The pioneer Chairman of the Independent Corrupt Practices and other related Offences Commission, Justice Mustapha Akanbi (retd), 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.
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