In this report, VIVIAN OKEJEME, looks at the proposed law by Linus Okorie, a People’s Democratic Party (PDP) lawmaker, representing Ebonyi state in the National Assembly, seeking Amnesty for looters of the nation’s commonwealth
Is the bill by the National Assembly seeking to grant amnesty to treasury looters who fulfi ll certain conditions what the country needs now? Can it put an end to corrupt practices in the country? Will it put food on the table of millions of hungry Nigerians? Th ese are some of the questions agitating the minds stakeholders in the Nigeria project. According to many, if the bill scales through and passed into law, it will encourage corruption more and worsen the sickening situation of the country and its nascent democracy.
Th e bill titled, ‘A Bill for an Act to Establish a Scheme to Harness Untaxed Money for Investment Purposes and to Assure any Declaring Regarding Inquiries and Proceedings Under Nigerian Laws and for Other Matters Connected Th erewith’ was sponsored by Linus Okorie, a People’s Democratic Party (PDP) lawmaker from Ebonyi state. What the Bill seeks Th e bill, described as ‘Economic Amnesty,’ in Section 4 (a) provides that 30 percent tax and additional surcharge of 25 percent of such tax will be deducted from the recovered loot.
It also provides that while the proposed tax would be remitted to the federation account for distribution to all tiers of government, the surcharge is to be remitted directly to specifi c agencies towards agricultural and infrastructural development of the nation. Th e agencies are the National Agricultural Research Development Fund and the Nigerian Infrastructure Fund. Also, the Central Bank of Nigeria (CBN) is to manage the scheme, while the declaration would be made to the chairman of the Federal Inland Revenue Service (FIRS).
Th e bill also seeks to exempt all declarations made from further assessment/taxation by any tax authority within Nigeria, outside the tax and surcharge provided therein. In the bill, the Federal Government has powers to make consequential “orders not inconsistent with the scheme to remove any diffi culties” that may arise in the course of implementation. “In return, the bill proposes a total and comprehensive amnesty for all declarants from all otherwise repercussions under Nigerian laws and further provides that all such declarations shall be inadmissible in evidence against the declarant except in matters of national security,” the lawmaker said. ‘It’s scandalous’ Reacting to the proposed bill burning at the National Assembly, a senior advocate and human rights activist, Chief Mike Ozekhome, described the bill as most scandalous and debasing. He further described the bill as highly retrogressive, immoral, obscene and counterproductive. Ozekhome said, “I totally, wholeheartedly and unambiguously reject, with every fi ber in me, the proposed bill to give amnesty to treasury looters. Th e bill is a most scandalous and debasing bill, that is highly retrogressive, immoral, obscene and counterproductive.
Th e bill is simply dead on arrival; yes, as dead as dodo. But, I do not agree with those who believe that the proponents of the bill, in proposing it, were simply actuated by malice, corruptible tendencies, or with a view to protecting themselves in, or after offi ce. No.” “ Rather, I believe they were simply encouraged by the clear and extant provisions of section 270 of the Administration of Criminal Justice Act, 2015, which already allows for plea bargain. Th e section clearly provides that the prosecution may enter into a plea bargain with an accused person, either directly or through his representative, before the accused has entered his defence through giving of evidence in court. “A plea bargain allows for the return of part, or the whole of loot or proceeds of crime, by an accused person, in exchange for a lesser punishment, where the prosecution’s case is weak, or where the accused has cooperated with the state and has agreed to make restitution for the victim of the crime, etc.
Th is is to avoid unnecessary expenses and waste of time, resources and energy on the part of the state, where securing conviction of the accused person is not guaranteed by the evidence available to the state,” the silk further reasoned. Explaining further, Ozkhome said, “however, I am more inclined to agree with those who believe that a wholesome embrace and enactment of such a bill into a separate Act would amount to totally legalising and legitimising corruption as a fundamental objective and directive principle of state police, in a most brazen manner. “Th at will be quite dangerous, not only to the already battered image of the country, but also runs against the grain of preservation of national ethos, morals and ethics.
Such a law would send the dangerous signals that corruption indeed pays, and that all that a corrupt public offi cer needs to do is to shamelessly steal the country blind and then quietly return part of the loot, whilst he and his family relax and enjoy the country’s treasury for the remaining part of their wretched and miserable lives. Such a bill will undoubtedly ignite and encourage corruption, barefaced stealing of public funds and daring larceny of our collective national wealth and common patrimony in their naked forms. I reject, reject and reject the Bill”. ‘Promoters should be punished’ Also, Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), rejected the bill in its totality and called for punishment to the promoters of the bill. Sagay described the bill as “impertinent and scandalous and a total legitimation of treasury plundering.
“Th at a Nigerian legislator can have the eff rontery to promote a Bill which, if enacted into law, will enable looters of our treasury and national patrimony to keep the loot, if only they can acknowledge it as looted, provided they undertake to spend it in Nigeria, is breath-taking. Sagay said the anti-corruption war would be doomed if the Bill becomes law, adding that the idea was “shocking to the senses.” “In spite of the steep decline in the sense of morality and values in Nigeria in the last 16 years, particularly since this Eight Session of the National Assembly was inaugurated, Okorie’s blatant and brazen advocacy of free looting is nevertheless still shocking to the senses. “Soon, armed robbers, kidnappers, extortionists, 419ners, thieves, money launderers, embezzlers, etc, will line up before the Attorney-General with applications compelling him to grant them amnesty and never ever again to question the source, the real amount or any other information on looted funds.
“Now, what shall we do with Linus Okorie? I propose that the House of Representatives should regard Okorie’s Bill to be so impertinent and scandalous as to earn him a suspension from the House, for the rest of the Eight Session, i.e., until July 2019,” he concluded. Bill outrageous In the same vein, the Executive Director, Citizens Advocacy for Social & Economic Rights (CASER), Frank Tietie, said the bill is a defeatist and irresponsible idea because it is the political class which is generating this proposal that will eventually be the benefi ciaries. He said, “Th e citizens fail to realise that crime is crime and for it to be compounded, it must fi rst be prosecuted in the court of law. You must bring the entire money and serve one form of punishment.”
Another Abuja-based lawyer, Abi Wunana, described the bill as one that will encourage corruption. According to him, many unpatriotic Nigerians will engage in corrupt practices because what will be at the back of their mind is that “I will get amnesty after stealing. “Th at is unbelievable! What is happening to our country? Th is is the most outrageous bill I have ever heard. In that case, let’s go ahead and loot, loot and loot. We will get amnesty anyways. Is plea bargain provided by the section 270 of the Administration of Criminal Justice Act, 2015, not enough for the set of human who do not have the interest of the country at heart? “Th e bill will never see the light of the day unless it will be very and more than disastrous for nation.
