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Text of Buhari’s speech at the signing of executive order on confiscating corruption assets

By ElombahNews on July 6, 2018

REMARKS BY HIS EXCELLENCY, MUHAMMADU BUHARI, PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, ON THE OCASSION OF THE SIGNING OF EXECUTIVE ORDER No. 6 OF 2018 ON THE PRESERVATION OF ASSETS CONNECTED WITH SERIOUS CORRUPTION AND OTHER RELEVANT OFFENCES

I am delighted to welcome you all to this very important occasion which is another milestone in the fight against corruption- a project that is very crucial to the viability and continuous well-being of this country. Whilst there are many reasons why Nigeria has been struggling; regrettably, the most unfortunate cause of great disparity between Nigeria’s wealth and its poverty is endemic corruption.

2. There is also a very strong link between corruption, peace and security. Unfortunately, corruption is everywhere; at all levels of government, and every stratum of our society. Without doubt, corruption constitutes an unusual and extraordinary threat to the well-being, national security, and economy of Nigeria.

3. Mindful of this serious challenge, as you are all aware, before coming into government, this Administration specifically promised Nigerians that it will address the challenges facing our nation in the three areas of:
(a) Security, (b) Economy and (c) Corruption.

4. As a government, and in furtherance of our anti-corruption programme, we have since inception engaged in multi-sectoral reforms on anti-corruption including the enforcement of Treasury Single Account (TSA), strict implementation of the Bank Verification Number Policy, Signing of the Open Government Partnership, and a lot of efforts have gone into building and development of our anti-corruption institutions among others.

5. We have so far kept faith with our promise and shall remain committed thereto until Nigeria triumphs over the evil of corruption, attain a prosperous economic status and surmounts all her security challenges.

6. Like I have many times said, if Nigeria does not kill corruption, corruption will sooner-or later kill Nigeria. Therefore, after three years in office, it is an opportune time to further review our achievements against set goals, and where necessary; re-appraise our strategy in order to achieve our outstanding objectives.

7. As this real battle continues, we still need to strengthen our policies and institutions in order to successfully fight corruption. We recognise that there are more grounds to cover in the war against corruption, and we are prepared to go out to possess those lands by cutting off any means that facilitates corruption and supports its growth.

8. From available records, the aggregate value of funds involved in some on-going prosecution of high profile corruption related cases stands at N595,409,838,452.25k. This amount is in excess of the N500 billion approved for Social Investment Programme in the 2018 Budget, which sum would be applied to cater for home grown school feeding programme, government economic empowerment programme, N-Power Job Creation Programme, Conditional Cash Transfers, etc. Cumulatively, scores of millions of Nigerian citizens would benefit from those programmes.

9. To further put things in perspective, the highest appropriation in the 2018 Budget in the sum of N344 billion went to the Ministry of Works for construction and rehabilitation of several roads nationwide. These roads are:

a. Lagos-Shagamu-Ibadan Dual Carriageway;
b. Ilorin-Jebba-Mokwa Bokani Road;
c. Abuja-Abaji Road;
d. Kano –Maiduguri Road;
e. Enugu-P/Harcourt Dual Carriageway;
f. Odukpani-Itu-Ikot Ekpene Road;
g. Sokoto-Tambuwal-Jega-Kontangora- Makera Road;
h. Dualisation of Obajana to Benin;
i. Calabar-Ugep-Katsina-Ala Road;
j. Onitsha-Enugu Dual Carriageway;
k. Abuja-Kaduna-Zaria-Kano Dual Carriageway;
l. Benin-Ofosu-Ore-Ajebandele-Sagamu Expressway Phase III;
m. Kontagora-Bangi Road.

10. All the foregoing roads are expected to be either constructed or repaired with equivalent of about 57% of the monies recovered by some of the on-going high profile corruption related cases.

11. It has thus become necessary to re-kit and re-tool our arsenal to be able to effectively tackle corruption’s perilous counter-attack against the Nigerian State. Accordingly, the Federal Government of Nigeria has declared a national emergency to deal with that crisis. In this regard, the Federal Government of Nigeria in line with its anti-corruption strategy seeks to ensure that the ends of justice is not defeated or compromised by persons involved in a case or complaint of corruption.

12. It is in consequence of this that I have decided to issue the Executive Order No. 6 of 2018 to inter alia restrict dealings in suspicious assets subject to investigation or inquiry bordering on corruption in order to preserve such assets from dissipation, and to deprive alleged criminals of the proceeds of their illicit activities which can otherwise be employed to allure, pervert and/or intimidate the investigative and judicial processes or for acts of terrorism, financing of terrorism, kidnapping, sponsorship of ethnic or religious violence, economic sabotage and cases of economic and financial crimes, including acts contributing to the economic adversity of the Federal Republic of Nigeria and against the overall interest of justice and the welfare of the Nigerian State.

13. Happily, the fight against corruption is gaining more momentum among the African States. We just returned from the African Anti-Corruption Year event at Nouakchott, Mauritania where all African Heads of State were gathered to promote the anti-corruption message.

14. Nigeria and 39 other African States have ratified the African Union Convention on Preventing and Combating Corruption. I pledge to elevate the African Union anti-corruption agenda at the next session of the United Nations General Assembly in September.

. Therefore, in order to preserve Nigeria’s political and economic systems, and the continuous progress of the Nigerian State from the serious threat of corruption, I call on all stakeholders, and indeed every Nigerian to give effect to this Executive Order.

16. Agencies of the Federal Government in consultation with the Attorney General of the Federation should identify and adopt best practices, and develop strategies for action. The fight against corruption is one that must be fought by everyone wherever corruption rears its head.

17. I thank you all for your anticipated cooperation and may God bless the Federal Republic of Nigeria

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On Saturday, July 7, 2018, Mobolaji Aluko <alukome@gmail.com> wrote:

My People:

This Executive Order 6 signed below by President Muhammad Buhari three years into his administration is an admission that for corruption to be curbed in Nigeria – nay any country – the very suspected assets of the corruption ABOVE what is considered legitimate earning  must be restricted from the suspects, or else it is a never-ending battle.  Those very assets can be used – and are being used – to fight back,  to bring back corruption.

This is not a matter of guilty until proven innocent.  Unless a separate serious case is made of witness tampering or flight from justice, the liberty of the suspect should not  be restricted.  However, it violates a sense of justice to society when the proceeds of that rape of society is used to defend the suspect, particularly when the suspect is found guilty on the long run.  Of course, if not found guilty, the property should be swiftly returned – with interest wherever possible.

Let us be frank:. Total legitimate earning of cash or physical assets  ovet a period is easily determined.  It is the sum of inheritance, lottery winning, gift, salary and wages, payment for consulting service, and investment.  My reader should assist me if there are other sources.   God does not drop money or physical assets from the sky.  So if a public servant is found to have a billion naira in assets – or even N50 million –  or an employee of a private company,  or really any person for that matter living above visible income and there is any suspicion, he or she should be made to account for it against the six sources that I stated above.  Simple.  Until he can do so by a date certain, those assets are stored under key, and forfeited if unable to satifactorily do so before a Judge.

I will tell a personal story.  Recently I was asked on a Tuesday afternoon to declare my assets in Nigeria, and given a long form to fill and return to the issuing office as soon as possible, which form was required to be counter-signed by a Judge.  That is different, I asked, and I was told a Judge was required..  By the very  following morning, I had completed the form, and found my way to an Abuja High Court where apparently some three Judges are assigned to such attestations.  After waiting for an hour, I was ushered into the cavernous chamber, of the next available free Judge and at first the stern-looking Judge took the paper, looked at the name, my last  occupation, my face, thumbed through the document, looked at me again, and said “You were a VC?” I said Yes. “In Otuoke, the former President’s hometown?” Yes.  “And this is all you have…so many None..None..None..written  all over here?”. I said “Yes sir, . I only worked for five years here Sir, I came from the Diaspora.  I did not stay enough to acquire much.”.  “Ha, five whole years?  There are VCs who come here and attach several pages to the form to complete it!” The Judge told me.. Looking at his lady  secretary and another male visitor in his office then and shaking his head, he then proceeded to introduce himself, as being from Ekiti State, that he knew my father, and he was happy about the form before him, etc etc.  I stayed another hour in the Judge’s chamber, regaling and being regaled about corruption in Nigeria, and after exchanging phone numbers, I had to remind him to sign my paper please before I left to submit it to the issuing office  – where I was subjected to another query as to whether that was what I really had, to which I answered again in the affirmative, that they are free to check things out.

Of course, there was no proof that I had submitted all the pertinent information – which I had by the way, all my bank account numbers and BVN etc.  – but it appears that there is so much impunity in Nigeria that information is often clearly available about excessive asset accumulation.  It is just that there is the  idea that some of the illegslly acquired assets will be used to hire lawyers, and bribe  investigating offucers and prosecutors and court registrars and judges anyway, and then use the rest to live high the rest of their natural lives.

This presidential  Executive Order should minimize that ploy, and one hopes that it is not deployed in a heavy-handed manner.   However, it should be noted that Prosecutors still have to identify the suspects, and  Judges will still have a role to play in determining whether some earnings are legitimately made or not – and those are still subject to corrupt  practices.  This is where Cuvil Society Organizations should be engaged to ensure that justice is being done throughout.

Finally, confiscated assets should be disposed of rapidly to the benefit of Society, so that they are not re-looted, either by the Executive or the Legislature.  Again, this is where the greatest amount of transparency is needed.  This is where the cash transfer initiative being deployed with respect to the Abaca loot is to be commended.

https://www.google.com/amp/s/www.vanguardngr.com/2018/06/322m-abacha-loot-cash-transfers-302000-poor-homes-begin-july/amp/

This is July, and I hope that the program has truly started.

And there you have it.

Bolaji Aluko