Socio-Economic Rights and Accountability Project, (SERAP)
has sent an open letter to Hon. Dogara Yakubu, Speaker, House of
Representatives, urging him to withdraw the bill to grant full amnesty to
suspected looters and allow them to keep their stash.
Under the proposed law, sponsored by Linus Okorie (PDP,
Ebonyi), suspected looters of the public treasury would enjoy full and complete
amnesty; not face any probe, inquiry or prosecution; and ‘shall not be
compelled to disclose the source of their looted funds’, as long as they invest
their ill-gotten wealth in Nigeria.
But SERAP in the letter signed by its executive director,
Adetokunbo Mumuni, said that the House of Representatives should allow justice
and accountability in grand corruption cases, and not impunity or immunity.
It noted that: “The amnesty bill for suspected looters
unquestionably conflicts with Nigeria’s obligations under the UN Convention
against Corruption to establish territorial criminal jurisdiction over corrupt
acts, prosecute alleged offenders, and apply prescribed sanctions through a
fair trial”.
“Rather than proposing amnesty for suspected looters of our
commonwealth, the House of Representatives under your leadership should be
promoting laws that would lead to the comprehensive and radical reform of the
criminal justice system to ensure that those accused of grand corruption are
not allowed to profit from their alleged crimes.
“The proposed bill is neither necessary to prevent
corruption nor end impunity of perpetrators, which has allowed corruption in
the country to become widespread and systemic. The bill is also
counterproductive, especially at a time Nigerians are witnessing a sprawling
gap in accountability for grand corruption, and high-ranking public officials
accused of corruption are getting away with reduced punishment, and allowed to
keep their ill-gotten wealth.”
“The House of Representatives constitutional role to ‘make
laws for the peace, order and good governance of the Federation’, also suggests
that the proposed amnesty bill for suspected looters is not properly within the
ambit of the House’s legislative powers.”
“The amnesty bill seeks to foreclose investigations of
high-profile corruption cases, and thus negates both Nigerians’ right to know
the truth about what happened to their commonwealth, and their right to justice
and accountability.”
“SERAP believes that amnesties or other impediments which
preclude or indicate unwillingness to provide prompt and fair prosecution and
punishment of perpetrators of grand corruption would violate the principle of
good faith under international law. The purpose of the principle is to ensure
that those who commit grand corruption are not granted immunity.”
“SERAP also believes that granting of amnesty to absolve suspected
perpetrators of grand corruption from accountability or prevent the full
recovery of ill-gotten wealth violates the right of victims of corruption to an
effective remedy. An effective remedy entails access to justice, reparation for
the harm suffered as a result of grand corruption, and access to the factual
information concerning allegations of corruption.”
“If ending impunity for grand corruption is to be considered
a fundamental national interest worthy of being furthered, it is crucial to
have a strong legal rule to prevent and combat corruption rather pursue bills
that would weaken the fight against corruption. The proposed bill would foster
a culture of impunity in which grand corruption becomes the norm, rather than
the exception.”
By Wale Odunsi
