The light sentence handed to a
director in the Police Pensions Office, Mr. John Yusuf, by a Federal High Court
in Abuja is still the subject of what is gradually turning out to be a
nation-wide debate on the moral substance of the ruling. Yusuf was convicted
for defrauding the Office of the sum of N27.2bn alongside six others, an
offence punishable under Section 309 of the Penal Code Act, Cap 532, Laws of
the Federal Capital Territory, Abuja, Nigeria, 2007. He was subsequently
sentenced to a two-year jail term. Apparently worried that Yusuf, like a few
other public office holders convicted for graft before him, had managed to
negotiate this light sentence through the doctrine of plea bargain, many
Nigerians have wondered if the judiciary is actually deaf to outcries against
corruption and the present campaign to rid the country of the evil. The
decision of the presiding judge, Justice Abubakar Talba, in not responding
positively to the plea of the counsel to the Economic and Financial Crimes
Commission, Mr. Rotimi Jacobs, to sentence Yusuf as stipulated by law, has
further weakened public confidence in the ability of the judiciary to uphold
the principles of justice and fairness.
Among other examples, American
businessman, Bernard Madoff, is currently serving a 150-year jail term. The
former stockbroker, investment advisor and financier had pleaded guilty to 11
federal felonies and admitted to turning his wealth management business into a
massive Ponzi scheme – which defrauded thousands of investors of billions of
dollars. China, South Korea, Taiwan, Singapore and Vietnam are a few examples
of countries where brutal measures, as officially prescribed by law, have
helped to drastically reduce the incidence of corruption. In April, 2012, a
Chinese court in Beijing sentenced a prominent politician, Song Chenguang, to
death with two years reprieve for bribery. Song was convicted for bribes worth
the equivalent of $2m (about N300m) between 1998 and 2010.
A statement by the Intermediate
People’s Court of Tai’an city said that in exchange for the money he had helped
about 18 companies and individuals to gain access to government contracts,
projects, sales permission and promotions. The court had ruled that considering
the amount of money he received, Song must be severely punished. But the
two-year probation of the execution was granted after he confessed to his
crimes and was expelled from the CPC and removed from office. In China, as with
most other Asian countries, corruption attracts a capital punishment. The
reason may be due to the fact that like Nigeria, China has lost billions of
dollars in public funds to corrupt government officials. One of the cases of
graft involved a former chief executive of the Bank of China in Hong Kong, Liu
Jinbao. He was given a suspended death sentence for embezzling, solely or in
collaboration with others, more than $1.7m. Such is the gravity of the offence
in that country that a statement published by the China’s Ministry of Commerce
says more than 4,000 officials have fled the country, taking with them nearly
$50 bn. In November, 2012 the Chinese leadership warned of a possible collapse
of the state due to endemic corruption and urged the ruling Communist Party, as
well as patriotic Chinese to rise up to the challenge. Nigeria faces a similar
situation unless the country’s leaders stop paying lip service to the current
fight against this social cankerworm.
Corruption, openly abetted by the glaring absence of an effective strategy from the Federal Government to combat it, has reached a point at which nothing short of drastic measures must be introduced to put an end to its menace . Obviously angered by the impunity with which public office holders embezzled funds meant for the nation, the Arewa Consultative Forum recently urged the National Assembly to introduce the death penalty as punishment for graft. Although the call had predictably ignited a controversy, the import was not lost on genuinely concerned Nigerians. The search for a most appropriate legal solution to corruption may continue for a long time unless the government takes a cue from some countries around the world and deal squarely with it.