2023 Elections: How To Stop Corrupt Politicians From Seeking Political Offices – Lawyer

A legal practitioner has explained how Nigerians can stop politicians who have corruption cases in court from seeking elective positions.

Many Nigerians have expressed surprise at the political aspirations of some politicians who still have pending corruption or fraud charges against them in court.

But a legal practitioner has explained how such persons can be stopped from seeking political offices.

Politicians who have ongoing corruption charges against them and who had indicated interest in running for president include Rochas Okorocha, Orji Uzor Kalu and Bola Ahmed Tinubu.

The Economic and Financial Crimes Commission, (EFCC) had in January 31, 2022 filed a 17-count charge against former Governor of Imo State, Okorocha, accusing him of N2.9 billion misappropriation of public funds.

The anti graft agency also wants the Federal High Court sitting to order the transfer of the case with charge no: FHC/ABJ/CR/56/2007 between federal government and Kalu and two others to its Lagos division.

The EFCC expressed dissatisfaction with the court’s decision to stop the FG from retrying Senator Uzor Kalu, and his company, SLOK Nigeria, whose earlier N7.1 billion fraud conviction was quashed by the apex court.

Former Governor of Lagos state, Tinubu is reportedly seeking out-of-court settlement regarding an allegation that he owns Alpha Beta, a tax consulting firm for the Lagos State government, and for allegedly using it to move N20bn to private accounts, according to Punch reports.

But Michael Okejimi Esq. of Messrs. Micheal Okejimi and Co. Law Empire, who spoke in an interview with THE WHISTLER said that the reason why alleged corrupt politicians seek political offices in Nigeria is because the law allows them.

Section 36 (5) of the 1999 constitution says anyone charged with a criminal offense is presumed to be innocent until proven guilty,

He said, “And also, even Section 36(1), someone you’ve not heard, they’ve not heard the case , you can’t conclude that the person is corrupt; that is why it’s allegedly corrupt.

“And under the conditions that can disqualify anyone to vie for political offices even under the constitution, the various provisions dealing with each position, for instance, the Senate and for House of Reps is Section 66, the disqualifications are there.

“There is no any provision that says that when you have matters pending in court, you have charges pending in court against someone, then that person is disqualified from vying for political office.”

He said however that if someone has been convicted of any offense and is still serving that sentence, then such person cannot vie for political office.

“Also, if in the last ten years, you have been convicted of any offense relating to fraud or dishonesty, you will still be disqualified to vie for any political office. Meaning that after 10 years, you can still come back and vie for political office,” he said.

He explained that except the constitution is amended, to insert the provision that specifically states, “that if you have pending corrupt matters against you, then you will not be able to vie for political office.”

Okejimi explained that the two major ways to stop any politician in Nigeria facing corruption charges from seeking office is for the public to either compel the National Assembly to add that provision in the constitution amendment or unanimously agree not to vote such persons during election.

“So the only way Nigerians can react is either to put pressure on the National Assembly to amend the constitution to put that provisions there or to exercise their franchise that even if such person come out to be voted for, they don’t vote for that kind of people.

“If that provision is not there, there is no way to stop anyone that is charged with any offense from vying for political office.

“Also, there are judicial authorities of the Supreme court that a person can only be disqualified from vying for political office solely based on the conditions in the constitution,” he said.

On his part, Barrister J. Nwadike maintained that no one is corrupt until the court of law pronounces such person so.

“The position of the 1999 Constitution of the Federal Republic of Nigeria (as amended) is to the effect that an Accused Person is presumed innocent until the contrary is proved,” he said in his response to THE WHISTLER.