THE Lagos State Government appeared to demonstrate seriousness in curbing corruption when the Governor, Babajide Sanwo-Olu, recently signed the Public Complaints and Anti-Corruption Commission Bill 2021 into law. The new law seeks to promote accountability and transparency in the governance process. Sponsored by the executive arm, it nudges the state government to establish an anti-corruption agency to investigate and prosecute state government officials and registered contractors indicted for economic crimes and financial misappropriation.
Similar anti-corruption agencies have taken off in Oyo and Kano states. It is a worthy model that other states must urgently emulate to curb underhand dealings in the private and public sectors, including local governments. The groundswell of corruption in states indicates largely that it is an emergency.
Disturbingly, the new law strips federal agencies such as the Economic and Financial Crimes Commission, the Independent Corrupt Practices and Other Related Offences Commission and other anti-graft agencies of the sole powers to prosecute corruption cases involving state public officials. The anti-graft agencies are thus to hand over such corruption cases to the state government.
The offensive provision states that the state anti-graft will “take over the investigation of all anti-corruption and financial crime cases involving the finances and assets of Lagos State Government being investigated by any other agency.” It further stipulates that the new anti-corruption agency now has the exclusive rights to investigate financial crimes and corruption cases involving the finances of the state government. This is wrong.
Corruption is a serious crime. The law appears specifically prepared to shield the strong and the powerful from the federal anti-graft agencies. Fighting corruption demands a whole of government/whole of society approach.
The state should work closely with the federal agencies, as well as the private sector and civil society organisations.
Nigeria dropped to 149 on Transparency International’s 2020 Corruption Perception Index, the worst ranking received by Africa’s largest country in recent times. The index showed that the country is now the second most corrupt country in West Africa with Guinea-Bissau being the only country more corrupt than Nigeria in the sub-region.
Corruption stifles key developments critical to outstanding industrial and economic growth in Nigeria. Thus, dubious, and greedy public officials continue a looting spree while the courts are littered with pending corruption cases and those convicted only get a slap on the wrist. Sadly, pillaging of public funds is now a game of big looting among insatiable politicians and public servants who see their enviable offices as an opportunity to decadently enrich themselves.
Since the return to democracy in 2009, many ex-governors had been under the radar of the EFCC after serving out a term or two. During the tenure of Nuhu Ribadu as the pioneer EFCC chairman, in 2006, he presented a report to the Senate, which indicted 31 of the 36 state governors. In December 2019, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, said about 22 former governors were either on trial or facing investigations over corruption allegations.
Sleaze is synonymous with public office in Nigeria. A former governor of Taraba State, Jolly Nyame, was convicted and sentenced to 12 years imprisonment for N1.6 billion corruption charges. His counterpart in Plateau State, Joshua Dariye, also had his day in court and was sentenced.
The Lagos State Government must adequately fund the agency to deliver optimal performance and attain autonomy. It must operate freely and unencumbered by the institutional bureaucracies and administrative blockage that have hindered the attainment of the corporate goals of the federal anti-graft agencies. Upstanding citizens with proven integrity should be appointed to execute the agency’s mandate. Training and retraining of the agency’s workforce ought to be exemplary and sustained.
The governor should be aware that he has a date with history if the agency delivers on its core mandate to nobly discard the political robe critics have dressed it in. It is the projected foothold that will determine its lifespan even under a new administration. The establishment of special courts for speedy trials of suspects should be considered by the agency to dispense the law justly. It will be dangerous if the law ends up as a mere political tool to protect the powerful from being brought to justice.
The wheel of justice grinds too slowly in cases involving corrupt and influential politicians. This is an area the state anti-graft agency must overturn. The US last month affirmed this in its ‘2020 Country Reports on Human Rights Practices,’ when it noted that many corruption cases, particularly high-profile ones, remained pending before the courts due to administrative or procedural delays in Nigeria. It accused authorities in Nigeria of massive corruption in 2020.
The leadership should be seen to be above board and spur workers to excellence. To inspire confidence in the citizenry and assure the agency of a non-interference policy, the state government must democratise governance. The veil on its activities must be removed. There is so much secrecy in the state’s governmental processes. The agency will at best be a paper tiger if the state refuses to open governance to public scrutiny. Civil society organisations need not sit on the fence. They should replicate monitoring of activities of federal anti-graft agencies at the state level. Early on, the agency must chart an independent course free of political meddling to squelch scepticism over the government’s motive. It has been established that popular buy-in is essential in any successful anti-corruption drive. The pioneer leadership of the agency needs to work hard and transparently to secure public support.
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