Corruption wins the War!

Last week in “National Definitions”, I indicated that the concept of rule of law does not exist in an ideological vacuum. I said it is used to protect or preserve a certain viewpoint about how society should be ordered. I specifically included the possibility (in so many words) that “rule of law” could actually be an instrument of preserving corruptly acquired assets in the hand of the corrupt. In a previous week, I indicated that this column will wait till December 2007 before it forms an opinion on the direction of the Yar’adua presidency. Well now the column will now modify that position…at least in relation to the anti-corruption “war” and the so-called zero tolerance position against corruption claimed by this regime.

The modification the column now makes is to the effect that we propose to wait until December 2007 before we come to a position on the Yaradua Presidency, only if such a position is not apparent before then. The implication of this modification is that if the government’s policy direction in respect of any particular matter (judged by its actions and not its words) is clear and unambiguous before December, we will express our opinion and point it out to our readers before then. So what’s the point of all this? Well this column believes that at least in respect of the anti-corruption issue, this government’s inclinations are now very clear, on the basis of which we make the tentative propositions contained in the next paragraph.

This government will NOT fight corruption. This government WILL actively protect certain persons, particularly the ex-governors who may have corruption cases to answer for their activities in office up till May 2007. The Attorney-General of the Federation can be presumed to be acting either on the explicit or implicit instructions of his boss-the President-in his actions in respect of the EFCC and the anti-corruption issue in general. Sooner rather than later, the current head of the EFCC will either be fired, or will get the message and tone down his rhetoric in line with the apparent inclination of the government of which he is a part. The international community will also get the point (as the British Government may already have gotten) and recognize that the Nigerian Government has little, if any commitment to the anti-corruption war. We may also imply from the evidence that perhaps contrary to any denials, there may have been an amnesty deal on corruption as part of the bargaining for the 2007 elections.

The evidence for the propositions advanced above are accumulating by the day. The first substantive action taken by the federal Attorney-General was to attempt to withdraw the power of prosecution possessed by the EFCC and the ICPC. The memo to this effect was approved by the President indicating that but for the fact that it later emerged that this action was contrary to the express judgment of the Supreme Court in Osahon vs The State, the President was in support of a withdrawal of the EFCC’s power of prosecution. The attempt to withdraw the EFCC’s power of prosecution was evidence enough of this government’s disposition to the anti-corruption “war”, but then additional evidence has since been offered.

The Attorney-General then sought to take over the EFCC’s prosecution of ex-Governor Orji Uzor Kalu for corruption. It is important to note that Orji Kalu’s political party-the Progressive Parties Alliance (PPA)-is a coalition partner of the president’s PDP (having agreed to take part in Yar’adua’s Unity Government) and has just had a member nominated as a Minister in the government. It is also clear that the sole purpose of the Attorney-General’s attempted take-over of that case was in order to discontinue the prosecution allegedly on the grounds that it was in contravention of a court order. This action was taken without a dialogue with the EFCC on the matter, without an advice to the EFCC and without exploring what legal actions could be taken to over turn the purported court order. There is also information (which has not been denied by the Presidency) that upon securing bail from the Court, Orji Kalu visited the President in Abuja before the Attorney-General took the actions mentioned above. The Presidency has not disclosed the nature of the discussions with Kalu during the visit.

Now we know that a London Court’s dismissal of the asset forfeiture (or restraining) case involving ex-governor James Ibori (famously referred to by his friends and gubernatorial colleagues as the “Oil Sheik”) was assisted by or based upon a letter written by the same federal Attorney-General informing the Court that Ibori had no case to answer in Nigeria. There have also been suggestions that President Yar’adua met some ex-Governors perhaps including Ibori himself in New York during his maiden trip to the United Nations. Earlier ex-Governor DSP Alamieyesegha got a very lenient plea bargain (which I supported at the time until the pattern now emerging) which ensured that he was immediately set free, after which he rode heroically into Yenagoa. There are news reports that ex-Governor Joshua Dariye feels so confident of the absence of repercussions that he has basically written a confessional letter to the President!

One observes also that one issue on which the political class is united is on corruption. I have noticed with amusement that the only time the very articulate Action Congress spokesman, Alhaji Lai Muhammad has agreed with the PDP since he took up his job has been with respect to the EFCC. I notice also that certain well-reputed lawyers (who do not disclose to the public that they happen to be retained as lawyers by highly-placed persons accused of corruption or their friends) have also become the main critiques-in-chief of the EFCC, thus advertently or inadvertently helping to ensure the victory of corruption over Nigeria. The facts above entitle any objective and unromantic observer to at the very least remove any presumptions in favour of a momentum against corruption. The only war I have observed going on is a war against the EFCC, or perhaps a war against anti-corruption. For now corruption appears to have won the war!