Impunity with impunity

Impunity is defined as freedom from the consequences of an action, and means exemption from judgment, penalty, or punishment which effectively denies victims right to justice and redress and acting with impunity means acting without fear of consequences. Impunity is common in countries which commonly lack a tradition of the rule of law, suffer from […]

Impunity is defined as freedom from the consequences of an action, and means exemption from judgment, penalty, or punishment which effectively denies victims right to justice and redress and acting with impunity means acting without fear of consequences. Impunity is common in countries which commonly lack a tradition of the rule of law, suffer from high levels of corruption, have entrenched systems of patronage, and have a weak judiciary and where members of the security forces are protected.

The United Nations Commission on Human Rights claim impunity arises from three failures by the State. Firstly failure to investigate violations and take appropriate action in respect of the perpetrators by ensuring that those suspected of criminal responsibility are prosecuted tried and duly punished.  Secondly failure to provide victims with effective remedies and to ensure that they receive reparation for injuries suffered. Lastly failure to ensure every citizen’s inalienable right to know the truth about violations and to take necessary steps to prevent any recurrence. This is a true reflection of the situation in Nigeria today. The failure of the State to investigate violations is legendary. Underfunded and politically compromised anti-graft agencies have developed a reputation for tardy investigation and prosecution. Even when investigations are complete and genuine prosecution is attempted a compromised judiciary which consistently fails to punish high profile offenders and plea bargaining where those who steal billions continue to live lavishly come into play.
 If the impunity is ethical and moral not criminal then government simply sets up a committee or panel to look into the matter and buries the report. Our inalienable right to know the truth is consistently denied us by incessant probes whose reports gather dust with no plan to ever make them public. Politicians and Civil Servants have perfected that art of burying reports which expose their impunity, consequently citizens continue to be robbed of their commonwealth and scarce resources while preventing future occurrences of the same acts is virtually impossible. At the 11th Daily Trust Dialogue former Minister of Petroleum Resources Jubril Aminu blamed the current culture of impunity on President Obasanjo who in his opinion developed a template which includes the use of self serving constitutional reforms, appointing political fixers into the corridors of power, and the use of the organized private sector and special accounts to fund presidential excesses. The Catholic Archbishop of Abuja, Cardinal Onaiyekan was quoted as saying “if we continue behaving the way we are, allowing impunity to continue and acting as if nothing concerns us we don’t need a prophet to tell us that it cannot hold together”. Impunity in the polity is so rampant that former Secretary General of the Commonwealth Emeka Anyaoku lent his support to the clamour for a reduction in the size and cost of governance.  Concerned over the unwieldy nature of government especially at the Federal level he claimed the chances of realizing our rightfully desired development objectives would be greatly enhanced if we restructure our present governance architecture.  It is annoying that we consistently fail to get things right. Exhibiting impunity of the highest order successive governments have treated the whole budgetary process as a mere formality with little bearing on real expenditure plans. Budget implementation is consistently abysmal and the executive act as though our wealth is their personal property to spend as they wish on self arrogated privileges. Impunity in Nigerian government results in budgetary underperformance, extra-budgetary expenditure and cash disappearances running into billions.
Public finances remain opaque and public funds misapplied as not one of our democratically elected presidents has considered transparency and accountability in government finances to be a priority. Central Bank Governor Sanusi Lamido Sanusi has said that much more than corruption the culture of impunity has hampered Nigeria’s development and promoted poverty. In his view the unpreparedness of “the country” to sanction corrupt persons had ensured the emasculation of the system. Unfortunately our security forces are trained in regime protection as opposed to people protection and as a result of their own impunity, anti-democratic practices and complete disregard for the sanctity of human life Nigerians have become afraid to speak out, so the powerful are not challenged, criticism is stifled and the lawlessness continues unabated. As Sanusi rightly pointed out not only politicians but also landlords, commercial drivers, police, smugglers, and the highest and lowest in society act with an impunity which has eaten so deep into the psyche of Nigerians that we no longer care about the consequences of our actions as long as we can get away with it.

This is a direct legacy from years of military government when impunity was rewarded, and Nigeria’s wealth was shared by those who could overthrow government, kill and plan coups. In view of the fact that no retribution came their way, Nigerians abandoned their cultural and traditional values which respected integrity and it became everyone’s dream to live a comfortable life through impunity. Many people believe impunity can only be successfully fought with impunity. Others who say this will only lead to a breakdown of law and order believe that the best method of fighting impunity is to relentlessly seek justice for the victims. Regrettably Federal Government agencies as well as security forces are notorious for not complying with Court judgments. Decades of abuse has conditioned the minds of Nigerians to see impunity as standard operational procedure in all walks of life and with no example of Mandela like selfless leadership the situation is not about to change. If there is one assertion about the Nigerian character that can be made with all confidence it is that we will continue to act with impunity with impunity!