Despite the media uproar and vehement attempts to ridicule President Jonathan’s assertion that stealing of public funds should be proscribed as stealing and not corruption, it is important to note that such a stance is factual and supported by the laws of the Federal Republic of Nigeria which he swore to protect.
Below is a highlight of what the laws of the land attest to regarding this matter:
Stealing is defined and punishable under Chapter 34 sections 382-390 of the Criminal Code.
Chapter 35 defines offences “ANALOGOUS” to stealing sections 390-400
Chapter 36 defines stealing with violence in sections 401-409
Chapter 37, sections 410-417 deals with Burglary
Chapter 38, 418-426 deals with Obtaining money under false pretences
CORRUPTION AND ABUSE OF OFFICE on the other hand is dealt with under Chapter 12 sections 98-111
Specifically, Chapter 34 Section 390( 5) declares: If the offender is a person employed in the public service and the thing stolen is the property of the State, or came into the possession of the offender by virtue of his employment, he is liable to imprisonment for seven years.
Section 404 (1) any person who, being employed in the public service of Nigeria, or in that of any other Government, corruptly and under colour of his employment-
a) Demands or takes property from any person; or
b) Compels any person to sell any property at other than its fair market value; or
c) Obtains lodging from and against the will of any person without payment or for inadequate payment; or
d) Compels, whether partially or wholly for his own profit, any person to work without payment or for inadequate payment; is guilty of a felony, and is liable to imprisonment for five years.
These sections clearly define acts of stealing by Public Officers and imprisonment terms specific to them. Subsequently Chapter 12 sections 98-111 is specific to Corruption and Abuse of Office:
Chapter 12 section 98. (1) Any public official (as defined in section 98D) who-
a) corruptly asks for, receives or obtains any property or benefit of any kind for himself or any other person; or bribes, etc.,
b) corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account of-
i) anything already, done or omitted, or any favour or disfavour already shown to any person, by himself in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government department, public body or other organisation or institution in which he is serving as a public official,
or
(ii) anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by himself in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of the felony of official corruption and is liable to imprisonment for seven years.
There really should be no misunderstanding with this issue, public officials who steal should be labeled as thieves as they are no different from common thieves. It then becomes more of an image burden on such unscrupulous people rather than the toga of corruption which for me makes light of the act of stealing. We should call a spade a spade. Vote GEJ for continuity.
