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| Lamorde and Nta |
PRESSURE mounted on the nation’s
anti-graft agencies on Sunday to thoroughly investigate and prosecute
the 12 serving governors being investigated for fraud and
misapplication of public funds, when their terms expire.
The agencies – the Independent Corrupt
Practices and Other- Offences Commission; and the Economic and
Financial Crimes Commission- had said that they had started
investigating the state chief executives following petitions against
them.
Prominent lawyers and civil society
groups on Sunday said the EFCC and the ICPC should not only be diligent
in their investigations, they should also prosecute the affected
governors immediately they leave office.
Section 308 of the 1999 Constitution
confers immunity against prosecution on serving President, Vice
-President, governors and their deputies.
Three prominent Senior Advocates of
Nigeria - Prof Itse Sagay, Chief Afe Babalola and Mallam Yusuf Ali -
in separate interviews with our correspondents on Sunday, said the
anti-corruption agencies were right in their investigations of the 12
governors.
Sagay said, ““What the anti-graft bodies
are doing is absolutely correct. There is a Supreme Court decision
which clearly states that the EFCC and the police have a right to
investigate the activities of current governors while they are still in
office but cannot prosecute them during that period.
“But they can investigate them and
document their findings and then use the information for prosecution if
necessary when their term of office expires. Since ours is a country
that is overwhelmed, paralysed and suffocated by corruption, then I
think it is the right path to take.”
Babalola said while there is a
constitutional provision that forbids governors from being prosecuted
while in office, “there is a provision that says that a serving governor
can be investigated.”
“About 10 years ago, (former Lagos
State Governor Bola) Tinubu case in which I was involved with the late
Chief Gani Fawehnmi, the court ruled that Tinubu could be investigated
but could not be prosecuted while in office. In other words, you can
only prosecute him when he leaves the office. But you can investigate
and keep the file,” he added.
He also called for the prosecution of past governors and other public officials that had been involved in corruption.
“Any past public official or any person
involved in corruption should be prosecuted. That is the wish of a
majority of Nigerians and I join them in calling for the prosecution of
anybody believed to be involved in corrupt practices,” Babalola said.
Ali, who is the Chairman, Anti
Corruption Commission of the Nigerian Bar Association, said the steps
taken by the EFCC and the ICPC were in order, submitting that the war
on corruption must be holistic.
According to him, anybody who has ever
been in position of leadership in Nigeria and had been accused of
corruption should be investigated and prosecuted.
He said, “We have this culture of
impunity and collective amnesia about corruption. We must make
distinction between allegations and viability of such acts. We are
getting used to investigation of alleged corrupt public officials.
“Over the years, we have been hearing
allegations of corrupt practices against some governors. How many of
them have translated into conviction in court of law.
“Anti-corruption agencies must be ahead
in terms of personnel, knowledge and the wherewithal to get at the root
of these allegations.Nigerians who make these allegations must be
prepared to stand up and see them through.”
Also, President of the Campaign for
Democracy, Dr. Joe Odumakin, said, “They (anti-graft agencies) should do
a painstaking investigation that would lead to diligent prosecution.
But the way they have handled many similar cases before does not give
the confidence that these too will not be bungled.”
Speaking in a similar vein, President
of the Nigeria Voters Assembly, Mr. Mashood Erubami, explained that
undue political interference in the functions of the anti-graft agencies
was largely responsible for their shortcomings.
He, however, posited that such reasons were not strong enough to prevent them from performing their functions.
He said, “ The ICPC and EFCC are
creations of the laws to deal with cases of corruption in the land.
Their jobs have been hampered by influential politicians who use their
positions to prevent the law from being used against those who are
politically exposed. Many are being arrested, but let’s look at how they
are being freed.
“The laws against corruption are strong
enough to discourage corruption in the land and if the institutions are
strengthened, they can take Nigeria to the promised land.”
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