Wednesday, November 9, 2016

Return of funds: Should ex-government officials go scot-free?

Latest: Corruption and Money Laundering.

Return of funds: Should ex-government officials go scot-free?




The returning of looted funds in the public treasury is not the punishment for the crime of stealing, corruption, abuse of office, or money laundering. If recovery is made, it is an indication that the persons involved have admitted that they have committed offences. With that admission, it should be a lot easier to get those persons arraigned.

The Economic and Financial Crimes Commission has the power to receive money from criminal suspects and have the money forfeited in lieu of prosecution. However, given what our country has gone through, if a lesson is not taught by having those who committed this crime prosecuted, it is always possible that it will be committed again and again because there will be no disincentive that will discourage people from committing crimes.

The Nigerian state has a duty to ensure that those, who are returning money, are brought to justice and not just allow them to go home. It makes a mockery of the criminal justice system. It makes a mockery of the resolve of the state to fight corruption and it strikes at the heart of the principle of equality before the law.

Many Nigerians know that regardless of the recovery of the loot, petty criminals and armed robbers are made to face justice. So, you cannot have one kind of justice for the rich and the political powerful that will make them return stolen money and go home while the ordinary offenders are still jailed regardless of the loot. As a matter of fact, the loot recovered from them (ordinary offenders) is used as an exhibit.

None of them (ex-government officials) is voluntarily returning money. They are doing so because the situation has changed. And to that extent, their alleged repentance by that conduct of returning or refunding the money stolen is in doubt. They are not sincere; it is because they are compelled by circumstances. Therefore, in my view, they cannot take the benefit of a repentant person and be allowed to go. It doesn’t work that way.  •Mr. Jiti Ogunye (Activist lawyer)

Nobody, who deliberately enriches himself with national wealth, should be allowed to go scot-free. However, I am not averse to plea bargain if that will make adjudication in the case of corrupt leaders faster and easier to get. But what we recommend is that anybody that does not volunteer his loot should be made to spend the rest of his life in a special prison that students will be visiting with a view to learning one lesson or the other that corruption does not pay in the long run.

But those, who voluntarily return their loot, should enjoy discounted punishment; not total freedom. If somebody voluntarily returns everything that he has looted, he can be given a community service (depending on the amount involved) or a short term in prison. But nobody should be allowed to go scot-free.

If somebody makes the government to spend so much money to prosecute a corruption case, the amount spent on prosecuting the case should be added to the amount looted by the person and he should be made to pay back every dime with the interest. The person should also serve a jail term that will be proportional to the amount of looting he has perpetrated. If somebody dies due to the effect of the looting he has perpetrated, he should be considered to have committed a crime against humanity. He should go to a special prison for corrupt leaders. •Mr. Debo Adeniran, (Chairman, Coalition Against Corrupt Leaders)

Anybody, either government or private official, who has embezzled money, should not go scot-free just because the person has refunded the money. I think there should be some form of punishment. It is not sufficient to just refund. The punishment should be based on how much is refunded. The emphasis of the government is to get the money back. But there should be some form of punishment either in terms of imprisonment or community service. That will send a strong deterrent message to people not to do so. Otherwise, people will believe they are caught for stealing, nothing will happen other than to refund the sum. •Mrs. Funke Adekoya (SAN)

The fact that they (ex-government officials) returned the money is a confirmation that they actually stole. They should not be allowed to go scot-free. They have to return the assets and serve the punishment under the law. If merely collecting the money and allowing them to go scot-free is what will happen, then the government is still giving people incentive to steal. That should not be. It encourages stealing of the public funds. The impression that will be created in the minds of other officials is that, “if I steal and I am caught; once I return the money, I will go back home.”

They should be allowed to face the legal consequence even if it is imprisonment. All the money that was stolen must be returned because asset recovery is crucial to the fight against corruption. It is when assets are recovered that true socioeconomic justice would have be done to Nigerians, who are the actual victims of corruption. The legal aspect of justice is imprisonment.  So, socioeconomic and legal justice must be fully ensured.   •Mr. Adetokunbo Mumuni (Director, Socio-Economic Rights and Accountability Project)

I think we need to understand the philosophy and circumstance under which these funds are returned. Before we can make any categorical pronouncement, let government decide the terms under which the funds are being recovered. What are the considerations informing the decision of the government to request the funds allegedly looted rather than pressing charges? All of these must be understood before we can make a pronouncement.

Given the fact that the judicial process of recovering funds overtime has been very slow and unpredictable, there may be an agreement to only recover the money because the government needs it to advance developmental projects for the benefit of the people. There may be a silent agreement that if they return the looted funds, they will not be prosecuted. But if there is no agreement between the government and those who are returning the funds, then the government can prosecute after the recovery.

But in general terms, anyone, who is accused of committing any crime should face the music and government should not be seen as condoling criminality. We need to insist on two things – absolute recovery of ill-gotten wealth and prosecution of those involved in the looting. Again we have to also look at the fact that others who are willing to refund may be scared away if we say government must prosecute everybody that has returned looted funds. • Wahab Shittu (Lawyer)
I am very passionate about the anti-graft issue because Nigerians are not aware of the dangers of graft to the sovereignty and economy of this country.

Corruption is a breach of the oath of office taken by government officials and once culpability is established, they would have betrayed all trust and public confidence and can no longer be trusted with any public office or elective position. As a matter of fact even an allegation or indictment without conviction should be considered a stigma and such persons should not be considered for any public office or elective position for life.

Today, some ex-ministers, who we know had nothing but were working in an office in London prior to their appointment, now have trillions in coded accounts and are hiding in Europe. The EFCC has not even beamed its searchlight on them.

We need a platform for whistle-blowers; encourage smart technology, more online payment platform for all government agencies and their services among others. •Dr. Moyosoreoluwa Fraser (International Coordinator, Movement Against Corruption)



Compiled by Afeez Hanafi

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