Viewpoint

January 2, 2023

Plea bargain, forfeitures: Antidote to corruption?

Nigeria drops in Transparency International Corruption Perceptions Index, ranks 149 out of 183 countries

By BRAEYI EKIYE

I AM wondering if plea bargains and forfeitures of fraudulently acquired properties by known financial and economic crimes perpetrators can negate the devastating effect of corruption in Nigeria’s socio-political, financial and economic space. Why is it that the fight against hydra-headed corruption has been very difficult, with no insight into a solution? 

Why is it that the numerous anti-corruption institutions put in place, together with the Nigeria Police Force and the Judiciary, have proved helpless and totally overwhelmed by this ‘mass of bodies’ called corruption? The Economic and Financial Crimes Commission, EFCC, recently recovered N30 billion from the suspended Accountant-General of the Federation, Ahmed Idris, over alleged N109 billion money laundering charges, according to Nigerian newspapers, electronic media and social media platforms. 

The anti-corruption agency chairman, Abdulrasheed Bawa, stated this at the weekly ministerial briefing organised by the Presidential Communication Team at the Presidential Villa, Abuja. This mind-blowing revelation is coming barely four weeks after a High Court of the Federal Capital Territory, FCT, sitting in Maitama heard that Idris had voluntarily returned about $900,000 in cash to the Federal Government. The court also heard how N84.7 billion was taken from the $2.2 billion due to the nine oil producing states, and shared by some senior government officials. 

What a country! Beating his chest, like King Kong, the EFCC boss, Bawa, said that “one of the ‘major investigations’ we did was that we arrested the Accountant-General of the Federation.” Speaking further with reporters as part of the agency’s report card display at the Presidential Villa, Bawa revealed that the EFCC had so far recovered about N136 billion from various sources and remitted the same to the Federal Government in the past seven months. He stated that the recovered loot included various proceeds of corrupt practices and was denominated in both local and foreign currencies, and that “the funds are to be committed to funding major ongoing infrastructure projects such as the Abuja-Kano Highway, the Second Niger Bridge, and the Lagos-Ibadan Expressway, among others.” 

According to Bawa, the breakdown of funds included N120 billion, $29 million, 6.6 million euros, and about 1.1 million pounds sterling, all of which aggregated to $136, 651, 505 and N114 billion in local currency. Aside from this unimpressive report sheet dished out to insult the sensibilities of Nigerians, going by the known humongous financial crimes committed by civil and public servants and politicians, the ex-AGF Idris is to forfeit $899.900, N304.5 million, and 15 choice properties scattered across the country.

 That Idris and others, who were entrusted with Nigeria’s patrimony and its judicious allocation to the Federal Government and its federating units, including other obligations, decided to help themselves and unashamedly dipped their soiled and corroding leprous fingers into the national “till” is unfortunate. 

It speaks volumes about the present decay in our country – its political, economic, and moral decay, which has gone unchecked since Nigeria became independent in 1960. The greater majority of Nigeria’s population of over 200 million, who wallow in abject poverty, lack and want in the midst of plenty, are not amused at such publicity stunts packaged as a report card of these anti-corruption agencies, or even those of other ministries and parastatals of government, whose officers and their conniving vendors are neck-deep in these despicable economic and financial crimes. 

Regrettably, other senior officials of some government agencies were similarly found to have  helped themselves to billions of Naira for projects under their supervision! But while the EFCC has done its duty by investigating, arresting and posecuting these corrupt individuals, some of them have been discharged and acquitted  by the courts on technical grounds. 

Going by these acquittals and other corruption cases that have been languishing in the coolers for far too long, there is no hope of effective prosecution and conviction to serve as a deterrent to would-be hitchy fingers in our private and public institutions. It’s like a broken record separating itself with the same old story of graft, injustice and other economic and financial crimes perpetuated daily against the state.

 The question thus arises: Why, with the plethora of known high profile cases of these crimes committed over the years, have most of the cases yet to be conclusively investigated for the culprits to be brought to justice?

 The point is that as long as obvious thieves, such as oil robbers, are treated with kid gloves and a warm handshake for their corrupt practices, public and private servants, politicians and their collaborators will see nothing wrong with dipping their hands into government coffers to satisfy their lavish lifestyles at the expense of the state and its largely poor and deprived. Compounding self-seeking leaderships, for which we all agree and are fired up over time, and leaderships with no knowledge of the application of “Regulatory Command” over subordinates, it thus becomes a free for all enterprise for fraudulent practices. 

Another nauseating aspect of our mutual hypocrisy and agreement to accentuate these huge financial and economic crimes against the state is the inappropriate introduction of plea bargains and forfeiture of stolen loot. How can this be defended? If I know that I can steal public funds entrusted to me at will, and the only punishment is to forfeit part of this loot and go scot-free, it encourages such crimes to thrive and flourish like the cucumber farms. 

This criminal circle grows stronger, while the state and its impoverished citizens become the unavoidable victims. Should plea bargaining and forfeiture of stolen monies and properties by these known and implicated criminals in our society be the way out in our fight against corruption? 

*Ekiye, publisher of EnvironmentWatch, wrote from Yenagoa, Bayelsa State