Oyebode: Corruption Now a Case of Crime against Humanity

Akinwale Akintunde

Professor of International Law and Jurisprudence, University of Lagos, Akin Oyebode, thursday said the issue of corruption in Nigeria is fast becoming a case of crime against humanity.

Oyebode, who spoke as a guest speaker at a roundtable organised by Socio-Economic Rights and Accountability Project (SERAP), also warned that corruption may kill Nigeria If drastic measures are not urgently put in place to contain it.

The roundtable with the theme, “Strategies for Mobilising Mass Action to Demand Anti-Corruption Reforms and an End to Impunity for Grand Corruption in Nigeria” was organised by SERAP in collaboration with the National Endowment for Democracy (NED).

The professor of Law said corruption connotes unlawful and illegitimate demand by a service provider for payment in cash or kind for action or inaction as an inducement in connection with a service for which he is officially remunerated.

He therefore called for mass action by the citizens on the authorities to end impunity for grand corruption in the country.

“The people must be enlisted in the war against corruption. Nigerians should start anti-corruption clubs in schools, radio jingles should be put in place to fight corruption, carry placards, go outside, organise sit ins like SERAP is doing presently, Nigerians should be mobilised against corruption and now take their destiny in their hands.

“The fight should not be left alone to organisations like SERAP and when the State want to attack organisations like SERAP, the masses should fight for them.

“The recent attempt by the National Assembly with the NGO bill to control, monitor and eventually sequester CSOs all because of the excuse that some CSOs are corrupt should not be allowed. Cutting off the head is not the cure for headache, the bill is an overkill. If they cage organisations like SERAP, who will fight for the masses. The government do not want anybody to act as impediment to their thievery activities.

“Corruption is now thriving more than ever before, despite the ongoing fight against it. However, international law has really helped with a plethora of laws against corruption, it now behoves on citizens to take advantage of this laws to fight against corruption,” Oyebode said.

According to the professor, it is not enough to have fanciful anti-corruption laws but getting the generality of the popular masses wedded to the crusade will make it a success.

“Without the cooperation and collaboration of generality of the people, the anti-corruption bodies might end up little more than paper tigers.

“The legality or validity of the anti-corruption war is not in doubt. However, the practical implementation of the relevant laws is fraught with considerable difficulty, not least, the extent to which the generality of the populace is at one with the government.

“Jurisprudentially speaking, validity is a question of imputation while efficacy is more a matter of fact or causation. Accordingly, it is imperative to consider the role of the people in relation to the struggle to contain corrupt practices.”

“It is on record that Nigeria has a set of anti-corruption laws reflecting the will and intention of the government to battle the virus to the hilt. However, the efficacy of anti-corruption legislation coupled with judicial pronouncements and conviction and sentencing of corrupt elements would require the complement of mass action and commitment arising from general awareness and resolve to collaborate with on-going efforts. Inevitably, government action in this regard must be undertaken for the anti-corruption struggle to bear fruit.

“It is hardly an exaggeration that corruption has leveled, perhaps, the most virulent attack on Nigeria’s ‘bodypolitik’. Despite all the hue and cry over the debilitating consequences of corruption on the country’s socio-political fabric, it is sad but true that the virus has continued to fester in leaps and bounds.

“The sad situation today is that despite its pernicious nature, corruption seems to have found a comfortable nest in the lives and consciousness of many of our people, thereby giving the false and erroneous impression that Nigerians have generally accepted it as a fact of life.

“To the extent that Nigerians take the saying, that there is no free lunch literally, the culture of the customary gift or dash, jara, egunje, etc. has been internalised among the population so much so that there is little surprise if and when a Nigerian evinces corrupt practice in the form of bribe-taking, over-invoicing and kindred under-the-table dealings. There are even popular sayings approving of all manner of unjust enrichment at the point of duty.

“In a country where a president could once declare that stealing was not corruption, the most important commandment would seem to be the eleventh: Thou shall not be caught or found out!”
“In Nigeria, there is a plethora of laws against corruption and related manifestations of the “ugly and unacceptable faces of capitalism.”

Aside from the Criminal and Penal Codes, the Corrupt Practices and Other Related Offences Act, 2000, laid the ground rule for combating the odious crime”, Oyebode stated.

Meanwhile, the Attorney General of the Federation and Minister of Justice Abubakar Malami SAN, noted that the disconnect between Nigeria’s prosperity and where it is now is corruption.

According to Malami, who was represented by his Senior Assistant, Mr. Abiodun Aikomo said, “We have to be patriotic, only Nigerians can do something about corruption.

“To file paper in court, you have to shake body. Corruption has unfortunately attained legitimacy in Nigeria, we are all encouraging corruption that is killing us. Imagine a million citizens fighting against corruption, we have a government committed to the fight. Let us all fight it and shun greed”.

Also in his contribution, Human rights lawyer, Mr. Femi Falana, SAN, accused lawyers of terrorising the courts and judges, adding that such acts must be stopped.
“We must stop our lawyers from terrorising our courts and judges. We must get our judges to take charge of their courts.

“Religious leaders should stop confusing our people. Our churches and traditional rulers should stop praying for thieves. This is how low we have sunk. What are we as individuals doing to stop these politicians, let’s start with Lagos, let’s start asking our legislators how much they are being paid for doing what? Let our church stop conferring honours on criminals. Also our universities should be encouraged to join in the fight”, Falana said.