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Thursday 31 January 2013

Pension fraud: The N750,000 fine for stolen N32.8 billion


The obvious miscarriage of justice perpetrated on Monday by a Federal High Court in Abuja, which sentenced a public servant, John Yakubu Yusuf, to two years imprisonment with a fine option of N750,000, for conspiracy and stealing of N32.8 billion from police pension funds; a fine the convict happily paid on the spot and walked away a free man, will go down in history as one of the most ridiculous efforts of the judiciary in stemming the tide of corruption in Nigeria. Yusuf, an Assistant Director with the Police Pension Board, was standing trial with about five others for the mind boggling theft committed between January 2009 and June 2011. In making a mockery of the case, the trial judge, Justice Mohammed Talba, according to reports, said the convict “actually assisted the court by confessing to have taken N3 billion as his share from the stolen N32.8 billion”.

The judge ruled that the convict must forfeit a total of 32 properties and the sum of N325 million. In Europe or America, the likes of Yusuf would have been sentenced to pretty long terms in prison to serve as deterrent. In Asia, such felons must have committed suicide even before being sentenced to death. It is on record that former governor of Delta State, Chief James Ibori, pleaded guilty of fraud and money laundering charges at a London court in February 2012.

But Judge Anthony Pitts who handled the case, recognising the gravity of the offence, discountenanced Ibori’s self confession and sentenced him to 13 years in prison the following April.

Before the London judgment, a Federal High Court in Asaba, the Delta State capital, presided over by Justice Marcel Awokulehin, had in 2009, discharged and acquitted Ibori of a 170- count charge of stealing and money laundering. It is unacceptable that selfconfessed convicts in Nigeria are offered ludicrous options of fine with a pat on the back for crimes that should attract maximum punitive measures.

How much do bank robbers steal that often earn them the harshest sentences in court when caught? We shudder at what fate holds in stock for the nation, its resources and suffering pensioners if heartless pension thieves can be treated with kid gloves.

Nigeria has become a nation whose law enforcement institutions, the judiciary, and reformatory establishments retard or scuttle the cause of justice, instead of advancing same. Through dubious plea bargains, high profile crimes, especially public treasuring looting and outright frauds, including the recent subsidy scam, go unpunished.

The judiciary in particular remains an accomplice in plots to sabotage attempts by the Economic and Financial Crimes Commission (EFCC) to bring some past governors, especially those who served between 1999 and 2007, accused of plundering the resources of their states, to book through the granting of perpetual injunctions against their prosecution. Trailing the police and the judiciary since 1999 are many unresolved high wire assassination cases, that of Chief Bola Ige, the nation’s one time power minister, inclusive. Insurgents and militants are treated like kings and rewarded with mouth-watering contracts, instead of being punished.

How else does the nation hope to contain high brow crimes and treasonable felonies if not through the firm application of the law and the right punishment for culprits? Why are foreign nations now more committed to punishing Nigerians who ruined Nigeria and Nigerians, than the Nigerian judiciary?

Corruption is consuming the nation the more and retarding development in all sectors of the economy and facets of life. Nigeria is going and going. It may crumble one day because of self-inflicted fatalities. The Federal Government can no longer feign ignorance of the high premium nations that crave survival place on punishment for crimes.

Except the government wishes to hide under the rot as veil to cover up its own excesses and recklessness, something ought the done fast to redress the situation. The FG should positively redefine its inputs in the nation’s criminal justice institutions and processes; while the National Assembly should come up with the right laws to strengthen criminal justice delivery. If the fault is that of the judiciary, compromised and non-credible judges should be identified and flushed out.

If it is that of the National Judicial Council (NJC), the laws establishing it should be radically reviewed to enable credible and eminent Nigerians from other professions, who understand and appreciate the level of the rot, to be part of the Council, and not just judges and lawyers some of whom benefit from the stinking system. If it is that of errant lawyers, they should be hounded out and severely punished, too. The FG should make hay while the sun shines.

If the government fails to take steps to ensure that the country’s law enforcement agencies, the judiciary and reformatories are no more sellouts, the catastrophe that may follow will not spare anyone. And while the nation grieves, we implore the EFCC to file an appeal against the Justice Talba ruling.

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