many serving governors to engage
in corruption, which would ultimately have deleterious effects on the
enjoyment of human rights including the rights to healthcare, water,
quality education and regular electricity supply.”
“SERAP believes that everyone against whom there is reasonable suspicion
of committing a crime of corruption has to be treated equally and
similarly under the law situation with a view in ensure proper
implementation of the rule of law. This is the need of equality guaranteed
in the Nigerian Constitution.”
“The right to equality in a situation like the corruption cases involving
former governors is that of the Nigerian polity and not merely of a few
individuals. The Attorney General is constitutionally empowered to take
over and expeditiously prosecuted the cases against former governors to
ensure justice and enforce the concept of equality.”
“The continuing delay in the prosecution of former governors accused of
corruption amounts to a fundamental breach of Nigeria’s Constitution of
1999 (as amended) and the UN Convention against to which Nigeria is a
state party.”
“Many of the 31 past governors accused of corruption are escaping justice,
some of the cases dating back to 2003. “The Attorney General is a defender
of public interest and has the powers under Section 174(1) of the
Constitution of Nigeria 1999 (as amended), to institute and undertake
criminal proceedings against anyone suspected to be responsible for acts
of corruption.”
“The delay can no longer be justified. Unless there is proper prosecution
of indicted former governors, the effort made to investigate their cases
would not bear fruition. Cases of corruption against high-ranking public
officials, particularly all indicted former governors must be conducted
and completed expeditiously if the government is to retain public
confidence in the impartiality of its fight against corruption.”
“Any taking over and prosecution of the grand corruption cases involving
former governors should not dilute adherence to the essentials of a fair
trial and the basic principles of our constitutional jurisprudence
including the presumption of innocence of the accused unless found guilty
at the end of the trial.”
“SERAP also notes that Governors control about 47 per cent of accruals to
the Federation Account – both its own share and that of the local
governments. Also, the Attorney General once started that “It is the
position of the present administration that these suspected governors must
be prosecuted in line with the anti-corruption agenda of the government.”
“Ending corruption by state governors would contribute to respect for
human rights including ensuring adequate medical and health facilities for
all persons in the country; which would help to protect the health of the
people and ensure that they receive medical attention when they are sick.”