By Ernest Osogbue

Some time ago, I wrote a piece titled "When Institutions Fail," which narrated my experiences with the Federal Road Safety Commission FRSC, following an incident on the Abuja airport road. While researching that story, I came across the topic of why institutions fail. I found It interesting studying why and how some global institutions failed, and so I became interested in looking at how the same issues take place in Nigeria.

We must understand, however, that there are many reasons why institutions fail across the world. It could be due to leadership failure, poor management, inadequate resources, policy failure, or a lack of legitimacy, etc. Institutional failure could also be due to external forces, such as an act of God, market forces, or a change in government. Corruption, environmental, and social factors could also impact the success of an institution.

By and large, it is difficult sometimes to pinpoint one particular reason for institutional failure because several factors could combine to crumble an institution. The failure of one institution could equally have a domino effect on other institutions and ultimately lead to their collapse. It is therefore important to note that for a system to be effective, institutions within the same framework must work in synergy rather than at cross purposes.

This brings us to the matter of why some national institutions have failed to deliver in our country. I wish to highlight three incidents that spurred me to put pen to paper.

A few months ago, on a group WhatsApp chat, I shaded a retired police officer friend that he should take vicarious responsibility for the failures of the police. He had retorted that he would never do so. In a follow-up telephone conversation, he narrated an incident that took place while he was a detective at the State Criminal Investigation Department SCID, Panti Street, Lagos, many years ago.

According to him, he was the lead detective in an investigation. As their probe was getting close to conclusion and the possibility of prosecution looming, the suspect had appealed to him to back off, with a bribe running into millions of Naira. He had rejected the offer, as he was determined to get to the bottom of the case.

After a few more unsuccessful attempts at this, my friend never heard from the suspect again. He was, however, summoned by his Officer-in-Charge a few days later, with instructions to come with the casefile. When he requested the casefile from his boss the next day, he was asked to focus on other cases and to forget about the casefile.

It then dawned on my friend that his boss may have accepted the bribe that he had rejected. According to him, that incident had a demoralizing effect on his approach to work from that day. He realized that despite his diligence and integrity, a superior officer could compromise, and there was nothing he could do. As a result, he became more tactful and adjusted his modus operandi.

Nigerians would also remember that in the twilight of his second term, President Mohammadu Buhari had suddenly granted pardon to two former governors who were convicted of graft during their tenures. Former governors Joshua Dariye of Plateau State and Jolly Nyame of Taraba State were the beneficiaries. While this incident may not be so out of place, as the president in Chapter 6, Part 1, Section 175 of the Nigerian Constitution, has powers to grant pardons and amnesty to whomsoever he pleases, it brings to question the psychological effect this may have on the officers and men who risk their lives to investigate cases and secure convictions.

While most people expect the president to use this power discreetly for political offenders rather than convicted criminals and treasury looters, the overall implication of the pardon on the officers and men of the Economic and Financial Crimes Commission EFCC, is far more damaging. It must be noted that for years, these officials undertook a diligent painstaking investigation of these former governors. They faced threats, were offered bribes, and must have encountered other challenges before building a case which resulted in the conviction of these high-profile felons, only for them to be thwarted by a stroke of the pen from Mr. President.

Some months ago, while speaking at the opening of the Sahad Hospitals Abuja, Vice President Kashim Shettima, had stunned the audience by openly admitting to obstructing the course of justice in favor of Sahad Stores, a sister company of Sahad Hospitals owned by his friend Alhaji Ibrahim Mijinyawa. Readers would recall that the Federal Competition and Consumer Protection Commission FCCPC had in February 2024 shut down Sahad Stores Abuja over an infringement of the rules governing its operations.

According to Vice President Shettima, “I called the head of the agency (FCCPC) and told him to reopen the store before coming to tell me what happened.” That is a direct quote of Shettima’s comments on Saturday 31st August 2024, when Sahad Hospitals was opened. He went on to extol the virtues of Alhaji Mijinyawa, whom he said could have kept his money to himself, but instead, opted to invest in businesses and create jobs.

Unknown to the Vice President, his action runs contrary to the duties of his office, which is to uphold the laws of the Federal Republic of Nigeria, and equally runs counter to the provisions of the Fifth Schedule, Part 1 of the Constitution; which states inter alia, that a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.

The vice president forgot his oath to protect and defend the Nigerian Constitution. He used his position to intimidate an agency from carrying out its constitutional duties, an illegality. Despite their billion dollar investments in America, Elon Musk, Jeff Bezos, and Mark Zuckerberg are constantly under legislative and law enforcement oversight, this is to ensure that they operate within the law. Creating jobs does not grant anyone the right to abuse procedures. After all, the businesses are for profit and not for charity.

The question arises, therefore, how can EFCC and police detectives function effectively when the possibility of executive interference looms large? Would regulatory agencies be able to sanction Sahad Stores, or Sahad Hospitals for that matter, for an infringement, while Shettima remains the Vice President? How do junior officers function effectively when the likelihood of compromise by their superiors is a clear and present reality? It becomes quite obvious, therefore, that interference from superiors is one of the major reasons for institutional failures in Nigeria.