Saturday, February 11, 2012
   
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EFCC,THE LOOTERS AND THE LOOTED FUNDS

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Mallam Nuhu Ribadu, the erstwhile chairman of Economic and Financial  Crimes Commission (EFCC), made a startling disclosure recently that over $15 billion was recovered from the foreign accounts of some Nigerian public office holders in 2006. He also lamented that over $10 billion was diverted from the allocations for states from the Federation account to foreign accounts of corrupt and mindless public officers in 2005. Many Nigerians were  filled with consternation by this revelation not because it is not known that the public service is substantially populated by corrupt and selfish persons but because the figures being mentioned as looted funds are staggering and appalling.

THE figures furnished by Ribadu as proceeds of official corruption in 2005 and 2006 in Nigeria may appear big but it should also be realised  that the EFCC’s radar could  not have possibly captured all the looted funds in foreign and domestic accounts during those periods. And the thought that the trend of plundering the public till by unscrupulous public officials may have continued since then is vey sickening.  Thus against this backdrop, there is a tendency towards despondency in relation to an end to the madness of corruption in the land. Going by the foregoing figures, the cancerous malaise of corruption has not only pervaded virtually all aspects of  national life but it has also assumed a dangerous dimension in intensity and sheer volume.

MRS Farida Waziri, the incumbent boss of the EFCC, also made similar claims about the endemic nature of corruption in the country a few months ago. She equally dished out some mind-boggling figures of the looted funds recovered from public officials. The totality of this information coming from both the current and former boss of the anti-graft agency is that the country is avoidably living dangerously and that pragmatic steps are urgently required to rein in corruption which has always produced negative effects on national development. The politicians may not accept or declare it but as of today, quite a few states in the federation are bankrupt, unable to pay salaries of their workers to effectively fuel the engine of governance and improve the lives of the citizenry.

THOUGH the dwindling revenue accruing to the federation account, from which all tiers of government receive their allocations, may be partly blamed for this sorry state of affairs, the cost of governance which has risen to an outrageous level due to official corruption is also a factor. Is it not ironic that there are strident demands for creation of more states and workers are asking for improved welfare at a time of economic meltdown?  Those outrageous and seemingly inauspicious demands will keep coming because the citizenry has reasons to doubt the sincerity of the political leadership.

THE   corruption-fuelled ostentatious lifestyles of some public officials have also done nothing to clear the doubt. There seems to be general frustration, misdirection of thoughts and misplacement of values for selfish reasons, even from unexpected quarters because a few privileged persons in public service are seen or perceived to be helping themselves to the common wealth. And judging by observations within the society which has now more or less been validated by the disheartening but empirical facts from the anti-graft agency, no one could be blamed for the pervasive feeling of frustration foisted on many a citizen by the criminal elements that hold sway within the public service.

THEREFORE, Nigerians will need additional details to the figures of looted funds being bandied by the EFCC. The EFCC should drill down and put faces to the mind-boggling figures it has brought to the public domain. Specifically, the commission should provide answers to the following questions: From whom were the recoveries of public funds made?  How much did each suspect pay? What is the balance to be paid?  In whose custody is the recovered money?

The EFCC should furnish further details surrounding these huge sums of money so that they do not end up in private pockets and defeat the very essence of the recovery efforts in the first place.  And if the money is already in private pockets, a fresh recovery effort should be launched.  And where are the suspects now?  Have they been discharged and acquitted by the EFCC which does not have such powers?  Also, by paying back the money, there is an admission of guilt by the suspects. They should, therefore, be prosecuted under the extant and relevant laws of the land. It would not be appropriate for the looters to go scot-free just because they have paid part, which may be an insignificant fraction, of what they actually stole.

THE EFCC, whether under Ribadu or Waziri, no doubt, has only succeeded in sensitising Nigerians to the ills of corruption in the country. But, there is still much more to be done. A favourite but pernicious pastime that has more or less become a culture, albeit unofficial, in the public service may be difficult to curb overnight. The commission will need to be thorough and practical in its approach while the judiciary — the bar and the bench — is urged to exhibit genuine patriotism in their strict  application of  the principle of the rule of law to  corruption and financial crime cases.

THERE is also the need for effective use of the principle of deterrence by the anti-graft agencies in the country if they are to make significant headway in their assignments. If the extant laws do not make adequate provision for deterrence, then the laws should be reviewed. Corruption, whether in the private or public sector, should be made sufficiently unattractive. Unless those who have formed the habit of stealing from public coffers are forced to live a life of penury in addition to long jail terms upon conviction, there will be little or no disincentive to make their colleagues still in the service to drop the bad habit.

THE principle of plea bargaining, a euphemism for treating looters with kid gloves, should no longer have a place in the country’s criminal justice system, especially as it relates to economic and financial crimes. Plea bargaining wittingly or unwittingly affords a corrupt person an unchallenged access to part of the proceeds of corruption after prosecution and conviction which attracts a light sentence. That kind of arrangement can hardly stem the tide of corruption in a developing country where moral values have yielded ground to abberant tendencies including primitive accumulation of wealth.

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