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Not many had anticipated the judicial end result of among the instances introduced in opposition to the Financial and Monetary Crimes Fee earlier than courts by Chief Mike Ozekhome (SAN) and Dame Endurance Jonathan difficult the freeze on their cash in some banks. In comparable means, the outcomes of the EFCC circumstances in opposition to Elder Godsday Orubebe and Justice Adeniyi Ademola, his spouse and Joe Agi (SAN), weren't anticipated. Purpose: many had believed that with the general public opprobium that attended particulars of their instances, backed by President Muhammadu Buhari’s seeming avowal to kill corruption earlier than it killed Nigeria, the ‘big fishes’ would kind the primary set of victims of the President’s obsession.


That wouldn't be nevertheless. It was not that the judiciary was in poor health-ready or unwilling to help the combat in opposition to corruption. It was additionally not a case of corruption preventing again, however clearly a case of inability to journey past sentiments and sensationalism within the combat towards corruption or stealing. Mainly, the EFCC has by no means been ready to undertake the arduous activity of investigating and assembling proof to show instances earlier than it. For this, a brand new philosophy guides its work – identify and disgrace. I’ll inform you why.


A few months after assumption of workplace, the Comptroller Common of Nigeria Customs Service, Colonel Hameed Ali, had an interplay with media executives in Lagos. The night parley held at Federal Palace Lodge on Victoria Island. On that day, Ali sought to do three issues – familiarise with media executives, market his coverage on importation of rice by way of land borders and search media help for the anti-corruption battle.


Media executives current engaged him on the lifting of ban on the importation of rice by means of land borders and made effort to teach him on the futility of his new coverage. He remained stubbornly fastened on his views that permitting importation of rice by land borders would do two issues: cease smuggling of rice throughout the borders and likewise improve income for the Federal Authorities provided that his fundamental project was to "make cash for government". Regardless of efforts to level out what influence the coverage would have on rice cultivation domestically, Ali insisted on attempting out his coverage first. His final phrase on the matter was: "We shall implement it." All media executives current surrendered. Precisely three months later, Ali introduced that the coverage had failed to realize goal. He reversed it.


On the second level, he urged the media to "support President Buhari’s anti-corruption war". Properly, everybody had his views on how greatest they believed the battle may very well be constitutionally and legally fought and received. However Ali had different views. He made a suggestion to the media executives on one of the best ways they might help the anti-corruption warfare. He recommended that every newspaper dedicates a portion of its entrance web page to anti-corruption battle and ensured that the image of whoever is accused of corruption is printed on the area over a number of days. That means, he urged, they are going to be so ashamed that they won’t be capable to face society ever once more. In his last ideas on this, he mentioned the most effective cure for corruption is "name and shame".


Let’s get it, "name and shame" is just not new to our political lexicon. Nevertheless, it's unknown to regulation. It was employed by then Central Financial institution of Nigeria Governor, Sanusi Lamido Sanusi, who within the interview he granted Monetary Instances, quickly after his onslaught on managing administrators of banks, which swept away many financial institution bosses resulting in trials by EFCC and nationalisation of some banks, insisted that although the wheel of justice could grind slowly, ‘naming and shaming’ these concerned within the mismanagement of banks would go a great distance in sanitising the sector. True! Some are but to get better from their shocking exist, and loss, of their non-public banks. However in politics, the scenario is completely different. To be a profitable Nigerian politician, one should develop thick pores and skin in opposition to disgrace. Nothing shames the Nigerian politician. Not even disgrace itself.


However, the idea of ‘name and shame’ is fundamental motive Buhari’s anti-corruption warfare is faltering. ‘Name and shame’ is constructed on suspicion even when not cheap. EFCC appeared to have imbibed the idea and promotes media trial of accused individuals whereas ignoring the time honoured authorized maxim that an accused is innocent till confirmed responsible, not simply by a courtroom, however by a courtroom of competent jurisdiction. Meaning rather a lot. EFCC ignored that. One way or the other, it appeared to agree with the physique language of the President that an accused is responsible till confirmed in any other case by a courtroom which had been cowed as a result of a few of its officials are additionally perceived to be corrupt.


In his public pronouncements, President Buhari, persistently convicted accused individuals. He ignored the truth that they have been solely accused of committing acts suspected to represent what a court docket might discover to be acts of corruption. In most of President Buhari’s pronouncements about corruption in Nigeria, particularly whereas abroad, he all the time spoke with finality that "they sat on the desk and shared the money and put of their personal accounts". These statements didn't solely identify and disgrace, in addition they got here with conclusions such that these accused of stealing public funds have been not accused individuals however convicts who ought to take pleasure in their freedom if, and when, they can show their innocence. In essence, the anti corruption combat, was began, ab initio, on the improper premise. So, it was a matter of time earlier than the courts began correcting the incorrect impressions which had been strongly constructed on suspicion, not proof.


I have at all times favored that side of judicial pronouncement the place a choose or magistrate says that the case towards an accused particular person had been confirmed, by prosecution, past affordable doubt. Essentially the most attention-grabbing phrases for me are ‘beyond cheap doubt’. These are the phrases, which to my thoughts, EFCC ought to take particular word of earlier than bringing costs towards any accused individuals. Within the case of Chief Ozekhome SAN, the trial decide held that EFCC couldn't show that the money paid his regulation agency by Ekiti state governor, Ayo Fayose, for authorized providers rendered him by the regulation agency, was paid from the proceed of crime. That judgment will materially, most definitely, have an effect on the foundations of judgment in different instances the place individuals who obtained funds for companies rendered to the federal authorities, are being prosecuted for receiving such funds. For a layman, it's unheard of that a trader, or contractor, would question the supply of cash used to pay for items offered and delivered or providers rendered.


For EFCC to revitalise itself and regain momentum within the anti corruption warfare, it should go to trial with hardcore proof and put off speculations, suspicion and media trials that had attended its prosecutorial work. EFCC ought to have recognized by now that judges are usually not guided by physique language, press statements that convict accused individuals earlier than approaching courts, neither are they guided by sentiments of members of the general public. Sure, an accused individual may very well be sentenced to dying on the newsstand by free readers, who hold each wealthy particular person accountable for his or her poverty, however the judicial course of is totally different. It's about proof confirmed past affordable doubt.


EFCC may also do very effectively to take to coronary heart the counsel of Justice Gabriel Kolawole whereas suspending the trial of Col. Nicholas Ashinze and others over media trial.


* Uchegbu is a journalist and writes from Lagos.