The pioneer Chairman of the
Independent Corrupt Practices and other related Offences Commission,
Justice Mustapha Akanbi (retd), in this interview with SUCCESS NWOGU, speaks on looters’ list recently released by the Federal Government and other anti-graft issues
What is your reaction to the looters’ list recently released by the Federal Government?
Corruption or stealing knows no colour.
If anybody is guilty of corruption or indicted for taking public money,
such person should be dealt with according to the law. The question of
allowing the person to go scot-free does not help society. Once there
are verifiable facts that a person had committed a crime, such a person
should be dealt with whether or not the offender is a member of the All
Progressives Congress, Peoples Democratic Party or any other party. I do
not like the idea of giving preference to A or B. I am not concerned
about a particular party. If you belong to any party and you have
misappropriated or embezzled public funds, let the law take its course.
That will demonstrate to the people that no matter who is involved, the
government is committed to fighting corruption.
When we were handling corruption cases,
one man, who is a member of the ruling political party, a minister in
the government of former President Olusegun Obasanjo, was accused of
corruption. The minister was Obasanjo’s senior in school.
Notwithstanding, we arrested him. The man was from Iree in Osun State.
There was also a permanent secretary
that we arrested and we published his name. There were many other highly
placed people that we arrested. But Obasanjo did not come to us to say,
‘why can’t you consider this or that?’ I knew at the time we arrested
some of them, we chased them away, those who made attempts to influence
us. What is the essence of setting up the ICPC if you are going to
distinguish A from B? There is no point to distinguish between who to
punish and who not to punish. The way things are now, I must confess
that there are some things I do not understand.
Do you agree with those who said the list has cast doubt on the anti-corruption crusade of the Buhari administration?
Well, I do not know if people have
facts, but the ruling party has said that if you know somebody in their
party who has committed a crime, mention his name. What I know is that
if indeed there are people in the APC who have committed crime, and they
are not being prosecuted and punished, it will not give the impression
of fairness and justice.
But government should have
intelligence report and information about people who are corrupt. Why
are they pushing the responsibility to ordinary Nigerians?
It is not the responsibility of the
executive to arrest corrupt persons. It is the work of security agents.
The law enforcement agents will have to carry out diligent
investigation. Currently, government is giving out rewards to people who
provide information about corrupt individuals. In essence,
whistle-blowers are paid some money. In our own time, they were not paid
any money. But if they get information and the government is not
willing to come out, then they are at liberty to speak out. However,
such whistle-blower must make sure that he or she has factual report or
credible information that could lead to the arrest of anyone. If you do
not have factual report and you arrest somebody, people will go with an
idea that you are just on a witch-hunt and that you are not doing what
is right. I have a feeling that those who are giving out information
about corrupt people will have some form of verifiable information.
What is your response to Mr.
Reno Omokri, a former aide to former President Goodluck Jonathan, who
released names of some people not included in the FG looters’ lists?
The FG should respond to it and approach
him for facts. FG should also investigate the allegations. Once
somebody has been courageous enough to bring out a list, it should not
be dismissed. They should look into it and examine it and if there is
substance, prosecution should follow. It is easier for them to call
people in their party who are included in the list to say: this is what
has been said about you, can you defend yourself? They should give the
list to the EFCC to investigate. The anti-graft agency should interview
those whose names are on his (Omokri’s) list.
The Transparency
International recently gave a damning report that corruption is
worsening in Nigeria even with the Buhari government’s fight against
corruption. What is your take on this?
As for TI, I know during our time, the
group sometimes made statements which were not backed up with facts. But
all the same, if they make such statement, the government is at liberty
to get in touch with the group and ask them to provide concrete
information and if they fail to give you, you then tell people that they
are telling lies. They are seen to be responsible; Obasanjo was one of
them. If government deliberately decides to shield some people, they
will do a disservice to the nation and to the anti-corruption fight.
What, in your own opinion, is the best way to stem corruption in Nigeria?
I have written many books on how to
address corruption. Some members of the National Theatre of Ghana came
to my library, the Mustapha Akanbi Library, in Ilorin, recently. I gave
them my books on anti-corruption because the woman, who led the
delegation, has also accused the Ghana judiciary of dishonesty. I have
written and spoken a lot about anti-graft. If Buhari is making
corruption war a focal point of his political philosophy, then there is
no reason why he should shield anybody because if he does that, he is
applying double standards.
Do you think the nations’ institutions are adequately strengthened to fight corruption?
Corruption is a battle which all of us
must fight. If we do not kill corruption, corruption will kill Nigeria.
Before Buhari came to power, I have said that several times, most
people, including the Obas, the Obis and the Emirs, were collecting
money from politicians. We delivered lectures and did other things on
how to stem corruption but people resisted such strategies. When the
anti-corruption law was passed, all the states were against it. They
said the FG had no power to make law against corruption. We had to fight
that for almost three years until the Supreme Court ruled that FG had
powers to make anti-corruption laws. That time, the states engaged the
services of Chief Rotimi Williams and Chief Ben Nwabueze. In fact,
Rotimi Williams reported me to a former Chief Justice of Nigeria,
Justice Mohammed Uwais. We were very close and he respected me because
we were holding meetings in my office. For three years, I had to get Afe
Babalola to do his best for me, to act as amicus curia (a friend of the
court) because the Supreme Court appointed Rotimi Williams and Ben
Nwabueze as amicus Curia. Uwais was my mate. I told him that those
people were on the side of the suspected corrupt people. Why can’t you
appoint Afe Babalola? And he did. Afe Babalola and I were working hand
in glove. So, most of the states did not like FG’s fight and laws
against corruption. It is not a question of the Senate, House of
Representatives or House of Assembly. The Sultan of Sokoto, Alhaji
Muhammadu Maccido, who died in a plane crash, was one Emir who supported
us. It is the orientation of Nigerians. We have not worked hard to
fight a common battle or to fight a common enemy. Everybody feels that
when it comes to corruption, it should be a case of ‘if you cannot beat
them, join them’.
What is your advice to
Nigerians on the forthcoming 2019 elections, especially when some
people, who are perceived to be corrupt, are struggling to contest one
position or the other?
Nigerians should not vote for them. If
we say we are fighting corruption and there are allegations of
corruption against them, why should Nigerians vote for such people? When
allegations have been made, they should be investigated. Nigerians
should not vote for corrupt people. We know that corruption is evil. I
know how I feel now. I was lucky because they increased my pension
through the effort of the former Executive Secretary to the National
Judicial Council, Mr. Danladi Haliru. He fought hard and confronted the
Salary and Wages Commission. He told the agency that the amount they
were paying me was very meager. I even believe that they did not give me
my due gratuity. I could not believe that I would work for 25 years and
they will give me a paltry sum. But Haliru did very well for me before
he left. If somebody has embezzled our money, and he wants to contest an
election, we should not vote for such person. I would not vote for the
person. If your name appears on the list of corrupt persons, believe me,
I cannot, because of you, leave my bed here to go and vote. I advise
every Nigerian not to vote for corrupt people. Corruption has done and
is doing great evil and havoc to this nation. Corruption is terrible. I
still say it with pride: nobody had ever influenced me in my job as a
judge or as an anti-corruption czar. The first day one woman tried to
influence my late wife, I was very angry. From that day, she knew that I
could not be influenced. Corruption is bad. I would have gone with the
feeling that we took a gift from the woman. I went back to the office
and wrote that her husband should be prosecuted.