Ogun Election Tribunal Mayhem – Bring Perpetrators To Justice, CACOL Demands

By   /  October 1, 2015

Senator-Ibikunle-AmosunThe Coalition Against Corrupt Leaders, CACOL has demanded the arrest and prosecution of party thugs that allegedly attacked a number of litigants in the premises of the Ogun State Election Petitions Tribunal, sitting in Abeokuta, Ogun State.

The incident, as reported in the PUNCH edition of Wednesday, September 30, 2015, which occurred on Tuesday, 29th September, 2015, while the tribunal was hearing the petition brought before it by the defeated PDP gubernatorial candidate in the last general elections, Gboyega Isiaka Nasiru, against the incumbent, Senator Ibikunle  Amosu, saw people suspected to be thugs allegedly sponsored by a political party, suddenly storming the tribunal premises and began attacking prominent personalities and other litigants with dangerous weapons. They were reported to have invaded the premises in such a large number that forced the policemen on duty to quickly call for reinforcement.

CACOL said it’s highly disturbed at what is gradually becoming a tradition by some overzealous, lawless politicians in our country to continually engage in what could be described a national embarrassment that tends to diminish our value and dignity as a people. Such acts of barbarism are only capable of debasing our sensibility as humans.

“By the way, what sort of society are we trying to build or what legacy shall we be bequeathing to upcoming generations, when the sanctity of our hallowed chambers of justice is flagrantly desecrated at will by those who have assumed a status of out-laws in our midst? Is ours turning into an animal kingdom where laws do not exist at all?” lamented the coalition’s Executive Chairman, Comrade Debo Adeniran. Since the court is said to be the last hope of the common man in seeking justice, where else could the common man turn to when his last hope has been turned into a scene of jungle behaviours of all sort?

Not too long ago, Nigerians were stunned at the height of barbarism displayed in the premises of the High Court, in Ado-Ekiti, when political thugs invaded the court premises, beating and injuring litigants, counsels and other court officials which included a judge who even had his official robe torn to shreds. The aim, apparently, was to disrupt the case that involved their man, and this they succeeded in achieving as no one could stop them. Report had it that the court, thereafter, had to suspend its sitting for weeks.

Speaking further, Adeniran said, “To the best of our knowledge, nobody was arrested nor invited for questioning, talk-less of being arraigned for prosecution. And because that show of national shame and embarrassment was allowed to go unaddressed, a precedent, so to say, has been set. Today, again, it’s happening in Ogun State and as usual, no one will ever answer for this shameless display of incivility and bestiality.

Therefore, in order that this ugly dimension of gross respect for law and justice, and by extension, for the nation’s sovereignty, is curbed and discouraged, perpetrators and sponsors of this ugly, uncivil and grossly barbaric act in Ogun State, regardless of their social or political status, should be arrested and brought to book, otherwise we might unwittingly be introducing another version of score-settling methods by our politicians. Nothing short of that will be acceptable to law-abiding members of the public.

Source: Universal Reporters.

 

 

SARAKIGATE: Politicians running from their shadows – CACOL

There had been indications in the news that politicians in the country have begun to lobby the Code of Conduct Bureau into availing them the avenue to tinker with the information earlier submitted on the assets declaration forms already in its custody, to escape possible future prosecution.

Comrade Debo Adeniran
Comrade Debo Adeniran

 

A development which came in the light of the ongoing trial of Senate President Bukola Saraki at the Code of Conduct Tribunal over alleged false declaration of assets. Politicians in the country had until now seemed to have taken the exercise for granted, believing that a day of reckoning may never come.

The Coalition Against Corrupt Leaders, CACOL, a group of civil-society, community-based and other non-governmental organizations with the objective of fighting corruption and corrupt persons by any means possible at all levels in Nigeria has expressed its dismay over the seeming ineffectiveness of the anti-corruption agencies created by the government. Going by the existing constitutional powers conferred on the Code of Conduct Bureau (CCB), one cannot but wonder as to why these all-important institutions whose activities basically anchor the principle of accountability and probity on the part of public officers had, all these while, so remained virtually consigned to the background, so to say, in the affairs of our democratic governance.

Information reaching us as shown that the CCB seems to be complicit in the exercise to the extent that they simply grant politicians unfettered access to assets declaration forms earlier submitted by them to be altered having seen that the new regime is not taking it easy with those who made anticipatory and false declarations. The forms are not even properly kept; when one gets to their offices, constitutional process for accessing these forms that have been filled is not strictly complied with. They are left in open shelves and at times on the desk where the forms could even disappear, thus allowing a declarant to easily alter what he/she has earlier declared. Corrupt CCB officials engaged in this criminal act should be warned to desist forthwith and be made to realize that the fate of the accomplice in a crime is as grave as that of the perpetrator.

Looking at the CCB and Tribunal Act CAP 56, LFN 1990- The CCB and its twin sister, the Code of Conduct Tribunal are Extra – Ministerial Departments set up by the Federal Government under the Code of Conduct Bureau and Tribunal Act, Cap 56, LFN 1990. The Act gave the Bureau the mandate “to establish and maintain a high standard morality in the conduct of Government Business and to ensure that the actions and behavior of Public Officers conform to the highest standard of public morality and accountability.”

Corruption has so far succeeded in not only ravaging our values and pride, but has also succeeded in bastardizing the psyche of the majority so much so that thieves are openly hailed and celebrated. Ours is gradually becoming a society that encourages opportunism in whatever form. The tendency to exploit every given opportunity to satisfy one’s selfish desire no longer rest only with the leaders, the led themselves now encourage the leaders to thrive in self-serving exploits.

It’s saddening and highly disturbing to see what has now become the norm for the led to constantly remind their newly elected (or appointed) leaders of why they should see their new positions as an opportunity that might come only once and so urge them to corruptly enrich themselves to the maximum at the expense of the less privileged. The common phrase nowadays is “it is our turn to chop”.

It is now a common sight to see ‘men of timber and caliber’ turning out in large number to accompany an accused corrupt person to the court or law enforcement or anti-corruption agencies, on a solidarity mission; all aimed at intimidating the institution of justice. This is why, when we put all these together, no one would envy President Buhari on his committed crusade against corruption.

We make bold to say that corruption has virtually become the second name of the average Nigerian, therefore, it would not be entirely out of place to insinuate that whoever is fighting corruption should see himself as indirectly fighting the generality of Nigerians; and we all know what that entails.

Once asset declaration forms were filled and submitted by public officials to the CCB, it becomes a criminal act for any official of the CCB to allow any alteration to the document. Since the politicians had already sworn to oaths that whatever they filled in the forms as their assets was correct, they cannot come back to seek any amendment to any part or section of earlier information therein. That they even attempted to change their declarations at all should be seen as a criminal exercise as doing so amounts to forgery and should be so viewed and treated.

If we are truly serious about fighting corruption and rid of it from our system, all hands have to be on deck and support must be given to the government to do the needful, regardless of who is involved. The Anti-corruption hurricane has started gathering momentum, only the corrupt needs to fear the whirl wind.

Source: Newsverge

 

Arrest politicians seeking to alter assets declaration forms – CACOL

   

ALI GAMBO ABDULLAHI

An anti-corruption group, the Coalition Against Corrupt Leaders, on Tuesday called for the arrest of politicians seeking to alter the information already contained in their assets declaration forms.

The group said those engaging in the practice should be arrested and prosecuted for forgery.

In a statement by its acting Media Officer, Temitope Macjob, CACOL said once assets declaration forms were filled and submitted by public officials to the CCB, it becomes a criminal act for any official of the bureau to allow any alteration to the documents.

It said since the politicians had already sworn to oaths that everything they filled in the forms as their assets was correct, they could not come back to seek any amendment to any part or section of information therein. CACOL, however, expressed dismay over what it described as the seeming ineffectiveness of the anti-corruption agencies in the country, especially the CCB.

The group said it was shameful that the CCB, whose activities were basically anchored on the principle of accountability and probity on the part of public officers, had been poorly discharging its responsibilities.

According to CACOL, the CCB is not properly handling the assets declaration forms already submitted to it by politicians.

The group said, “Information reaching us has shown that the CCB seems to be complicit in the exercise to the extent that the bureau simply grants politicians unfettered access to assets declaration forms earlier submitted to it to be altered having seen that the new regime is not taking it easy with those who made anticipatory and false declarations.

“The forms were not even properly kept; when one gets to the CBB offices, constitutional process for accessing these forms is not strictly complied with. The forms are left in open shelves and, at times, on the desk where the forms could even disappear, thus allowing a declarant to easily alter what he/she had earlier declared.

“Corrupt CCB officials engaging in this criminal act should be warned to desist forthwith and be made to realise that the fate of the accomplice in a crime is as grave as that of the perpetrator.”

 

Source: The Punch.

 

 

SARAKI’S ARRAIGNMENT: A POINT HAS BEEN PROVED- CACOL

The Coalition Against Corrupt Leaders (CACOL), while reacting to the arraignment of the senate president, Senator Bukola Saraki, on Friday, 18th September, 2015, believed that a vital point has been proved by this singular action by the EFCC and called on the Nigerian public to acknowledge this fact.

It’s worth recalling that CACOL, like some other well-meaning individuals and organizations, has consistently been advocating the strengthening of our institutions, especially those serving as avenues for law and justice, if our clamour for entrenching the culture of respect for the rule of law, recognition of its supremacy, equality before the law, enforcement of the law and of course, unbiased but upright judicial system, as a veritable means of stemming the alarming tide of corruption in our country, is to be taken seriously.

The Executive Chairman of the Coalition, Debo Adeniran has reminded Nigerians that, Buhari’s administration was voted in mainly to effect a positive change into the system and having collectively agreed that corruption has remained our No. 1 enemy of progress as a nation, we owe it a duty to collectively give every support possible to this government in its fight against the monster that has ravaged our nation for this long.

Adeniran has bluntly refused to buy into all the sentiments of witch-hunting, vendetta and the likes, as being expressed by some subversive elements in the society, as basis for what we are recently witnessing. He queried, “What is all this noise about witch-hunting, selectiveness or vendetta or whatever they want to call it? To me, it’s all bal-da-dash. Let’s even agree that the CCB’s action is selective, the reasonable question here should be; does it have a case at all against the accused?

“If the answer is yes, then why all the fuss? Assuming only 5 out of 20 thieves are been selected for prosecution, does that remove the fact that those five are thieves? The point I believe these critics should rather address here is; if thieves are selected, there is no way you could be among those selected if you are not a thief; and if you believe you have been selected in error, appear before the court and prove your innocence. I believe that settles it.”

CACOL posits that Senator Saraki is a Nigerian, a law-maker representing the people of Nigeria; he’s been arraigned before a competent court to answer to charges made against him; guilty or not, he has to appear.

We also warn those mischief-makers to desist from politicizing every step taken by the government or any constituted and competent arm of the government, towards achieving a given end. Whatever intra-party or inter-party crisis that may exist within the polity should be of less interest to the Nigerian public; rather, what should be of paramount interest should be that of our collective wish as a nation. The fight against corruption should be seen as a collective one; therefore this administration needs the support of all in order to succeed.

We must all realize that, it is Saraki today; it certainly would be somebody else tomorrow. The CCB must not only be effective but must be seen to be AND it just has to start from somewhere.

 

Temitope Macjob

Acting Media Officer, CACOL

temitope@thehumanitycentre.org

cacolc@yahoo.com

19th September, 2015.

 

 

For more press releases and statements, please visit our website at

                                     www.cwatch.thehumanitycentre.org

ALLEGED FORGERY BY SENATORS: STOP THE BUCK-PASSING, CACOL TELLS POLICE AND THE AGF

Image result for nigerian senate house

The Coalition Against Corrupt Leaders, CACOL has expressed dismay at the news report quoting the police placing the delay in prosecuting the case of alleged forgery of the senate rules by certain members of the National Assembly at the doorstep of the office of the AGF.
The Police, in a statement, attributed the delay in the prosecution of those indicted in their report on the investigation into the alleged forgery of the Senate Standing Rule 2015 to a civil suit by a group seeking an injunction to stop the matter in court.
The allegation which was brought to the fore was sequel to a petition by Senator Sulaiman Hunkuyi of the All Progressives Congress from Kaduna State, claiming a criminal act of forgery was committed by some yet-to-be named members of the upper chamber of the National Assembly in connivance with some management officers in the Senate rules; an act which allegedly facilitated the controversial emergence of certain principal officers of the Senate in the last elections on the floor of the House.
In the report; the police had claimed to have carried out its investigations thoroughly during which some senators as well as management officers were interrogated at different times after which it produced its report and accordingly forwarded same to the office of the AGF for further actions which include giving legal advice and recommendations on the matter.
But, according to the police, the office of the AGF, rather than do the needful, choose to embark on a delay process by returning the said report to the police, asking it to do further investigation on the case. Whilst the police insisted it has since returned the report to the AGF’s office, the latter denied ever receiving any such thing, and so the buck-passing game continues.

Reacting to the news, the Executive Chairman of CACOL, Debo Adeniran has wondered with dismay how a criminal case of such magnitude could be toyed with by those whose responsibility is to ensure prompt dispensation of justice at all times.
“CACOL believes that when an allegation of crime is made against a lawmaker or group of lawmakers, in any sane society, one would have expected that every process of investigation and possible prosecution be expedited with all the seriousness it deserves and without unnecessary delay whatsoever.

“For crying out loud, we are talking here about the senior representatives of the people entrusted with the noble task of making laws for us. So why all this blame game and buck-passing? Both the police and the AGF should sit up and do the needful. They should be told loud and clear that this is one case that cannot be swept under the carpet. Nigerians are eager to know the findings of the probe; they want to know the truth. Criminals can’t be made law-makers.

“For those who would precise over the making, unmaking and adjustments of the body of laws with which our lives will be administered, Nigerians cannot afford to tolerate them to be people of questionable character and until this present allegations are cleared, everybody that have been accused of the crime will be viewed by Nigerians as still of doubtful integrity”, Adeniran said.

 

Temitope Macjob

Acting Media Officer, CACOL

temitope@thehumanitycentre.org

cacolc@yahoo.com.

15th September, 2015.


For more press releases and statements, please visit our website at

www.cwatch.thehumanitycentre.org

Alleged Forgery By Senators: Stop The Buck-Passing, CACOL Tells Police And The AGF

Senate-Chamber-1

The Coalition Against Corrupt Leaders, CACOL has expressed dismay at the news report quoting the police placing the delay in prosecuting the case of alleged forgery of the senate rules by certain members of the National Assembly at the doorstep of the office of the AGF.

The Police, in a statement, attributed the delay in the prosecution of those indicted in their report on the investigation into the alleged forgery of the Senate Standing Rule 2015 to a civil suit by a group seeking an injunction to stop the matter in court.

The allegation which was brought to the fore was sequel to a petition by Senator Sulaiman Hunkuyi of the All Progressives Congress from Kaduna State, claiming a criminal act of forgery was committed by some yet-to-be named members of the upper chamber of the National Assembly in connivance with some management officers in the Senate rules; an act which allegedly facilitated the controversial emergence of certain principal officers of the Senate in the last elections on the floor of the House.

In the report; the police had claimed to have carried out its investigations thoroughly during which some senators as well as management officers were interrogated at different times after which it produced its report and accordingly forwarded same to the office of the AGF for further actions which include giving legal advice and recommendations on the matter.

But, according to the police, the office of the AGF, rather than do the needful, choose to embark on a delay process by returning the said report to the police, asking it to do further investigation on the case. Whilst the police insisted it has since returned the report to the AGF’s office, the latter denied ever receiving any such thing, and so the buck-passing game continues.

Reacting to the news, the Executive Chairman of CACOL, Debo Adeniran has wondered with dismay how a criminal case of such magnitude could be toyed with by those whose responsibility is to ensure prompt dispensation of justice at all times.

“CACOL believes that when an allegation of crime is made against a lawmaker or group of lawmakers, in any sane society, one would have expected that every process of investigation and possible prosecution be expedited with all the seriousness it deserves and without unnecessary delay whatsoever.

“For crying out loud, we are talking here about the senior representatives of the people entrusted with the noble task of making laws for us. So why all this blame game and buck-passing? Both the police and the AGF should sit up and do the needful. They should be told loud and clear that this is one case that cannot be swept under the carpet. Nigerians are eager to know the findings of the probe; they want to know the truth. Criminals can’t be made law-makers.

“For those who will precise over the making, unmaking and adjustments of the body of laws with which our lives will be administered, Nigerians cannot afford to tolerate them to be people of questionable character and until this present allegations are cleared, everybody that have been accused of the crime will be viewed by Nigerians as still of doubtful integrity”, Adeniran said.

 

Source: universalreporters247.com

X-raying Buhari’s ministers-to-be September 12, 2015 : Fisayo Falodi 71 Comments

 

   

 

President Muhammadu Buhari

Some stakeholders in this piece by FISAYO FALODI highlight qualities President Muhammadu Buhari should consider before appointing his ministers this month

Scheming, lobbying and maneuvering for preference by politicians are some of the activities that are likely to dominate the polity this month as President Muhammadu Buhari is set to appoint members of his executive council as he has earlier promised.

Buhari, who many believed would name the cabinet members shortly after he was inaugurated in the second quarter of the year as the President of the Federal Republic of Nigeria, took expectant politicians and technocrats by surprise when he postponed the appointment till this month.

Explaining the reason for the delay, the President was quoted to have said in an article published on Washington Post that he decided to put off the appointment to enable him to make the right choice(s).

He justified his action by making reference to the United States President, Barack Obama, who did not have his full cabinet several months after he took the oath of office.

Buhari was quoted in the article as saying, “In Nigeria’s case, it would neither be prudent nor serve the interests of sound government to have made these appointments immediately on my elevation to the presidency; instead, Nigeria must first put new rules of conduct and good governance in place.

“I was elected on a platform of change. I know this is what the people of Nigeria desire more than anything else. I know they are impatient for action. I realise the world waits to see evidence that my administration will be different from all those that came before. Yet reforming my country after so many years of abuse cannot be achieved overnight.

“In our campaigns against both Boko Haram and corruption, we should remain steadfast and remember, as it is said, ‘Have patience. All things become difficult before they become easy.’”

Also addressing journalists at the recent African Union summit in Johannesburg, South Africa, Buhari attributed the delay to the late submission of the transition committee’s report on the previous administration to him.

The President had said that he was being careful to avoid making mistakes while appointing individuals to key positions such as in the ministries of finance and petroleum resources.

Buhari had said, “I was waiting for this report because I would like to know what position in the government especially in terms of finance and petroleum industry. So, I am not in a hurry to get ministers.

“I want to get ministers after at least I have seen the report because I don’t have to appoint a minister today and sack him the next week because this report would give me what actually happened in terms of security, economy of the country.”

The President’s explanation subsequently became a subject of controversy among some Nigerians. While many people welcomed the idea, critics described it as a demonstration of lack of preparedness for governance.

The critics also flayed the President for dissolving the boards of federal agencies when he had yet to appoint cabinet members for the smooth running of government.

According to them, Buhari’s action shows that he lacks a clear-cut plan for delivering dividends of democracy to the people.

But the National Chairman of the ruling All Progressives Congress, Chief John Odigie-Oyegun, and the founder of Latter Rain Assembly, Lagos, Pastor Tunde Bakare, defended the President’s action. While Oyegun said the delay was deliberate and cautious, Bakare said the President should be given enough time to think right.

Oyegun, who spoke against the backdrop of growing public concern over the slow pace of the APC-led government under Buhari, noted that the APC came with different manifesto and would need individuals that were passionate and understood what is required to be done.

Similarly, Bakare, who spoke during an interview at The Glory Christian Ministries recently, emphasised the President’s earlier claim he did not get the handover report until May 28, adding that the President’s committee did not have anything to work with.

As if he had studied the mood of Nigerians, Buhari during a joint press conference earlier in the week with Ghanaian President, John Mahama, gave the assurance that he was committed to his plan to form his cabinet before September 30.

The President said Nigerians and the international community were at liberty to query him if he failed to announce his ministers by the of September.

As Buhari sets to name the cabinet members, however, some stakeholders have asked the President to justify the delay in appointing trusted, patriotic and competent individuals with innovative ideas for change.

The stakeholders said such potential ministers should be able to hit the ground running after their confirmation by the National Assembly.

They urged the President to thoroughly subject the would-be ministers to discreet investigation to enable him to have information about their past before giving them national assignments.

The human rights community, represented by a lawyer, Mr. Femi Aborisade, asked Buhari to look out for people who had shown demonstrable conviction that, primarily, the philosophy of governance should be about using public resources for the improvement of the material wellbeing of the downtrodden.

According to him, Buhari’s cabinet should be peopled by those who have a track record of credibility, integrity and strength of character.

The activist said, “The next federal executive council should consist of people who enjoy positive public perception of not being corrupt or people who are not known or perceived to be corrupt.

“The President should bring on board people who have a track record of demonstrable concerns for public good, those who are known to have made sacrifices and spared some thought for public good and who have not merely made a mark only in their individual private businesses.

“The next ministers should be persons who are willing to serve the public without earning salaries or persons who are prepared to serve by earning salaries not more than 12 times the statutory national minimum wage, plus reimbursement of any incidentals such as transportation and/or accommodation when they travel or embark on public functions.

“Such persons should be knowledgeable in the practical functions or objectives of the ministry where they are to be chief executive officers. In this regard, professionals in each ministry and/or credible unionists working in given ministries, should be subject to popular election by their peers and recall once they fall short of public expectations.”

Above all, Aborisade asked Buhari to set up a standard that should be used to measure the performance of the ministers and other political office holders.

“The President should operate from the standpoint that once a minister or an adviser falls short of the standard or principles, such official should be made to resign or sacked outright,” he said.

An anti-corruption campaign group said Buhari’s government would achieve the desired result if he worked with persons with courage to resist temptation to dip hands in public funds.

The Executive Chairman of Coalition Against Corrupt Leaders, Mr. Debo Adeniran, said for Nigerians to enjoy realistic good governance in the next four years, Buhari should form a cabinet dominated by honest and unbiased persons.

Adeniran expected the President to have used the last three months to look for candidates with track record of achievements in previous positions.

“A cabinet position should not be for green horns and not for persons with national problems waiting to be surmounted,” he said, adding, “Ministers should be transparent in their duties and open-minded.

“They should be discretely assessed to find out if they understand economic issues which are absolutely essential to taking policy decisions that will lead to the well being of the citizens.

“They should possess the ability to form and lead an effective team of capable people, that is, ability to choose right people, making each member of the team work as a group, provide enough freedom to each member to manage affairs under their charge and ensure that members remain honest.”

Candidates for ministerial positions, according to the anti-corruption group, should have a banner without stain. They should not be politicians and technocrats with suspected cases of abuse of office or misconduct.

Adeniran added that the would-be ministers should have genuine love and concern for people without which they could stray into directions that could incite catastrophic consequences.

“It may not be out of place to conduct interviews and administer competence tests on potential ministerial nominees,” he said.

He said in line with the President’s example, ministerial nominees should be willing to publicly declare their assets, which include those of their spouses, children, siblings and dependants as soon as their nominations were confirmed.

The Manufacturers Association of Nigeria recommended experts or professionals by training with experience relevant to the proposed portfolios.

MAN President, Dr. Frank Jacobs, is of the opinion that the potential ministers should not be corrupt and incorruptible persons.

Jacobs believes that Buhari will cover significant millage in terms of fulfilling his campaign promises if he constitutes an executive team of highly principled people who have personal conviction on actions taken and ready to defend such actions.

While noting that fame or attention seeking-persons might lose focus if appointed as ministers, the MAN president said, “They should have a non-political mindset and not unduly interested in recouping campaign expenses.

“Buhari should look for persons who are not self-seeking, but ready to serve the nation. They should be individuals with focus on specific, achievable and measurable goals.

“They also should not pay attention to being politically correct, but ethically so.”

Source: The Punch.

Saraki, Dogara, Public Exposed Persons (PEPS) Should Publicly Declare Their Assets -CACOL

By admin   /   Tuesday, 08 Sep 2015 08:29PM
saraki_channelstvThe Coalition Against Corrupt Leaders has asserted that it is the turn of the number three citizen in the country, Senate President, Bukola Saraki, Deputy Senate President, Ike Ekweremadu, Speaker of the House of Reps, Yakubu Dogara and all public exposed persons (PEPs) including governors, ministers and those who work directly with the President such as the Secretary to the Government of the Federation and the President’s Chief of Staff should declare their assets and make it public to lead by example.

Speaking on behalf of the Coalition, its Executive Chairman, Comrade Debo Adeniran reiterated the Coalition position that the declaration of assets is the non-prosecutorial way of fighting corruption.

“There cannot be accountability, transparency and probity if we do not have a baseline with which we can determine how to measure how much each public exposed person accumulated while in office. It is only through this process of assets declaration and verification that we would be able to determine if their hands are clean; otherwise, it could become business as usual as experienced in the past regimes.”

Speaking further, Adeniran stressed that the current anti-corruption drive of the All Progressives Congress-led government would not be complete unless those occupying public offices can prove that they have not illegally enriched themselves.

“Once the leader has taken up the gauntlet, the followers need not be persuaded to do the same if they have not done so”. CACOL expect every public exposed person (PEP) to publicly declare his assets including his spouses and even his children because they naturally are going to be beneficiaries of whatever their principal makes while in public office. This will enable Nigerians to compare and contrast their net-worth at the point of entering with that at the point of exit.

According to the news, Shehu Sani was reported to have picked the queue after the President and the VP; an action we believe has thrown a challenge of integrity at the likes of the Governor of Kaduna State, Nasiru El-Rufai, who is currently contending with allegations of corrupt accumulation of assets. He should come out in the open to let us know if he has as much as has been ascribed to him.

CACOL is also using this opportunity to ask the regime to amend the laws that set up the Code of Conduct Bureau (CCB) to henceforth make public declaration of assets compelling as applicable. Unless it is made public, information contained in the forms submitted to the CCB may not be easily accessible to every member of the public wishing to verify its authenticity since not everybody has the resources to go to court to challenge the CCB if the latter refuses or fails to oblige.

He who cannot stand the heat should not go into the kitchen, if you don’t want to get wet, don’t jump into the water”. So once they have decided to serve in public office, they should ensure that everything about them, their spouses, their children, their sibling and other dependants are made totally open to all.

Democracy presupposes that public officers are employees of the people; their allegiance to their employers is not negotiable. It’s therefore incumbent upon them to give account of their stewardship to the same people that employed them and this includes, public declaration of what they had when coming in and what they have when going out”.

Source: Universal Reporters

 

CACOL condemns military brutality on innocent Lagosians


8 September 2015
1

 Sep 3, 2015

Chairman Coalition Against Corrupt Leaders, CACOL, Debo Adeniran, has condemned the recent military brutality on innocent civilians in Lagos State.

Speaking on a radio programme, Adeniran called on the Military Authorities to urgently do something to stop incessant assaults.

According to him, Nigeria was currently under democratic civil rule, and as such the military should therefore obey civil rule.

He said it was mandatory for the military to respect the rights of every Nigerian and should not subject citizens to unjustified and uncessary punishment.

Adeniran said the whole idea was to suppress civilians and prevent them from military authority.

The Human rights activist urged Nigerians whose rights were being trampled upon by the military to report to the appropriate military authorities.

Lawyers, major huddle before Buhari’s anti-graft war

   

Buhari and Nigeria Bar Association President, A. Alegeh

Lawyers, by their profession, are said to be major instruments needed to enhance smooth administration of justice, but as President Muhammadu Buhari appeals to them for support, MUDIAGA AFFE and GBENRO ADEOYE examines how they pose a threat to the anti-corruption war

Corruption in Nigeria has often been described as being widespread as no sector of the country’s economy can be said to be free of the scourge. It is a blot on Nigeria’s image and said to have hampered development of the country.

As a result, President Muhammadu Buhari, who made the fight against the menace one of the cardinal programmes of his administration, has initiated various measures to tackle the graft, going by a recent report that the President was planning to set up special courts in the 36 states of the federation and the Federal Capital Territory to aid the anti-corruption war.As regards anti-graft agencies, they are not in short supply in the country. Agencies like the Independent Corrupt Practices and Other Related Offences Commission, Economic and Financial Crimes Commission, and the Code of Conduct Bureau have been charged with the responsibility of fighting corruption. But justice in cases involving corrupt practices has largely evaded people in the high echelons of politics and business in Nigeria. And lawyers are seen as the best allies to some of corrupt individuals, helping them to evade justice.

For instance, it is believed that lawyers deliberately stall the trials of some moneybags, including politicians, facing charges of corruption and abuse of office by using series of frivolous motions including stay of proceedings, adjournments, interim, interlocutory and perpetual injunctions.

This is because laws are complex and could sometimes be open to several interpretations, which some lawyers skillfully capitalise on to thwart or delay justice. Experts say lawyers often help their clients obtain court immunity and injunctions retraining the police and other security agencies from investigating or prosecuting them, thereby frustrating the wheel of justice.

An example is the trial of former Plateau State Governor, Joshua Dariye, for corruption charges, a case that has stalled in court since 2007.

In September 2004, British authorities in London arrested Dariye for alleged money laundering and seized about £90,000 in cash from him. Dariye allegedly skipped bail, fled to Nigeria and resumed his office as governor, which granted him immunity from prosecution.

When the governor’s term ended in 2007, the EFCC charged him with 14 counts of money laundering. But after eight years, Dariye’s trial has yet to start following different kinds of motions filed by his counsel.

First, Dariye’s lawyers filed a motion in November 2007, asking that all the charges against him be dismissed. Justice Adebukola Banjoko denied the motion, but his lawyers appealed the ruling. So, Banjoko halted the proceedings pending when Dariye’s appeal would be heard.

The appellant had contended that the Federal Capital Territory High Court lacked jurisdiction to entertain the suit since the alleged offences involved funds belonging the Plateau State Government.

He thus argued that he ought to have been tried in Jos and urged the court to quash the entire 23 counts preferred against the former governor.

Dariye’s appeal failed on every issue but by the time the ruling was handed down in June 2010, it had been three years since he first appeared in court.

In December 2010 when Banjoko announced that Dariye’s trial would commence in January 2011, his counsel stood up to announce that another appeal had been filed with the Supreme Court. The court halted the proceedings again until the appeal would be heard. But the Supreme Court in February 2015 dismissed Dariye’s interlocutory appeal which had stalled his trial since 2007.

Justice Sylvester Ngwuta who delivered the lead judgement described the scenario played out in the entire case as a “sad commentary” on Nigeria’s fight against corruption.

In a unanimous judgement by the five-man panel, the court ordered the accused to return to the Federal Capital Territory High Court in Gudu, Abuja, to face his trial.

The Supreme Court described as unmeritorious, Dariye’s appeal against the earlier decision of the Court of Appeal, Abuja, on his preliminary objection challenging the competence of the charges instituted against him and the jurisdiction of the FCT High Court to entertain the suit.

Justice Chima Nweze, while concurring with the judgement, also frowned on the attitude of politically exposed persons to deploy tactics to delay corruption cases instituted against them, as exemplified in Dariye’s case.

He held, “I have noticed a most worrying trend in most recent time, particularly among the politically exposed citizens of this great country, imagining that they are above the laws of the land, have perfected some awkward and baseless tactics of delaying their trial when they run into conflict with the law.

“The appellant in this appeal falls into this category. In 2007, about eight years ago, leave was granted to the respondent to prefer charges against him. He was duly arraigned before the High Court of the Federal Capital Territory.

“On November 13, the date set aside for the prosecution to marshal its witnesses, he implored the trial court to quash the charges against him on the grounds that the trial court lacked the jurisdiction to hear and determine the charges.

“When the application was dismissed, he proceeded to the Court of Appeal, Abuja Division, which held and dismissed his appeal. Instead of returning to the trial court to face his trial, he appealed against the lower court’s judgment. I agree that this appeal is unmeritorious.”

The Economic and Financial Crimes Commission had, on July 13, 2007, arraigned the former governor on 23 counts of money laundering and other corruption charges allegedly involving “billions of naira” belonging to the Plateau State Government.

The agency had also accused the former governor of among others, diversion of about N1.2bn of the state’s ecological funds into a private account.

When a suspected oil subsidy thief, Mr. Seun Ogunbambo, was arrested by the EFCC in 2012, it was discovered that he had earlier jumped bail after being arraigned for suspected identity fraud, bank fraud and other related offences. Ogunbambo had allegedly collected a loan facility worth over N430m from a bank between February and September 2009.

After being denied bail in the matter by a Lagos High Court, Ogunbambo had approached another court to secure the bail.

Once after failing to appear in court, his lawyer, Raphael Oluyede, had told the court that he was absent because he had been attacked by some gunmen, who had wanted to abduct him.

But some months later, in a separate case involving Ogunbambo, Oluyede said he did not know the whereabouts of his client, telling the court that the last time he saw Ogunbambo, he had sustained an injury which affected his spinal cord.

Oluyede said since then, he had been unable to reach him because of his injury and the nature of his treatment. He however asked the court to grant him leave to discontinue his representation of Ogunbambo.

At the time, the EFCC claimed it had information that Ogunbambo, who was also charged with N979.6m subsidy fraud, had jumped bail and fled the country to Canada.

EFCC counsel, Emmanuel Oluyede, had described Ogunbambo’s actions as “an abuse of court process” capable of making “criminal law look like a toothless bulldog.”

According to reports, Oginbambo has not been sighted in the country since then.

Meanwhile, according to the Human Rights Watch in a 2011 paper titled ‘Corruption on Trial? The Record of Nigeria’s Economic and Financial Crimes Commission’, lawyers’ tactics at delaying trials pose a major threat to the country’s fight against corruption.

The report also noted that cases of corruption against many former governors have been pending for years, as far back as 2007.

Buhari seems to agree with the assertion of HRW, considering his address at the 55th Annual General Conference of the Nigerian Bar Association in Abuja recently.

There, the President urged lawyers not to sacrifice the integrity of Nigeria’s legal system for money.

At the gathering, Buhari said, “First, we need to make our courts functional and effective again. This means that we must have lawyers who take the ethics of the profession very seriously; lawyers who will not frustrate the course of justice, even though they defend their clients with all legitimate means and resources.

“Nigeria needs ethical lawyers who always keep the end of justice in mind and will never sacrifice the integrity of the legal system to cover the misdeeds of their clients, no matter how lucrative the brief may be.”

However, in his reaction, the Executive Chairman of the Coalition Against Corrupt Leaders, Debo Adeniran, urged Buhari to do more than appeal to the lawyers’ moral conscience.

Adeniran described criminal justice in Nigeria as being lax, noting that courts are not being properly supervised by the National Judicial Council.

He said, “Beyond that, Buhari should empower the NJC to observe all court proceedings and ensure that anybody who deliberately delays adjudication or wastes the time of the court should face the music.

“Sources of income of lawyers should be investigated because they are the conduits through which some of the looters and corrupt elements launder money. They write receipts for the consultancy they didn’t do at exorbitant rates. That is why you see some of them hands in gloves with corrupt elements.”

Also, Adeniran urged the government to put a cap on the amount of money a lawyer can receive as legal fee per case, saying “it should not be limitless.”

He said, “If a few of them lose their practicing licences, they will sit tight. If the lawyer knows that there is a third eye looking at proceedings, they will also want to take heed and ensure they don’t engage in any fraudulent practice to circumvent the course of justice. All these frivolous applications and the challenging of jurisdiction should stop.”

Also, a lawyer and social commentator, Mr. Jiti Ogunye, said that corrupt lawyers and judges only function in an environment permissive of corruption.

“Now that we have a President that says that he wants to fight corruption, once that tone is set, it is likely that lawyers and any other person will take a cue and will be ashamed of what they were doing before to frustrate the prosecution of criminal cases.”

He called for the reformation of Nigeria’s criminal procedure law, however, adding that the recent promulgation of the Administration of Criminal Justice Act would go a long way to curb the problem.

Ogunye said the Act should be domesticated in all states of the country to encourage an effective justice system.

He said, “More than that, all the interlocutory applications that were allowed by the extant criminal procedure laws have now been abolished by the new act. Now, we have a situation where lawyers object everything.

“But with the Act, you will be allowed to raise your objection, argue it, but you cannot appeal it.”

The lawyer also noted that Buhari’s appeal to the legal professionals should not be misunderstood to mean that lawyers should not defend persons charged with criminal cases.

He said, “The president was saying that there is a distinction between defending a criminal suspect and fabricating defence for him and doing unethical things in order to outsmart the justice system, confuse the issue and subvert the course of justice.”

He however called for the punishment of lawyers found to be delaying the course of justice, saying Buhari’s appeal alone would not deter them.

“It’s embarrassing that a former military man is the one telling lawyers to fight corruption because we should be the ones championing the cause as lawyers,” he said.

Meanwhile, with less than 50 days to the end of its mandatory 180 days to give judgment on cases before it, the National and state Houses of Assembly Election Petition Tribunal in Cross River State has warned lawyers that it will no longer tolerate delays.

The tribunal, presided over by Justice Christopher Awubra, had during the commencement of sitting on May 12 warned lawyers to desist from making frivolous applications and requests for unnecessary adjournments.

Source: The PUNCH.