Fight Against Corruption And Free Speech

From onsetI seek to make my humble submission that free speech or what is generallyregarded in our clime as freedom of expression (Section 39 (1) of the Constitution of the Federal Republic of Nigeria of 1999 as amended) is a desideratum and a necessaryrequirement for waging successful battle against such social menace ascorruption.

President Muhammadu Buhari who would be one year this May 29th 2016 as a democratically elected and inaugurated President of Nigeria has made the fight against corruption as his administration’s centerpiece.

Let me state right away that although the President Muhammadu Buhari has a military background with an antecedent that is less than salutary in terms of respect for fundamental human rights of citizens, he is now more than ever obliged to become the number one respecter of the constitutional freedom of expression or free speech if his administration is to make any considerable mileage in the crusade against corruption and economic crimes.

This is in addition of him becoming a respected of the DUE PROCESS OF THE LAW. Speaking about corruption we will read what the international organisations have said about the menace and the threats it posed to the economic stability and growth of Nigeria.

The World Bank and other development partners such as the United Nations Office on Drugs and Crimes (UNODC ) have overthe last few years and weeks estimated that Nigeria has lost over $400 BillionUSD to corruption and economic brigandage associated with some governmentofficials in Nigeria. In the last one year the Nigerian National PetroleumCorporation is reported to have withheld tons of billions of dollars fromNigeria's statutory Federation Accounts.

A new analysis from the Natural ResourceGovernance Institute (NRGI), a United Kingdom-based natural resourcesaccountability group, has shown that under President Muhammadu Buhari, the Nigerian National PetroleumCorporation (NNPC) has continued to withhold billions of dollars in oil salerevenues from the treasury. Thereport, which is entitled “NNPC still holds blank check”, is a follow-up to a2015 report on the activities of the NNPCby the NGRI. Itnoted the corporation still holds on to oil revenues without effective rules oroversight.

It explained that despite President Buhari’s personal resolve to curb graft inNigeria’s oil industry, the corporation in the second half of 2015 made up to$6.3 billion from sales of export crude, domestic crude and oil from itssubsidiary the Nigerian PetroleumDevelopment Company (NPDC), out of which only $2.1 billion was entered inthe Federation Account.

Accordingto it, the NNPC retained 66 per centof sales proceeds from these three types of transactions. This it noted was 12per cent higher than what it retained between 2013 and 2014. These heartrending reports are made possible because the research agency operates from a European clime whereby the RIGHT TO FREEDOM OF SPEECH is sacrosanct. Theother day the Nigerian government was credited as stating that the nation as apolitical and corporate entity is broke or insolvent.

It is generally believedthat the inability of government officials to save the excess revenues thataccrued to Nigeria when crude oil sold far above the budget benchmark for many years accountedfor the adverse economic situation that confronts us especially with the rapidcollapse of the international selling price of crude oil in the internationalmarket.

Because Nigeria failed to saved and build a good enough sovereignwealth fund the nation can barely service it's basic obligations of payingmonthly salaries to both the Federal civil servants and their counterparts inthe 36 States of the Federation. With the possible exception of only a fewstates such as Lagos and Anambra, all other States are broke and so rely on financial lifelines from the Central Bank of Nigeria to pay salaries of theirworkers even when the status of their internally generated revenue profiles are shrouded in secrecy and non state actors aren't allowed access even with the FREEDOM OF INFORMATION ACT.

Sadly the political office holders of both the National and stategovernments have remained adamantly insensitive as to continue to embark ontheir merry- go- round foreign trips on first class tickets in the fraudulentguise of searching for the elusive foreign investors.

A former Governor of AbiaState Chief Orji Uzor Kalu has said that on the average, each travellinggovernor gets N35 million upfront as allowances for such frivolous trips. TheNational Bureau of Statistics recently churned out frightening statistics of aneconomy that has reached the precipice of recession just as the rate ofunemployment has reached the catastrophic pace.

Crime rate is high even ascorruption is said to be the master of all social crime in Nigeria given thatthis menace has led to the crippling effects in all facets of our national lifewith the health, educational, power and housing sectors in virtual state ofdysfunctionality and collapse. More Nigerians die from preventable diseasessuch as diarrhea and malaria than anywhere else in the World.

The state of ourhealth care system is deplorable even when compared to that of SouthAfrica. Foreign fund paid to Nigeria’s health ministry for treatment of HIV/AIDS patients have all been stolen forcing the donor agencies and the international community to react in a very unpleasant way. Thequestion is how do we combat these hydra -headed challenges that have combinedto cripple the giant called Nigeria and made us remained the laughing stock ofthe international community? As stated earlier, one way to ensure that theJustice system works and successfully undertake the dispensation of justice in the law-based crusade against corruption is by liberalizing the space for FREE SPEECH in Nigeria.

If you see something you must say something as a singsong in the anti graft sector makes no meaning if the necessary laws to safeguard the lives and maintained the secrecy of whistle blowers is not in place and even if the people are bold enough to publicly speak out there are institutionalised inhibitions that are formidably mounted against such people by the powerful forces that constitute the largest chunk of those who are politically exposed and have soiled their hands by stealing Nigeria blind.

In the last one year the enjoyment of RIGHT TO FREEDOM OF EXPRESSION has suffered abysmally with the Economic and Financial Crimes Commission and Department of State Service being unleashed on grand scale to go after dissenting voices some of whom are whistle blowers and credible critics. But Nigerians have also recorded pyrrhic victory in the crusade to institutionalise respect for FREEDOM OF SPEECH.

This is why it is commendable that theNigerian people and the Media being the fourth Estate of the Realm recognizedunder the Constitution in section 22 shouted to the roof tops in condemnationof the Frivolous legislation proposed by an otherwise serious minded lawyerfrom Kebbi State who is in the Senate for the first time but who has had stintsin the House of Representatives almost three times- Mr. Ibn Na’Allah. He had proposed for the outlawing of whistleblowers' job through his bill which he callously titled frivolous petitionsbill.

The Senate President Mr. BukolaSaraki the British born politician from Kwara State stood his ground withthe Nigerian people in rejecting this proposed legislation. Thisdecision of the Senate logically brings us to the same argument that the bestway to fight corruption to an end is by respecting the constitutional right tofreedom of expression or free speech as the Americans called it.

From ascholarly websites we learmt that among other cherished values, the FirstAmendment protects freedom of speech. The U.S. Supreme Court we were told often hasstruggled to determine what exactly constitutes protected speech. Nigerians will inevitably benefit from knowing all these salient attributes of the concept of free speech The followingare examples of speech, both direct (words) and symbolic (actions), that theCourt has decided are either entitled to First Amendment protections, or not.

The First Amendment states, in relevant part, that: “Congressshall make no law...abridging freedom of speech.” Freedomof speech includes the right: Not to speak (specifically, the right not to salute the flag). West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”). Tinker v. Des Moines, 393 U.S. 503 (1969). To use certain offensive words and phrases to convey political messages. Cohen v. California, 403 U.S. 15 (1971).

To contribute money (under certain circumstances) to political campaigns. Buckley v. Valeo, 424 U.S. 1 (1976). To advertise commercial products and professional services (with some restrictions). Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977). To engage in symbolic speech, (e.g., burning the flag in protest). Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990). The US COURTS ruled that free speech isn't the following: Righ to incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”). Schenck v. United States, 249 U.S. 47 (1919). To make or distribute obscene materials. Roth v. United States, 354 U.S. 476 (1957). To burn draft cards as an anti-war protest.

United States v. O’Brien, 391 U.S. 367 (1968). To permit students to print articles in a school newspaper over the objections of the school administration. Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988). Of students to make an obscene speech at a school-sponsored event. Bethel School District #43 v. Fraser, 478 U.S. 675 (1986). Of students to advocate illegal drug use at a school-sponsored event. Morse v. Frederick, __ U.S. __ (2007).

Let me conclude by advocating strongly for this government that advertises itself international as that which basically has resolved to fight corruption to a standstill also accept the constitutional imperative that freedom of expression is a desideratum to a successful crusade against corruption. Freedom of speech would enable Nigerians to more basically point out the loopholes and suggest strategies going forewarn with the war on corruption by the agencies set up under the law to battle this scourge.

It's only in an atmosphere devoid of harassment by EFCC and DSS of dissenting voices and leading non state actors that President Muhammadu Buhari can more meaningfully actualised his dream of bringing corruption to a halt in the remaining three years of his four year tenure.

*Emmanuel Onwubiko is Head of Human rights Writers association of Nigeria and blogs @www.huriwa.blogspot.com;www.emmanuelonwubiko.com.