Without doubt, the judgment by Justice Abubakar Talba of the Federal High Court, Abuja, in the case of Mr. John Yakubu Yusufu and others undergoing trial for over N38 billion Police Pension Fund fraud, is indeed a damning commentary on the Nigerian judiciary. Fundamentally, it is another pointer to the much vilified but unaddressed corruption in the judiciary; and it is unfortunate that Judge Talba keeps making the headlines for all the wrong reasons.
On Monday, Justice Talba convicted and sentenced Yusufu to two years imprisonment on each of the three counts charge to run concurrently with the option of a fine in the tune of N250, 000 per charge. Yusufu is among six top officials of the Police Pension Office arraigned by the Economic and Financial Crimes Commission (EFCC) on March 29, 2012, on 16-count criminal charges bordering on conspiracy and criminal breach of trust. They allegedly stole over N32.8 billion from the police pension office.
The judgment has been widely criticized by both lawyers, civil society groups and even the National Assembly as a slap on the wrist of Yusufu who promptly paid the fine and was about to walk away free when the EFCC dragged him back to court on a fresh four-count charge relating to his alleged false declaration of assets. The EFCC alleged that Yusufu failed to make a full disclosure of assets and liability in his assets declaration form relating to his interest in a company known as SY-A Global Services Ltd.
Yusufu who was convicted after pleading guilty to the charge of stealing N23.3 billion from the pension office, is alleged to have used the company to lodge N250 million with a new generation bank. Although Yusufu pleaded not guilty to the new charges and wanted to post bail, Justice Adamu Bello ordered that he be remanded in prison custody and adjourned the case to March 1, 2013.
Following public uproar and criticism of the court’s handling of the matter, House Reps urged the EFCC and the Attorney-General of the Federation (AGF) to immediately appeal the decision. “The EFCC and AGF should, as a matter of urgency, appeal the judgment of Justice Abubakar Talba of the FCT High Court in the case of the State vs. Mr. John Yusufu and others, with a view to seeking stricter punishment for the offence under Section 309 of the Penal Code Act Cap 532 Laws of the Federal Capital Territory Abuja, 2007,” it said.
This is not the first time the said judge Talba has been embroiled in controversy. The two-year sentence, however one looks at it, is ugly given the huge amount of money stolen by Yusufu. The entire episode diminishes the nation and throws up unsavory issues of sycophancy, greed and corruption. The Judiciary’s battered image has taken a new beating with this scandal which is not good for our criminal justice system, especially as it borders on the fight against corruption. It is repugnant and unacceptable to good conscience; neither is it good for our democracy.
Without mincing words, the judgment of Justice Talba amid widespread public perception that judges have become conduits for compromising the justice process is weighty and very grave. This matter, as it were, should not be swept under the carpet by the National Judicial Council in the guise of institutional protectionism justified by the need to avoid washing its dirty lining in the full glare of the public.
The Judiciary is often described as the temple of justice and constitutes a vital component of the state, fully protected by the principle of separation of power. Its independence is deemed important to the rule of law and the liberty of the citizens. Therefore the judiciary is a venerated republican institution of the modern state. While it is to be noted that the Nigeria society as a whole reeks of corrupt practices, it is worrisome when some key institutions such as the judiciary, the legendary last hope of the common man, is accused also of descending into the cesspool of corruption.
This sort of judgment can only incentivize more grievous acts of corruption as the judgment did not meet the justice of the matter. But the House got it wrong when it issued a directive to the EFCC and the Minister of Justice and Attorney General of the Federation to appeal the sentence. Even as the peoples’ reps, the House should have no business giving direct orders to government units and agencies without going through the Executive that is vested with the control of the units. More pointedly, the House is not a judicial review agency; and it ought not to assume the duty of implementing laws simultaneously as it enacts them. Such a function is not envisaged as one of its oversights.
A judge is not permitted to embark on an inquisitorial examination of evidence outside the courtroom. The EFCC and other anti-corruption agencies should do a better job in prosecuting suspects arraigned for corruption. There has been too much lack professionalism resulting in cases being thrown out for lack of evidence or non-respect for due process.
Revamping and strengthening the institutions of the judiciary is imperative for a burgeoning democracy. It is tempting to call on the National Judicial Commission (NJC) to live up to its responsibility by stepping in to sanitize the judiciary. Sadly, that agency has of late come short on credibility and has been accused of impertinence and corruption. Therefore, there should be some other credible ways to go about the task of restoring integrity and credibility to the judiciary. One, a constitutional amendment is required for the re-composition of the NJC for it to be alive to its responsibility once again. And two, an ombuds panel of credible personalities is desirable, to dig into the rot in the judiciary.
Rhetoric on national transformation is meaningless when the country preserves a judiciary in which individuals convert official responsibilities to personal gain. The rot in the judiciary would seem to justify some intervention by the House, as same would be relevant for any other national issue – but the reps should do it within constitutional provisions to advance the principle of separation of powers in a presidential system of government. There lies their honor in the promotion of democratic tenets.
The point is driven home that Nigeria has a human integrity problem. Nigerians are corrupt and the human deficits are transferred unto the institutions to create an institutional integrity problem for the country. Ultimately, a redesign of Nigeria’s institutional architecture is required if the country is to abandon the sporadic and selective approach to fighting corruption and seriously tackle this cancer. Sadly, the Jonathan administration did not come to power with a plan for one. The corruption in the judiciary is a threat to the integrity of the regime and Nigeria’s democracy; it should be a motivation for sincere institutional reform.
Huhuonline.com Editorial
