When public officials in Nigeria and their highly placed private sector counterparts are caught dipping their hands in the proverbial cookie jar, escaping prosecution or at the very least delaying it for as long as possible oftentimes becomes dependent on exhibiting health conditions that ‘make them incapable of standing trial’. This would also often start with them slumping or fainting at some point during the trial.
For some, the rest of the trial is best attended on either wheelchair, crutches, or walking gingerly as they are assisted by multiple aides. Some would also suddenly prefer to be brought to court in an ambulance instead of the black, tinted SUVs that hitherto ferried them around town.
While there could be those with genuine health conditions that incapacitate them at the point of trial, the trend now appears to be a norm, one that also has an objective of gaining public sympathy, yet found to be hilarious and a source of banter on social media.
Most times, the desired effect would be achieved – stall a prosecution. The ill-health – real or fictitious – is almost always used in seeking bail during prosecution, at times, with requests to even travel abroad ‘for treatment’.
From the police to army, to the long list of politicians, and even some private sector leaders, attempting to use health grounds to evade justice after being alleged to have stolen in one way or the other appears to be a trend that could put justice on a permanent backfoot.
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“First and foremost, it is not any (valid) health grounds,” said Auwal Ibrahim Musa, executive director, Civil Society Legislative Advocacy Centre (CISLAC) in a phone interview.
“It is actually part of the institutionalisation of the culture of corruption, dishonesty, impunity and total lack of remorse over crimes committed,” Musa said.
The list of those who developed health conditions at the point of prosecution starts with Tafa Balogun, a former Inspector General of Police, who fainted in court while standing trial for corruption. A Human Rights Watch Report noted he had been charged with embezzlement, bribe-taking, and laundering more than $98 million. In a plea bargain agreement later, Balogun pleaded guilty to failing to declare his assets. The court sentenced him to six months in prison and ordered his assets seized.
In September 2009, Cecilia Ibru, former CEO of the now-defunct Oceanic Bank plc, collapsed in the dock while the charges against her were being read. Her collapse, however, could only delay proceedings for a few minutes while she was attended to by her doctor. In 2010, she was sentenced by a Federal High Court sitting in Lagos to 18 months imprisonment on a three-count charge of negligence, reckless grant of credit facilities running into billions of dollars and mismanagement of depositors’ funds. She was also to forfeit assets to the value of N191 billion.
The health cards by Ibru, however, did not end at trial. The court, after sentencing the convict, said, “She should be returned to Redington Hospital, Victoria Island, Lagos, from where she was brought to court to continue with her treatment until she is fit to return to prison.” How long she stayed at the hospital instead of the prison could not be determined at the time of this report.
In January 2016, Haliru Mohammed Bello, a former national chairman of the People’s Democratic Party (PDP), appeared before a Federal High Court in Abuja on N300 million corruption charges, which was part of several similar cases emanating from alleged illicit funding of the 2015 election through Sambo Dasuki, a former National Security Adviser, who has also been on trial.
That same year, Patrick Akpobolokemi, who was director-general of the Nigerian Maritime Administration and Safety Agency (NIMASA), suddenly appeared before a Federal High Court in crutches when he was to be prosecuted on alleged N2.6 billion fraud. Two years later in 2018, an appeal court discharged and acquitted him, but another case remained pending on alleged N8.5 billion fraud.
Femi Fani-Kayode, a former aviation minister, reportedly slumped while in EFCC detention in 2016, and although not in detention, he has remained on trial for N4.9 billion allegedly obtained via Sambo Dasuki, the former NSA.
In January 2017, Ada Ugo-Ngali, as managing director of Ontario Oil and Gas Limited, fainted at the Lagos High Court in Ikeja after being convicted of a N754 million oil subsidy scam by the court. She was reported to have slumped as the judge was about to pronounce the sentence. She was later sentenced to a jail term of 10 years and ordered to refund N754 million to the Federal Government. Her conviction was, however, quashed by an appeal court ruling in February 2018, following her appeal to be discharged on the ground that she cannot be sentenced in the absence of her co-accused.
In May 2018, Olisa Metuh, a former spokesperson of the PDP, collapsed when he arrived a court session during his trial for alleged N400 million fraud and transacting $2 million cash without going through a financial institution in violation of money laundering laws. He had also been reported to appear on stretchers a number of times before the collapse.
While he was later sentenced to prison for seven years, an appeal court last week overturned his conviction and ordered a fresh trial.
Rita Ofili-Ajumogobia, a former judge, slumped in court in December 2018 shortly before the commencement of her trial by the EFCC for allegedly receiving $793,800 in several tranches from different sources between 2012 and 2015, as well as N5 million bribes to influence a case. In May 2019, a Federal High Court sitting in Lagos was told she was on admission at a Lagos hospital and could not stand trial.
Dino Melaye, a former senator, after refusing to honour a police invitation for about eight days over an investigation into certain assassination attempt claims, slumped in January 2019 as police officers were taking him.
On arrival at the police headquarters, he was reported to appear weak and unable to walk by himself. He was also said to be asthmatic and some shots were administered on him via an inhaler put in his mouth.
In November 2019, the judge fined the government N100,000 for stalling the former lawmaker’s trial, which still has not been reported conclusive.
Hakeem Otiki, a major general who was General Officer Commanding 8 Division Nigerian Army, appeared in uniform on a wheelchair during his trial in the General Court Martial (GCM) over charges of stealing between N400 million and N600 million meant for military operations. In June this year (2020), he was found guilty and was to be dismissed from service “with disgrace and dishonour”.
In July, Daniel Keme Pondei, then acting managing director of the Interim Management Committee of the Niger Delta Development Commission (NDDC), fainted during a public hearing by the House of Representatives Committee probing allegations of financial recklessness in the commission.
His dramatic collapse, which was captured on live TV, occurred when he was being asked to explain why the commission under his leadership made huge payments to companies without appropriation. Nothing has been heard of his case since then.
Abdulrasheed Maina, former chairman of the Pension Reform Task Team (PRTT), collapsed in court this month after twice escaping from Nigeria after being granted bail.
“It is important we realise that corrupt or alleged corrupt people will always undermine justice and because of the judicial corruption (itself), and the inability of the judiciary to properly investigate and interrogate the condition which the accused is pretending or presenting, this continues to give room to the laughable action,” said Musa, who is also head of Transparency International, Nigeria.
Rather than show remorse and stand trial with a view to paying penance, top shots facing trials would rather find an easy, perhaps inglorious way out – slump and count on those they have cheated to still lift them up out of sympathy and solidarity.
