Let the fines go round

Among noticeable changes soon after General Muhammadu Buhari (GMB) became PMB (President Muhammadu Buhari), was that some organisations that were ‘slumbering’ suddenly woke up to activity.  Cynics call it eye service, aimed at making the oga patapata at Aso Rock see them as working and justifying their establishment. For example, we hardly heard of the […]

Among noticeable changes soon after General Muhammadu Buhari (GMB) became PMB (President Muhammadu Buhari), was that some organisations that were ‘slumbering’ suddenly woke up to activity.  Cynics call it eye service, aimed at making the oga patapata at Aso Rock see them as working and justifying their establishment. For example, we hardly heard of the Code of Conduct Bureau. We only become aware of them generally, when some highly placed officials are declaring their assets publicly. As for the Code of Conduct Tribunal (CCT), for some of us, it looks like an apparition, whereas it had always existed, at least since inception of the 4th Republic, over 15 years ago. These organisations may argue that they had been doing their work silently. Thanks to arraignment of a very big fish, the number three citizen of our country, Senate President, Dr. Bukola Saraki, people are becoming increasingly aware of the CCT’s activities. Advent of internet and explosion in number of media have enabled and made people to follow its proceedings with rapt attention. If my memory serves me right, the first high profile case of the CCT involved former Lagos State governor, Senator Bola Tinubu in 2011, four years after he completed a two term tenure in 2007.
 And the EFCC (Economic and Financial Crimes Commission) which is more popular than the CCB has been barking, seemingly more than ever, since the new president took over in Aso Rock. In advanced countries, as I gathered, details about a case and even identity of the accused are not often divulged until the matter commences in court. Reverse is the case here. In Nigeria names of accused persons as well as details of the crimes allegedly committed by them are freely given by the anti-graft agency to be splashed on newspapers/ air waves/ social media even when the  agency is still investigating to determine whether they should be charged to court or not. So far, what EFCC has been doing is barking, not biting. 
Nonetheless, there are some organizations that are now biting and biting real hard. Among them are the National Communications Commission (NCC), the Central Bank of Nigeria (CBN) and the National Electricity Regulatory Commission (NERC). Ironically, these are organizations that had always let things pass by. Latest of these bites is the one billion naira fine on Guinness Nigeria plc by the National Agency for Food and Drugs Administration and Control (NAFDAC) relating to expired raw materials. You might say that this amount is chicken change for an international company like Guinness which rakes in billions of naira profits yearly. In the eyes of we ordinary and average Nigerians though, it is big money … just imagine what one billion naira can do for the average Nigerian…
Come to think of it. NAFDAC is better known for approving products for consumption with its famous ‘NAFDAC number’. We are enjoined to look out for NAFDAC number before making purchases. Manufacturers of goods without NAFDAC’s number are never sanctioned as such; instead, the onus is on consumers to “shine their eyes” and voluntarily shun such products. There are a thousand and one products without NAFDAC’s approval numbers while some manufacturers even stamp fake NAFDAC numbers on their goods to deceive the public. NAFDAC hardly descends on them; at best, like its counterpart, Standards Organisation of Nigeria (SON), it confiscates the goods for destruction. Now, NAFDAC has apparently decided to step up its watch-dog role by not only barking but also biting with this N1bn fine on Guinness.
 Can you imagine that the National Electricity Regulatory Commission (NERC) is also showing off its teeth? It recently fined Abuja Electricity Distribution Company (AEDC) N18m for alleged negligence in the death by electrocution, of Faith Yakubu aged eight years. While some critics consider the over N1tr fine slammed on MTN by NCC as more than a slap, I view this N18m sanction on AECD as less than a slap on the wrist. CBN had fined Skye Bank N4bn, First Bank N1.87bn and United Bank for Africa, about N2tr for infractions on the new Treasury Single Account. Financial Reporting Council of Nigeria had also fined Stanbic IBTC Bank N1bn for “misrepresentations” in its 2013/2014 Statement of Accounts 
Pray, does N18m equate the death of someone? In truth no amount of money can compensate for demise of a human being. So why is NERC asking Abuja Disco to pay this ridiculous sum for murder? Is it because it involved a minor? Is this little fine likely to deter the electricity distribution companies from their notorious negligence? How many fire outbreaks, resulting to loss of lives and properties are traceable to electricity surges from our public electricity supplier? Uncountable. How many people had been compensated? Ostensibly, the regulatory authority is now ready to draw a line and take action. But its fines should be commensurate with the crime or offence.
 So far, organizations that have been fined are willing to pay up; some have in fact complied, save for MTN which is asking for a reduction and Guinness which infers that NAFDAC did not get its facts right while Stanbic is contesting FRC’s sanctions in court.   A  Federal High Court in Asaba has just ordered Sterling Oil Exploration and Energy Production Company Limited to cough out the N68m imposed on it by the National Oil Spill Detection and Response Agency (NOSDRA) for not reporting an oil spill that occurred at Okwuibomo Location C, on March 5, 2011.
Also, so far, institutions that have been slammed with fines for breeches are private-sector organizations. Shall we also see public organizations being so sanctioned for flouting our laws?  Can the National Human Rights Commission, for example, fine the Nigeria Police for unlawful detention of persons beyond what is prescribed by law and other breeches of peoples’ fundamental rights like torture, etc., for the unlawful killing of unarmed civilians by policemen?  Can INEC sanction political parties and individuals for breach of electoral laws during elections? And so on and so forth.  This season of fines should run it’s full circle. After all, a new Sheriff is in town.
IKEANO can be reached on [email protected]