We are in trouble. It is increasingly becoming an accepted pattern to loot public funds without caring a hoot. Perhaps, this situation has never been accepted by helpless Nigerians. In which case, it is obvious that the criminal pattern is being forced down our throats.
Worse still, the lie is ever present about government’s efforts to penalise the crooks, indeed, the vermins of our society. Whatever government effort only succeeds in difusing the tension among the public against the accused. As time goes by, everybody forgets or, at least, is made to forget whatever is the scandal even as innocent Nigerias are made to pay increased taxes, only for a new set of favoured criminals to empty the treasury.
Four years ago, Nigerians were aghast with the fuel subsidy scandal. Wave of arrests followed, just as we are witnessing in the ongoing crackdown on theft of supposed cash for arms that never was. Where are the fuel subsidy scandal accused? They have all been mostly left off on purported bail, which enabled them to abscond outside Nigeria. They are the sons, daughters and business associates of well-known politicians fronting for their parents. The only surprise will be if eventually, none of these outstanding criminals is faulted for involvement in the stolen cash for arms scandal.
For the oil subsidy scandal, over two trillion naira was misappropriated without the knowledge/approval of ex-President Goodluck Jonathan, without the knowledge of former Finance Minister, Ngozi Okonjo-Iweala, nor the approval of National Assembly. Little wonder that in the current scandal, over two billion dollars earmarked for arms purchase was diverted to election campaigns and bribing for political alliance? Yet, as a sort of convenient blackmail, rule of law is being flaunted as escape route for the criminals.
Rule of law? Where in the world does rule of law operate absolutely? Rule of law in the most stable democracies operates within the context of the gravity of the offence, a valid point President Buhari was making last time and for which he was falsely accused of disobeying court order(s). Why does United States operate water-boarding tactics in interrogating terrorists, be they Americas or foreigners?
Why does Britain employ internment (detention without trial) to contain Irish terrorists? Why does United States detain suspects for years since 9/11 to debrief the terrorists of any remotest enthusiasm for terrorism? Even if they were shot, there should be no mercy.
Are we really serious in this country? At the official rate of about N200 to the dollar, the over two billion dollars supposed cash for arms would have grossed up to four hundred billion naira, which politicians shared among themselves. That amount would have covered the total cost of simultaneous reconstruction of Enugu-Onitsha expressway and Sagamu-Ore expressway, all on modern scale.
As a digression, ordinary Nigerias must derive self-consolation even these crooks are being seen for who they are. It was bad enough that they short-changed Nigeria. It was even worse that they, in the process, even defrauded themselves.
The Social Democratic Party (SDP) for all its current desperate bold face, did not, as we say down South-West, even stretch fully for other relevant party leaders on the huge sum of one hundred million naira collected from PDP Board of Trustees Chairman, Tony Annenih. That was the cost of PDP’s purchase of SDP’s support for Goodluck Jonathan in the 2015 presidential elections.
Ironically, Ogun State branch of SDP was shocked that such money changed hands to ensure the party’s support for Jonathan. Worse still, in the run up to the 2015 elections, virtually only Ogun State had sitting SDP legislators at state and National Assembly member – Senators, House of Representatives members. Yet, only after Tony Anenih disclosed how he disbursed the N260 million Jonathan directed the office of National Security Adviser to pay SDP did Ogun State get to know. We may, for purposes of clarity, concede SDP’s claim that it collected the money from Tony Anenih and not from National Security Adviser, Colonel Sambo Dasuki.
Equally, the PDP leadership cheated ranking members. Obviously disgusted at the revelations of how hundreds of millions of naira was released to each of chosen political bouncers, others could not contain their anger. The party’s deputy national publicity secretary, Abdulahi Jalingo, expressed the feelings of the cheated faction when he addressed the press and called on ex-President Jonathan to clear the air on ex-National Security Adviser, Sambo Dasuki’s claim that every amount he paid out was on Jonathan’s directive. Jalingo also added that the PDP as a party did not collect any money. In short, favoured ones collected the money, even if on behalf of the party. But Jalingo was disowned by the party’s national leader, Uche Secondus, as expressing his views and not for the party.
The arrogance and audacity? Individually, series of crimes have clearly been committed by a group in society. Decency, therefore, demands that they not only should own up but must also be sober. Without any prejudice to possible punitive measure, one of them (the only one so far?) must be appreciated for his distinction in complying with EFCC’s open option to refund the money. Retired military officer Jafaru Isa commenced refunding and was released by EFCC. Yet, criticisms trailed that action.
The criticisms are baseless. First, Jafaru Isa admitted the offence, agreed to refund and instantly paid back more than half of the N160 million. What then would be the basis for his continued detention? If not temporarily/conditionally released by EFCC, how would he go about arranging refunding the outstanding amount? There is no double standard as being falsely alleged. The others in EFCC cell should follow suit. Nobody proved to have collected any money, even for contract not related to supply of arms, can deny being guilty. They must, therefore, admit their crime, agree to refund and commence refunding. Then EFCC can be legitimately criticised for the continued detention of such suspects.
Ordinarily, EFCC’s offer to suspects to refund and be free from prosecution is objectionable. Suspects in this financial scandal must, therefore, embrace the unsolicited leniency from EFCC, which must partly carry the blame. The plea bargain to refund and be free from prosecution should have come from the suspects in the first place.
Worse is the arrogance and impunity of the others that they would not refund the money (b) they engaged in contract or special assignment by ex-President Jonathan(s) they collected money from an extraneous party, Tony Anenih and not ex-National Security Adviser, Sambo Dasuki (d) that it was not their business to know the source and they had no knowledge of such.
It is clear that arrogance, “big big turenci” and “too know book” are driving these fellows to prison if unknown to them. It is not tenable in law that an accused is ignorant of the law. For the avoidance of doubt, an ever thriving and more universal legal authority is that in law, ignorance is no excuse. On this aspect alone, conviction is certain, especially for those who parade before Nigerians as the most intelligent.
Second, what was looted is state fund and, therefore, stolen property. He who stole state or another man’s property and the recipient are both liable for conviction.
Money was collected from Tony Anenih and not from ex-National Security Adviser, Sambo Dasuki? Tony Anenih is on record that he collected the money from National Security Adviser, pursuant to bribing SDP leadership to support Jonathan in the presidential elections.
There is no law to back any idea that a stolen property will not be returned. Such is either voluntarily returned or forcefully recovered, including forfeiture of identifiable personal property in lieu.
Above all, there is this sword of Damocles, which the suspects can escape only by the good grace of EFCC. Under the EFCC and or the Procurement Act, no state fund earmarked for a specified expenditure must be diverted. Any such diversion for another purpose is criminal and punishable with years of imprisonment. All available evidence and documentation known to the public clearly indicate that the over two billion dollars released to the office of the ex-National Security was for the purchase of arms for the armed forces.
According to the EFCC, all documents retrieved, especially containing either directive or approval by ex-President Jonathan to the ex-National Security Adviser were strictly for expenditure to purchase arms. Equally, released documents on NSA’s correspondence to ex-Finance Minister, Ngozi Okonjo-Iweala, and Central Bank Governor, Emefiele, or return correspondences (from the ex-Minister and Central Bank governor) were on purchasing strictly arms. Obviously, none of the suspects can survive charges under this law, defiance of which ignorance of the law will not be an excuse.
There is also the arrogance of one of the suspects to the effect that the money was paid to him to cover the cost of an undisclosed assignment on which Jonathan sent him. There was another that the huge sum paid him was the payment for a contract. Both men carry great risk under the EFCC/Procurement Act for being accessory (beneficiary) to clear diversion of public fund from the stated purpose. It is also most unlikely that Jonathan will confirm the risk of diverting public fund for his personal use.
There is still no escape for the suspects even if the purported contract was genuine. First, such contrast will have to be disclosed. Even then, such contract could be awarded under the Procurement Act only through open bidding. Was there ever such? Was there also any proof that the so-called contractors performed to warrant at all or justify the amount running into hundreds of millions of naira collected?
So far, ex-President Jonathan seems to have cleverly covered his tracks since, according to EFCC, all documents so far recovered on communication from Jonathan to ex-National Security Adviser either directed or approved expenditure strictly for purchase of arms. Including the undisclosed special assignment for one of PDP’s henchmen?
Nigerian Union of Journalists must make a public statement on the type of contract carried out for the office of ex-National Security Adviser to warrant being listed among the companies ordered by the EFCC in public notices, to come forward with relevant documents to clear itself (NUJ) on contracts allegedly obtained from NSA’s office. This is embarrassing. When and how did NUJ become a contracting company? Did NUJ register at Corporate Affairs Commission as a contracting company? Did NUJ thereby declare taxes or any amount collected for the contracts if any? Were ordinary NUJ members (on the floor) informed at all before or after the contract, if any? And why are media houses keeping mum on this embarrassment? The NUJ must speak out.
This looting scandal is a test of President Buhari’s firmness. There is no rule of law, which allows criminals to empty national treasury and then repulsively exhibit the arrogance of shamelessness in the guise of constitutional right. The culprits are spoiling for a showdown and they must be subdued. Buhari must free himself from the restraint of his antecedent as a military dictator emerging, this time, as an undue liberal.
If these crooks are allowed under whatever legal loophole to go scot-free after pilfering over two billion dollars, Nigerians must be prepared to resist any proposed increase in taxes be it on personal income or value added. We cannot be intimidated to discharge civic obligation on tax purposes only for elite criminals to siphon for themselves and their families.
Civic duty on tax payment is no longer obligatory the moment, one after another, any accruement is aggregated for elite Nigerians – businessmen and politicians – to feast on. Under a nebulous rule of law, looting of our common wealth is fast becoming a national routine. This must stop or be halted.