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Reactions to "EFCC: Pathway for economic development"
ACHO ORABUCHI Dallas, Texas
Thursday, August 16, 2007
My recent article, "EFCC: Pathway for economic development," attracted capacious reactions from Nigerians in the Diaspora. Among the notable reactions came from Dr. Odindu Odunze, Simon Chukwudi McBEE Iberosi, Atty. Derek Obialo, Atty. Vincent Otuonye, Gabriel Ukaegbu, Chima Njoku, and Chief Obidike Ajuluchuku.
Here are the excerpts:
Dr. Odindu Odunze: Dear Dr. Orabuchi, You have written so well again my friend and I revere your eloquent views. But I personally feel that this whole EFCC exercise will be incomplete without bearing on Chief Achike Udenwa to account for what he did with Imo State allocations. Don't you agree?
Simon Chukwudi McBEE Iberosi: Dr Acho, I very much share your views here. There can be no meaningful economic development and progress where a culture of corruption predominates. Therefore we must all be heartened by the efforts of the EFCC to sanitize public life in Nigeria by bringing some of the "lootocrats" to justice, even if in a token manner to serve as an example.
Corruption has baned our society for too long. It is at the foundation of the economic morass and social dysfunction that obtain in our society today and no conscientious government can afford to leave that un-addressed. As a deterrent, the EFCC must continue to attach jail term to the deals they are cutting with the convicts. It will not be enough to recover stolen public fund and ill gotten property. The era of stealing with impunity, by those entrusted with public wealth for the betterment of the welfare of the masses, must be seen to be over.
Nevertheless, I do not agree with your suggestion that the immunity clause in the constitution should be dropped for the governors. In this case the interest of good governance- devoid of undue interference and distractions- which the clause envisage to protect far out weighs the benefit that dropping it to make the governors accessible to prosecution while in office, guarantees. Inherent in democracy is the overarching tendency of politicking by politicians. If the governor is not immune to prosecution there is no doubt that insidious politicking might paralyze a governor from governing for his entire term. Indeed think of what would have happened in Anambra. The illegality of abducting Ngige would have been given the force of law by Uba, with the blessing of OBJ, trumping up a charge against Ngige and having federal police officially arrest him for prosecution. He would have been detained indefinitely until his term expired through the machinations of the court. This is just a scenario that should convince you that dropping immunity for governors will be counter productive in a country such as ours. I believe it is for similar reasons that governors in the US enjoy immunity as well. I read about ex-governors being prosecuted and jailed after their terms, for crimes while in office, [for example], the former governor of Louisiana. I think so long as justice is served and the culprits made to pay, waiting till they are out of office will be good enough for the society.
Atty. Derek Obialo Your rejoinder is well written. However, there is no immunity from prosecution for state governors in the US; although they may enjoy "executive privileges"--not the same thing [as immunity].
I'm SURE that U.S. state governors DO NOT have absolute immunity from criminal prosecution for "criminal" acts done while in office. There has been number of criminal prosecutions of governors while in office. Some of them happened long time ago, some relatively recent history. Because you have not heard does not mean it never happened.
The US Supreme Court has itself held that a governor is not immune from some suit, let alone criminal prosecution. For acts entirely without and beyond the powers conferred on him/her in his public capacity (including acts constituting a violation of the law), the governor is amenable to the law the same as a private individual. (House Speaker v. Governor of Michigan -1992 case)
Also, highest executive officials in the states (i.e. governors) are not protected by absolute immunity under federal law - U. S. v. Mandel, 415 F. Supp. 1025 (1976 case) - prosecution of the governor of Maryland under mail fraud and antiracketeering statutes. Neither the goal of encouraging vigorous performance of (executive) duties by shielding (governors) from distracting civil suits, nor the goal of maintaining the independence of (executive) by shielding them from criminal prosecutions...would be served by permitting immunity in such a (criminal) case.
You are not alone in thinking that governors enjoy absolute immunity of the kind held by the President. So many scholars have erroneously so believed -and I think the concept of immunity of governors under Nigerian Constitution may have been imported erroneously from the American system, since we import everything from the West without questioning/understanding.
Atty. Vincent Otuonye If I may chip in, I'll suggest that when EFCC go after the stolen public funds and ill gotten property, they attach some interests the funds or property would have fetched, say 12% or 15% per annum, starting from the time the governor stole the funds or acquired the property to when EFCC froze the account.
Furthermore, the jail term needs to be lengthier. A situation where Alams of Bayelsa state got almost the equivalent of time served, (2 years) to me, is too lenient.
Gabriel Ukaegbu' Orabuchi, Good article! The task of eradicating corruption in high places should not be left to EFCC alone. The legislators should amend the Constitution to strip the immunity away from anyone in power. Crimes should be prosecuted when they occur. Delaying arrests and prosecution to after people leave office allows evidence to decay, and witnesses' memories to be faulty. All would have to share in helping make corruption unattractive in public life. People here should not assist politicians hide monies stolen from the country--don't help them buy houses with fake names, etc.
Nigeria itself should talk to Switzerland, Cayman Islands, certain EU countries, and others that allow people in power to walk into banks with portmanteaus of cash for deposit. [They should] notify Nigeria of huge electronic transfers into suspicious accounts and established patterns of frequent small transfers. EFCC itself should try some sting operations with baits aimed at testing personal moral integrity of people in public life from time to time.
Chima Njoku
Acho, Thank you for this write-up! You wrote the mind of an average decent citizen. In the past I refused to read your postings, because of your closeness to PDP, and your support for Obasanjo's government. Reading your article today, made me think differently. I am still amazed why some people think it is ok to loot the treasury of a state entrusted to them as governor. The magnitude of stealing that these so-called governors are accused of is shocking, I can only conclude that these governors are not only thieves but fools, and unintelligent. Those who are defending them also fall in the same category. Who does not know that corruption and stealing is the reason Nigeria has not developed since inception.
Chief Obidike Ajuluchuku, a member of Gov Orji Uzor Kalu's Reality Organization To align economic growth and economic development only to corruption and abuse by public office holders is to "limit the wider scope of potential economic growth and development".
Acho, in order to have a meaningful and sustainable economic development, the rule of law must be on top of the order, not corruption. Corruption is the result of the absence of rule of law which subsequently impact on all other social-economic growth of a Nation. One other factor, democracy does not exist and can not be in danger unless you have in place a rule of law for citizens to abide by.
The questions as far as I am concerned are: Are the EFCC activities the actual pathway to real economic growth and development in Nigeria? Considering that an accused has not been found guilty of any wrong doing by a court of Jurisprudence for corruption which is the main trust of your argument. Is it the lack of rules that opens the door to corruption therefore preventing economic development from emerging in the face of a long practice as viewed by potential foreign investors? Is corrupting of public trust being used by the practitioners of national leadership who withholds the economic growth and development through the omission of rules by the legislators so that corrupt practice can flow in the absence of public law?
Was corruption in existence before the birth of OUK and others? If so, is corruption a long standing cultural practice since the bunching up of what is now Nigeria. What is the relationship between an alleged corrupt practice by (escape goat) only governors, excessive abuse of national political incumbency and the demonstration of power against opposition groups? Why are governors singled out for Efcc's offensives and not the presidency, legislators, civil servants, associates, NGO's, Foreign Investors, sycophants, standard institutions, and others? Is using accusatory practices a smoke screen to developmental Law of the land which would prevent illegal activities in or outside of public trust? OR Is corruption practices limited to public office holders? What Rules apply to civilian looters of any funds, public or private?
Acho, be mindful of an unmistakable fact. Most Nigerians, both elected officials who govern and the citizens who are governed are not corrupt. If you really want to know, corruption is a crime of opportunity. It is a symptom rather than the cause. We can cure the cause and eradicate the symptom only through the application of Law and order.
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