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When History Judges The Judges

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NJC sack 3 judges

By Sonala Olumhense

Finally, Nigeria last week got around to the touchy subject of taking the filthy wigs off corrupt members of the judiciary and calling criminals and an accessory to the crime.

Naturally, there is an uproar, notably from their professional relatives and sundry members of the corruption cooperative, who jumped up and sideways in alarm.

Certainly, it might have been more tidily done.  But the Nigerian judiciary has not been tidy for 50 years.  Pimps and prostitutes sometimes reject a client, perhaps for body odour or bad breath, but our corrupt judges have never said no to a dirty naira bill.

Military or civilian, Second Republic or Banana Republic, they have cashed in on their exalted seats, in the process serving as an example to the world that everyone has a price.  I do not think they deserve to be extended the benefit of the doubt that, by their collusion, they denied life, opportunity or happiness.

If there is a concession that I make, it is that when they appear in a court, they be permitted a fair trial.  But if jailed, they must be sent to the same jails they saved their collaborators from, their filthy wigs thrown in with them to be used as a pillow.

Hopefully, that will persuade others, that there is truth to the saying that nobody is above the law.

Or will it?

My experience is that former Nigerian leaders, and their families and friends, are above the law.  I think that leaders of the major political parties are above the law. I think that top judges and Ministers, along with their friends and families, are above the law. And that this dichotomy, between those who must obey the law and those who may choose what side of the law they are on, is at the heart of Nigeria’s distress.

Last week, for instance, the EFCC found a reason to issue a denial that the arrests of the judges were undertaken by the DSS because the Attorney General of the Federation had become frustrated by the sluggish pace of the EFCC in responding to petitions sent to it.

It came on the same day that the agency swore that Patience Jonathan, the wife of ex-President Goodluck Jonathan, would be made prosecuted if its investigations yield evidence of corruption against her.

The assertion was made by Iliyasu Kwarbai, the agency’s Deputy Director of Operations, upon the receipt of a petition against Mrs Jonathan and the ruling party from a group of protesters, led by civil society activists, at the EFCC office in Lagos.

In the petition, the demonstrators pointedly accused the EFCC of being selective in the anti-corruption effort.  It demanded the arrest and prosecution of Mrs Jonathan, probe of APC campaign finance, and an end to the existence of sacred cows in the country, including the national leader of the APC, Asiwaju Bola Tinubu, and the former governor of Rivers State, Rotimi Amaechi.

The Human Rights Defenders and Advocacy Centre, which led the protest, said to the EFCC, “You have found evidence incriminating Patience Jonathan, but we are surprised that [she] is still allowed to be walking freely, and even had the audacity to take the EFCC to court to release same money to her.”

The demonstrators challenged the agency to stop parading the slogan, ‘Nobody is above the law,’ citing Mrs Jonathan and former leaders Ibrahim Babangida, Abdusalam Abubakar, Olusegun Obasanjo and Mr Jonathan that it had failed to go after.

Mr Kwarbai was making an important commitment, but also a historically dangerous one.  Every Nigerian leader and every government talks about fighting corruption, but not one has yet produced the courage to do so among the most powerful, where it matters.

I have spoken about the current incarnation of the EFCC.  In its original, under pioneer chairman Nuhu Ribadu, the agency committed the same open boast as Mr Kwarbai.

That was in November 2007, and the venue was that same Ikoyi Office of the EFCC.  The officer in charge: Umaru Sanda, who was the Head of General Investigation.

Receiving protesters of the Coalition Against Corrupt Leaders, which had arrived to file an anti-corruption petition against Obasanjo, he assured them the agency was up to the task, and had fireworks coming down concerning the Obasanjo file.

The following month, the Conference of National Political Parties also publicly filed another petition against Obasanjo.

That was nine years ago. Not once since then, in public or in action, has the EFCC breathed one word in honour of those pledges.

That was also the same period that the EFCC first came face-to-face with Mrs Jonathan: announcing money-laundering allegations against her in August and September 2006, one of them for $13.5 million.

The Commission filed charges against her, but those charges abruptly vanished, never again officially referred to.  Nobody ever officially told this country what was done with the funds the EFCC seized from Mrs Jonathan in August and September of 2006.

It may also be recalled that Mr Ribadu, who was bundled out of the EFCC by the Umaru Yar’Adua government which was owned by the likes of former Delta State governor James Ibori, has since affirmed that Obasanjo was more corrupt—but more “clever”—than Sani Abacha.

Ribadu was replaced at the EFCC by Mrs Farida Waziri, who was so complicit and corrupt Mr. Jonathan buckled under public pressure, and fired her.

When Mrs Waziri arrived at the commission in 2008, one of the most heralded names on the staff was of one Ibrahim Magu, who had a reputation for professional rigor and discipline.  He was one of dozens of top officers handling high-profile cases, including those of Ibori and Bukola Saraki, whom she quickly kicked out of the agency.

Mrs Waziri knew her real mission was to shield corruption, not combat it, and she did.   Among others, she complained that the files of the governors facing prosecution were either missing or distorted, forgetting that they were computer files, which had copies in secure offshore databases.  And she swore there were no petitions against Obasanjo.

Petitions of bribery and extortion against her were legion.  In May 2009, The Public Accountability League (PAL) wrote to President Jonathan alleging that Mrs Waziri was negotiating commissions on EFCC cases, cooking the books, collecting monthly “tolls” from the banks, and buying expensive real estate in Nigeria and abroad.   It offered to present proof.  Mr Jonathan, no surprise here, ignored them, and ordered no probe.

But now, the Magu Mrs Waziri humiliated has her old job. Part of the challenge before him is to probe her tenure, not out of vengeance, but of professionalism.

Is a corrupt judiciary part of the menace of corruption in Nigeria?  Of course, it is.  But it is a massive monster, this menace because nobody in authority has ever summoned the will to prove that everyone is the same before the law.

By all means, let us take corrupt judges before incorrupt judges, including ourselves.  But we must understand that until we can establish we are using the same playbook for everyone, those who fight corruption and those who are being fought will be indistinguishable at the bar of History.

CORRECTION

In last week’s comment, “A Major, General Mistake,” I inadvertently suggested that in April 1983, Major General Muhammadu Buhari launched the “War Against Indiscipline.”  I meant to write April 1984.  I thank my readers who pointed out the error.

[email protected]

Twitter: @SonalaOlumhense

Dipo Olowookere is a journalist based in Nigeria that has passion for reporting business news stories. At his leisure time, he watches football and supports 3SC of Ibadan. Mr Olowookere can be reached via [email protected]

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The Future of Payments: Key Trends to Watch in 2025

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Luke Kyohere

By Luke Kyohere

The global payments landscape is undergoing a rapid transformation. New technologies coupled with the rising demand for seamless, secure, and efficient transactions has spurred on an exciting new era of innovation and growth. With 2025 fast approaching, here are important trends that will shape the future of payments:

1. The rise of real-time payments

Until recently, real-time payments have been used in Africa for cross-border mobile money payments, but less so for traditional payments. We are seeing companies like Mastercard investing in this area, as well as central banks in Africa putting focus on this. 

2. Cashless payments will increase

In 2025, we will see the continued acceleration of cashless payments across Africa. B2B payments in particular will also increase. Digital payments began between individuals but are now becoming commonplace for larger corporate transactions. 

3. Digital currency will hit mainstream

In the cryptocurrency space, we will see an increase in the use of stablecoins like United States Digital Currency (USDC) and Tether (USDT) which are linked to US dollars. These will come to replace traditional cryptocurrencies as their price point is more stable. This year, many countries will begin preparing for Central Bank Digital Currencies (CBDCs), government-backed digital currencies which use blockchain. 

The increased uptake of digital currencies reflects the maturity of distributed ledger technology and improved API availability. 

4. Increased government oversight

As adoption of digital currencies will increase, governments will also put more focus into monitoring these flows. In particular, this will centre on companies and banks rather than individuals. The goal of this will be to control and occasionally curb runaway foreign exchange (FX) rates.

5. Business leaders buy into AI technology

In 2025, we will see many business leaders buying into AI through respected providers relying on well-researched platforms and huge data sets. Most companies don’t have the budget to invest in their own research and development in AI, so many are now opting to ‘buy’ into the technology rather than ‘build’ it themselves. Moreover, many businesses are concerned about the risks associated with data ownership and accuracy so buying software is another way to avoid this risk. 

6. Continued AI Adoption in Payments

In payments, the proliferation of AI will continue to improve user experience and increase security.  To detect fraud, AI is used to track patterns and payment flows in real-time. If unusual activity is detected, the technology can be used to flag or even block payments which may be fraudulent. 

When it comes to user experience, we will also see AI being used to improve the interface design of payment platforms. The technology will also increasingly be used for translation for international payment platforms.

7. Rise of Super Apps

To get more from their platforms, mobile network operators are building comprehensive service platforms, integrating multiple payment experiences into a single app. This reflects the shift of many users moving from text-based services to mobile apps. Rather than offering a single service, super apps are packing many other services into a single app. For example, apps which may have previously been used primarily for lending, now have options for saving and paying bills. 

8. Business strategy shift

Recent major technological changes will force business leaders to focus on much shorter prediction and reaction cycles. Because the rate of change has been unprecedented in the past year, this will force decision-makers to adapt quickly, be decisive and nimble. 

As the payments space evolves,  businesses, banks, and governments must continually embrace innovation, collaboration, and prioritise customer needs. These efforts build a more inclusive, secure, and efficient payment system that supports local to global economic growth – enabling true financial inclusion across borders.

Luke Kyohere is the Group Chief Product and Innovation Officer at Onafriq

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Ghana’s Democratic Triumph: A Call to Action for Nigeria’s 2027 Elections

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ghana election 2024

In a heartfelt statement released today, the Conference of Nigeria Political Parties (CNPP) has extended its warmest congratulations to Ghana’s President-Elect, emphasizing the importance of learning from Ghana’s recent electoral success as Nigeria gears up for its 2027 general elections.

In a statement signed by its Deputy National Publicity Secretary, Comrade James Ezema, the CNPP highlighted the need for Nigeria to reclaim its status as a leader in democratic governance in Africa.

“The recent victory of Ghana’s President-Elect is a testament to the maturity and resilience of Ghana’s democracy,” the CNPP stated. “As we celebrate this achievement, we must reflect on the lessons that Nigeria can learn from our West African neighbour.”

The CNPP’s message underscored the significance of free, fair, and credible elections, a standard that Ghana has set and one that Nigeria has previously achieved under former President Goodluck Jonathan in 2015. “It is high time for Nigeria to reclaim its position as a beacon of democracy in Africa,” the CNPP asserted, calling for a renewed commitment to the electoral process.

Central to CNPP’s message is the insistence that “the will of the people must be supreme in Nigeria’s electoral processes.” The umbrella body of all registered political parties and political associations in Nigeria CNPP emphasized the necessity of an electoral system that genuinely reflects the wishes of the Nigerian populace. “We must strive to create an environment where elections are free from manipulation, violence, and intimidation,” the CNPP urged, calling on the Independent National Electoral Commission (INEC) to take decisive action to ensure the integrity of the electoral process.

The CNPP also expressed concern over premature declarations regarding the 2027 elections, stating, “It is disheartening to note that some individuals are already announcing that there is no vacancy in Aso Rock in 2027. This kind of statement not only undermines the democratic principles that our nation holds dear but also distracts from the pressing need for the current administration to earn the trust of the electorate.”

The CNPP viewed the upcoming elections as a pivotal moment for Nigeria. “The 2027 general elections present a unique opportunity for Nigeria to reclaim its position as a leader in democratic governance in Africa,” it remarked. The body called on all stakeholders — including the executive, legislature, judiciary, the Independent National Electoral Commission (INEC), and civil society organisations — to collaborate in ensuring that elections are transparent, credible, and reflective of the will of the Nigerian people.

As the most populous African country prepares for the 2027 elections, the CNPP urged all Nigerians to remain vigilant and committed to democratic principles. “We must work together to ensure that our elections are free from violence, intimidation, and manipulation,” the statement stated, reaffirming the CNPP’s commitment to promoting a peaceful and credible electoral process.

In conclusion, the CNPP congratulated the President-Elect of Ghana and the Ghanaian people on their remarkable achievements.

“We look forward to learning from their experience and working together to strengthen democracy in our region,” the CNPP concluded.

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The Need to Promote Equality, Equity and Fairness in Nigeria’s Proposed Tax Reforms

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tax reform recommendations

By Kenechukwu Aguolu

The proposed tax reform, involving four tax bills introduced by the Federal Government, has received significant criticism. Notably, it was rejected by the Governors’ Forum but was still forwarded to the National Assembly. Unlike the various bold economic decisions made by this government, concessions will likely need to be made on these tax reforms, which involve legislative amendments and therefore cannot be imposed by the executive. This article highlights the purposes of taxation, the qualities of a good tax system, and some of the implications of the proposed tax reforms.

One of the major purposes of taxation is to generate revenue for the government to finance its activities. A good tax system should raise sufficient revenue for the government to fund its operations, and support economic and infrastructural development. For any country to achieve meaningful progress, its tax-to-GDP ratio should be at least 15%. Currently, Nigeria’s tax-to-GDP ratio is less than 11%. The proposed tax reforms aim to increase this ratio to 18% within the next three years.

A good tax system should also promote income redistribution and equality by implementing progressive tax policies. In line with this, the proposed tax reforms favour low-income earners. For example, individuals earning less than one million naira annually are exempted from personal income tax. Additionally, essential goods and services such as food, accommodation, and transportation, which constitute a significant portion of household consumption for low- and middle-income groups, are to be exempted from VAT.

In addition to equality, a good tax system should ensure equity and fairness, a key area of contention surrounding the proposed reforms. If implemented, the amendments to the Value Added Tax could lead to a significant reduction in the federal allocation for some states; impairing their ability to finance government operations and development projects. The VAT amendments should be holistically revisited to promote fairness and national unity.

The establishment of a single agency to collect government taxes, the Nigeria Revenue Service, could reduce loopholes that have previously resulted in revenue losses, provided proper controls are put in place. It is logically easier to monitor revenue collection by one agency than by multiple agencies. However, this is not a magical solution. With automation, revenue collection can be seamless whether it is managed by one agency or several, as long as monitoring and accountability measures are implemented effectively.

The proposed tax reforms by the Federal Government are well-intentioned. However, all concerns raised by Nigerians should be looked into, and concessions should be made where necessary. Policies are more effective when they are adapted to suit the unique characteristics of a nation, rather than adopted wholesale. A good tax system should aim to raise sufficient revenue, ensure equitable income distribution, and promote equality, equity, and fairness.

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