Buhari
Socio-Economic
Rights and Accountability Project, (SERAP) has sent an open letter
to Muhammadu Buhari urging him to use his “good offices
and leadership position to direct the Attorney General of the
Federation and Minister of Justice Abubakar Malami, SAN to without
delay take over and expeditiously prosecute grand corruption cases
involving all indicted former state governors and to prosecute
indicted serving governors at the expiration of their tenure as
governors.
The
organization said, “the trial of several former state governors
accused of corruption and money laundering have continued to linger
in different high courts in the country. Some of the grand corruption
cases involving former governors started in 2007 are yet to properly
commence.”
In
the letter dated 5 October 2018 and signed by SERAP deputy director
Timothy Adewale, the organization said, “We are concerned that the
continuing delay in the prosecution of former governors suspected of
committing acts of grand corruption to logical conclusion has sent a
negative message that the governors are untouchable. The delay is
also contributing to perception among Nigerians that many of these
influential and powerful past governors are being protected by the
power and political set up.”
According
to the organization, “instructing the Attorney General of the
Federation and Minister of Justice Mr Abubakar Malami, SAN to take
over and directly and expeditiously prosecute all cases of grand
corruption involving former governors, would be entirely consistent
with his duties under the Constitution, and contribute to upholding
the majesty of law and vindicating the rule of law.”
The
organization warned that, “should the Attorney General not take
over the cases of corruption against all past corrupt governors as
requested, SERAP would, on account of the public interest involved,
and to ensure that no further time is lost in the completion of these
cases, consider appropriate legal action to compel the authorities to
discharge their constitutional duties, consistent with the basic
tenet of the rule of law, the concept of equality and the cause of
justice.”
The
statement read in part: “the continuing delay in the prosecution of
former governors alleged to have committed acts of corruption is a
significant factor contributing to impunity of those engaging in
grand corruption, thereby posing a serious threat to probity in
public life, the rule of law and respect for human rights. The delay
in the prosecution of former governors who no longer enjoy
constitutional immunity also suggests that they are above the law.
“Nigerians
deserve to see the prosecution of all indicted former governors to
logical conclusion if your government is to demonstrate the
credibility of its commitment to combat grand corruption and
eliminate any impression of bias or lack of fairness in the fight
against corruption. Everyone accused of corruption should be brought
to justice in accordance with the law and irrespective of the height
at which those involved are placed in the power and political set up.
“The
delay also has serious implications for human rights because the lack
of effective prosecution of grand corruption cases involving former
governors has created the tendency among many serving governors to
engage in corruption, which would ultimately have deleterious effects
on the enjoyment of human rights including the rights to healthcare,
water, quality education and regular electricity supply.
“SERAP
believes that everyone against whom there is reasonable suspicion of
committing a crime of corruption has to be treated equally and
similarly under the law situation with a view in ensure proper
implementation of the rule of law. This is the need of equality
guaranteed in the Nigerian Constitution.
“The
right to equality in a situation like the corruption cases involving
former governors is that of the Nigerian polity and not merely of a
few individuals. The Attorney General is constitutionally empowered
to take over and expeditiously prosecuted the cases against former
governors to ensure justice and enforce the concept of equality.
“The
continuing delay in the prosecution of former governors accused of
corruption amounts to a fundamental breach of Nigeria’s
Constitution of 1999 (as amended) and the UN Convention against to
which Nigeria is a state party.
“Many
of the 31 past governors accused of corruption are escaping justice,
some of the cases dating back to 2003. “The Attorney General
is a
defender of public interest and has the powers under Section
174(1) of the Constitution of Nigeria 1999 (as amended), to institute
and undertake criminal proceedings against anyone suspected to be
responsible for acts of corruption.
“The
delay can no longer be justified. Unless there is proper prosecution
of indicted former governors, the effort made to investigate their
cases would not bear fruition. Cases of corruption against
high-ranking public officials, particularly all indicted former
governors must be conducted and completed expeditiously if the
government is to retain public confidence in the impartiality of its
fight against corruption.
“Any
taking over and prosecution of the grand corruption cases involving
former governors should not dilute adherence to the essentials of a
fair trial and the basic principles of our constitutional
jurisprudence including the presumption of innocence of the accused
unless found guilty at the end of the trial.
“SERAP
also notes that Governors control about 47 per cent of accruals to
the Federation Account – both its own share and that of the local
governments. Also, the Attorney General once started that “It is
the position of the present administration that these suspected
governors must be prosecuted in line with the anti-corruption agenda
of the government.
“Ending
corruption by state governors would contribute to respect for human
rights including ensuring adequate medical and health facilities for
all persons in the country; which would help to protect the health of
the people and ensure that they receive medical attention when they
are sick.”
No comments:
Post a Comment