Since the Buhari administration has undertaken to save funds for the overall development of the country by fighting corruption and stopping leakages in the system the prosecution of certain corruption cases by the government ought to be reviewed as corruption is fighting back in a ferocious manner.
The duty of the State to abolish corruption
According to section 15 (5) of the Constitution, the State is obligated to "abolish all corrupt practices and abuse of power". To that extent, the anti-corruption policy of the Buhari administration is justified by the Constitution. However, the administration believes that corruption is the root cause of the country's socio-economic malaise. Hence, the President has cautioned that "if we don’t kill corruption, corruption will kill us." While it cannot be disputed that corruption has stultified growth and development of the nation it should be pointed out that it is a manifestation of the predatory and dependent capitalist state run by the parasitic ruling class.
The menace of corruption is compounded by the impunity of the ruling class in a neo-colonial state like Nigeria whereas it is controlled by an effective criminal justice system under the rule of rule of law which operates in western countries. To wage a meaningful battle against corruption the economy has to be freed from the tiny grip of imperialism and its local lackeys and managed in such manner as to secure the maximum welfare, security and happiness of every citizen. To achieve that objective the government has to harness the enormous resources of the country and redistribute them to serve the common good.
Furthermore, the culture of impunity has to be replaced by the rule of law. Given the lack of political will on the part of the ruling to end impunity the Nigerian people have a critical role to play in the fight against corruption and abuse of power.
Expectedly, the policy of the Mohammadu Buhari Administration to fight corruption and end impunity is under serious attack by powerful vested interests. The Peoples Democratic Party (PDP) has alleged the persecution of its members who have been dragged to court for diverting huge public funds. While not denying the involvement of the accused persons in corrupt practices the PDP has accused the administration of selective prosecution for not charging the corrupt members of the ruling All Progressive Congress (APC) to court. The Senate president, Dr. Bukola Saraki, a leading member of the APC, has alleged that his trial before the Code of Conduct Tribunal for false declaration of assets is politically motivated.
The National Council for Peace has pleaded with President Buhari to respect the human rights of former ministers accused of corruption since President Goodluck Jonathan ensured a peaceful transfer of power. Some senior lawyers have obtained interim or perpetual injunctions from judges who have restrained the police and anti-graft agencies from arresting, investigating and prosecuting certain politically exposed persons alleged to have engaged in the criminal diversion of public funds. In spite of the abolition of stay of proceedings or suspension of criminal trials by the Administration of Criminal Justice Act 2015, senior lawyers and judges manning criminal courts have continued to subject corruption cases to frivolous preliminary objections.
However, while every indictable offence should be prosecuted, it should be pointed out that even in advanced liberal democracies the allegation of politically motivated prosecution is not uncommon. But in western countries anyone who is alleged to have breached what Professor Akin Oyebode calls the eleventh commandment of the bourgeoisie (i.e., thou shall not be caught) will be brought to book regardless of the political affiliation. If the case is dismissed, the person may sue the State to pay reparation if there is evidence of malicious prosecution.
Soliciting for corruption
Although the government is yet to define the scope and nature of its anti- corruption policy it is pertinent to join issues with the lawyers who are being used to hijack the battle and confuse the people. No doubt, the Nigerian Bar Association (NBA) has consistently condemned corruption in the bar and the bench. Thus, at the valedictory service held by the Supreme Court on February 17, 2012, in honour of the late Justice Anthony Aniagolu, the then NBA President, Mr. Daudu SAN pointed accusing fingers at some retired judicial officers and senior lawyers who were acting as bribe couriers between politicians and judges in election petition tribunals. To halt the dangerous trend, he announced that the NBA had set up an Anti-Corruption Commission to identify members of the legal profession involved in promoting corruption within the justice system. But neither the NBA anti-corruption commission nor the Disciplinary Committee currently headed by Mr. Daudu has been able to identify the corrupt members of the legal profession. Indeed, it is public knowledge that some senior lawyers have since been recruited to frustrate the prosecution of corrupt elements in the society.
During the induction ceremony for the 2014/2015 set of Senior Advocates of Nigeria the NBA President, Mr. Austin Aleghe SAN reiterated the resolve of the law society to fight corruption. On that occasion, the NBA leader expressed concern over the rampant allegations of sleaze in the judiciary. Convinced that the leadership of the bar was characteristically playing to the gallery, the Chief Justice of Nigeria, the Honourable Justice Mohammed Mahmud was compelled to challenge the NBA President to name the corrupt members of the bench. Up till now, the NBA has not plucked up the courage to take up the challenge due to the involvement of a number of senior lawyers in the menace.
At the opening ceremony of the 2015 Annual General Conference of the NBA at Abuja on August 23, 2015, President Mohammed Buhari urged Nigerian lawyers to see corruption as a gross violation of peoples’ rights, because pervasive corruption has continued to deny the people access to basic needs. In urging Nigerian lawyers and judges to back his administration’s fight against corruption and impunity, the President said that “ the ability to manipulate and frustrate the system is the crowning glory of the corrupt and, as may be expected, this has left many legal practitioners and law courts tainted in an ugly way.” (See Buhari to Lawyers: Join fight against crooks- The Nation, August 24, 2015). The appeal has since fallen on deaf ears as some senior lawyers are determined to frustrate the trial of corruption cases to the detriment of the society. This has been amply demonstrated in some of the cases pending at the trial courts and the appellate courts.
Immunity for corrupt public officers
In the last three months, several interim and interlocutory orders have been issued by the federal and state high courts which have prevented the anti-graft agencies from prosecuting certain highly placed individuals accused of involvement in corrupt practices and other economic and financial crimes. In fact, a judge in the Federal High Court has granted not less than 10 of such orders.


www.saharareporters.com/2015/11/10/corruption-fights-back-femi-falana

No matter how hard corruption fights back under this government elected by the people to destroy and eliminate corruption completely, the people's will always overcome just as we overcome the past corrupt clueless administration. Nigeria shall rise again just like the eaglet overcome the world on Sunday. God bless Nigeria !!!

Dullapo