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Friday, April 24, 2015

To probe corruption: Buhari’s dilemma

Also published in Daily Trust

As President-elect, Muhammadu Buhari prepares to assume the presidency in a few weeks’ time, many Nigerians increasingly expect him to launch exhaustive probes into particularly the most staggering cases of corruption involving some top current and former government officials and subject them to appropriate judicial prosecution processes to be convicted hence compelled to return the public resources they misappropriated and eventually face appropriate punishments accordingly. 

Nigerians have rightly emphasized the imperative of extensive corruption probe as the only means to expose and eventually stop the persistent acts of systematic thievery and misappropriation of public resources in the country. They therefore now apparently count on Buhari’s intolerance of corruption and credibility to see that happen. This is even though his responses to the various questions of whether or not he will take these steps have so far been largely too ambiguous to provide a definite answer.

However, despite the sheer magnitude of the devastating effects of the endemic corruption that has bedevilled the country for decades, many other Nigerians are worried that the time is too short for Buhari to ‘waste’ in corruption probe, and that he should instead focus on corruption prevention and eradication as well as fixing and improving the country’s tattered economy. According to them also, prosecuting corrupt officials would simply distract and hamper his efforts to deliver on his campaign promises.

They also argue that, Nigerians were hugely disappointed by the outcome of the successive governments’ corruption probes into many cases of corrupt practices, most, if not all, of which however turned out to be politically motivated witch-hunts against some real or perceived political opponents. Moreover, the recovered funds and assets simply ended up in the possession of some other corrupt officials or their cronies, consequently they (i.e. those Nigerians) simply lost confidence in such probes altogether.

Anyway, while Buhari may indeed launch corruption probe, he will definitely face tricky moral, logistical and procedural dilemmas in determining its scope and the extent it should go as well as the years and/or the regimes and administrations it should cover.

For instance, though the outgoing administration of President Goodluck Jonathan is arguably the most corrupt in the history of Nigeria, yet singling it out for probe, as some Nigerians demand, negates the principles of fairness, since the previous military regimes and civilian administrations were equally extremely corrupt. In the meantime however, it is practically impossible to simultaneously launch probes into all cases of corruption committed in the previous administrations in the country. 

In the same vein also, the endemic culture of corruption that has pervaded the country makes it equally impossible to prosecute everybody suspected or even actually involved in corruption, which raises questions over the yardsticks to be adopted on the bases of which individuals could be subjected to corruption investigation for eventual prosecution. This is especially considering the fact that many individuals who would probably be investigated, or rather who should in fact be investigated; have over the decades become effectively too influential to be successfully subjected to any corruption probe in the country.

Meanwhile, many other potential targets will soon assume influential political positions, which make it legally impossible to prosecute them i.e. state governorship that entitles state governors to immunity against any form of judicial prosecution while in office. Moreover, many other potential targets will equally soon assume legislative positions and other influential political appointments, which they can simply exploit to evade justice and get away with whatever corruption they committed in the past.

Furthermore, the practical impossibility of probing into every single case of corruption committed in the country highlights yet another dilemma over the guidelines to be adopted in determining the monetary value involved in a corruption case that is considered big enough to attract corruption probe.

Obviously, these and perhaps many other challenges do indeed constitute multifaceted dilemmas that must not be ignored in addressing this issue. Muhammadu Buhari also can’t afford to ignore them either, because as a matter of fact, failure to address them would definitely undermine the effectiveness and credibility of the process and indeed render it largely ineffective like the other previous corruption probes launched by the successive military and civilian regimes in the country. 

Nevertheless, despite these challenges and dilemmas, conducting thorough corruption probes remains indispensible in the process of effective and sustainable fight against corruption. After all, it is hoped that the corruption probe that Buhari is expected to launch would be the last of its kind in the country, because, God willing, there will be no room for systematic thievery of such magnitude anymore.

This therefore underscores the imperative of drawing a comprehensive corruption probe strategy that takes such dilemmas into consideration and addresses them accordingly, to ensure that the probes eventually yield the desired results.

To achieve this, all relevant anti corruption, law enforcement agencies and judicial institutions should jointly come up with clear, objective and realistic guidelines to adopt in sorting out and determining the corruption cases to probe into and the suspects to target. They should also come up with an efficient logistical framework solely dedicated to this exercise to accelerate it without prejudice to the quality and transparency of the process.

The National Assembly should also address all legal and constitutional loopholes that can be exploited in order to obstruct the process, also without prejudice to the basic rights of individuals.

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