Senior Advocate of Nigeria Jibrin Samuel Okutepa argued that corruption and impunity are the root causes of Nigeria’s stunted growth, prosperity, and democratic challenges. He asserted that only an independent judiciary can save the nation from these calamities.
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Okutepa recalled the establishment of the Independent Corrupt Practices Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) under President Olusegun Obasanjo’s administration. These agencies were created to combat corruption but faced significant resistance from politicians and the political class.
The senior lawyer cited the case of the Ogun State Attorney General challenging the constitutionality of the ICPC before the Supreme Court. In a well-considered judgment, the apex court upheld the legality of the ICPC, taking judicial notice of the corrosive effects of corruption in Nigeria. The court held that the government has a duty to eradicate corruption under Section 15 of the 1999 Constitution.
Despite this precedent and subsequent Supreme Court rulings affirming the legality of anti-graft agencies, the Kogi State government, along with other states, recently challenged the constitutionality of the EFCC. The Supreme Court dismissed their case on November 15, 2024.
Okutepa expressed dismay that any sensible person would question the legality or advocate for the abolition of the EFCC, ICPC, or any anti-graft agency. While acknowledging that these institutions may not be doing enough due to political interference, he maintained that they are essential for the country’s progress.
The senior advocate criticized the state governors’ legal challenge as a “judicial adventure,” suggesting they were hoping for favorable judgments similar to those seen in electoral fraud cases that have undermined justice. He argued that rather than seeking to abolish these agencies, Nigerians should demand their true independence to enable them to carry out their mandates effectively.
Okutepa emphasized that Nigeria is suffering from years of unchecked corruption in and around the government. He urged the judiciary to hold the political class accountable and shed light on the darkness of Nigeria’s political system. The senior lawyer warned that politicians have destroyed many institutions and are now attempting to use the judiciary to dismantle the EFCC.
In conclusion, Okutepa called on the EFCC and ICPC to wake up and prosecute those who have looted the country’s treasuries. He stressed that no sane person should advocate for reduced efforts in fighting corruption and that no state institution is currently prepared to tackle graft in Nigeria.
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