Group advises Buhari to push high-profile corruption cases before ICC
Human rights advocacy group, Socio-Economic Rights and Accountability Project, has advised President Buhari to consider taking some of the high-profile corruption cases before international criminal courts in order to ensure that justice is served.
The group expressed a concern that the Buhari anti-corruption fight would soon be rubbished if only petty offenders are successfully prosecuted while high-profile corrupt individuals escape punishment and justice.
The advice came on the heels of three major court rulings last week against the Federal Government in its anti-graft campaign.
A High Court of the Federal Capital Territory, Abuja had last Wednesday discharged and acquitted Justice Adeniyi Ademola, his wife, Olubowale, and a Senior Advocate of Nigeria, Joe Agi, who were charged with bribery and corruption.
Also last week, the Federal High Court in Lagos, in two separate rulings, unfroze the accounts of the wife of ex-President Goodluck Jonathan, Patience, with a balance of $5.9m; and the account of Chief Mike Ozekhome (SAN), with N75m.
The EFCC had earlier obtained orders freezing both accounts on the claims that the funds were proceeds of crimes.
In a statement on Sunday by its Deputy Director, Timothy Adewale, SERAP advised Buhari not to limit the corruption cases to local courts but to adopt a revolutionary approach by taking some of the cases to criminal courts with international jurisdiction.
One of such courts, SERAP said, is the International Criminal Court in Hague, Netherlands, stressing that being a state party to the Rome Statute, Nigeria is eligible to approach the ICC.
The organisation argued that acts of corruption by high-ranking officials, their families and associates qualified as international crimes in view of the huge national wealth involved, and the devastating effects of such plundering on the masses.
According to SERAP, the Buhari’s anti-corruption fight would benefit from the expertise, experience, and international best practices adopted in criminal courts of international jurisdiction, which could serve as a complement to the mandates and power of the local anti-corruption agencies and judiciary to successfully and satisfactorily investigate, prosecute and hear high-profile corruption cases.
The organisation said, “The latest setbacks in the prosecution of high-profile corruption cases show the need for effective enforcement measures to weed out, expose, and punish grand corruption in the country. Referring large-scale corruption cases to the International Criminal Court would, in the short-medium term, improve deterrence, and at the minimum demonstrate a symbolic commitment to confront grand corruption head on.
“Referral to the ICC should be considered as a stop-gap measure, and as part of an all-embracing strategy that would inevitably require a fundamental reform of the criminal justice system and the strengthening and empowerment of the country’s anti-corruption agencies.
“SERAP argues that corruption by high-ranking officials, their families and associates is an international crime, especially given the sheer amounts of national wealth involved, and the devastating effects of such plundering, including political instability, weak rule of law, and destruction of the country’s economy.
“Without effective investigation and prosecution of high-ranking public officials charged with corruption, and a judiciary that is willing and able to satisfactorily play its own interpretative role, this government’s fight against corruption may sadly turn out to be all motion and no movement, and this will eventually undermine the legitimacy of the anti-corruption efforts.
“It should not be the case that only petty offenders are successfully prosecuted while high profile corrupt officers escape punishment and justice. Prosecuting the ‘small fry’ and leaving the ‘big fish’ to go unpunished would send a particularly damaging message about the government’s commitment to end large-scale official corruption, legitimise offenders’ impunity, and clearly violate the underlying legal and moral assumptions that a government will treat all persons equally, fairly, and with respect.”
The organisation said it believes that effective prosecution of high-ranking officials would encourage other countries keeping Nigeria’s funds to repatriate same while the country would also enjoy better international cooperation.
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