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I wish to dedicate this week’s column to Rt. Honourable Kayode Oladele, chairman, House Committee on Financial Crimes, who I can best described as the ‘Lone Voice in the wilderness’ during the debate on the Bill for an Act to repeal the Miscalleneous Offences Act, Cap. M17, Laws of the Federation of Nigeria, 2004 and for other related matters, sponsored by Hon. Idris Ahmed Wase.
Oladele’s doggedness and his consistency in drawing the attention of the entire House to the import of scrapping the law which provides for punitive measures or call it stiffer punishments ranging from 10 years imprisonment to life imprisonment for anyone found culpable and guilty of any offences bothering on economic sabotage, forgery, corruption, destruction of infrastructure and public facilities, among others, drew my attention to the need to archive what played out in the Lower Hallowed Chamber on such a day like that: Thursday, 4th May, 2017.
Even Mr. Speaker Yakubu Dogara who presided over the session, though gave room for the Ogun lawmaker who expressed his views twice, however noted that the House is in order to get the bill repealed. The argument pushed by other lawmakers including: Hons. Leo Ogor (PDP-Delta), Ossai Nicholas Ossai (PDP-Delta), Bode Ayorinde (APC-Ondo), Simon Arabo (PDP-Kaduna), Sadiq Ibrahim (APC-Adamawa), Jide Jimoh (APC-Lagos), who described the Miscalleneous Offences Act as one of those obsolete laws which the Law Reform Committee worked on.
For the sake of Nigerians whom the federal lawmakers represent, it will be more profitable for them to look at how this particular Act in question will help boost the ongoing fight against corruption and Ease of Doing Business in the country rather than working towards whittling-down the powers of the anti-graft and security agencies.
For the sake of Nigerians whom the federal lawmakers represent, it will be more profitable for them to look at how this particular Act in question will help boost the ongoing fight against corruption and Ease of Doing Business in the country rather than working towards whittling-down the powers of the anti-graft and security agencies.
Scrutinising the provisions of the Miscalleneous Offences Act, I discovered that it addressed holistically issues relating to ‘Forging and uttering negotiable instruments’ such as cheque, promissory note or other negotiable instrument whether in Nigeria or elsewhere; as well as any false representation or with intent to defraud the Federal, State or Local Governments. Of course, anyone pronounced guilty of the offence shall be liable on conviction to imprisonment for a term not exceeding 21 years without the option of a fine.
It also comes with life imprisonment for anyone who willfully or maliciously sets fire to any public building, dwelling house, office or structure whatsoever, whether completed or not, occupied or not; or any vessel, ship, aircraft, railway track or wagon, or vehicle; or any mine or the working, fittings, or appliances of a mine.
For those involved in the one of the most thriving illicit business in the oil producing region of Nigeria and other parts, the Act takes care of all forms of ‘Unlawful destruction of highways, tampering with oil pipeline whether by indulging in breaking, damaging, disconnectiin or tampering with any pipe or pipeline for the transportation of crude oil or refined oil or gas; or
obstructs, damages, destroys or otherwise tampers or interferes with the free flow of any crude oil or refined petroleum product through any oil pipeline, shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life.
Similar crimes such as importing or exporting of mineral or mineral ore as well as unlawfully disconnection, removal, damaging, tampering, meddling with or in any way whatsoever interferes with any plant, works, cables, wire or assembly of wires designed or used for transforming or converting electricity under the Act attract life imprisonment. In the same vein, those involved in unlawful exportation of commodity.
Selling prohibited goods, cheating at examination; offence by body corporate, evidence of accomplices; adulteration of petroleum product, food, drink, drug, medical preparation or any manufactured or processed product whatsoever so as to affect or change materially the quality, substance, nature or efficacy of such petroleum, petroleum product, food, drink, drug, medical preparation or manufactured or processed product, intending to sell same as petroleum, petroleum product, food, drink, drug, medical preparation or manufactured or processed product, as the case may be, without notice to the purchaser were taken care by the Act.
On this note and for the sake of the generations unborn, our lawmakers need to have a rethink on their hard stance to ensure that they live worthy legacy under this democratic dispensation.
