In
her Convocation Lecture to the University of Nigeria ten days ago,
former Minister for Education, Oby Ezekwesili pointed out that “the more
we earned from oil, the larger the population of poor citizens: 17.1
million in 1980, 34.5 million in 1985, 39.2 million in 1992, 67.1
million in 1996, 68.7 million in 2004 and 112.47 million in 2010!” Her
core argument was that we are multiplying the percentage of the poor in
our society because resources are being looted and are not invested in
productive sectors of the economy, including higher education. Nigerian
governments are displaying an incredibly high level of profligacy. To
illustrate the second point, she drew attention to some interesting
numbers such as “the squandering of the significant sum of $45 Billion
in foreign reserve account and another $22 Billion in the Excess Crude
Account being direct savings from increased earnings from oil that the
Obasanjo administration handed over to the successor government in 2007.
Six years after the administration I served handed over such humongous
national wealth to another one; most Nigerians but especially the poor
continue to suffer the effects of failing public health and education
systems as well as decrepit infrastructure and battered institutions.
One cannot but ask, what exactly does Nigeria seek to symbolize and
convey with this level of brazen misappropriation of public resources?”
This statement has earned her fury from the Jonathan Administration who
appears to believe that Nigerians who had been previously in government
have no right to speak truth to power. I do hope that Madam “Due
Process” does not get intimidated and shuts up. I follow her tweets
“Public Policy 101” where she campaigns for the importance of
transparency and accountability as well as the importance of investments
in the productive sectors of the economy. She has useful lessons to our
nation and her right to speak should be protected.
Many countries that were in a similar position to Nigeria forty years
ago are today economically advanced precisely because they have been
able to invest surpluses that are generated in their societies and train
the population through an emphasis on higher education. Any society
that allows massive looting of the economy and in addition does not
channel the surpluses generated to productive use can never develop.
This week, it took massive protests from civil society and the bar to
compel the Ministry of Justice to charge Honourable Farouk Lawan to
court after the very open episode of offering and receiving bribery. Mr
Otedola, the person who offered the bribe is yet to be charged in court.
What this tells us that the administration of justice is wired to
protect rather than sanction those who loot the national treasury.
Additional evidence for this view was also provided this week by the
shocking and scandalous judgment delivered by Justice Abubakar Talba on
Monday 28
thJanuary, 2013 when he sentenced a former Director
of Police Pension Board Mr. John Yakubu Yusuf to a two-year sentence on
each of the three-count charge with an option of paying a paltry fine
N750, 000, a sum promptly paid by the convict to regain his freedom.
The development was sequel to the guilty plea entered into by Yusuf in
admitting that he stole N23 billion from the police pension funds. For
ruining the lives of tens of thousands of elderly Nigerians who have
served the nation for decades and are dying from hunger and infirmity as
their pension money has been looted, Mr Yusuf gets to keep 95% of the
public money he has looted. Our judiciary might well be right in saying
looters should not be punished and they should keep their loot because
we have rewired our administration of justice to serve the interests of a
ruling class composed of treasury looters from top to bottom.
Of course for us ordinary citizens, we consider this judgment to be
appalling, regrettable, scandalous and irresponsible because that is
precisely what it is. It is an elementary principle that a thief cannot
be allowed to gain from his theft once he is caught. In addition to
losing the loot, a thief must also be sanctioned. In China, someone who
does this would suffer three sanctions. The money will be seized and
invested for public good. The person will be short in the head and
killed with a single bullet. Finally, his family will be asked to refund
the cost of the bullet to the Chinese state for producing such an
economic saboteur to lives of the Chinese people. I am a firm believer
in human rights and will not recommend that we follow the Chinese
example. I believe however that we must rewire our judicial system to
break the complicity of the supposedly venerable institution in
perpetuating corruption in the nation. We must try and regain the
sanctity of the judiciary and the integrity of our judges. This however
is no easy matter and the evidence we see is that things are going in
the same direction.
We have gone through the shameful episode in which our judicial system
was unable to successfully prosecute the former Delta State Governor,
James Ibori who was convicted in the UK for the same offences for which
he was acquitted by a Nigerian court. We have seen our judicial system
accept that the former governor of Rivers State Dr. Peter Odili cannot
be prosecuted for corruption just because a judge has said so. In any
other system, a judge that says someone cannot be prosecuted for his
crimes would himself be dealt with.
It is on record that no Nigerian official implicated in the $180 million
(N27 billion) Halliburton bribery scam has been convicted. Two former
executives of French engineering and construction company Technip have
been jailed to giving bribes to Nigerian officials. Meanwhile, the
series of Nigerian officials who were receiving the bribes over a
ten-year period to secure the construction contract worth $6 billion
(N900 billion) have been quietly enjoying their loot. It will be
recalled that the company admitted paying $132 million (N9.8 billion) to
a Gibraltar corporation controlled by London-based lawyer, Jeffrey
Tesler, and $51 million (N7.65 billion) to Marubeni of Japan. The money
was paid as bribes to Nigerian government officials. The bribe givers –
Jeffery Tesler, the main go-between for the consortium, is serving a
21-month sentence in a United States prison while Jack Stanley, former
Chief Executive Officer, is serving 30 months. Using the Federal Corrupt
Practices Act, FCPA, the U.S. Department of Justice, and the Security
and Exchange Commission has made the companies and individuals that paid
the bribe to pay more than $1.7 billion in penalties and disgorgement.
Halliburton had in January 2009, paid a $559 million (N84 billion) fine
to the U.S government after the company was found guilty of bribing
Nigerian officials. While the bribe givers have all been convicted and
fined, and in some cases jailed in their countries of origin and in the
U.S., no Nigerian bribe recipient has been convicted or jailed. These
cases are important as all the evidence of amounts paid and recipients
in Nigeria have all been established through thorough judicial processes
abroad. What is clear is that those in charge of the Nigerian state are
abusing their powers to ensure that those who steal massive amounts of
money must never be punished.
It is important to understand the reason for that. Thanks to these
revelations from foreign courts, we now know that the beneficiaries of
the bribes include three successive heads of state, former petroleum
ministers, officials of the Nigerian oil company, the Nigerian National
Petroleum Corporation, and other government officials. It is in this
context that Oby Ezekwesili touched a raw nerve by speaking of the
responsibility at the very top of the political hierarchy.
In Nigerian prisons today, there are thousands of people who are in jail
because they have stolen a chicken or a goat. They are jail because
they have committed a crime against the state. Their theft was petty and
they must suffer the punishment they deserve is the message. Those who
steal in billions however are always protected by the same state. No
wonder Nigerians believe we do not have the same justice for everybody.
We cannot begin to fix the Nigerian problem until we have the same
justice for everyone. Today, the confidence of Nigerians in the
judiciary is at its lowest ebb and this does not augur well for our
democracy. Indeed, it does not augur well for this nation of ours where
the impact of public policy is the increase in the number of the poor
and the astronomical wealth of the tiny cabal that are looting the
resources of the nation.
PSN