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Sunday, April 9, 2017

TAKE ANTI-CORRUPTION CASES TO ICC- Groups tells buhari


Human rights advocacy group, Socio-Economic Rights and Accountability Project , has advised President Buhari to consider taking some of the high -profile corruption cases before international criminal
courts in order to ensure that justice is served .

The group expressed a concern that the Buhari anti - corruption fight would soon be rubbished if only petty offenders are successfully prosecuted while high - profile corrupt individuals escape punishment and justice.

The advice came on the heels of three major court rulings last week against the Federal Government in its anti -graft campaign .

A High Court of the Federal Capital Territory, Abuja had last Wednesday discharged and acquitted Justice Adeniyi Ademola, his wife, Olubowale , and a Senior Advocate of Nigeria , Joe Agi , who were charged with bribery and corruption.

Also last week , the Federal High Court in Lagos , in two separate rulings , unfreezed the accounts of the wife of ex - President Goodluck Jonathan , Patience , with a balance of $ 5 . 9 m ; and the account of Chief Mike Ozekheme ( SAN ) , with N75 m .

The EFCC had earlier obtained orders freezing both accounts on the claims that the funds were proceeds of crimes .

In a statement on Sunday by its Deputy Director , Timothy Adewale , SERAP advised Buhari not to limit the corruption cases to local courts but to adopt a revolutionary approach by taking some of the cases to criminal courts with international jurisdiction .

One of such courts , SERAP said , is the International Criminal Court in Hague , Netherlands , stressing that being a state party to the Rome Statute , Nigeria is eligible to approach the ICC .

The organisation argued that acts of corruption by high - ranking officials, their families and associates qualified as international crimes in view of the huge national wealth involved , and the devastating effects of such plundering on the masses .

According to SERAP, the Buhari ’ s anti -corruption fight would benefit from the expertise , experience , and international best practices adopted in criminal courts of international jurisdiction , which could serve as a complement to the mandates and power of the local anti - corruption agencies and judiciary to successfully and satisfactorily investigate , prosecute and hear high - profile corruption cases.

The organisation said , “The latest setbacks in the prosecution of high -profile corruption cases show the need for effective enforcement measures to weed out , expose , and punish grand corruption in the country. Referring large - scale corruption cases to the International Criminal Court would , in the short- medium term , improve deterrence , and at the minimum demonstrate a symbolic commitment to confront grand corruption head on .

“ Referral to the ICC should be considered as a stop- gap measure , and as part of an all- embracing strategy that would inevitably require a fundamental reform of the criminal justice system and the strengthening and empowerment of the country’ s anti - corruption agencies .
“ SERAP argues that corruption by high - ranking officials, their families and associates is an international crime , especially given the sheer amounts of national wealth involved , and the devastating effects of such plundering , including political instability, weak rule of law , and destruction of the country’ s economy .

“ Without effective investigation and prosecution of high - ranking public officials charged with corruption , and a judiciary that is willing and able to satisfactorily play its own interpretative role , this government ’ s fight against corruption may sadly turn out to be all motion and no movement , and this will eventually undermine the legitimacy of the anti -corruption efforts.

“ It should not be the case that only petty offenders are successfully prosecuted while high profile corrupt officers escape punishment and justice. Prosecuting the ‘ small fry ’ and leaving the ‘ big fish ’ to go unpunished would send a particularly damaging message about the government ’ s commitment to end large - scale official corruption , legitimise offenders ’ impunity, and clearly violate the underlying legal and moral assumptions that a government will treat all persons equally , fairly , and with respect . ”

The organisation said it believes that effective prosecution of high - ranking officials would encourage other countries keeping Nigeria ’ s funds to repatriate same while the country would also enjoy better international cooperation.

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