By Dr Muiz Banire SAN
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They cannot, and must not claim any exclusive control of the usage of the funds. Certainly, we are not in a banana republic. Beyond this fact, what is the perception, if not the reality of governance in the States? I suspect the consensus is that in most of the States, the citizens are not deriving any joy from the funds appropriated to their States, due largely to mismanagement.
If this view is held and it is substantially the truth, how do we now entrust the monitoring of the funds to the same set of persons that are believed to be the wolves devouring the funds. In other words, how do we expect any establishment set up to tame corruption in those States to be effective, when practically it is the same perpetrators of the crimes that will now be midwifing the entity? It does not sound good to me and good conscience. Would that not amount to engaging a cat to secure a fried fish?
Beyond this reality, the situation is likely to be comparable and akin to the advocacy for states police. The truth is that knowing who the Nigerian politicians are, abuse of such anti-corruption body will become the order of the day. I see the officials of such State anti-corruption body going on rampage against political foes.
This must be averted as we cannot afford to multiply the already suffocating vices we have in the country. As the law even stands today, since the federal legislation has covered the field, the States cannot be legislating on the same subject matter. By my analysis above, I am not suggesting that there are neither infractions at the federal level, nor compromise of the Commission in some respects. Of course, I do know, as a matter of fact, that the same afflictions reigning at the States level also reigns at the federal level. I equally cannot vouch that there are no attempts to compromise the Commission through pressures or inducements also at the federal level. The fact that the Commission Head has no security of tenure is sufficient to compromise its integrity, independence and possibility of executive influence. I will, therefore, also not pretend to say that abuses are not obtainable at that level, but it is minimal relatively. Thus, it is the magnitude that differs.
It will be noticed that I have struggled as much as possible to make the intervention as elementary as possible without inundating you with legal jargons except where it is inevitable. My take in all these, therefore, is that the Commission is validly and legally established without any aberration. Operationally, however, the Commission is still challenged by myriads of other issues beleaguering its efficiency. The present litigation is one of those distractions confronted by the Commission. So, to the extent that this is the foremost anti-corruption body that is still struggling to live above board, I am of the strong view that the least any patriotic Nigerian can do is to embrace the Commission and render all necessary support for its success. I know that appointment process as well as the removal process is far from being ideal and perfect. We need to strive to guarantee the tenure of the occupants of the office and if possible, ensure the autonomy of the Commission in all ramifications. This is the trajectory we all should be assiduously striving towards, for the continuous traction of the Commission. I submit!
Dr. Adeyemi Muiz Banire SAN, OON i
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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