Buhari's crime is indeed a serious one

While the PEO6 issued in July 2018 has been viewed by some lawyers, rights groups and the opposition PDP as a pretext under which the President would hunt down his perceived political opponents, the Buhari led government on its own part hold the PEO6 as a revolutionary executive instrument aimed at curbing the dangerous menace of corruption – the fight against graft being a pivotal project of the Buhari led administration.

PEO6

As the name implies, the PRESERVATION OF SUSPICIOUS ASSETS CONNECTED WITH CORRUPTION AND OTHER RELEVANT OFFENCES ORDER, 2018 empowers the government to, in the interim, seize property that are subject of either criminal trials or ongoing criminal investigation to forestall the dissipation or disposal of such property by the suspects concerned.

The PEO6 consists of a preamble, seven sections and two schedules. Right from the preamble, the President has left no one in doubt of the government’s resolve to stamping out the inimical and pervasive influence of corruption that has permeated all spheres of our society.

The opening read to the PEO6 2018 clearly captures the sentiments shared by the government. Firstly, the preamble provides that, “Whereas it is the responsibility of the Federal Government of Nigeria to protect the resources of Nigeria from all forms of Corruption”; secondly,

“Whereas Corruption constitutes an unusual and extraordinary threat to the well–being, national security and stability of the country’s political and economic systems, as well as its continuous existence; and must be effectively addressed”; and thirdly

“…it is the duty of any responsible government to restrict dealings in suspicious assets subject to corruption related investigation or inquiries in order to preserve same in accordance with the rule of law and to guarantee and safeguard the fundamental human rights”.

Criticisms.

As stated earlier, the PEO6 has come under severe criticisms in some quarters; a scenario informed by the fear of a likely abuse of the EO6 by the executive. But the question is: Should we jettison an Executive Order of this nature which seeks to tighten the noose around the necks of corrupt individuals who have been and are largely responsible for our nation’s all round underdevelopment on the basis of the fear of executive abuse?

Or should we fashion out policies even outside of the EO6 to ensure that its tenets are carried out in strict accordance with the rule of law?

Legal Provisions.

For those afraid of a likely abuse, the PEO6 has categorically stated that its tenets are to be achieved “by employing all available lawful or statutory means, including seeking the appropriate Order(s) of Court where necessary, and shall not be drawn or dealt with in any way until the final determination by a court of competent jurisdiction of any corruption related matter against such a person” as provided for in Section 1.

Furthermore, Justice Ijeoma Ojukwu of the Federal High Court in Suit No. FHC/ABJ/CS/740/2018 appears to have even struck down the discretionary flavour as conveyed by the phrase “” in Section 1 by holding that the Attorney General should at all times apply to court for an order whether by or on notice as the case may be before the seizure of property as contemplated under PEO6.

Evils of corruption

Many are of the firm belief that corruption is largely, if not solely, responsible for the travails that have plagued us as a nation right from the outset. Our politicians and other public office holders have not only sapped dry our commonwealth, but have also institutionalized the act of looting the public treasury. They would stop at nothing to disparage and smear any move such as the PEO6 that is geared towards halting their insane diversion of public funds to achieve their selfish ends.

They would dissipate all efforts too at hoisting the banner of human rights as if our poor road network, poor healthcare system, poor food security, poor educational standard, pathetic conditions of our prisons and other detention centers are not as a result of the humungous sums of money lost to corruption.

Which in turn accounts for a denial of our fundamental right to movement, right to life, right to own property, right to fair hearing, right to peaceful assembly, the freedom of worship and to hold opinion, and the enjoyment of other basic social amenities such as good health, shelter, good education, access to portable drinking water, good sanitary conditions, humane detention conditions, food security and regular power supply.

That flagrant diversion of public funds by politicians and public office holders is a ubiquitous phenomenon in Nigeria is no longer news. All across the nation, our roads are sadistic death traps. Our clinics don’t even have the least of accessories such as hand gloves. Our kids are compelled to sit on the floor or rocks as they get tutored under trees. Our communities still go to drink from near out-of-reach bacterial infested streams. One can go on infinitely with the ripple effects of corruption which are as dangerous as the direct effects.

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The billions of dollars in arms deal diverted by the Dasuki led clique, for instance, accounted for the immediate cause of the sustained insecurity in north-eastern Nigeria in the hey days of the Boko Haram terrorist activities, which rendered the right to life a mere fantasy in that region. So also, the prevailing torrid security situation at the time brought about either a massive displacement of persons or acute restriction of movement, therefore limiting the right to movement.

As people could not move, farming became a fantasy and the right to food and life was affected. As people could hardly step out in the open, schools, health centers, worship places (which were particularly the targets of the terrorists) became inaccessible and the people’s rights to education, healthcare and the freedom of worship and to peaceful assembly became hampered.

The overconcentration of displaced persons and refugees within and outside Nigeria resulted in poor sanitary conditions and outbreak of preventable diseases which caused so many deaths there by obliterating the right to life of those IDPs and refugees. Our military personnel who suffered large scale fatal casualties as a result of outmoded weaponry and accoutrements had their right to life violated.

In an exceptional appreciation of the Nigerian problem as caused by graft, sleaze, or corruption, John Campbell and his co author Mathew T. Page eloquently stated in their recently published book entitled, “” as follows:

“Kleptocracy and government dishonesty have corrosive effects on popular confidence in governance. Official and unofficial corruption undermine the democratic trajectory and risks overwhelming it. It is among the most important hindrances to the country’s economic and social development”.

The duo went further to state that:

“.”

The Buhari led administration in a zestful demonstration of its stand against graft might have encroached a little bit into the realm of overzealousness – granted! But looking at the considerable existential threat corruption poses to our dear country, wielding a cudgel with which to club those culpable may not be out of place.

As the PEO6 is set to undergo further constitutional tests up to the Supreme Court, all critical stakeholders must rally round this executive instrument with the caveat that the PEO6 is carried out within the ambit of the law and not to throw the baby with the bath water.

Corrupt individuals or groups by their nature will stop at nothing to foil the anti-graft fight as we have witness on countless occasions. They churn out all sorts of excuses, mostly lame, and rarely genuine in their quest for self preservation. No wonder the Buhari administration has been accused of going only after members of the opposition.

Much as this might appear to be the case on the periphery, on a deeper examination, that may yet prove not to be the case. The last time I checked, the only former Governor that is cooling his feet in the prison after conviction and sentence on corruption charges is a card carrying member of the governing All Progressives Congress. We must accept that even our own should be responsible for the consequences of their action if we are to develop as a nation!

Initially, siphoning public funds by the corrupt ruling elite in Nigeria was as simple as chewing lush meadows. But under the Buhari led administration, looting which first looked like chewing pebbles now looks like chewing rocks as the anti corruption gear is being steadily shifted unto a higher level.

Buhari’s crime is both simple and serious and it is: his avowed determination to change the status quo.

Written ByPrince Singa Edward Zhattau

The views expressed here are solely those of the author in his private capacity and do not in any way represent the views of Pulse as an organization.