Already tagged as a retirement home for former state governors by the National Assembly especially the Senate, another nomenclature is now looming in the background – a strategic sanctuary for some high-profile suspects.
No thanks to the number of ex-governors that troop there after their tour of duty as states helmsman. Such optics, though not illegal, question the country’s moral quotient and hamper democracy in various ways but also dent the NASS’ institutional image. BY ENO-ABASI SUNDAY.The presence of prosecuted former governors in the Red Chambers creates a cycle of impunity, affects the quality of lawmaking and engenders the passage of self-preservative laws, just as the colony of accused lawmakers questions the integrity of the country’s democratic institutions.
The character, composition and hue of the National Assembly change considerably with every election cycle. Meanwhile, the situation and circumstances of the Nigerian people remain largely unchanged or simply plunge.
The population density of former state governors in the Senate is steadily increasing, as the turnover of lawmakers soars and institutional memory wanes. Interestingly, a lot of these former governors are under probe by anti-graft agencies for their alleged sleazy conduct while they served as state governors.
With the 11th Senate in the offing, the plumage of the Red Chambers is not about to change as some former governors accused of stealing trillions of naira from their people have already got their tickets ahead of the National Assembly election slated to hold on January 16, 2027.
The Delta State Chapter of the All Progressives Congress (APC) had hailed the Economic and Financial Crimes Commission (EFCC) for interrogating the immediate past governor of the state, Dr Ifeanyi Okowa (then of the Peoples Democratic Party) for allegedly stealing N1.3 trillion. One year and six months later, the party did a remarkable volte-face by congratulating Okowa for winning their ticket as candidate for the Delta North Senatorial District.
Following that arrest, the APC said the arrest of Okowa “is the right step in the right direction”, after the anti-graft agency accused him of diverting N1.3 trillion from the federation account between 2015 and 2023, allegedly as proceeds of the 13 per cent derivation fund.
The ex-PDP vice-presidential candidate defected to APC after the expiration of his second term immunity from prosecution. Not only is the case stuck in the mud, as have been the cases of some of his former colleagues, but he was further blessed with a ticket that would allow him to bid for a return to making “laws for the good governance of the country.”
Months after leaving office, Yahaya Adoza Bello, who was governor of Kogi State for eight years, became a fugitive from justice as the EFCC pursued him over billions he allegedly stole during his tenure as governor between 2016 and 2024. These sad spectacles did not matter to his people and the APC that nominated him as its candidate for the Kogi Central Senatorial District.
Justice Emeka Nwite of the Federal High Court, Abuja, is handling one of the two separate criminal charges against Bello, who is facing a 19-count charge filed by the EFCC accusing him of laundering about N80.2 billion allegedly diverted from Kogi’s vault.
Separately, the EFCC accused Bello, Umar Oricha and Abdulsalami Hudu (his two co-defendants) of conspiracy and the alleged N110.4 billion fraud and criminal breach of trust.
If the people of Kogi Central Senatorial District prefer Bello to other contenders for the top job, he would be in the Red Chamber, facing a lingering prosecution, making laws for Nigeria as a member of the 11th Senate.
Mukhtar Ramalan Yero, a former governor of Kaduna State who is also facing trial for misappropriating about N700 million while in office, recently won the APC ticket for the Kaduna North Senatorial District.
Yero has been fighting an EFCC prosecution over the $115 million disbursed by a former minister of petroleum, Diezani Alison-Madueke, ahead of the 2015 presidential election for over a decade. A UK court only recently absolved Diezani of corruption charges.
Yero’s case, one of Nigeria’s most high profile unresolved election corruption cases, began with his arrest in May 2016; he was initially arraigned in May 2018 alongside a former Kaduna State PDP chairman, Nuhu Haruna Gaya; former Secretary to the Kaduna State Government, Hamza Ishaq and former Minister of State for Power, Somo Wya before the Federal High Court in Kaduna.
From state houses to National Assembly whose interest?
The practice of sitting governors using the power of incumbency to push aside other contestants at party primaries and muscle their way to grab senatorial tickets after four or eight years in office, though not illegal, has been called unfair by many.
This practice has percolated since the return of democracy, enabling some discredited among them to march to the NASS seamlessly in a move that strikes at the heart of institutional integrity.
The trip from government houses to the Senate has not always been a joyful sojourn for some of them, given their poor records of performance. Some are mangled by the popular fury in the primary election, others get their just deserts in the election proper.
Some of those who were outrightly rejected by their people are former governors, Ben Ayade of Cross River State, Okezie Ikpeazu of Abia, Samuel Ortom of Benue State, Ifeanyi Ugwuanyi of Enugu State, Atiku Bagudu of Kebbi State and Darius Ishaku of Taraba State.
But this big seasonal political realignment of former governors has been for their own good in most cases, as most are passive or lukewarm and without landmark legislation that serves their constituents or rattles the executive. This is to avoid their case files being dusted out by the executive-backed anti-graft bodies.
When the citizenry sees people in high office who allegedly stole hundreds of billions of taxpayers’ money rewriting the country’s rules, it breeds systemic cynicism that ultimately destroys tax compliance, affects voter turn out and entrenches the belief that the laws they write are meant to punish the poor.
Clearly there can be no rigorous oversight by a burgeoning colony of accused lawmakers, some of whom may spend their mornings in court rooms and their afternoons in plenary. This changes the quality and intent of legislation fundamentally.
Seventeen ex-governors and serving state governors were elected into the Ninth Senate in total. That number was 15.6 percent of the 109-member Senate. Out of the number, 11 are ex-governors while the remaining six are serving their second tenure respectively.
The 10th Senate has 13 former governors, according to the last count. They include Godswill Akpabio, Seriake Dickson and Adams Oshiomole (South-South); Adamu Aliero, Aminu Tambuwal, Aliyu Wammako and Abdulaziz Yari (North-West) while Sani Bello and Simon Lalong are from the North-Central.
The North-East has Senators Ibrahim Hassan Dankwambo and Danjuma Goje, while the South-East has only Senator Orji Uzor Kalu and the South-West has only one former governor, Senator Gbenga Daniel, in the 10th Senate.
At a glance, the list of senators in the 10th Senate revealed that many of them arrived there with charge sheets hanging around their necks. For example, Adamu Aliero landed there with a N10 billion theft allegation on his neck, the EFCC accused Tambuwal of N189 billion fraud, Dickson was being investigated for alleged diversion of N17.5 billion ecological funds and assets declaration breaches, while the EFCC in 2018 revealed that it received many petitions, which alleged the theft and laundering of N15 billion from the treasury of Sokoto State by former governor Wammako.
In 2022, the EFCC arrested former governor Abdul’Aziz Yari for his alleged involvement in the N84bn fraud involving the then suspended Accountant-General of the Federation, Ahmed Idris . The EFCC in 2019 had charged the former governor with financial fraud of N84 billion. Gombe State Governor Muhammadu Inuwa Yahaya has said that his administration and the state government recovered the sum of N1.3 billion from former Governor Ibrahim Hassan Dankwambo in 2023 with the help of the Economic and Financial Crimes Commission (EFCC).
Following the conviction of ex-governor Kalu for fraud involving the sum of N7.56bn and his subsequent sentencing to 12 years imprisonment, the Supreme Court declared the judgment null and void on the ground that Justice Mohammed Idris, who delivered the judgment, had already been sworn in as a Justice of the Court of Appeal at the material time and therefore could not act in his capacity as a judge of the High Court.
As many as 12 former governors also contested for senatorial seats in the primaries, while seven serving governors won senatorial tickets in the last senatorial primaries held by the ruling APC.
Some of the serving governors include Abdullahi Sule of Nasarawa, Umaru Fintiri of Adamawa, Dapo Abiodun of Ogun and Abdulrahman Abdulrazaq of Kwara State.
Okowa, Bello and Yero are not the only ex-governors with senatorial tickets in their pockets. There is also Senate President, Akpabio whose prosecution by the EFCC for allegedly mismanaging N108 billion belonging to Akwa Ibom State between 2007 and 2015 seems to have been “put on hold by the EFCC.” He contested on the APC ticket for Akwa Ibom North-West Senatorial District.
Other ex-governors who have chosen their senatorial tickets are Kalu (Abia); Oshiomhole (Edo); Wamakko (Sokoto); Gabriel Suswam (Benue); Aliero (Kebbi), Ibrahim Shekarau (Kano) and Sani Bello (Niger).
‘Political parties rewarding public trust abusers, not in anti-graft war’
The recent events are a pointer that the major political parties are not committed to waging a sustained war against corruption and working towards the enthronement of probity and accountability. There is ample evidence that about 10 per cent of the 109 Nigeria’s most senior lawmakers, some of them occupying leadership positions, are being prosecuted for varying shades of crime and criminality. Political parties do not appear to do enough to sift the grains from the chaff.
This is seen in the way parties still court and even offer the parties’ senatorial tickets on a platter to former governors being prosecuted for allegedly robbing the people of their commonwealth, some of whom have been jailed.
Olanrewaju Suraju, the Chairman of Human and Environmental Development Agenda (HEDA), a non-governmental organisation (NGO) could not agree less. “Political parties in Nigeria are merely a means for the highest bidder to get into political offices. That is why the nomination forms to political offices in these parties are priced beyond the reach of hard working ordinary citizens. “The main parties are not committed to fight corruption and even survive by the proceeds of crimes to sustain their existence.”
A coalition in Niger State, exasperated with the status quo, has petitioned the National Chairman of the African Democratic Congress (ADC), David Mark, and the party’s governorship screening committee to prevail on the Niger State ADC governorship aspirant to step down from the race over alleged N3 billion rice contract fraud.
The coalition said the opposition could not afford to present a candidate with what it called a “tainted public image” following the exit of Mallam Idris Usman Makanta, popularly known as “Shinkafan Nupe,” from the APC to the ADC.
Kammonke Abam, Director and Co-founder of EduTimes Africa, is upset that those who have through their actions and inactions hindered the country’s democracy through stealing public funds or eroding public trust, are repeatedly rewarded with higher political offices including being saddled with the task of national lawmaking.
“Public trust is not in the dictionary of most Nigerian politicians, their concerns most times are their selfish interests. This is not just a serious encumbrance to Nigeria’s democracy, but a totally flawed one. It is unfortunate that Nigeria’s political system is not one that favors noble-minded persons, nor does it reward technocratic transitions or policy expertise strongly. Politics in Nigeria is a recycling of elites through available offices, at best, a cyclical system that is garbage in, garbage out.”
How Prosecuted Lawmakers Ward Off Reputational Damage, Hobble Oversight
Institutional rules are the third most active force in lawmaking after party affiliation and constituents’ demands, with the individual lawmakers’ personality traits acting as a critical internal sifter. Also, in the analysis of legislative behaviour through established frameworks such as the Big Five Personality Traits, viz. Several patterns emerge when personality traits such as Openness, Conscientiousness, Extraversion, Agreeableness, and Neuroticism (OCEAN) are considered to explain how personality traits influence the way laws are written and passed.
This presumes that when a member of the legislature is under investigation by the anti-graft agencies which are controlled by the executive, the watchdog role of the lawmaker is dulled or neutralized. This is because compromised agencies cannot be rigorously audited, leading to some sort of “quid pro quo” arrangement where oversight visits become tools for mutual blackmail and personal enrichment.
Plus, a legislative assembly with heavily investigated members faces countless operational injuries, such as institutional hostage-taking, collateral damage beyond reputation, incapacitated oversight ability, decimation of civil morale and democratic legitimacy.
It could be the reason why Mahatma Gandhi, the leader of India’s independence movement, in his great wisdom about law and justice had said, “An unjust law is a species of violence.
The Civil Society Legislative Advocacy Centre (CISLAC) is one organisation that is particularly worried that the continued recycling of politically exposed persons with allegations of corruption weakens citizens’ confidence in democratic institutions and undermines anti-corruption efforts championed by the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
It states that this trend contributes to legislative capture, where individuals with doubtful track records are appointed to strategic oversight positions which can influence investigations, weaken accountability institutions and derail reforms intended to improve transparency in public finance and governance.
Every Nigerian has the constitutional right to be presumed innocent until proven guilty, the group said, but political parties have a moral and democratic responsibility to uphold higher ethical standards in their choice of candidates. Mere existence of credible charges of corruption should be sufficient in itself to compel parties to make hard integrity assessments before awarding tickets for sensitive public offices.
It therefore urged political parties to place competence, integrity and public credibility above political patronage and elite recycling. “Nigerians deserve a legislature of individuals committed to national development, accountability and the rule of law, and not one increasingly seen as a retirement haven for politically exposed persons under the scrutiny of corruption,” said Auwal Musa, the Executive Director of CISLAC.
Suraju who is also the Chairman of the Civil Society Network Against Corruption (CSNAC) stressed that the hibernation of ex-governors in the Senate tremendously undermines its oversight and lawmaking mandates.
“Former state governors are running to the Senate either to serve as their retirement home, stepping stone for ministerial appointment or even to angle presidential slots. There is no real commitment to legislation. Some even go to the chamber to seek cover from continued EFCC prosecution. An X-ray of ex-governors in the Senate, current or former, will confirm this disturbing trend. “[This] has severely compromised the Senate’s oversight and lawmaking mandates.”
In his remarks, Abam, who is also the Project Director and Chief Executive Officer (CEO) of Profiles & Biographies, said, “On the surface, it would not have been a bad idea for former governors to seek other elective offices, including going to the Senate, if the idea behind it was to deploy their wealth of experience in managing their states to the betterment of the nation. But we do know that they are not acting for altruistic motives. Why do I say that? The majority of them have some or other corruption case hanging around their necks. So that’s where it gets tricky and wrong. A ruling party that awards senatorial tickets to former governors under investigation for the theft of public funds embodies the current political culture of the country.
The ex-aide of governors Donald Duke and Liyel Imoke lamented the slow pace of criminal litigations in the country, saying that cases that should be dispatched with military alacrity span years. He said that compromised lawmakers and their backers were constantly spinning things to weaken or numb the effect of anti-graft agencies.
He said he came to know from his recent talk with a retired jurist that intrigues and the interest of the government played a major role in bringing down corruption cases across the board.
Anti-graft war: Performance marred by Section 308 abuse, delayed trials
It is a worrisome trend that makes a mockery of the country’s anti-graft war to prosecute highly-placed Politically Exposed Persons (PEPs), including presidents, vice president, governors and their deputies that span multiple administrations (without success) after they have spent four to eight years in office, enjoying immunity.
This is still a huge problem that must be tackled willy-nilly but a lot of the feeding of this fad is due to the sloppy justice dispensation system that grinds slowly, and the constitutional provision that allows suspected looters to swagger about like vacationing millionaires for years as every accused is presumed innocent until proven guilty.
In its 2018 report, Letting the Big Fish Swim, the Socio-Economic Rights and Accountability Project (SERAP) says, “although the main anti-corruption agencies recorded over 1, 500 non-high profile convictions between 2000 – 2017, they were able to achieve only 10 high-profile convictions within the same period.”
The EFCC has repeatedly dismissed the allegations of favouritism and has reiterated its determination to prosecute thieving governors and other Nigerians, but its record of prosecuting PEPs remains very poor. EFCC Chairman, Ola Olukoyede, has disclosed that the commission is investigating 18 governors for alleged financial improprieties. But heartwarming as it is, Nigerians still view it with a pinch of salt.
“The abuse of the immunity provisions has had disastrous implications for Nigeria’s development as resources meant for healthcare, education, infrastructure, security and poverty alleviation are allegedly diverted without immediate legal consequences. “The citizens continue to pay the price for bad governance while accountability is postponed indefinitely,” the CISLAC boss said.
CISLAC therefore calls for a national dialogue on the urgent need to review and reform Section 308 of the Constitution to stop its abuse. Immunity should not mean total impunity from investigation or accountability. At the very least, the EFCC, ICPC and other anti-corruption agencies should be empowered to carry out exhaustive investigations and preserve evidence against serving public officials until the expiration of their tenure… “Political parties must assume the responsibility of promoting credible candidates with proven integrity and competence, rather than rewarding political influence and financial power.”
Suraju in his contribution regretted that the constitutional immunity clause is being exploited by occupants of the office of governor in chipping in his view on whether immunity should translate into absolute protection from investigation and accountability.
Unfortunately, some of them escaped or frustrated their trial by assuming offices as governors.
Immunity clause, ‘largest’ enabler of corruption in governance
The biggest and most fundamental cause of the massive stealing of public funds by mostly the state governors and other officials that enjoy immunity is said to be the immunity clause in the Nigerian Constitution. It is unconditional and total for presidents, vice presidents, governors and deputy governors.
“The greatest thieves of public funds are the state governors and the greatest threats to sustainable development, economic prosperity, infrastructural development and human security,” alleged a former National Commissioner at the National Human Rights Commission of Nigeria (NHRC), Comrade Emmanuel Nnadozie Onwubiko.
“The reality is that the high level of corruption by governors in states is the single and biggest creator of mass and multidimensional poverty that is bedeviling over 130 million Nigerians, according to the 2018 statistical report of the National Bureau of Statistics… The inability of the National Assembly to provide oversight for the executive arm of government in the area of public procurement and execution of projects, effectively, creates room for corruption to thrive, even in the presidency and federal agencies. Poverty is rampant, the cost of living crisis and high cost of fuel are raging ferociously, even when Nigeria is the 8th largest crude oil producer. “Irony of ironies.”
Founder of Human Rights Writers Association of Nigeria (HURIWA), Onwubiko, wondered why the EFCC and ICPC are busy prosecuting opposition politicians such as former Governor of Kaduna State, Nasir el-Rufai and former Attorney General of the Federation (AGF), Abubakar Malami, yet turning a blind eye to Yahaya Bello, Okowa and Akpabio who have all been indicted of alleged thefts of public fund are running for offices on the platform of the ruling party. “So blame the EFCC and ICPC for mortgaging their independence and being tied to the apron strings of APC and President Bola Ahmed Tinubu who are dictating to the anti-graft agencies who to catch and who not to catch, thereby making APC a refuge for indicted politically exposed individuals in Nigeria.”
In 2022, the EFCC arrested former governor Abdul’Aziz Yari in connection with the alleged N84bn fraud involving the then suspended Accountant-General of the Federation, Ahmed Idris. The former governor was charged in 2019 by the EFCC for financial fraud of N84 billion. In 2023, Gombe State Governor, Muhammadu Inuwa Yahaya disclosed that the Economic and Financial Crimes Commission (EFCC) helped his administration and the state to recover N1.3 billion from former Governor Ibrahim Hassan Dankwambo.
The Supreme Court declared a nullity the judgment convicting former governor Kalu of N7.56bn fraud and sentencing him to 12 years jail. The apex court held that Justice Mohammed Idris who gave the judgment was already sworn in as a Justice of the Court of Appeal and could not act as a judge of the High Court.
In the APC’s last Senate primaries, seven incumbent governors emerged as senatorial candidates, while 12 former governors won their senatorial tickets at the primaries.
Others are working for governors Abdullahi Sule of Nasarawa, Umaru Fintiri of Adamawa, Dapo Abiodun of Ogun and Abdulrahman Abdulrazaq of Kwara State.
Okowa, Bello and Yero, along with Senate President Akpabio, who is said to have had his prosecution for alleged mismanagement of N108 billion from Akwa Ibom State between 2007 and 2015 “put on hold by the EFCC,” are the other former governors with senatorial tickets in their pockets. He remained with the APC ticket for the Akwa Ibom North-West Senatorial District.
Other former governors who have chosen their senatorial tickets are Kalu (Abia); Oshiomhole (Edo); Wamakko (Sokoto); Gabriel Suswam (Benue); Aliero (Kebbi), Ibrahim Shekarau (Kano) and Sani Bello (Niger).
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Ambassadorial nominee, Fasina calls for more PPP for national development ‘Major political parties rewarding those who abuse public trust, not committed to anti-graft war’
The events of recent times have proved that the major political parties do not possess the commitment to sustain a war against corruption and to work for enthronement of probity and accountability. It is not surprising that political parties seem not to do enough to separate the wheat from the chaff, with ample evidence that about 10 per cent of the 109 Nigeria’s most senior lawmakers, some of whom occupy leadership positions, are being prosecuted for varying shades of crime and criminality.
You can see this in the way former governors who are being prosecuted for allegedly robbing the people of their commonwealth, some of whom have been jailed, are still being courted by the parties or handed the parties’ senatorial tickets on a platter.
But Olanrewaju Suraju, the Chairman of Human and Environmental Development Agenda (HEDA), a non-governmental organisation (NGO), could not disagree more. “Political parties in Nigeria are merely a means for the highest bidder to get into political offices. “This is why political offices nomination forms for these parties are priced beyond the reach of hardworking ordinary citizens. “The major parties are not committed to fight against corruption and even thrive on the proceeds of crimes to sustain their existence.”
A group in Niger State has expressed anger over the status quo and appealed to the National Chairman of the African Democratic Congress (ADC), David Mark and the party’s governorship screening committee to persuade the Niger State ADC governorship aspirant to withdraw from the race over alleged N3 billion rice contract fraud.
The coalition pointed out that the opposition could not afford to field a candidate with what it called a “tainted public image” after Mallam Idris Usman Makanta, popularly known as “Shinkafan Nupe,” defected from the APC to pitch a tent with the ADC.
A Director and Co-founder of EduTimes Africa, Kammonke Abam is peeved that those who have, through their actions and inaction, encumbered the country’s democracy by stealing public funds or undermining public trust are repeatedly rewarded with higher political offices including being saddled with the task of national lawmaking.
“Most Nigerian politicians do not have public trust in their vocabulary, their concerns most of the time are their selfish interests. This is not just a serious encumbrance to Nigeria’s democracy, but a totally flawed one. Unfortunately, Nigeria’s political system does not reward policy expertise/technocratic transitions strongly and excludes noble-minded persons. “Politics in Nigeria tends to recycle elites through available offices, at best, a cyclical system that is garbage in, garbage out.
How Prosecuted Lawmakers Block Reputational Damage, Impair Oversight Capabilities
Third, institutional rules are the three most active forces in lawmaking, behind party affiliation and constituents’ demands, even as individual lawmakers’ personality traits are a critical internal sifter. Also, various patterns emerge when studying legislative behaviour using established frameworks such as the Big Five Personality Traits (Openness, Conscientiousness, Extraversion, Agreeableness, and Neuroticism) (OCEAN) and explain how personality traits impact the way laws are written and approved.
This means that the watchdog function of a legislator is compromised or rendered meaningless if he or she is being investigated by anti-graft bodies under the control of the executive because compromised bodies cannot effectively audit. This creates a “quid pro quo” situation in which oversight visits become instruments for mutual blackmail and personal enrichment.
Moreover, a legislative assembly that is hobbled by heavily investigated members suffers countless operational wounds, such as institutional hostage-taking, collateral damage beyond reputation, crippled oversight capabilities, destruction of civil morale and democratic legitimacy.
This perhaps explains why Mahatma Gandhi, leader of India’s independence movement, in his display of profound wisdom on law and justice, said: “An unjust law is a species of violence itself.”
One of the organisations that is particularly concerned is the Civil Society Legislative Advocacy Centre (CISLAC) which fears that the continuous recycling of politically exposed individuals with allegations of corruption weakens the confidence of citizens in democratic institutions and undermines the fight against corruption championed by the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
It says this trend feeds into legislative capture, where people with questionable track records take key oversight positions that can influence investigations, weaken accountability institutions, and frustrate reforms that aim to strengthen transparency in public finance and governance.
The group said political parties have the moral and democratic responsibility to uphold higher ethical standards in the selection of candidates, while every Nigerian has the constitutional right to be presumed innocent until proven guilty. The mere existence of serious corruption allegations should be enough to make parties undertake serious integrity vetting before issuing tickets for sensitive public offices.
It therefore, urged political parties to place competence, integrity and public credibility above political patronage and elite recycling. “Nigerians deserve a legislature filled with people who are committed to national development, accountability and the rule of law, not one that is increasingly seen as a retirement haven for politically exposed persons facing corruption scrutiny,” said Auwal Musa, the Executive Director of CISLAC.
Suraju, who is also the Chairman, Civil Society Network Against Corruption (CSNAC) for his part, stressed that the hibernation of ex-governors in the Senate tremendously undermines its oversight and lawmaking mandates.
“Former state governors are contesting for the Senate either to make it their retirement home, or a stepping stone for ministerial appointment or even to position for presidential slots. There is no real commitment to legislation. Some even take to the chamber to find cover from continued EFCC prosecution. An X-ray of ex-governors in the Senate, current or former, will confirm this disturbing trend. This has seriously undermined the Senate’s oversight and lawmaking mandates.”
Abam, who is also the Project Director and Chief Executive Officer (CEO) of Profiles & Biographies, said on the surface, “it would not have been a bad idea for former governors to seek other elective offices, including going to the Senate, if the idea behind it was to deploy their wealth of experience in managing their states to the betterment of the nation. But we know their reasons are not altruistic. Why do I say this? The majority of them have some or other corruption case hanging around their necks. And that’s where it becomes tricky and goes awry. The fact that the ruling party is handing senatorial tickets to former governors being probed for looting public funds speaks volumes about the political culture in the country.
But the former aide to Governors Donald Duke and Liyel Imoke, while lamenting the slow pace of criminal litigations in the country that makes cases that should be dispatched with military alacrity to span years, said compromised lawmakers and their backers were constantly spinning things to weaken or numb the effect of anti-graft agencies.
But he said that his recent engagement with a retired jurist revealed that intrigues and government’s interest were instrumental in bringing down corruption cases across the board.
Section 308 abuse turning anti-graft war into performance, delayed trials
It is a worrisome trend that makes a mockery of the country’s anti-graft war that highly-placed Politically Exposed Persons (PEPs) including presidents, vice president, governors and their deputies spanning multiple administrations (without success) are prosecuted after they have spent four to eight years in office enjoying immunity.
This is still a massive challenge to be tackled willy-nilly. But a lot of this fad is fuelled by the sloppy justice dispensation system that grinds slowly and the constitutional provision that permits suspected looters to swan around like vacationing millionaires for years as every accused is considered innocent until proved guilty.
In its 2018 report, “Letting the Big Fish Swim”, the Socio-Economic Rights and Accountability Project (SERAP) stated that “while “main anti-corruption agencies secured more than 1, 500 non-high profile convictions between 2000 – 2017, they could only muster 10 high-profile convictions within the same period.”
The EFCC has repeatedly dismissed allegations of favouritism and has restated its commitment to prosecute thieving governors and other Nigerians but its record of prosecuting PEPs remains very poor. The EFCC Chairman, Ola Olukoyede, has said that eighteen governors are currently under investigation for alleged financial crimes. It is heart warming but Nigerians still take it with a pinch of salt.
“The abuse of immunity provisions has had devastating implications for Nigeria’s development, with resources meant for healthcare, education, infrastructure, security and poverty alleviation allegedly being diverted without immediate legal consequences. “Bad governance continues to burden the citizens while accountability is indefinitely postponed,” said the CISLAC boss.
“Hence, CISLAC is calling for a national conversation on the urgent need to review and reform Section 308 of the Constitution to prevent abuse of it. Being immune should not mean being immune from investigation or accountability. At the very least, anti-corruption agencies like the EFCC and ICPC should be empowered to carry out thorough investigations and preserve evidence against serving public officials until the end of their tenure…“It is the responsibility of political parties to put forward credible candidates who have shown integrity and competence, not to reward political influence and money power.”
Suraju, in his view, regretted that the constitutional immunity clause is exploited by occupants of the office of governor in chipping in his view on whether immunity should translate into absolute protection from investigation, accountability.
Unfortunately, some of them either escaped or frustrated their trial by accepting appointments as governors.
Immunity Clause as the “Biggest” Enabler of Corruption in Governance
The immunity clause in the Nigerian Constitution is unconditional and total for presidents, vice presidents, governors and deputy governors. Some say this is the biggest and most fundamental cause of the massive stealing of public funds by mostly the state governors and other officials that enjoy immunity.
“State governors are the biggest thieves of public funds as well as the biggest threats to sustainable development, economic prosperity, infrastructural development and human security,” a former National Commissioner at the National Human Rights Commission of Nigeria (NHRC), Comrade Emmanuel Nnadozie Onwubiko alleged.
“The truth is that the endemic corruption perpetuated by governors in the states is the single, biggest driver of the mass and multidimensional poverty ravaging over 130 million Nigerians, according to the 2018 statistical report of the National Bureau of Statistics…The inability of the National Assembly to monitor the executive arm of government concerning public procurement and execution of projects, provides an avenue for corruption to thrive effectively even in the presidency and federal agencies. Poverty is spiraling out of control and the cost of living crisis and high fuel costs are raging furiously even as Nigeria is the 8th largest crude oil producer. “That is a great irony.”
Onwubiko, who is the founder of Human Rights Writers Association of Nigeria (HURIWA) asked why the EFCC and the ICPC, who are busy prosecuting opposition politicians like the former governor of Kaduna State, Nasir el-Rufai and ex-Attorney General of the Federation (AGF) Abubakar Malami, are turning blind eyes while Yahaya Bello, Okowa and Akpabio who have all been indicted of alleged thefts of public fund are running for offices on the ruling party’s platform. So blame the EFCC and ICPC for mortgaging their independence and being tied to the apron strings of APC and President Bola Ahmed Tinubu who are dictating to the anti-graft agencies who to catch and who not to catch, making APC a refuge for indicted politically exposed persons in Nigeria.”
