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Wednesday, 23 November 2016
The Honeymoon Is Over As Obasanjo Strikes Again, Attacks Buhari, National Assembly, Military
The honeymoon between President Muhammadu Buhari and former President Olusegun Obasanjo seems to have ended.
For the one and a half year that Mr. Buhari has been in power, Mr. Obasanjo remained one of his staunchest backers, visiting him repeatedly and publicly defending most of his actions.
But speaking in Lagos Wednesday, Mr. Obasanjo served signal that the era of being soft on the administration Mr. Buhari leads is over.
Delivering the keynote at the First Akintola Williams Annual Lecture, Mr. Obasanjo lashed at the Buhari administration for repeatedly lumping the country’s three previous administrations (including the one he, Obasanjo, led) together and then accusing them of misgovernance.
He also advised Mr. Buhari to stop dwelling on the past, saying since he was elected to change the country, he should concentrate on clearing the mess he inherited.
“Now that we have had change because the actors and the situation needed to be changed, let us move forward to have progress through a comprehensive economic policy and programme that is intellectually, strategically and philosophically based,” Mr. Obasanjo said.
“It is easier to win an election than to right the wrongs of a badly fouled situation. When you are outside, what you see and know are nothing compared with the reality.
“And yet once you are on seat, you have to clear the mess and put the nation on the path of rectitude, development and progress leaving no group or section out of your plan, programme and policy and efforts. The longer it takes, the more intractable the problem may become.”
The former president also criticised plans by Mr. Buhari to take about $30billion loan.
“I am sure that such a comprehensive policy and programme (that will move Nigeria forward) will not support borrowing US$30 billion in less than three years. It will give us the short-, medium- and long-term picture.
“Adhocry is not the answer but cold, hard headed planning that evinces confidence and trust is the answer. Economy neither obeys orders nor does it work according to wishes. It must be worked upon with all factors considered and most stakeholders involved.
“The investors, domestic and foreign, are no fools and they know what is going on with the management of the economy including the foreign exchange and they are not amused. The Central Bank must be restored to its independence and integrity. We must be careful and watchful of the danger of shortermism.
“Short-term may be the enemy of medium- and long-term. We must also make allowance for the lessons that most of us in democratic dispensation have learned and which the present administration seems to be just learning.”
The former president did not spare the National Assembly which he says stinks to high heavens and the Nigerian military, which he said needed to be purged.
More to come…
Read full speech below.
“NIGERIA YESTERDAY, TODAY AND TOMORROW:GOVERNANCE AND ACCOUNTABILITY” Lecture by His Excellency President Olusegun Obasanjo At the First Akintola Williams Annual Lecture Lagos, November 23, 2016
When my sister, ’Toyin Olakunri, phoned to alert me about this Lecture, the telephone connection was poor and I could hardly hear her but I got the name of Mr. Akintola Williams which has always struck reverence and awe in me.
Mr. Akintola Williams has seen active days and has been an active participant in Nigeria of the past, Nigeria of the present and by God’s grace, will be part of Nigeria’s future for some time to come. ’Toyin, who was a tremendous help to me when I was in government as she served as the Executive Chairperson of Education Trust Fund, knows that any request by her is taken as an order by me. But that request being made to honour a great man of Mr. Akintola Williams calibre cannot be refused. And what is more, the topic assigned, “Nigeria Yesterday, Today and Tomorrow: Governance and Accountability”, is so relevant to the time we are in that it is irresistibly attractive and befitting for an occasion like this where we celebrate an icon, Mr. Akintola Williams, who is a paragon of propriety, rectitude and integrity.
This afternoon, I will reflect with you on this topic which will take us on a time travel into a bit of Nigeria’s past, cruising to the present and with a quick peep into the future.
Looking around the hall, I can see among the audience by age, yesterday, today and future or put in the title of a hymn book, “ancient and modern”, with the future sprinkled within. I hope you will all go along with me on this enchanting journey. But before we embark on our journey, let us do first thing first.
Distinguished Ladies and Gentlemen, we are here purposely to celebrate and honour an unusual specimen of human being, Mr. Akintola Williams, a nationally-renowned and globally-acclaimed accountant. He was the first African to qualify in that profession as a Chartered Accountant.
Apart from him being the first African to qualify as a Chartered Accountant, he founded the first indigenous chartered accounting firm in Africa, at the time the accountancy business was dominated by foreign firms. As some clips from his enviable biography goes, Mr. Akintola Williams played a leading role in establishing the Association of Accountants in Nigeria in 1960 with the goal of training accountants. He was the first President of the Association. He was a founding member and first President of the Institute of Chartered Accountants of Nigeria (ICAN). Let me commend ICAN for establishing Akintola Williams Foundation, in perpetuity, in honour of our celebrant. He deserves this and more.
He was also involved in establishing the Nigerian Stock Exchange as well as being Founder and Chairman of the Board of Trustees of the Musical Society of Nigeria (MUSON). He is still actively involved with these organisations even in his resplendent old age. He is a founding member of this prestigious Club hosting this meeting, the Metropolitan Club of Lagos. There is something unique about Mr. Akintola Williams for all his momentous achievements and contributions to nation-building and national development. He has never been in government and yet his contributions surpassed those of many others who passed through portal of government without much positive achievement or contribution to show for it.
I must confess that my interactions with Mr. Akintola Williams were tangential for a number of reasons. When those of us in the military in the province like Kaduna, where I was, came to Lagos in the mid-1960s, we were looking at the likes of Mr. Akintola Williams at a distance with great administration and in awe.
My longstanding friendship and close relationship with one of his junior associates, friends and brothers, who turned ninety earlier this year, provided me with the leeway or the alley through which I managed to tiptoe to the presence of our celebrant. Over the past fifty years, I have directly and indirectly enjoyed his advice and support. In his cucumber-cool, sober and unruffled disposition, he inspires you and warms you to himself. His reflections and piercing insights and insistence for truth and accountability cannot but inspire anyone close to him. I often admire his calm mien and disposition and when I asked a friend, “why is he always so calm, composed and methodical? He answered, “it is because he has strong internal antenna for control!”
Now back to our journey of reflection on the past, present and future of Nigeria, from good governance and accountability point of view. I will gravitate my reflections today on the important subject of accountability in governance. As I begin, it is helpful to say a few words on the terminologies that will ring throughout this address. These are good governance, accountability, transparency and trust. Like the web of a spider, the four concepts are interwoven and intertwined in their dependencies. I intend to touch briefly on democratic underpinning of governance, particularly good governance and I cannot conclude without a word on the economy.
There is no single and exhaustive definition of “governance” and “accountability” nor is there a delimitation of their scopes that command universal acceptance. But I take good governance to mean legitimate, accountable, and effective ways of obtaining and using public power and resources in the pursuit of widely accepted social goals. Good governance is essentially about the adherence to the laid-down processes for making and implementing decisions. Good governance is not about making ‘correct’ decisions, but about adherence to the best possible process for making those decisions. In effect, a good decision-making process, and therefore good governance, share several characteristics. All have a positive effect on various aspects of government including consultation policies and practices, meeting procedures, service quality protocols, role clarification and good working relationships.
The major hallmarks of good governance are: – Transparency, – Accountability, – Adherence to the rule of law, – Responsiveness to needs and demands of the citizenry.
Good governance, properly nuanced, is highly participatory and as a fall out of that, good governance is equitable and inclusive. That is why good governance is effective and efficient.
Accountability, which is one of the cornerstones of good governance, is the degree to which government has to explain or justify what it has done or failed to do. Accountability ensures that the actions and decisions taken by leaders, public officials or persons in authority are open to oversight so as to guarantee that government initiatives meet their outlined aims and objectives and respond to the needs of the society. Accountability and transparency are intertwined. They both promote openness, truth, morality, free flow of information and forthrightness in the running of governmental affairs particularly the budget and financial aspects of government affairs.
Let us take the issue of trust. Trust is a crucial element for the existence of good relationship between the governed and the authority. A society that lacks trust between the ruler and the governed is founded on false foundation. A government that is not trusted by its citizens will definitely not get the cooperation and confidence of the generality of the citizens; hence its ability and capability to achieve development will be curtailed. The product of an admixture of good governance, accountability, transparency and trust is development, all round development for all. This mixture ensures that resources are judiciously allocated and expended, that authority is properly exercised in conformity with the rule of law for the benefit of the society.
Let us now begin our time travel with the past. For the purpose of this address, I define the past as the period between 1914 and 1999. The narration of accountability in governance within this 85-year period will take hours but as I hinted in my opening statements, I will only provide brief highlights. I will begin with what I consider to be the most important tool for accountability in governance. This is the Constitution. All previous Constitutions gave a lot of prominence to accountability. For instance, the 1999 Constitution made provisions for separation of powers as a mechanism for checks and balances and as a plank to leverage accountability.
The British parliamentary system, sometimes called cabinet government, operates essentially through elected representatives of the people in parliament. The representatives in parliament exercise sovereign power on behalf of the people, with the actual conduct of the government being in the hands of the leading members of the majority party (Ministers) which form the government, thereby constituting the cabinet. To assist the executive (Ministers) in carrying out their responsibilities to the people through formulation of policies and implementing same, is a group of people called the civil servants whose tenure, unlike the politicians, is permanent and who man the administrative structure called the bureaucracy. Despite the assistance of the bureaucrats, the ministers are still individually and collectively held responsible to the parliament for the activities of the government.
This is the doctrine of ministerial responsibility and accountability, a fundamental part of British parliamentary system. The exclusion of the bureaucrats from this responsibility rests on the assumption that the ministers as heads of their respective ministries are totally in charge and must be abreast of everything happening there. Second, the bureaucrats who are expected to observe the ideals of anonymity, impartiality and political neutrality as enunciated by Max Weber in his conceptualization of the ideal bureaucracy, are not responsible for policy making but only for policy implementation under strict watch and directives of the ministers.
Put differently, the ministers are not expected to lose touch or political control of their ministries. As former prime minister, Harold Wilson puts it in1966, “civil servants, however eminent, remain the confidential advisers of ministers, who alone are answerable to parliament for policy; and we do not envisage any change in this fundamental feature of our parliamentary democracy” (Adamolekun 1986). However, the concepts of accountability and control measures were engineered when it was realized that public servants may need some restraints in their dealings with the public especially during the execution of their official duties.
Thus, the word ‘control’ as used in reference to administration signifies administrative control, measures aimed at restraining and checking the behaviour of civil servants with a view to preventing the abuse or misuse of bureaucratic power. Accountability, on the other hand, “focuses attention upon the sanctions or procedures by which public officials may be held to account for their actions” (Gould and Kolb, 1964). Thus, although, accountability as a concept is broader than administrative control since its scope includes both political and administrative officials, we are using it here as a synonym to administrative control.
The British, therefore, introduced certain systems of controlling the administration which became a legacy that the colonies inherited. The parliamentary control of the administration was effected through such political and devices as question time, letters by members of parliament to the ministers, and parliamentary committees. In addition to these, the British system also employed two other methods which were also inherited by the colonies.
These were internal and judicial controls. The internal control measures refer to certain internal arrangements peculiar to the bureaucracy and which was aimed at preventing the abuse of bureaucratic power by superior on the subordinate. The measures are, therefore, connected with the hierarchical structure of the bureaucracy, and they mediate the kind of relationship between superior and subordinates, career expectations and penalties for contravening rules and regulations governing the conduct of government work. Judicial control was put in place as a form of legal accountability which provided judicial remedies to any citizen who may be adversely affected by administrative actions or inactions contrary to law.
By independence in 1960, the existing colonial “West minster model” and the methods of parliamentary control not only remained unchanged, but there were also no doubts that the indigenous politicians also accepted them as the norm. After all, there were no other alternatives they could choose from, not after being exposed to these methods since the colonial days. Thus, it was a wonder to note that shortly after independence, the methods that had worked for generations in Britain and which had constituted the backbone of British democratic system, suddenly became ineffective in Nigeria, with the politicians who were ‘schooled’ in its use, deliberately thwarting its implementation and effectiveness.
All these could be seen as deliberate and not due to problems accompanying transplantation of models or ideas from one locale to another. For example, the tradition of question time in parliament which had been an effective instrument for turning the searchlight on the public service and for probing the conduct of administration in the inherited British model was the first to be stifled. The reasons for this are as numerous as they were personal to the politicians who were interested in ‘killing’ everything that would have hindered them from their primary preoccupation of self-perpetuation and enrichment. Consequently, the absence of these parliamentary methods which would have called the civil service to order through the political ministers in charge of them paved the way for the abuse and misuse of bureaucratic power and subsequently corruption.
Forms of corruption vary, but include bribery, extortion, cronyism, nepotism, tribalism, sectionalism, gombeenism, parochialism, patronage, influence peddling, graft, and embezzlement. Thus, the link between political and bureaucratic corruption was further concretized. Theoretically, many reasons could be adduced for the abandonment of the question time. The first was that the majority of the questions asked were mainly concerned with the distribution of amenities such as electricity, postal services, water and roads instead of how the service was doing in implementing decisions and their relationship with the citizens. Second was the short duration in which the parliament sat for business. This was because the politicians preferred to be busy looking for opportunities to feather their nests. There was, therefore, no adequate time for serious business to be discussed or searchlight turned on the conduct of the public service. Records have it that between 1960 1965, the Nigerian parliament sat for about 38 days per annum.
When compared with the British equivalent of about 160 days for the same period, there is no doubt that the Nigerian parliamentary members preferred other preoccupation to the one they pledged to and which they were voted for by the citizens. Third was the fact that the question time session took an air of inquisition, an opportunity which the opposition saw to ridicule and castigate the ruling party for inefficiency. Therefore, the majority of the ministers were unfavourably disposed to answering questions such that their continued absence at such sessions eventually led to its abandonment.
The Public Accounts Committee (PAC), another control method, was rendered ineffective also as a result of almost similar reasons. Between 1960 and 1965, the effective functioning of the PAC was hampered by the uncooperative attitude of the senior public servants, the limited knowledge of the members concerning their responsibilities, the high turnover rate of membership and more importantly the preponderance of pro government members on the committee including the chairman (Adamolekun, 1974).
The Nigerian judicial system operates at three levels, the Federal Courts, State Courts and Customary Courts. There is no public law system. Therefore, the courts have responsibilities for settling conflicts between private individuals and between private individuals and the state. The remedies used in settling disputes include the order of mandamus, prohibition, order of certiorari, habeas corpus, injunction, doctrine of ultra vires, natural justice and the rule of law. In Nigeria, this system of judicial control and remedies has persistently proved ineffective in curbing instances of bureaucratic and judicial corruption. A major factor for this was the long time it takes for justice to be done in our courts. It is not impossible for a case in court to drag on for years until the aggrieved party loses all interests in the case or he dies before the final verdict is given. Of more importance is the cost of litigation which in Nigeria, is now not mitigated by a system of legal aid.
The ineffectiveness of all administrative control measures in Nigeria, some have argued, is due to imperfect imitation and transplantation (Adamolekun, 1974). The confusion can be traced to the doorstep of the colonial government. For example, the introduction of a quasi parliamentary system of government in Nigeria in 1952 was not based on the established British model of a government and an opposition. Instead, a national government was formed in Lagos whose composition reflected a search for national consensus that was expected to emerge from the sharing of power by the three broad interests groups represented by the country’s three regions at that time.
However, at the regional level, the political arrangement was that of a government and an opposition. By independence, the national consensus arrangement was jettisoned for the government and an opposition arrangement and without question, this feature proved inappropriate for the Nigerian milieu. This was because at independence, two of the prominent political parties – the Northern Peoples Congress (NPC) and the National Council for Nigerian Citizens (NCNC) – formed a coalition national government with the third major party, the Action Group (AG) acting as the opposition party. However, this may not be a sufficient justification as the politicians had enough time to learn and master their workings under the British colonial government.
Rather, it should be seen as more of a deliberate action on the part of the culprits. The politicians’ deliberate move to stifle all possible control measures that may hinder them from realizing their purpose of using their position for self-enrichment also enabled the administration to do likewise. As a matter of fact, the preoccupation of the political class to consolidate their hold on their positions while enriching themselves left the bureaucracy without political direction and monitoring, hence the bureaucrats were able to become a power onto themselves.
Thus, the collapse of every form of political control of the bureaucracy enabled the bureaucrats to hijack power and in most cases acted as a decision-making organ, thereby resulting in the bureaucracy’s unholy romance with politics. This was particularly the case on the incursion of the military into the politics of Nigeria. Bureaucratic power now provides veritable opportunities for self-aggrandizement of the civil servants and this realization had necessitated that the system should frustrate every control measure that may hinder this possibility. The bureaucracy has become a festering ground for corruption and the age long Weberian norms governing administration are no longer respected. Ministers started collecting 10 per cent of the contract sum as money for administration of their political parties. One ugly example of this was a Minister of Communications inviting all contractors wanting to do business in his Ministry and saying to them “To get contracts in this Ministry, there will be 10% for the party and 10% for me and all of these must come through me.” The eras of First and Second Republics witnessed unprecedented level of venality by high-ranking politicians. Corrupt practices were also manifested in the manipulation of the electoral process, politicization of the judiciary and resort to false accusation charges to intimidate political opponents of the government.
Who will guard the guardians? Deriving from the discussion so far, therefore, it becomes very clear that the British colonial elite who supervised the political development of Nigeria did bequeath to the post independent Nigeria certain political cum administrative legacies which the metropolitan dominant elite held sacrosanct and which they had become committed to. These legacies provided the post-independent leaders and politicians the opportunity and a framework within which to operate. As we have been at pains to show, these legacies did not survive the immediate period after independence. The reality was that the interest of the political and bureaucratic elite changed drastically after independence. This change of interest could also be interpreted to imply a change in support of liberal democracy, its institutions and the process of government.
The increasing level of intolerance that has characterized political rule in Nigeria since 1960 and the entry of the military into the political arena are pointers to the abandonment of the values of liberal democratic values and institutions. It is our candid opinion that the abandonment of all values of liberal democracy by the political elite was deliberate and was a prelude to the removal of all administrative checks on excesses. This leads to only one conclusion, that the political elite accepted the liberal form of democracy under British colonial rule mainly because of the constraining effects it had on the colonial administrators. On the other hand, they rejected its continuation after independence precisely because they did not want such constraints on their own rule.
Democracy in the western style, wherever it is being practised, has certain desirous effects. More than any other form of government, liberal democracy of the western type increases the probability that government will follow or be guided by the general interest. This is because, how governments act is affected by the constitutional systems through which they emerge and democracies will ensure that governments pursue policies in the general interest or for the common good (Lively 1975).
In both parliamentary and presidential systems of government, the locus of competition rests with the political parties and normally victory is ensured if a political party can produce good policies that will satisfy the majority of the citizens. This notwithstanding, the dictates of good governance requires that government should submit itself to periodic assessment and renewal of mandate. Within the framework of alternative choices, this implies that the government in power and which wishes to retain power must be responsive to the wish of the governed. Second, the liberal democratic form of government also imposes some restraint on the state. The state’s right is limited by the constitutional provision that it must respect the rights of individuals and groups in the society.
Thus, in this regard, the “temptation of the political leadership to wield absolute power is restricted by the competitive nature of democracy” (Perry, 1969). Thus, by definition, liberal democratic government is a limited government as arbitrary use of power is curtailed. This probably provides us with one of the reasons that endeared liberal democracy to the generality and that it protects them from arbitrary state interference. Third is that competitive democratic system compels attention not just to the form of government but also to the substance of politics in as much as political parties compete on the basis of what they have to offer to the electorate. A fourth one is that democracy provides the citizenry with more opportunities to get involved in political decisions. The literature on mass society and political participation suggests that citizens’ participation in decision can be either as individuals or members of groups. It is only in this sense that representative democracy encourages “a belief by the masses that they exercise an ultimate self determination within the existing social order…a credence in the democratic equality of all citizens in the government of the nation” (Anderson, 1977).
Finally, the primary concern of democracy with the formal political equality of all citizens, majority of whom are economically disadvantaged, provides for the economically advantaged and powerful groups to dominate and often times hijack the system thereby undermining the notion of political equality. Perhaps more than any other reason, this particular advantage made democracy quite attractive to most elite. As Nairn (1977) has rightly observed, the representative mechanism converted real class inequality into the abstract egalitarianism of citizens, individual egoisms into an impersonal collective will, what would otherwise be chaos into a new state legitimacy.
It is right to conclude, therefore, that the Nigerian elite were very interested in restraining the power of the state when they were not part of the state government, but very reluctant to have their power restrained once they became part of the government. Deriving from our analysis, it becomes easy to note that all subversion of democracy, its tenets and institutions have taken the form of elite reluctance to conduct itself within the prescribed rules of the democratic game. These rules are intended to restrain and compel the elite to subject their performance to the judgment of the masses. This becomes possible in liberal democracies and perhaps impossible in our own democracy because as Mayer et al. (1996) have postulated, democracy seems to require a cultural context within which to operate, a cultural context in which the democratic format has acquired a deep seated legitimacy that exceeds one’s commitment to any given set of political outcomes. Within this cultural context, politics is generally thought of as conflicts of interests rather than conflicts between right and wrong or good and evil. Politics based on considerations of class and the distribution of material well being leads to greater tolerance of opposition and the propensity to compromise with one’s opponent than does the politics of symbols emanating from such divisions as linguistic, religious, ethnic or cultural cleavages. This seems paradoxical because experience has shown that it is primarily because of these same considerations of class and the distribution of material well being, who gets what and how, that have generated a culture of intolerance thereby causing the political elite to subvert all democratic tenets which the same elite in western liberal democracies hold sacrosanct.
Deriving from this point, it should be realized that accountability is essential for the efficient functioning of the bureaucracy especially as it is the primary and major implementation arm of government. Accountability acts as a quality control device for the public service and so the public as citizens and consumers in the public realm can expect to receive the best service.
Accountability also underscores the superiority of the public will over private interests of those expected to serve and ensures that the public servants behave according to the ethics of their profession. The public expects nothing more or less and it is in this regard that the argument has been made that where professional ethics and accountability have been eroded or abandoned, the servants become the master and corruption thrives.
On the other hand, the concept of accountability cannot be excised from democracy and the enjoyment of the democratic life by the public. This is basically because democracy implies the supremacy of the public will and the citizens in the governing process. The idea and notion that appointed and elective officials of government be accountable is at the very core and root of democracy. This is very important in the face of the tendency by these officials to abuse and misuse their positions for personal gains and accumulation of wealth (Ekpo, 1979; Reno,1995).
As Olowu (2002) has further pointed out, accountability is very necessary now especially in the face of a sharp decline in resources available to most African states and aggravated by the rising expectations of the citizens which has further imposed tremendous pressure on governments to ensure that they give the citizens minimum possible value for their money.
Finally, it is pertinent to reiterate that the peculiar character of the Nigerian democracy has made it possible to defy all attempts at instituting control and accountability measures mainly because the dominant groups’ support for democracy, even where it ever existed, was purely instrumental rational in that it continues for as long as the institutions enable them to protect and promote their material or sectional interests.
Their support for democracy and its institutions, especially the control and accountability measures, ceases when the exercise of these measures begin to threaten the basis of their economic and political power and dominance. This may explain partly the reason for the various cover up acts and secret cult like attitude of the elected representatives of the people at the national and state levels when it comes to their various acts of corruption, demands and sharing of illegal money. This may also explain in part the present attitude of the Executive who has discovered that the only way to tackle the problem of corruption at this level is to personally intervene and expose them since the various control and accountability measures instituted in the Constitution have been rendered inoperative or impotent by the same people who are expected to make them work. This was what partly informed the establishment of the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices & Other Related Offences Commission (ICPC) to combat acts of corruption by both public and elected officials of the state by my Administration as the President of the Federal Republic of Nigeria.
The 1999 Constitution that we are operating today, though partially amended, provides for the establishment of some institutions to set the ground rules and promote accountability. These include the Offices of the Accountant-General of the Federation and the Auditor-General of the Federation. We also have the Revenue Mobilisation and Fiscal Commission, the Public Complaints Commission, the Code of Conduct Bureau, the Bureau for Public Procurement, the Office of the Ombudsman and several others. With all of these being put in place to ensure checks and balances within the system, little could be achieved. What is starkly and shamefully lacking is compliance.
Let me comment on recent issues concerning corruption and accountability. Three weeks before the first three judges were arrested for corruption, I was talking to a fairly senior retired public officer who put things this way, “The Judiciary is gone, the National Assembly is gone, the military is sunk and the civil service was gone before them; God save Nigeria”. I said a loud Amen. Three weeks later, the process of saving the Judiciary began. And if what I have gathered is anything to go by, there may be not less than two score of judicial officers that may have questions to answer. That will be salutary for the Judiciary and for the Nation.
While one would not feel unconcerned for the method used, one should also ask if there was an alternative. The National Judicial Council, NJC, would not do anything as it was all in-breeding. As now contained in our Constitution, the President of Nigeria cannot influence or make any appointment to the Judiciary at the Court of Appeal or Supreme Court level. He can only transmit the decision of the NJC to the Senate even where Senate confirmation is required. The Constitution which was heavily influenced by the Judiciary ensured that. And yet a drastic disease requires a drastic treatment. When justice is only for sale and can only be purchased by the highest bidder, impunity and anarchy would be the order of the day and no one would be safe.
A drastic action was needed to save the situation, albeit one would have preferred an alternative that would serve the same purpose, if there was one. In the absence of that alternative, we must all thank God for giving the President the wisdom, courage and audacity for giving the security agencies the leeway to act. And where a mistake was made in the action taken, correction must take place with an apology, if necessary. There is virtually no corrupt Judge without being aided by a member of the bar. The Nigerian Bar Association, NBA, has the responsibility to clean up its own house and help with the cleaning of the Judiciary. It is heartening though that some members of the NBA have recently called for judicial reform. Such reform must be deep, comprehensive and entail constitutional amendments as appointment and disciplines of Judges are concerned. May God continue to imbue the Executive with the necessary wisdom and courage to clean the dirty stable of the Judiciary and the Bar for the progress and the image of our Nation. It must also be said that the good eggs within the Judiciary must be proud of themselves and we must not only be proud of them but also protect them and their integrity.
If the Judiciary is being cleaned, what of the National Assembly which stinks much worse than the Judiciary? Budget padding must not go unpunished. It is a reality, which is a regular and systemic practice. Nobody should pull wool over the eyes of Nigerians.
Ganging up to intimidate and threaten the life of whistle blower is deplorable and undemocratic. What of the so-called constituency projects which is a veritable source of corruption? These constituency projects are spread over the budget for members of the National Assembly for which they are the initiators and the contractors directly or by proxy and money would be fully drawn with the project only partially executed or not executed at all. The National Assembly cabal of today is worse than any cabal that anybody may find anywhere in our national governance system at any time. Members of the National Assembly pay themselves allowances for staff and offices they do not have or maintain. Once you are a member, you are co-opted and your mouth is stuffed with rottenness and corruption that you cannot opt out as you go home with not less than N15 million a month for a Senator and N10 million a month for a member of the House of Representatives. The National Assembly is a den of corruption by a gang of unarmed robbers.
Like the Judiciary, the National Assembly cannot clean itself. Look at how re-current budget of the National Assembly with the so-called constituency projects has ballooned since the inception of this democratic dispensation. What were their budgets in the 2000, 2005, 2010 and 2015? The revelation was both alarming and scandalous. Once, when I was President, I asked outside auditors, both normal and forensic, to audit the account of the National Assembly, they frustrated it on the basis of separation of power. They claimed they had oversight responsibility for their corruption and misdemeanour and nothing can be done. It is like asking a thief to watch over himself. There must be full disclosure of all relevant fiscal information in a timely and systematic manner at all levels.
Budget transparency is a precondition for public participation in budget processes. The combination of budget transparency and public participation in budget processes has the potential to combat corruption, foster public accountability of government agencies and contribute to judicious use of public funds. The National Assembly budget process is not only carried out in opaque and corruptive manner but also in grossly unconstitutional manner. Hence, our lawmakers are lawbreakers. They are the accused, the prosecutor, the defenders and the judge in their own case. Most of them conduct themselves and believe that they are not answerable to anybody. They are blatant in their misbehaviour, cavalier in their misconduct and arrogant in the misuse of parliamentary immunity as a shield against reprisals for their irresponsible acts of malfeasance and/or outright banditry.
We should not continue to live with the impunity and corruption of the National Assembly. Yes, I believe that something can and should be done. The President should ride on the crest of the popularity of what is happening in the Judiciary to set up a highly technical team of incorruptible investigators to look into the so-called constituency projects of the past and the present and bring culprits to book. The President has overall responsibility and accountability for any fund appropriated under his watch. There would be many of such projects and the National Assembly would try to frustrate such necessary investigation. But the project sites are known and magnitude of funds voted for them are known. The investigation will reveal the true situation.
Nigerians will be shocked with what such enquiries would unearth. Measures to be taken should include stopping spurious constituency projects with immediate effect. And if our lawmakers-turned-lawbreakers manage to smuggle any so-called constituency projects into the budget, money should not be released for such scandalous projects. They would, as they tried with me, threaten impeachment. But a clean Judiciary and a cheated Nation should stand with the President. There should be no going back.
By our Constitution, the Revenue Mobilisation, Fiscal and Allocation Commission should be responsible for fixing the remunerations of the Executive and the Legislative arms of the government. Any salary, allowance or perquisite not recommended by the Commission should not be budgeted for; but crooks and crocked that most of the members of the National Assembly are, they will try to find other ways which must be blocked. In the past, they even instructed the Clerk of the National Assembly not to reveal to the Executive details of their remuneration. May God give the President the wisdom, courage and audacity to be able to do with the National Assembly what is being done with the Judiciary. Mr. President must be assured that he will earn the accolade and support of most Nigerians and indeed most friends of Nigeria within and outside Nigeria.
Another means by which the National Assembly embarks on corruption spree is their so-called oversight responsibility. They instigate and collude with Ministries, Departments, Parastatals and Agencies to add to their budget outside what was submitted by the President with the purpose of sharing the addition or they threaten such units to reduce what was submitted by the President unless there is a promise of kickback. They can also set up a spurious committee to investigate a project while they call on the contractor to pay them or the executive officer in charge of the project to cough up money, otherwise they would write a bad report.
The National Assembly stinks and stinks to high heavens. It needs to be purged. With appropriate measures, the budget of the National Assembly can be brought down to less than 50% of what it is today. God will help Nigeria, but we must begin by helping ourselves.
How I wish that the military has not descended into what it has descended to in the last seven or eight years! It is sickening! When the military is corrupt, it affects its fighting ability in many ways. Poor, used and inappropriate equipment and materials are purchased by the military for the military at the expense of the lives of fighting troops in the warfront. In some cases, nothing at all is purchased. How callous, for a General, an Air Marshall or a Naval Admiral to be so cruel and unpatriotic as to buy such inappropriate weapons, equipment, ammunition and materials for men facing the rigour and ruthlessness of an enemy force like the Boko Haram!
It is more damnable for nothing to be bought and yet the money disappeared into their private personal pockets. I can only say to these officers that I am not proud of them, rather I am ashamed of them. Whether they are alive or dead, their family members should also be ashamed of them. And what is more, the blood of those men who died because of their nefarious and sordid acts and actions would be on their hands. I know what it could be to be poorly equipped or starved of essential weapons, ammunition, equipment and materials to fight a war. Surely, God will deal with such offenders and capital sinners, but, in addition, those who have responsibility for dealing with them here on this side of the veil should not fight shy otherwise they become accomplices.
Finally on the military, the procurement system has to be streamlined and taken back to what it used to be. The military is not a buyer of its own weapons, equipment, ammunition and materials. It is only a recommender and a tester of the weapons and equipment that could perform the role and function assigned to it. The procurement is normally by a Committee which includes defence, finance, legislature, foreign affairs and the military only as observer or adviser to ensure quality and standard. With ridiculous statements and claims that insult the intelligence of Nigerians by immediate past leaders in government and their collaborators and accomplices either outside government or still within the corridor of power, all reports must be made public for Nigerians to know the truth and be able to make up their minds about the past and the future. With some shocking revelations and magnitude of stolen money so far reported, it will be absurd and insensitive to extreme for anybody in charge to claim innocence or show no remorse, especially when the Central Bank was prepared and staffed to bankroll the Presidential campaign of 2015. Such action and reaction is height of insults to this Nation and its citizens. That cannot be the right way to go.
It is heart-warming and certainly encouraging that the President has taken the bull by the horn by taking the first right step. He has ordered thorough investigation. But the next step is the immediate and appropriate actions on the reports no matter who is involved, and this requires greater wisdom, courage and cold decision. May God grant the President all the attributes he will need to clean the augean stable of the military. If not done as it should, it will undermine the fight against corruption and the President will not escape the charge of weakness or leniency towards his former constituency, the military.
Apart from the recovery which is most important, selective and symbolic prosecution should be made to serve as permanent deterrence. Otherwise, it will be a game of denial or litigations in future by shameless culprits. As the old saying goes, “Charity begins at home”. The President’s action against offenders in the military should strengthen his hands against offenders in other constituencies, i.e. judicial, political, executive, police, para-military, educational institutions, diplomatic, civil service and parastatals.
The anti-corruption war in the past has landed some Governors in jail while some still have their cases pending in courts. Justice delayed is justice denied. To my surprise, I found out that most State Governments prefer not to always take advantage of funds made available as counterpart fund by Federal Government or what they have access to on the basis of rendering previous accounts. The simple reason is that they do not want to account to the Federal Government for such funds because it will open them up to outside party scrutiny because they don’t want to be transparent and be held accountable. This situation has led to money being available but not being utilised by States in such areas as basic education, UBEC, where the Federal Government provides counterpart funding. UBEC is one example, there are others. Incumbent Governors should be reminded that there will be accountability and judgement after the government house. EFCC and ICPC must buckle up.
If corruption is continued to be fought courageously and relentlessly, there will be substantial recovery from within and from without coupled with plugging the holes of wastes in Ministries, Departments, Educational Institutions and parastatals and we will need less borrowing if we would need borrowing at all, to get us out of recession than we might have thought. Of course, we must be ready to bite the bullet of spending less on luxuries and the unneeded and what we can do without and earning more on production, services and trading. I believe that going for a huge loan under any guise is inadvisable and it will amount to going the line of soft option, which will come to haunt us in future.
We immediately need loans to stabilise our foreign reserve and embark on some infrastructure development but surely not $30 billion over a period of less than three years. That was about the magnitude of cumulative debt of Nigeria which we worked and wiped out ten years ago. Before that debt relief, we were spending almost $3 billion to service our debt annually and the quantum of the debt was not going down. Rather, if we defaulted, we paid penalty which was added on.
The projects listed for borrowing are all necessary in the medium- and long-run for our economy but we have to prioritise. Railway is a necessary service but it is not profit-making anywhere in the world today. We need steady and continuous but manageable funding on the railway project. Mambilla hydro is the same; necessary but it cannot pay itself, especially with the global energy sector of shale revolution, hydrogen fuel and increasingly cheap renewable energy such as solar. OPEC itself has projected that the price of oil will be hovering in the region of $50 per barrel for the next fifteen years or so.
The argument of concessional mixed with commercial does not hold water. When the concessional and the non-concessional borrowings are put together, interests alone will be in the region of 3% to 4%. The bunching of debt service will be a problem to confront other administrations in future. Soft option alone is not the answer, a mixture of soft and hard options is the way to go. Telling us that those projects will pay themselves cannot be the whole truth. We were told there was rainy day when we lavished our reserve and excess crude on frivolities. When we now have the rains beating us, there is no umbrella over our heads.
Again, now we are being told the projects will pay themselves when we know damn well they will not. If we borrow some thirty billion dollars in less than three years, we would have mortgaged the future of Nigeria for well over thirty years to come. There may also be the problem of absorptive capacity which will surely lead to waste. A careful scrutiny of the projects with priotisation and avoidance of waste and taking into account avoiding bunching of debt service in future especially when no one can accurately forecast the global and national economy, will indicate less than thirty per cent of the foreign loan being requested as prudent.
We must not be unmindful of internal borrowing either. It impacts somewhat differently on the economy but it must not be allowed to crowd out the ability of the private sector to borrow to grow the real economy which is to lead us out of the recession.
We must be hard and harsh on those who stay outside, whether they are Nigerians or expatriates, and piece inside our economic house through smuggling, dumping and cheating on duty payment and lying on custom classification. We must make our neighbours realise that encouragement of acts to undermine our economy by allowing their countries to be used a smuggling route and dumping grounds for entries of unwanted commodities into Nigeria will be treated as an act of hostility. We must be ready to close our borders with such neighbours to protect our economy. We must also empower customs to close the shops and factories of cheaters and immigration to deport hostile expatriates within our midst. The act of underpinning and destroying our economy should be regarded as an act of hostility and treated as such. If we do not fix the economy to relieve the pain and anguish of many Nigerians, the gain in fighting insurgency and corruption will pale into insignificance.
No administration can nor should be comfortable with excruciating pain of debilitating and crushing economy. Businesses are closing, jobs are being lost and people are suffering. I know that President Buhari has always expressed concern for the plight of the common people but that concern must be translated to workable and result-oriented socio-economic policy and programme that will turn the economy round at the shortest time possible. We cannot continue to do the same thing and expect things to change. That will be a miracle which normally doesn’t happen in normal national economies. We have people inside and outside who can be brought together to help device the right economic policy and programme to get us out of the pit before we fall over the precipice into a dark cave. Economy requires a great element of trust to get it out of the doldrums let alone out of negativity. That trust and confidence has to be created.
Coming back to the issue of corruption, there is always need for institution reform to go along with recovery to make gains from fight against corruption last. Such reforms may have to be strengthened by legislation like the military procurement I mentioned earlier. But where the guard is the thief like we have seen in recent times, it makes things difficult, if not impossible.
All in all, everybody must be held accountable. There should be no sacred cow or witch-hunting or untenable excuses to let the camel through the needle eye. Those who must be made accountable must be made accountable with stick and carrot. However, I remain optimistic even though the grounds for optimism keep shrinking. Or, how do you explain having to go into any debate at all whether or not a judge found corrupt should be properly and lawfully dealt with or not? Worse still, how do you explain the situation where people are shamelessly protesting in favour of a person being arraigned in court for corruption offences? Whether those protesters are put to it or they put themselves to it, it is the greatest disservice to the Nation. It is shamefully disgraceful for both the culprit and the protesters. And it is an indication of how much our values have been debased. We cannot be a strong, great and respected nation in the world without political stability and cohesion, strong economy, robust and enduring values.
The Media should be more discerning, sensitive and responsible in reporting and commenting on corruption issues. We should realise that the entrenched interests, internally and externally, in corruption, will not go away. We need to discover and find permanent solution, otherwise some will bend, others will lie low while some others will be dormant; but all of them will spring up later and move on with vengeance as if nothing had happened. That has been our experience in the past. We must put an end to that. Part of sustenance of fight against corruption will be moral rearmament and resurgence of core values of integrity, honesty, fairness, justice, hard work and sense of shame, not impunity and indignity.
We must think and act out of the box to put the monster of corruption and impunity behind us permanently. For some unclear reasons, the government at the centre has not been able (I hope not lack of willingness) to present to the Nation the true position of our economy and our finances. For instance, how much did we receive from major revenue earning and collecting points – petroleum and gas, FIRS, maritime, aviation, VAT, etc. And how much should we have received. If there was any discrepancy, why, how and how much? How was the receipt distributed and how was the Federal allocation spent? Such a clear picture will let Nigerians and their friends know where we are.
It will help people to understand exactly the position of government with true economic and financial situation, and what more pains and sacrifices we have to take and make to get us out of recession. Nigerians must know the truth to work our way out of recession. Easy options will not get us there. Blanket cover or cover-up is no accountability. I was shocked to know that the ECOWAS’ money collected out of 0.5 per cent import surcharge for ECOWAS was spent by Nigeria in the last five years or so. How was that for responsibility and accountability and particularly leadership within ECOWAS?
The blanket adverse comments or castigation of all democratic administrations from 1999 by the present administration is uncharitable, fussy and uninstructive. Politics apart, I strongly believe that there is a distinction between the three previous administrations that it would be unfair to lump them all together. I understand President Buhari’s frustration on the state of the economy inherited by him. It was the same reason and situation that brought about cry for change, otherwise there would be no need for change if it was all nice and rosy.
Now that we have had change because the actors and the situation needed to be changed, let us move forward to have progress through a comprehensive economic policy and programme that is intellectually, strategically and philosophically based. I am sure that such a comprehensive policy and programme will not support borrowing US$30 billion in less than three years. It will give us the short-, medium- and long-term picture.
Adhocry is not the answer but cold, hard headed planning that evinces confidence and trust is the answer. Economy neither obeys orders nor does it work according to wishes. It must be worked upon with all factors considered and most stakeholders involved. The investors, domestic and foreign, are no fools and they know what is going on with the management of the economy including the foreign exchange and they are not amused. The Central Bank must be restored to its independence and integrity. We must be careful and watchful of the danger of shortermism. Short-term may be the enemy of medium- and long-term. We must also make allowance for the lessons that most of us in democratic dispensation have learned and which the present administration seems to be just learning. It is easier to win an election than to right the wrongs of a badly fouled situation. When you are outside, what you see and know are nothing compared with the reality.
And yet once you are on seat, you have to clear the mess and put the nation on the path of rectitude, development and progress leaving no group or section out of your plan, programme and policy and efforts. The longer it takes, the more intractable the problem may become.
There is one aspect of accountability in governance in Nigeria that I consider paramount and which is often overlooked. That is accountability for our unity, cohesion, peace and security. All other issues can be fairly well attended to, addressed and dealt with if our unity, cohesion, peace and security are unassailable. It is normally the responsibility of government to mobilise the citizenry for all hands on deck to ensure good governance and accountability. All men and women of goodwill in Nigeria must be part of the exercise.
The fundamentals to achieving such a situation are justice, fairness, equity, popular participation and equal opportunity. In the last seven to eight years, we have slipped back on these fundamentals. The result is that our country is today more factionised than we were ten years ago. For the purpose of nation-building, it is not a satisfactory situation to be in especially when we need all hands on deck to work and walk our way out of recession. For those at the helm of governance, accountability, for unity, cohesion, peace and security as basis for development, growth and progress is not any less important than accountability for management of resources. It must be seen as the symbol of any political administration and what the welfare and well-being of the people hang on. Accountability in governance is the litmus test of any administration. It is the accountability of institutions which is the hallmark of democracy that promotes both political and economic good governance. Open government must be seen and made to work as partnership in which all have a stake and an interest.
Consistent with the law and policy, government must take appropriate action to disclose information rapidly and timely in form that members of the public can easily access and utilise. With the latest in digital technology, information about government operations and decisions should be readily available online. The public should be solicited for feedback to identify information of greatest and most vital use to the public. When I was President of Nigeria, I adopted regular public discussion on radio and television with questions and answers as one means of achieving this objective. The value of openness in government engagement with citizen to improve services, manage public resources, promote innovation and create safer and more secure communities must be upheld.
There must be ‘disciplined nationalism’ to manage resources, internal or foreign, for maximisation of growth and for the benefit of all. A torrent of money in the hands of weak, corrupt and incompetent government is a disastrous waste for a nation. Nigeria has experienced that in the not-too-distant past. Apart from the reforms necessary in all arms of government, for the immediate and the future, we must embark on very close x-ray of all people seeking elective offices at any level and all political, judicial and legislative appointees.
The x-raying must be open and transparent and the burden of proof must be that of the person seeking elective office and/or any of the public appointments mentioned.
In the past, we have not done enough background checks and enquiries about the past of people seeking elective offices or being appointed to public offices. The same is the case of people being awarded national honours and awards to the extent that national honour and award have been cheapened and debased. I know an officer who was removed from the Army for embezzling N300,000 of troops’ salary and was given national honour under the last administration.
I dare say also that a situation where a person supposed to be screened by the National Assembly for public appointment is told to give a bow without any screening because he or she had been a member of that Assembly amounts to dereliction of duty on the part of the national body. If people know that their total past will be x-rayed and the burden of proof will be theirs, they will be guarded, careful and more circumspect. Public office is public trust of integrity, honesty, incorruptibility and total good conduct and good behaviour. Therefore, anybody with a question mark should be considered ineligible for elective office or for appointment into public office.
Before I conclude, let me commend all the foot soldiers in the war against corruption – the different panels of enquiries, the ICPC but particularly the EFCC which is now showing that it is a bull dog that can bite. It has, of course, continued to get rid of bad eggs within its rank. We must appeal to the Judiciary not to frustrate the efforts of these soldiers through flimsy technicality and interminable adjournments. Corruption is corruption and it cannot be explained as the proceeds of sale of rice and gari by a judge nor can millions of dollars be explained as medical fee or gifts without identified sources by a public officer or spouse of such a public officer.
The foot soldiers in anti-corruption war must be encouraged to soldier on through commendation and appreciation of their efforts. In the final analysis, we must ensure that by law, review of our Constitution, convention, advocacy and awareness-raising, we stamp out brazenness, impunity and utter irresponsibility in governance and ensure accountability in any arm, ministry, department, parastatal or unit of government.
Let me conclude on a note of optimism with caution. Nigeria has shown great resilience and capacity to bounce back from the edge of the precipice in the past and our people, boldly and courageously, went out to seek greener pasture with remarkable success. Events in the world are showing that the opportunities are diminishing. If we do not get it right in good governance and accountability, the fuze of anger of the citizenry particularly the youth may be getting shorter.
Correction must be made while there is still time. If that correction is timely made, Nigeria has the quantity and quality of resources particularly human resources to make it a great nation to be counted among the comity of nations within two generations as the undisputed leader of Africa and the black race in all ramifications. May God continue to give us what we need in governance at every level and accountability for now and in future.
Thank you for listening.
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