The Provocative Executive Order on Corruption

Ring True with Yemi Adebowale; Email:  yemi.adebowale@thisdaylive.com; 07013940521 (text only)

Let me say it straight away: The Executive Order No. 6 on the Preservation of Suspicious Assets Connected with Corruption and other Relevant Offences signed last week by President Muhammadu Buhari is outrageous, unconstitutional, undemocratic and targeted at opposition politicians. 

The contentious Order 6 says: “Without prejudice to any law or existing suits or any other rights arising out of or in respect thereof, all assets of any Nigerian citizen within the territory of the Federal Republic of Nigeria, or within the possession or control of any person known to be a current or former government official, a person acting for or on behalf of such an official, any politically exposed person or any person who is responsible for or complicit in, or has directly or indirectly engaged in corrupt practices and other relevant offences, are forthwith to be protected from dissipation by employing all available lawful or statutory means, including seeking the appropriate Order(s) of court where necessary, and shall not be transferred, withdrawn or dealt with in any way until the final determination by a court of competent jurisdiction of any corruption related matter against such a person.”

Most of those to be affected by this Order are opposition politicians battling with corruption cases in various courts. For me, it amounts to impunity and lawlessness to issue an order targeted at specific people. This order is also subjudice because those targeted have ongoing cases in various courts. Just imagine a man who has not been convicted by a court of law, having his assets seized while the case is still on. This is preposterous and must not be allowed to stand in a democracy. It is impunity for Order 6 to indicate that the Attorney General, who is implementing it, will only seek the approval of a court “where necessary” before seizing suspicious assets. The approval of the court should be mandatory in all cases, not optional.

The conclusion of the highly distinguished and cerebral founder of Proshare, Olufemi Awoyemi, aptly captures the infamy of this order. He said: “Section 1(c) (ii) of Executive Order 6 gives the AGF the power to from time to time, to publish the list of all assets protected by the Order. This provision offends Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which embodies the fundamental right of every person to presumption of innocence. The AGF lacks the constitutional vires to determine who is corrupt or which asset is derived from corruption. While the AGF, investigative and prosecutorial agencies may form opinion on the culpability of persons for corrupt practices, only a court of competent jurisdiction can make a finding on criminal culpability.

 “The usurpation of the judicial powers of the Courts under Section 6 of the Constitution via the Executive Order is an aberration of our constitutional democracy and the Rule of Law. It is humbly submitted that the Executive Order 6 has failed the test of constitutionality and is invalid, null and void. I urge President Buhari to resist the destructive impulse and perception to return Nigeria to the dark era of military dictatorship. It is no longer tenable for a President under a democratic dispensation to seek to rule by draconian Decrees or through the route of executive orders; and in this case, on matters which in all considerations are subjudice in a narrow sense; but in the main lends to an abuse of court process.”

Another noticeable thing about this Order 6 is that it is an obvious continuation of the cold war/power show between the Attorney General of the Federation/Minister of Justice, Abubakar Malami and the EFCC boss, Ibrahim Magu. Malami had always wanted power to fully determine how this crooked war against corruption is fought. Evidently, Order 6 was his agenda. Our AGF got all the powers he had always desired in this Order. 

It was specifically stated in the contentious Order that “the Attorney General of the Federation shall have power to coordinate the implementation of this Order and to enlist the support of any enforcement authority, or any other person or entity as may be required or permitted by applicable law in order to give effect to this Executive Order; the authority of the Attorney General of the Federation to preserve Assets pursuant to this Order shall extend to any person who is under investigation in accordance with applicable law in connection with having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or howsoever in support of any corrupt practices or other relevant offences by any person whose assets are protected pursuant to this order.” 

Again, Order 6 is a total duplication of the EFCC Act which contains several provisions regarding temporary or permanent forfeiture and how the forfeited assets have to be administered transparently, but the power to grant such temporary or permanent forfeiture resides with the court.

Criticism of Order 6 pours. It is heartwarming that patriots have refused to be intimidated. According to the Human Rights Writers Association of Nigeria (HURIWA), “the executive order is possibly a politically tainted move to crush opposition politicians, take over their assets over nebulous charges and make them financially impotent to confront the incumbent President in the next year’s general election in which the incumbent plans to run.”

The Enugu Diocese of the Church of Nigeria, (Anglican Communion), after its 17th Synod, expressed worries about Order 6, “because it came into effect when the country is planning an election and when the fight against corruption seems lopsided.”

For the opposition PDP, Buhari’s Order 6 “is a travesty of justice and rule of law, as it vehemently seeks to hijack and usurp the powers of both the legislature and the courts and vest it on himself so that he can use same at will, as a political instrument, to haunt, traumatise, harass and victimise perceived political opponents.”

My points have been clearly made. Presidential Order 6 is an absurdity. Progressive forces must challenge it in the court of law. This lawlessness must not stand in a democracy.

Kemi Adeosun, This Game is Over 

On Wednesday, I carefully listened to the analysis of a former Director of Mobilisation at the National Youth Service Corps, Anthony Ani, on the Kemi Adeosun NYSC exemption certificate saga. I am convinced that the game is over for our finance minister. “The certificate of exemption purportedly issued by the NYSC to Adeosun is fake”, declared the former NYSC director on television. Ani was in charge of deployment of corps members. 

He explains further: “The NYSC cannot issue that kind of certificate. We could not have issued that type. Brig. Gen. M. I Tsiga was the Director-General of the NYSC in September 2009 but curiously, it was Brig. Gen. Yusuf Bomoi, who purportedly signed the one belonging to the minister. The certificate that I saw, if it is the one that they are talking about, the one I saw online, it was not issued by NYSC. I don’t know who issued it. It was not issued by NYSC because what I saw there, the signatory to that certificate was our DG (Gen. Bomoi) who left in January and Gen. Tsiga took over from Gen Bomoi. Tsiga was a sitting DG even as of that September 2009. So, I don’t know where her certificate came from but NYSC cannot make that kind of mistake. The NYSC that I served, I know can never make that kind of mistake.”

Ani said it was impossible for the NYSC to have issued a certificate of exemption to someone who graduated below the age of 30: “So, even if you graduate at the age of 20 and you are in the United States and you have not made yourself available to be mobilised, whenever you come back, even if you are 60 years, you have to undergo the NYSC.”

For me, this is a straight forward case. Let’s even assume that Adeosun possess a genuine NYSC exemption certificate, it is obvious that she was under 30 when she graduated. So, she was not entitled to an exemption certificate. It was fraudulently issued and this is corruption. Adeosun should honourably step aside. All those involved in this shenanigan must be punished.

Just 12 Executive Bills in 3 Years

Twelve Executive Bills in three years. Yes, that’s all the Executive arm of government at the federal level has to show for over three years in government, yet, it claims to be passionate about the socio-economic turnaround of this troubled country. These bills, apart from the statutory budget-related ones, were sent to the National Assembly at the rate of four per year. Of all the 12 bills presented by the Executive in three years, only two are linked to the anti-graft chant that brought the Buhari- government into office on May 29, 2015. It is obvious that the federal government has been very busy fighting a skewed corruption war instead of coming up with bills that will help overhaul the system and actualise its promised change. What a country!

Warnings about Decline in Food Supply 

Nigerians are already paying more for staple food because warnings about drop in food supply were never engaged. Recall that FSDH Merchant Bank analysts warned that the country risks further decline in food supply, which could lead to upsurge in food prices if the herdsmen/farmers clashes across the country remain unchecked.  The report stated: “FSDH Research observes that the agricultural GDP growth rate in first quarter (Q1’ 2018) recorded the lowest growth rate in the last 18 quarters since 2014. The insecurity challenges in the food producing states in the country may be responsible for this development. If the trend continues, food supply may drop leading to escalating prices. Thus, both local and imported food prices may place upward pressure on inflation rate.”

Amnesty International gave a similar warning, stating that thousands of farmers had been pushed out of their farms by rampaging herders, thus putting Nigeria’s food security at risk. Prior to all these warnings, prices of staple food had been on the rise due to dwindling supply. Just check out the prices of essentials like Beans, Rice, Gari, Semovita, Yam, Plantain and Maize, and you will understand what I am talking about. Most families across our country are struggling to feed twice a day. The resurgence in attacks by herders has compounded the food supply challenges. A responsible government would have engaged all these warnings a long time ago. Unfortunately, right now, we don’t have a responsible government in Nigeria.

The Ruins of Gandi Village 

Residents of Gandi village and some nearby communities in Rabah Local Government Area of Sokoto State are still burying their loved ones. Unknown gunmen attacked Gandi on Monday, killing and maiming. As at the last count, 39 bodies had been picked and buried in Gandi, Tabanni, Gidan Barebari, Akuzo, Dankilawa and Buronga. Governor Aminu Tambuwal who attended one of the burials offered little succour. His speech was the usual rhetoric by government officials. An Internally Displaced Persons camp has emerged at Gandi Model Primary School on the outskirts of the town with hundreds struggling for food and other basic needs. The traumatised villagers have refused to return to their homes because they are convinced that government is incapable of protecting them. The unending killings across Nigeria have finally berthed in Sokoto State. For how long shall Nigerians continue to bury their loved ones? The Buhari government has evidently failed Nigerians. I believe Nigerians know what to do in 2019.