Anti-Graft War: Another look at our judiciary
Haven’t we (as a nation) come to the correct awareness that justice and respect to human rights is critical and central to the future and progress of our nation? How do we intend to build a truly virile polity that will ultimately organize an independent, dependable and incorruptible judicial system with a notion of social […]
Haven’t we (as a nation) come to the correct awareness that justice and respect to human rights is critical and central to the future and progress of our nation? How do we intend to build a truly virile polity that will ultimately organize an independent, dependable and incorruptible judicial system with a notion of social equity and progress where the abuse of public offices for private benefit is discouraged?
If the Economic and Financial Crimes Commission as an institution of government particularly under its current leadership has resolved to take the crusade against corruption to a level that will be beneficiary to all and sundry and if the quality of service in our public life is to be altered to the appreciable standard of the civilized world, every attempts at consolidating on the gains of the crusade should be the desire of all. Deterrence should be encouraged. For this deterrence to be served therefore, sufficient firmness must be demonstrated. This, I suppose should be the position of all stakeholders to which the judiciary should remain a voice. Little wonder the judgment has generated huge hues and cries. This kind of judgment, as observed by the prosecution, EFCC, if not challenged is capable of deepening the menace of corruption in our country rather than contributing to the cause of justice which is the basis of sustaining our democratic governance.
‘I have ever deemed it more honourable and more profitable to set a good example than to follow a bad one’, opined Thomas Jefferson. With the landmark judgment of Justice Olubunmi Oyewole of Lagos High Court in the Bode George case, I was tempted to believe that a good example had been set for the bench just as a new window of hope has been opened signaling a new frontier in the fight against corruption and that several of such judgment await other public officials who have overtly plundered their state while in the saddle or have abused their offices.
One thing is imperative at this critical time of our nation building when the judiciary is being hailed for rising to the challenge of delivering fearless judgments against the corrupt in our society; the culture of impunity and blatant disregard to decorum in positions of authority and natural law of justice must be eschewed from our national life.
Oftentimes, nothing profits more than self esteem, grounded on what is just and right. The prospects for strengthening good governance, accountability and transparency in leadership, and attempts to address the deplorable state of our infrastructural developments depend largely on the willingness and determination of the stakeholders, institutions of governments, political parties, civil society organizations and all and sundry to provide the checks required to nurture the emergence of a national context of social equity and progress.
If we think seriously about the future of our country, the challenge before us now is how to strengthen the EFCC and other collaborating institutions of government with a view to create platforms for commendation for good deeds, condemnation for those who are used to walking on the divide of evil. This explains why I would join my voice to those calling for total rejection of the so called hazy judgment and the need for an appeal to ensure that the case is taken to a logical conclusion given the enormity of evidence available for prosecution.
The time has come for the judiciary to accurately measure the dangers of corruption and move fast to stem its rancid consequences by ensuring that every constitutional abuse is punished by the law. Ironically, a person may cause evil to others not only by his actions but by his inactions, and in either case he is justly accountable to them for the injury.
When the judiciary ceased to be a venue for incipient miscarriage of justice, there will be a turning point in the crusade against corruption. This sort of judgment will dangerously make the incentive for corrupt practices attractive, even as it now inimically and seemingly serves as an encouragement for others providing a dangerous reference point in law. Worst of all, It was reported that the court in Asaba denied the EFCC lawyer immediate access to the Certified True Copy (CTC) of the judgment to enable the Commission tidy up its application for appeal despite the claim in the open court that the judgment was ready weeks ago.
Many local and international organizations expressed concern at the judgment because there were insinuations of judicial compromise since the case started in Kaduna. I wonder why the judgment merely confirmed the fears of Nigerians as there have been a number of concerns raised about the trial process in the local and international media. However, the independence and corruption of the judiciary is still a major issue. The trial of former Governor James Ibori is a trial of the Nigerian judiciary. The fact that state governors have political powers to determine the welfare of the judiciary in their state provides an alluring platform for the governors to pocket the judiciary. This on its own remains an issue for another day. This enormous political powers and wealth perhaps enabled the former governor to exercise unholy power over the judiciary in Asaba. There is a long way away from sanity in the whole judicial process in the country.
If we must enjoy the basic building blocks of decent life as a people and nation, there must be total commitment on the part of all to see the war through. Justice Olubunmi Oyewole of the Lagos High Court stood out as an indicator of courage and rare gusto. His verdict of deterrence has remained a reference point and a boost to the commitment of the anti graft agency to the fight against corruption. It has signaled silver linen in the darkest tunnel of the crusade giving a refreshing rebirth of hope. Honestly, when we have more of the Oyewoles on the bench, we are capable of creating an environment which could make corruption a very hazardous practice.
Whichever explanation or justification anyone may advance in favour of corruption, abuse of offices and privileged mandates, the truth is that Justice Marcel Awokulehin, James Onanafe Ibori and other travelers on this divide are guilty of all the goods they did not do while otherwise in their ability. Someday, the wind will blow and the romp of the fowl will certainly come to the open.
Akpoborie writes from Asaba