WALE ELEGBEDE writes on the recurring claims of ill-health by some expublic office holders in the face of probe by the anti-graft agencies

http://newtelegraphonline.com/playing-the-sick-game/

No doubt, the concept of corruption in Nigeria is a household name in all spheres of endeavour. Since independence, corruption has remained a recurring clog in the wheel of good governance in Africa’s most populous country. While successive governments in the country battled to kick out the malaise or at most move to tame it, the major actors in the nefarious act are still devising new means of cutting their venture.
After the March 28 presidential election that produced President Muhammadu Buhari as winner, hope began to rise that the days of corruption in the country are already numbered. However, six months down the lane of the new government, the various anti-corruption agencies in the country had only succeeded in increasing their activity log by adding some few names to their list of arrests without any concise progress.
For the anti-graft agencies, move to prosecute and get conviction against corrupt ‘big fish’ has been a daunting task. If they are not falling flat in the face of superior legal technicalities from ‘revered’ Senior Advocates of Nigeria employed by the accused, their cases are thrown away by the court for lack of diligent prosecution.
When the cancer-stricken pictures of former Petroleum Resources Minister, Mrs. Diezani Alison-Madueke, surfaced online, there were divided opinions among Nigerians on the image. While many described the images as sympathy stunt aimed at whipping up sentiment for the embattled former minister against being prosecuted, others opined that the new look of the former Petroleum minister is humanly saddening. Interestingly, Alison-Madueke latest episode is not the first of such ‘too sick to be prosecuted’ tales in the country where over $1.5 trillion of public fund has been lost to corruption.
For those in the category of playing the sick card, their stories provided more than amusement, raising curiosities and posing questions in the minds of Nigerians. For many, these former leaders, who have corruption cases hanging over their necks but claims to be down with one ailment or the other, most often did not exhibit any sign of sickness while on office.
A compilation of ex-leaders, both in the public and private sector, who hanged the call to accountability while in office to their health status, indicates that the orchestrated reports and lately, pictures, about their ‘grave’ ill health, has made their prosecution either hanging, lenient or in some other ways, totally forgotten, no thanks to the usual ‘life goes on’ cliché.
The spectacle in Nigeria calls to mind the interesting trial of former Egyptian President, Hosni Mubarak, who was tried for corruption-related cases despite his state of health on August 3, 2011. In a state-wide televised trial, Mubarak was taken into the court on a hospital bed and held in a cage for the session with his medical staff around him.
Today, his trial has been concluded and he is presently serving out his term in a military hospital in Cairo, the state capital. Also in China, Xu Caihou, a retired army general in the People’s Liberation Army and a former vice chairman of the powerful Central Military Commission, was taken from a hospital sickbed by dozens of police officers and his medical team to answer corruption charges. If anything, the quick change of status from comfortable gold water bed to harrowing sick bed, is some kind of irony that many Nigerians couldn’t fathom.
Cecilia Ibru
Like a pack of card, the clout and influence of the former Managing Director and Chief Executive Officer of Oceanic Bank Plc., Mrs Cecilia Ibru, came crashing after a Federal High Court in Lagos presided over by Justice Dan Abutu, sentenced her on October 8, 2010 for 18 months, which was to run concurrently for six months.
Ibru, who was regarded as one of the most powerful women in Nigeria until August 2009, was prosecuted alongside three other senior executives in her bank for N160.7 billion fraud. The court also ordered that Ibru should forfeit assets worth N191 billion comprising 94 choice properties across the world and choice bank and company shares.
Reported to have collapsed in the dock when the charges against her were read, the former bank chief spent the better part of her jail sentence living at a highbrow private hospital in Victoria Island, Lagos, as opposed to Ikoyi Prisons where she was supposed to be serving her term. Ibru was said to be admitted to the hospital for the treatment of chronic congestive heart failure, and was treated like a queen with comfort, escaping the nasty four walls of prison.
Chimaroke Nnamani
For former governor of Enugu State, Dr. Chimaroke Nnamani, the battle to obtain his international passport which was seized by the Economic and Financial Crimes Commission (EFCC) where he was standing trial alongside seven others on a 105-count charge bordering on laundering N5 billion while he was governor between 1999 and 2007, was as tensed as the legal fireworks over the subsisting corruption charges against him.
At one of the hearings for the application seeking leave of the court to travel overseas for medical treatment, the EFCC counsel, Kevin Uzozie, said the application was a ploy to delay prosecution, stating that Nnamani had not in any way shown that the illness could not be treated in Nigeria.
According to Uzozie, when the previous leave was granted in 2008 and 2012, Nnamani lingered in the United States beyond the stipulated period, adding that it took the assistance of the America security agencies to facilitate the repatriation of the ex-governor.
A Federal High Court in Lagos eventually granted his request in 2014. After eight years of what seems like an endless trial, Nnamani was eventually convicted on July 7 by the court with his properties located across the five states in the South-East, his four companies and other properties forfeited to the Federal Government.
Kingsley Kuku
For the embattled former presidential adviser on Niger Delta Amnesty, Mr. Kingsley Kuku, the invitation of the EFCC for him to answer charges over allegation of embezzlement and fraudulent diversion of funds running into hundreds of millions of Naira, came at a time he is receiving medical treatment abroad.
Aside releasing pictures of his knee operation in the United States to back up his claims, Kuku also approached an Abuja High Court to shield him from security agencies and anti-corruption bodies from arresting or probing him over alleged fraud. Interestingly, Justice Valentine Ashi granted the application.
In a letter by Kuku’s lawyers to the EFCC, their client is currently in the United States to keep appointment with his doctors at the Andrew Sports, Medicine and Orthopaedic Centre LLC for surgery on one of his knees and he will be back in Nigeria at the end of September 2015 after the surgery and recuperation.
Nearly two months after the supposed dates of return, Kuku is still nowhere to be found. However, many Nigerians were amused that the same former chairman of the Presidential Amnesty Programme, was strong and eloquent enough to grant an extensive interview to select Nigerian journalists in far Atlanta, United States. Clearly, the Kuku’s case might be another waiting game in the making.
Sambo Dasuki
Fingered in the $2.9 billion arms deal, former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), sure has a lot to chew despite obtaining a court ruling that he should be allowed to travel abroad for medical attention. For the umpteenth time, a Federal High Court sitting in Abuja ordered the Department of State Services (DSS), to vacate the residence of the embattled former NSA, who President Buhari ordered his arrest after receiving an interim report of the panel set up on August 31 to probe arms procurement between 2007 and 2015, which allegedly indicted him and others. It is only left to be seen whether issues of his health will take priority as against the presidential order and the continued siege on his residence by the operatives of the DSS.
Tafa Balogun
If anyone could aptly explain in context the notion that the law is like a two-edged sword, former Inspector-General of Police, Mr. Tafa Balogun, perfectly fit the personality. He was made to face the wrath of the law that he had been prosecuting others with. In 2005, the former police IG was arraigned by the EFCC at the Federal High Court, Abuja, on charges involving about N13 billion obtained through money laundering, theft and other sources.
He made a plea bargain with the court in exchange for returning much of the property and money. He was sentenced to six months in jail. He was released onFebruary 9, 2006 after serving sentence, part of it in Abuja National Hospital after being admitted for medical treatment.
Clearly, other examples like Dr. Wale Babalakin (SAN), former governor of Edo State, Lucky Igbinedion, among others abound, many Nigerians believe that claiming ill health after mismanaging the nation’s wealth, has become a pastime for ex-leaders in the country. However, the recent ruling of Justice Ademola Adeniyi of the Federal High Court, Abuja, where he said, “Court order must be obeyed.
What is wrong in the defendant travelling and coming back to face trial? Only a fit person can stand for trial and investigation,” may be the caveat being explored by the former leaders to stretch unnecessarily their prosecution. Speaking to New Telegraph on the issue, a professor of law and former Dean of the Faculty of Law, University of Benin, Itse Sagay (SAN), said if the culture of the court to grant leave to sick persons undergoing trial is being abused, then such persons should be extradited from where they are for proper examination. He said: “It’s part of the legal culture that when a person is sick and the person has a case to answer, the court will normally give the person a chance to deals with the illness while the case is pending.
“If it is being abused, it is to ask for the extradition of such persons and let them now come out from where they are and they would be examined by selected medical desk.” Head or tail, with the mindblowing cases of corruption hanging around some former leaders in the country, it is expected that the anti-graft agencies would devise a means of ensuring that the orchestrated leeway to escape or prolong justice by the accused is put in place. Also, an upgrade and compulsion in the usage of the nation’s health facilities should be the way to go.

http://newtelegraphonline.com/playing-the-sick-game/