Wednesday, 27 November 2024

FG’s Looters’ Lists: A Bill Of Attainder?

The Federal Government recently released a list of people who allegedly looted the nation’s treasury. The action followed the apology tendered to Nigerians by Prince Uche Secondus, the Peoples Democratic Party (PDP) National Chairman.

Secondus, it would be recalled, apologised to Nigerians for what he termed the “past mistakes” of the PDP during its 16 years it governed the country before it was humiliated out of power in the 2015 general election. Secondus promised that having repented of its mistakes of the past, the party is now ready to make the necessary readjustment, even as he urged Nigerians to give his party a second chance to lead the nation to greater heights, as the All Progressives Congress has failed the people.

Alhaji Lai Mohammed, the Minister of Information, and Culture, in responding to the PDP’s apology, released the list of the people the government termed as treasury looters during a press conference in Lagos last week. Mohammed said the individuals included officials in the past government, mostly PDP chieftains who are currently being tried for corruption and financial crimes.

Mohammed said: “The PDP has challenged us to name the looters under their watch. They said they did not loot the treasury. Well, I am sure they know that the treasury was looted dry under their watch. Yet, they decided to grandstand. This shows the hollowness of their apology,” Mohammed said as he released the names.

The FG’s Looter’s List:

The list released by Mohammed included:

Uche Secondus, PDP Chairman: Allegation: On the 19th of Feb 2015, he took N200 million only from the office of the NSA.

Former PDP Financial Secretary: Allegation: On the 24th of Oct 2014, he took N600 million only from the office of former NSA.

Olisah Metuh: Former PDP National Publicity Secretary: On trial for allegedly collecting N1.4bn from the office of former NSA.

Dr Raymond Dokpesi, Chairman of DAAR Communications: On trial for allegedly taking N2.1 billion from the office of the former NSA.

Former SSA to President Goodluck Jonathan, Dudafa Waripamo-Owei: On trial, over N830 million allegedly kept in accounts of four different companies.

Robert Azibaola: Former President Goodluck Jonathan’s Cousin: A Federal High Court ruled that he has a case to answer for allegedly collecting $40 million from the office of former NSA.

According to Mohammed, the decision by the APC-led government to reveal the names of the alleged looters and the funds allegedly stolen was in response to the opposition party’s (PDP’s) challenge to the government to name those alleged to have looted the country and destroyed the economy.

Mohammed said the list was just a tip of the iceberg, and that the APC did not make these cases up as some of them currently have cases in court.

“They are in court and the records are available. Some of the people on this list are seeking to plea bargain, and that is a fact.

“We insist that Nigeria was looted blind under the watch of the PDP and that the starting point in tendering an apology is for them to return the loot,” he said.

Mohammed said further that the APC will not stop talking about the alleged looting by the PDP. According to him, “We will not stop talking about the massive looting by the PDP. They brought Nigeria to this sorry pass. We are now looking around for loans to build infrastructure, and they ask us not to talk about it. We will talk about it.”

The Second List:

Soon after Mohammed had released the list, the Federal Government, also through him, released a second one. This second list of alleged looters released by the Federal Government contains 24 names.

Mohammed, while releases this list, said the Federal Government will neither be intimidated nor blackmailed into silence, adding that it will also not rest until all those who looted the public treasury have been brought to justice.

The second list of alleged looters is as follows:

Sambo Dasuki, former NSA: Based on EFCC investigations and findings (this is beside the ongoing $2.1 billion military equipment scandal), a total of N126 billion, over $1.5 billion and 5.5million British Pounds was allegedly embezzled through his office.

Dieziani Alison-Madukwe: Former Petroleum Resources Minister: In one of the cases the EFCC is investigating involving her, about N23 billion is alleged to have been embezzled.

Lt.-Gen. Kenneth Minimah (rtd): N13.9 billion. N4.8 billion allegedly recovered by EFCC in cash and property

Lt.-Gen. Azubuike Ihejirika (rtd): N4.5 billion. N29 million allegedly recovered by the EFCC so far.

Alex Badeh, former Chief of Defence Staff: N8 billion, and EFCC allegedly recovered almost N4 billion in cash and property already.

Inde Dikko, former CG Customs: N40 billion, and N1.1 billion in cash allegedly recovered in cash and choice properties.

Air Marshal Adesola Amosun (rtd):  N21.4 billion. N2.8 billion recovered in cash. 28 properties and three vehicles also recovered.

Senator Bala Abdulkadir, former FCT Minister:  N5 billion. Interim forfeiture order on some property secured.

Senator Stella Oduah: N9.8 billion. Interim forfeiture order on some property secured.

Babangida Aliyu, former Niger State Governor: N1.6 billion – from NSA

Senator Jonah Jang, former Plateau State Governor: N12.5 billion.

Bashir Yuguda, former Minister of State for Finance: N1.5 billion. $829,800 recovered.

Senator Peter Nwaboshi: N1.5 billion

Aliyu Usman, Former NSA Dasuki’s aide: N512 million

Ahmad Idris, Former NSA Dasuki’s PA: N1.5 billion

Rasheed Ladoja, Former Oyo Governor: N500 million

Tom Ikimi: N300 million

Femi Fani-Kayode: N866 million

Hassan Tukur, former PPS to President Goodluck: $1.7 million

Nenadi Usman: N1.5 billion

Benedicta Iroha: N1.7 billion

Aliyu Usman Jawaz: Close ally of former NSA Dasuki: N882 million

Godknows Igali: Over N7 billion

Reactions To FG’s Lists

The first list of alleged looters generated reactions from many of those named, including Secondus, the PDP National Chairman, who demanded an apology and the sum of N1.5 billion as compensation.

Olisa Metuh, former National Publicity Secretary of the PDP, whose name was also on the first list, accused the All Progressives Congress (APC) led Federal Government of intimidating him.

However, since the release of the lists by the Federal Government, several Nigerians have been wondering if the government was fair in its action, as these people still have their cases in court. They maintain that according a well known legal axiom, an accused is presumed innocent until found guilty by a court of competent jurisdiction.

Lists Of Looters Not New In Nigeria – Rights Activist

Daniel Idiamu Omosefe, a Benin-based businessman and human rights activist, said: “List of alleged treasury looters in Nigeria is not new. Right from the First Republic, there have been lists of looters and what have been the end results? However, what I am seeing in the present lists of alleged looters is politics, because, some of those on the lists are already facing trial in the law courts.

“Why can’t the Federal Government exercise patience or some restraint and allow the courts to do their work and come out with result, rather than embarking on media trial at the same time? By resorting to media trial, the federal government is making the entire issues look like child’s play which I believe is not.

“Besides, the names the Nigerian public is expecting to see on the lists are, apart from those of the opposition, the former PDP members who defected to the ruling party as a way to evade trial, especially those holding positions. Once this is done, it will disabuse the minds of many Nigerians that the war against corruption is not meant to witch hunt the opposition or the enemies.”

FG Is Practising Bill Of Attainder – Rights Group

A human rights group, the Foundation for Human Rights and Anti-corruption Crusaders (FOHURAC), in its reaction, said: “The emerging lists of alleged looters being published in piecemeal by the FG against some persons in the country is an indication that the government of Muhammadu Buhari has chosen to try and convict people in a court of public opinion.”

FOHURAC’s statement signed by Barrister Alaowei E. Cleric, its National President, continued: “There is no justification in law for the government to convict people without trial by the law court.

“This is clearly a bill of attainder, a conviction without trial. Granted that Nigerians are encouraging the government to increase efforts in fighting corruption, the procedure taken by it has no bearing in law. The steps taken by the government so far cannot find expression in any known legal axiom being espoused by our legal system, which is supposed to be the foundation for the anti-corruption crusade.

“While it is within the ambit of the executive arm to thoroughly investigate and prosecute any culpable individual for any known crime, it cannot arrogate to itself the power to interpret the law thereby pronounced guilt upon its targets.

“The said alleged looters list which the government has celebrated and published in the media is a judgment of court of public opinion and same is not known in our legal system. Whoever the FG found wanting should be tried in accordance with the dictates of the relevant laws. Resorting to name calling and character assassination cannot and should not form part of the government’s drive to stamp out corruption from our body polity.

“As for those in the list whose cases are already before the law courts, it is subjudice for the same government to call them looters when the courts have not given verdicts on the matters. The action of the government shows that it is exercising the judicial functions.

“The Buhari government is now the judge and the prosecutor to convict its assailants. This is dangerous to the survival of constitutional democracy. We wonder what the courts have to pronounce at the conclusion when the executive arm has already preempted them? Is this a tactics deployed by the government to force the hand of Justice against its perceived enemies through blood and iron?

“On the so-called contrived list itself, it is a faux pas for the FG to take Nigerians for a ride. Targeting only members of the opposition PDP in listing corrupt Nigerians is the height of ‘condonation’ by this government. Claiming to be holy in the midst of manifest corrupt practices by members and associates of the ruling government, while calling members of the opposition party as corrupt is the greatest albatross facing the Buhari’s anti-corruption war.

“Is the FG telling us that all the persons indicted and or grossly accused of corrupt dealings in the present government did not fit into its expression of corruption? Is Buhari government and the APC are grounds to purge people of their sins?

“We believe that Nigerians already know more than what the government is publishing in the media about corrupt Nigerians. The FG cannot deceive Nigerians with such convoluted rhetoric. President Buhari should be guided by his government’s narrative, which is ‘Change Must Begin With Me.”

Buhari’s Anti-Corruption Crusade Is Lopsided – Akinlude

Chief Willy Akinlude, PDP’s founding Publicity Secretary in Lagos State and two-time Executive Chairman of Mushin Local Government, said: “What is going on is good for the country. Both parties, APC and PDP, will check their excesses and past mistakes. Nobody knew that things would be like this.

“But, there are some areas that are not right. If someone is not convicted by a competent court, you should not say he is a robber or looter. You need to convict someone first before he is termed a looter. The country’s democracy is moving. They should allow democracy to survive.

“However, I wish to add that in any country where they are battling with corruption, it is always a revolution. It can never be perfect. For example, PDP members is said to have looted the treasury. Now, some former PDP members are now with the Federal Government after defecting to the APC. Some states, where they served earlier when they were in PDP, have accused them of corruption.

“However, Nigerians are watching and some eminent lawyers are also looking at what is happening. The anti-corruption crusade is lopsided. How can you mention 29 names without a single APC member? The Federal Government should readjust because the anti-graft war is really lopsided.

“I am aware that very many corrupt people are working with Buhari. Many people who were said to be corrupt in PDP crossed over to APC and now they are no longer seen as corrupt. That is why I said that the fight against corruption is a revolution. It is not easy.”

What Is Playing Out Is disheartening, laughable – Analyst

Chris Maduka, a public affairs commentator and the National President of the New Tone In Leadership Foundation, in his reaction to the release of the list and the anti-corruption crusade of the APC Federal Government, stated: “The word ‘corruption’ and ‘anti-corruption’ has been overplayed. It is losing its essence and lustre. This is because it has been politicised, which should not be.

“Based on facts that are on ground, we are all agreed that corruption is endemic, as we were classified as being fantastically corrupt. We have by our action and inaction validated those who made such characterisation. So, the tragedy of this type of situation is that when we mistake this war on corruption as it seems right now, then, we may have inadvertently emboldened so many that it is indeed business as usual. And quite frankly, it is.

“A situation where somebody will drop the ‘Umbrella’ and pick up the ‘Broom’ and all of a sudden become a new creature and all sins are forgiven! To me, it is a disheartening and laughable situation. Nigerians are waiting for some of the accused to be successfully prosecuted as they do in other societies and for the so-called recovered loots to be fully accounted for.

“As it is, it is alleged that the EFCC recovered about N1.9 trillion since 1999. Yet, some of these funds are not reflected in the Federation Accounts. Is that fighting corruption?

“One of the first indications of this fight against corruption has to do with the bail-out funds dished out to so-called indigent states that supposedly could not pay salaries. Under normal circumstances and for whatever reason, you fall into bankruptcy and become indigent and you cannot pay your bills, including salaries, when you get into this situation, you obviously need a form of bail-out and assistance. But, it comes with certain level of conditions.

“As an individual, if one files for bankruptcy in the United States, one must be subjected to some kinds of financial counselling. You may be required to surrender your credit cards and some other things that might have led you to that financial distress. Afterwards, you will be given other stringent conditions. You have proven incapable or irresponsible to handle your finances. Someone bailing you out will ensue that you are properly guided to avoid a repeat.

“Here we are, with some state governors, living in affluence, some having private jets, yet we bailed them out without any kind of condition in an attempt to even understand why they went into bankruptcy in the first place. We gave them the funds free of charge. Those funds did not add a single value and did not serve the purpose. Till date, some of the states owe salaries. That would have been an opportunity to set a new tone on accountability and probity. But, we blew it.

“You should not only be going after looters. You should be proactive and pre-emptive to discourage people from mismanaging public funds through institutional frameworks.

“Finally, corruption is not exclusively confined to the corridors of financial embezzlement or stealing. Corruption also is enabled and festered by incompetence and nepotism. Corruption also involves compromising your position, especially the area that has to do with our national security, etc.

“I fully believe in what a former President of Pakistan said when he visited Nigeria and was a guest speaker in 2010. He explained different levels of corruption and that some of the corruption will disappear if the government becomes responsive and responsible.

“While the focus should be on tactical corruption that puts the nation’s economy and security at great risk, how are we doing with corruption? It depends on who you are. Some supporters of President do not see anything wrong in whatever is playing out before our eyes.”



Read more https://independent.ng/fgs-looters-lists-a-bill-of-attainder/i

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