It is very strange that some Nigerian intellectuals like Professor Ango Abdullahi, are demanding that President Buhari should exercise absolute
power in ruling Nigeria contrary to the provisions of the constitution of Nigeria. The President, the executive branch of the government cannot fight corruption alone. The National Assembly (the Legislative) and the Judicial arms of the government must play
their parts properly in combating corruption in Nigeria. Speaking at a townhall meeting with Nigerians in Addis Ababa, Ethiopia, on Sunday, 31 January 2016, President Buhari admitted that the war against corruption cannot be won without the full participation
of the Judiciary. On the failure of the Judiciary to play their constitutional role, Buhari said, "On the fight against corruption vis-à-vis the Judiciary, Nigerians will be right to say that is my main headache for now. He stated further that "the ongoing
fight against corruption in Nigeria can be effectively tackled with the strong support of the judiciary." On assuming Presidential power in May 2015, Muhammadu Buhari had inherited over a thousand cases of corruption filed during the 16 years rule
of the PDP, which the courts had failed to adjudicated upon expeditiously and Buhari's government had filed over four-hundred cases within six months of assuming power. Regardless of the consequences of the stolen public funds on Nigerians, the Nigerian Judicial
officers granted bails to robbers of public funds and adjourned their cases sine-die. On Wednesday, 10 February 2016, the then President of Nigerian Bar Association (NBA), Mr. Augustine Alegeh, reacted to President Buhari's speech in Ethiopia on 31 January
2016. Mr. Alegeh said, "Such generalisations and categorisations of the judiciary as being an obstacle to the anti-corruption crusade is aimed at intimidating the judiciary." Mr. Alegeh elaborated, "The NBA condemns in its entirety the
generalisation and/or categorisation of the Judiciary as being corrupt and an impediment to the zero corruption policy of the present administration." The NBA President did not offer any explanation as to why cases of corruption filed in 2007 were
still pending in courts in 2016.
While declaring that his government had given priority to anti-corruption war at an International workshop arranged by the National Judicial Institute (NJI), Abuja, on Monday 18 July
2016, President Buhari urged the Judiciary to be on the forefront of the fight against corruption. He said among other things, "Critically important also, is the sacred duty of the judiciary to ensure that criminal justice administration is not delayed.
I am worried that the expectation of the public is yet to be met by the judiciary with regards to the removal of delay and the toleration of delay tactics by lawyers. When cases are not concluded the negative impression is given that crime pays. So
far, the corruption cases filed by the government are not progressing as speedily as they should in spite of the Administration of the Criminal Justice Act 2015, essentially because the Courts allow some lawyers to frustrate the reforms introduced by law.
This certainly needs to change, if we are to make success in our collective effort in the fight against corruption. …//… The Judiciary must fight delay of cases in court as well as it fights corruption in its own ranks, perceived or otherwise."
(Culled from Nigerian Vanguard online titled : Corruption War, Delay Tactics, Judicial Officers, Hampering Progress - Says Buhari).
Since the Judiciary remained aloof to Buhari's appeal to act speedily on pending high profile cases in courts, the Executive arm of the government devised a radical means of dealing
at least with some corruption suspected Judicial officers. Thus in early October 2016, homes of some High Court and Supreme Court Justices were combed by the DSS and bails of foreign and domestic currencies were recovered including bank account documents testifying
to wealth far beyond the legitimate income of the Judges. The very Nigerians who are today blaming Buhari for not fighting corruption, rushed to condemn the invasion of the homes of the Justices by DSS which they regarded as an assault against the third arm
of the government. Buhari was branded a Dictator by the same people like Ango Abdullahi who are now craving that he, Buhari, should use unconstitutional means to fight corruption. Nigerian Judicial Officers collude with corrupt officials to share proceeds
of crimes and set the culprits free. Even in some cases, the Judges issue permanent injunctions forbidding the investigating agencies from arresting, detaining, interrogating and prosecuting suspected criminals.
On 23 March 2007, Justice Ibrahim Nyaure Buba granted a permanent injunction forbidding the EFCC from investigating Peter Odili, the Governor of River State for looting the treasury
of the state for the sum of N100billion. Peter Odili got the injunction shielding him from investigation and prosecution two months to the end of his two terms tenure as governor of the State (1999-2007). EFCC appealed against the permanent injunction to the
Court of Appeal but as year 2019 is closing to an end the appeal is yet to listed for hearing by the Court Registrar. It is often said that, within the judiciary in Nigeria, Court Registrars are the richest because they know judges who can be bribed and they
can make casefiles disappear in exchange for suitable price. Before Peter Odili, there was Joshua Chibi Dariye, the Governor of Plateau State, 1999-2007. In January 2004, the Metropolitan police in London uncovered the sum of £11, 560 in a locked briefcase
while conducting a search at 127 Chiltern House, Portland St. London SE17, in connection with a suspected case of computer theft via internet purchase. The Nigerian owner of the briefcase, Mr. Christopher Mekwunye, told the police in London that the Governor
of Plateau State, Joshua Chibi Dariye, gave him the money to deposit into his account with Barclays Bank, London. Subsequent investigation by London Police showed that Dariye operated eight UK Bank accounts, seven of which were in Sterling accounts while one
was in a dollar account. On September 2, 2004, the Metropolitan police arrested Joshua Chibi Dariye in his Marriot Hotel room in London while visiting. Various amount of money in different currencies totalling well over £90, 000 were recovered from him. He
was charged to Court for money laundering but he was granted bail and restricted from travelling outside London,while his passport was seized. However, Dariye jumped bail and returned to Nigeria to resume as Governor of Plateau. Olusegun Obasanjo took a radical
measure by supporting six willing members of Plateau House of Assembly with security forces to impeach Dariye. A constitutional case was raised at the Supreme Court and the impeachment of Dariye was declared unconstitutional. Dariye enjoyed his two terms tenure.
When in early September 2007, the UK government handed over a cheque of N23 million to the federal government as representing the money seized from Dariye, he petitioned President Yar'Adua on 28 September 2007 stating that the actual amount seized from him
in 2005 was £2,961,560 which according to him at time was equivalent to N770,056,000.00. In July 2007, the EFCC filed a 23-count charge of embezzling Plateau State's fund against Dariye but the corrupt Nigerian Judiciary pussy-footed with his trial until he
was convicted in June 2018 for stealing ecological funds of N1.62 billion belonging to Plateau State. However, the Appeal Court reduced his jail term to 10 years on 16 November 2019 even though the court equated the consequence of his crime to murder. It is
remarkable that he defected from PDP to APC in 2015, having been a Senator from 2011.
Orji Uzor Kalu was the PDP Governor of Abia State from May 1999 to May 2007. Conscious of what awaited him after his tenure in office, he approached
Abia State High Court on 31 May 2007 for an injunction order restraining the EFCC from arresting and prosecuting him. However, on 27 July 2007, Ribadu led EFCC arraigned Kalu before an Abuja High Court on a 107 count charge of money laundering, official corruption
and criminal diversion of billions of naira belonging to Abia State into his private companies. The presiding Judge, Justice Binta Murtala Nyako, granted Orji Uzor Kalu bail while was asked to deposit his international passport with the court's Registrar.
On 5 August 2007, Kalu petitioned President Yar'Adua and complained about the failure of EFCC to obey Abia High Court order of stay of proceedings against him. During the hearing of Kalu's motion on 5 September 2007, the Attorney General of the Federation,
Michael Aondoaka, sent a representative to take over the case from the EFCC and urged the Court to respect the Abia High Court order issued in favour of Kalu. Earlier on 7 August 2007, Kalu had presented a letter from a United State's Hospital requesting his
presence at the hospital for approval to perform brain surgery on his wife, Ifeoma Ada Kalu. The letter bearing the signature of Dr. Peter Black came from The Brigham and Women's Hospital in Boston, Massachusetts. Kalu wanted his passport released to him so
that he could travel to the US for his wife's sake. Nuhu Ribadu contacted the hospital in question and a reply by fax signed by the assistant to Dr. Peter Black, Heather Galvin, denied that the hospital sent any letter to Kalu as no patient with the name Ifeoma
Ada Kalu was either admitted or a patient in the hospital. In normal countries, Kalu would have been charge to court for perjury and forgery. Almost 9 years after the EFCC first arraigned Orji Uzo Kalu for looting Abia State treasury, the Supreme Court of
Nigeria on 18 March 2016 delivered a judgment which stated that the ex-parte order obtained by Kalu from Abia High Court which restrained the EFCC from arresting, detaining or prosecuting him was not bounding on Abuja Federal High Court
where Kalu was being tried. Thus, the case was remitted back to Abuja Federal High Court for commencement of Kalu's trial. Kalu and others filed another motion in which they wanted the
Court to determine whether the EFCC and the federal government were competent to prosecute a case involving the revenue of a State. It was discovered that Governor Kalu as the Chief Security Officer of Abia State had transferred billions of naira from Security
Votes to the accounts of his Slok companies.
Kalu and his hoards of SANs had argued that Security Votes are unaccountable and cannot be retired that is
to say, it cannot be returned to the treasury if not spent. The appeal Court dismissed Kalu's argument saying because the Security Votes are not accountable and retire-able does not mean they are steal-able or/and they can be pilfered with impunity. After
12 years of legal wangling, Orji Uzor Kalu was recently jailed 12 years for stealing over 7 billion naira from Abia State between 1999 and 2007 when he was Governor of the State. Yet, he crossed from PDP to APC in 2017.
Referring to a distorted faction of the statement made by the National Chairman of the APC, Adam Oshiomhole, last year, Professor Ango Abdullahi stated that those who stole public
funds but joined the APC have been forgiven their sins. What Adam Oshiomhole said that those who returned stolen public assets with sense of remorse will be forgiven and would be admitted into APC if they wished. Plea bargaining is allowed in law. What professor
Ango Abdullahi should be concerned about is why it takes several years for the Nigerian Judiciary to adjudicate on corruption cases. In China a person who steals public funds of the same magnitude as Orji Uzor Kalu will face death sentence, while in Japan
or South Korea it is life sentence. Why are Nigerian Judges extremely generous in granting bails to treasury looters and criminals? Former Minister of Interior, Abba Morro, organised a recruitment exercise into the Nigerian Immigration Service on 15 March
2014. 676,675 applicants paid N1,000 non-refundable fee to partake in the exam for admission for about 5,000 cadets. The evolving stamped at the overcrowded centres resulted in the death of 19 Nigerian youths while many were injured. Subsequent EFCC investigation,
showed that Abba Moro, Permanent Secretary to the Minister of Interior at that time by name, Anastasia Daniel-Nwobia; a deputy Director in the Ministry, F.O. Alayebami conspired with the owner of Drexel Global Tech Nigeria Limited, Mallam Mahmood Ahmadu to
share the recruitment fees totalling 676 million, 675 thousand naira. The EFCC found that Drexel Global Tech Nigeria Ltd was an unregistered company with no legal right to enter such contract. Mahmood Ahmadu withdrew N423,800,000
from the recruitment fees and disappear into thin air till date. Abba Moro and others were arraigned in court but they have been granted bail since 2017. Abba Moro is now even a PDP Senator. Can the Nigerian Judiciary bail the 19 youths to life from their
graves? Corruption thrives in Nigeria not because the Nigerian Judiciary has entered alliance with the treasury looters for the purpose of sharing proceeds of corruption against the wish of Buhari and APC. The day Nigerians can direct their angers against
the Nigerian Judiciary to do justice according to the law, corruption will disappear in Nigeria.
S. Kadiri