Date: 2015-09-20

Retired Justice Mustapha Akanbi is a member of the bench in contempo­rary Nigeria who is never afraid to comment on policies of government, whether good or bad. Needless to say that one of the things that gives him the gut to take on any government without fear of harassment or intimidation is his reputation as an incorrupt­ible judge.

The octogenarian retired president of the Appeal Court, who marked his 83rd birthday on Friday, September 11, 2015 in his Ilorin home, bared his mind on some national issues. In this interview, he urged Presi­dent Muhammadu Buhari to put an eye on the judiciary, if he was determined to succeed in his anti-corruption war.

You are one year older today. How do you feel celebrating another birthday at 83?

I feel grateful to Almighty Al­lah for sparing my life. You know I just came back from the United Kingdom (UK) where I have been for over three months receiving medical treatment. That I am still alive today is a grace of God. I had to organize a thanksgiving service for Allah to continue to take care of me. I came back purposely because of the celebration of today. I feel happy that I have been able to achieve quite a lot since I came. As part of the celebration, we invited resource persons to come and talk about entrepreneurship.

Looking at the creme of the society that have been trooping in to celebrate this very important occasion with you, no one is left in doubt about your popularity. What actually have you done that endears you so much to your kinsmen?

I have been a grassroots person right from my childhood. When I was in school, most of my friends used to come to my house to eat and my mother would cook for all of us. Some of them even sleep in our house. Apart from that, l belong to so many clubs, Islamic bodies and trade unions. I was the Chief Convener of Allied Workers' Union, I was the first President of the Muslims Students' Union, I was the Secretary of Muslim League, I was Secretary of Ghana Boxers' Welfare Association, I was the Financial Secretary of Ward 11, Accra Central, Convention Peoples Party, a party founded by the late Kwame Nk­rumah. This is the way I grew up and I continued.

I have founded both primary and secondary schools here in Ilorin. I have established Mustapha Akanbi Foundation where we invite intellectuals to come and talk and train people on leadership. I established this centre which we call The Knowledge Platform in memory of my late wife. So, I have been the peoples' man. And that is what I intend doing for the rest of my life on this earth.

Your background provides a very veritable platform for you to be a successful politician, but you chose not to play politics. Why?

I told you I was the Financial Secretary of Ward 11, Accra Central, Convention Peoples Party. In fact, I have written a book for which I was invited to Ghana to give a lecture on him (Nkrumah) some years back. And the Ministry of Agriculture which represented the government said they learnt a lot from my lecture because they didn't know some of the things I said. When I came back to Nigeria, I was very lucky to be employed as an Executive Officer in the Northern Civil Service. Also, while I was in Ghana, I was an Executive Officer. So, I thought I could go into politics. But from my own background, I found it difficult to play politics. I am very cosmopolitan in outlook; I don't believe in ethnicity, tribalism and all other forms of discrimination.

In my chalet, there is a refugee from Ghana. He has been living with me for two years. I take care of him, I relate with him. When I came here and I found the discrimination that was going on, I realized that I couldn't fit into the system. Our people's love of money is not in tune with my background. The more money you have, the more you want to have. So, I realized quite early in life that I could not fit into the political setting in Nigeria. But human beings being political animals, I dabbled into it in the sense that I grant interviews, I comment on political issues, but I don't do partisan politics because I don't want to be subservient to any indi­vidual. I am a very disciplined man. I be­lieve that I have to respect the leadership, but I have to respect you for what you are and not because of your money.

I don't allow people to order me about. Even as a judge, my bosses used to say, "Mustapha, you don't come and visit us unless we ask you to come." I have never been to Babangida's house or Abacha’s house. Even when I was stagnated and was not promoted for years, I didn’t go to anybody's house to seek favour. Justice Uwais and I got to the Court of Appeal the same day. We were both classmates; we finished together. When I was in the service, sometimes I was even promoted before him.

When I went into private practice, he became a judge and eventually rose to become a Supreme Court Judge. When we were both at the Court of Appeal, it took him less than two years to get to the Supreme Court. It took me 15 years to become the President of the Court of Appeal to earn the salary of a Supreme Court Judge, but I never complained. I was always happy. I think more of what I could do and what I could set up. For instance, we have in this Knowledge Platform an Islamic library. People donated Quran and other Islamic books for the library. The ordinary English library is in Mustapha Akanbi Foundation. I try to influence people.

Even when I went for this medical treatment, a lot of people came to us thanking me for the help I had rendered to them including some with PhD. When I did all these, I couldn’t recollect. But they came and visited me with food and other things. Nigerian politics is such that people place too much value on money. May God help Buhari. If you want to contest election, you have to spend a lot of money. I can't play the kind of politics people play in Nigeria, but I do comment. I don't hesitate to say it, if I see anything wrong. And if they are doing well, I commend.

That is the way I influence the society, even though it may be one man pressure group. I have invited Prof Adeoye Lambo here to give a lecture at a time government could not bring him here. This is the reason why I am not in politics. When we were following Nkrumah all about, we were not getting a kobo. At that time, I was still a bachelor; so, we did not even fear death. Having been nurtured and brought up in that manner, when I came here, I couldn’t imagine myself being subservient to anybody not because he is a better person or he is an intellectual person. I respect you, if you have brain and you are an intellectual. I follow your leadership, but I cannot respect you for your money. I cannot follow every Tom, Dick and Harry.

Apart from your political tendency, what are those other memorable things in your formative years you could reflect on and wish you were still in Ghana?

I was born in Ghana on Sunday, Sep­tember 11, 1932. When I was about five, my father brought me down to Ilorin here where I started Arabic School. At that time, Ghana was more prosperous than Nigeria. So, when we came here, it looked like our parents were richer. Most of the houses in Ilorin then were roof thatched made mainly of grasses. So, there was al­ways fire every time. I started crying to my father that I could not stay here. So, my father took me back to Ghana in 1939 during the Second World War. There, I continued with my Arabic studies.

I went to one of the best schools in Ghana. You will be surprised that things I learnt in 1930s I still quote easily. We had good teachers who treated us as their own. My father was a strict disciplinarian. You must go to school and attend Arabic school. When I had a crisis in one Arabic school, my father continued to teach me Quran until the Mallam began to look for me. I lived in Kaolin in Ghana. Kaolin is a tough place where you had the good and the bad. There, I belonged to boxing club where I became the Secretary of Ghana Boxers' Welfare Association. An average Accra boy in Kaolin knows how to box.

So, you can box?

Yes! When I did my 82nd birthday, boxers came here to demonstrate their boxing talents. Talking of my formative years, I formed the character of my youth in Ghana. I came back to Nigeria when I was 27. Although I spend more years in Nigeria than Ghana, but everything I learnt in Ghana had assisted me to survive within this environment. I was able to keep my head. I know corruption was bad right from my early years. I see no reason why people should steal govern­ment money. In fact, it still shocks me that a governor can steal money and his son too. The same day both the father and the son were arrested. I used to ask my son: How would you feel, if I am in the dock for stealing money as your father? But it appears there is no shame. Ghanaians are contented with little things. I bought this house I am occupying with N40, 000 loan from the Federal Housing Authority with three percent interest. They were deduct­ing N250 from my salary. Before I retired, I was able to save N26, 000 to clear the balance. Sometimes, people come here saying that they expected to see me in a mighty mansion.

Where will I get money to build a big mansion? If you go to Ghana, it will be very difficult for you to see a mate of mine who will be able to build this kind of a house. I can only remember one of my classmates who was a deputy governor in Ghana and later an ambassador who can afford to own this kind of house in Ghana. One thing is that I don't compare myself with anybody here in Nigeria because I don't have classmates here. So, the character of my youth was really formed in Ghana. When I came here, I didn't allow other interests to change my perspective of life.

You just came back from the UK where you have gone to receive medical treatment. What makes it impossible for successive governments to put in place comprehensive medical system that could take care of health needs of every Nigerian regardless of social status?

Corruption, indiscipline and lack of commitment to the peoples' welfare are the reasons. These are serious issues. There are still a few men around who are incorruptible. But now that Buhari has come and people are being arrested, there is some level of fear in the minds of the people to get involved in corruption. During the last regime, the body language of former President Goodluck Jonathan did not show that the govern­ment was genuinely committed to the fight against corruption.

You cannot fight corruption where there is no political will from the government. You cannot fight corruption where the people themselves believe in corruption. When I was appointed Chairman of the ICPC, Alhaji Ore who was my PA thought I was earning N500,000 but I was only being paid N140,000. And during that period, I didn't live beyond that amount. I was not even touching my pension. If I wanted to give you money, it was from within that money. When properties were monetized, I bought them and I was able to sell my jeep and other properties to start this Mustapha Akanbi Foundation. After I had started it, I then launched it.

When I was asked to go and probe NAFCON in Port Harcourt, they were paying me N120, 000 which was more than the salary I was earning when I was in government. And since we were being fed, I never touched a kobo out of it. Every kobo I got, I gave it to Saka who is a chartered accountant in Ibadan to keep for me. When we finished, he gave me a cheque to cover the amount. Those are the monies I put together to start Musta­pha Akanbi Foundation.

Before I travelled for medical treatment, I was being taken care of by Dr Olanrewaju free of charge because of my closeness to his father. In fact, I intend to donate some money to his hospital so that they can buy some equipment. I have done that to the ENT section of the General Hospital. What makes it impossible for government to provide adequate health care delivery to the people is corruption and this attitude of stealing money that is supposed to be used for development. Many of these corrupt people go to Dubai to build house on water, whereas they go there once in a year. Some of them stash money outside the country. I don’t know whether it is true or not, I learnt that when I came back, a former minister stored money in a tank on a farm.

That minister was a student when I was doing a probe in 1986. Even when he was a minister, he used to kneel down in front of me because if I had ordered his arrest, he would not be where he is today. He had such a huge amount of money and he has not come to donate money to assist our foundation. I don't see the essence of amassing wealth. Some of the hospitals in UK were built by individuals who formed charity organisations. I told my children when I came back that I am going to do more charity. I was a good manager of money all through my civil service career. In fact, I had predicted that a time will come when Nigeria will not be able to pay salaries. Now, it has happened. I live my life in a way that I will not be taken by surprise. Most of my children went to boarding schools. But the last one had to go to public school St Anthony because I could not afford to pay his boarding fee.

You did mention that former Presi­dent Goodluck Jonathan didn’t show enough commitment to anti-corruption war. But some of your critics in their reply to an earlier interview where you expressed the same reservation have also said that though you were incorruptible, but your office didn't do better when you were the chairman of ICPC. How would you react to that?

They said so, but what the people don't realize is that my regime laid the foundation for anti-corruption war. Immediately we were appointed, we were taken to court. It took us almost two and a half years fighting whether it was constitutional or not for the Federal Government to pass a legislation on corruption. Chief Rotimi Williams and Prof Ben Nwabueze were the lawyers of those corrupt people. We had to go up to the Supreme Court to get judgment.

During that time, there was little we could do. Even when the Supreme Court decided, we could not do much. We had to beg Chief Afe Babalola to appear for us at no cost to the commission. We were in it until I made a statement attacking Chief Williams who reported me to Uwais. Uwais called me and I said, ‘don’t mind him.'

The Supreme Court had decided and yet they were making it difficult for us to operate. By the time we settled down, it was almost getting to four years. Even then, I challenge my critics who made that statement. At least, Adolphus Waba­ra was the president of the Senate when we arrested him.

SM Afolabi was a former governor, I arrested him. A Khadi was arrested, a female permanent secretary was arrested, Matilda, a judge of High Court in Plateau State, was arrested. I brought down Isa Yuguda of Bauchi State.These are high profile cases. I had left almost 10 years before the Supreme Court decided that the Court of Appeal was wrong in saying that there was no prima face case against Wabara. They should have rearrested him but nobody rearrested him.

We gave the names of quite a number of people who were supposed to be investigated and arrested but our successors did not believe in arresting people. When I was leaving, I wrote a full report about all the governors who were indicted. They have a duty to investigate those individuals. People talk of immunity. Immunity does not protect you from investigation; it only gives you protection against prosecution.

The reaction you saw was written by one PRO of ICPC who was brought there by my successor in office. As pioneers, we laid the foundation. If they built on it, they would have achieved a greater success. Even one of our staff, a lawyer, who was alleged to have taken bribe, was arrested. Let them tell me the people they have arrested so far. You see, it pays to be honest. People paid for both my medical trip and the hospital bill. If I was not the type that I am, it will not happen that way. I have no regrets or any apology for what I said about them. It is to spur them into action.

I have been to the House to defend our action. Obasanjo could have asked us not to arrest Afolabi because Afolabi was his schoolmate but he didn't and he never interfered. He knew that I didn't want to do the job. I have studied Nigerian environment, only God can help us fight corruption. Since I came back, I am more determined than ever to engage in charity.

The government is considering setting up a special court with some select incorruptible judges to fast tract the trial of corrupt public officers. What is your opinion on this initiative?

You are talking of having a special court; that court will be an inferior court of record unless they amend the constitution. You can go to court to challenge that court. How will they know who is corrupt and who is not corrupt? First of all, before you appoint a special judge, you will ask the CJ to give you names. If the CJ is corrupt, he may not believe in this anti-corruption fight.

What they need is what we are doing with election petitions. When you appoint special judges who will hear corruption cases, you will find out that not many people will buy the idea. We need a total change of orientation. Orientation of our people has to change. I am not from the planet; I am part of my community. But I will not do anything that will tarnish my image. My own father used to tell me, 'remember that the name Akanbi is not your name. So, don't spoil that name.' And I also tell my children up till now that Akanbi is my father's name please try and keep it.

In spite of your reputation as an incorruptible judge, were you at any point in the course of your career confronted with corrupt temptation from any quarter?

As you make your bed so you lie on it. If you leave your door ajar, people will enter. I didn't put myself in a position where anybody can influence me. Not even my bosses will call me and tell me to do this. I was not hungry for promotion or post. The day I was appointed the President of the Appeal Court, people were saying that Babangida will not give it to me be­cause I did not have a godfather. People tried to persuade me to go and see him or see Aliyu Gusau who was my neighbour in Ibadan. I am satisfied.

We are 11 in my family and I am number six and a judge. The fact that I am qualified as a lawyer with government scholarship, the fact that I was in the High Court and brought to the top at the Court of Appeal as a foundation member is enough for me. If for any reason, things have changed politically and I could not go beyond that, I have no regret.

If you have another opportunity to serve again as Chairman of ICPC, what would you like to do differently?

What I will like to do differently is to have a say in the appointment of those who will work with me. When Obasanjo asked me to suggest a name for my position as Chairman of ICPC, I recommended Ayoola as my successor. But I regretted it. You may consider a man to be good enough for a job, but what he does when he gets there is out of your control. That is the problem. In any case, I will never have opportunity to be there again. At 83, what am I going there to do again?

What is the way out of the dilemma the judiciary has found itself with allegations of corruption against some Judges?

Government should put its searchlight on the judiciary itself. Any judge who lives beyond his means, they should monitor him. Any judge who lives in the state-of-the-art house should be probed. I know of a judge whose house furniture materials were imported. They should call him to explain. If he cannot explain, they should sack him. If they find any evidence of criminality against him, they should prosecute him. That is the only way we can bring sanity to the system. Then, the court must be made to understand the underpinning philosophy of fighting corruption. When I was President of the Court of Appeal and there were many cases pending, I converted canteen to court and named it court 1. The Emir of Ilorin was sitting in the bigger court; I didn't want to upset him. Then, I listed out the pending cases and we were hearing them continuously. Governor Fashola mentioned it in a book he wrote about me.

My background is different from theirs.

What would you like to be remembered for?

I want to be remembered as a man who given any situation did his best. When I was doing a probe, I sat at the University of Nigeria, Nsukka, from morning till 4 am the following day. I only took a break to go and pray. When we were doing an interview for recruitment of staff, I sat till 4 am. And I hardly use govern­ment money to treat myself. If I had to go on conference and I pass through the UK, I go to one of the cheapest hospitals and by the time I spend 500 pounds, I am through. The medical trip I went, people paid for me; I could not afford it.

What are your greatest fears in life?

Fear is the parent of superstition. I only fear Allah and I respect human beings. I have no fear. Even at the moment, I was told the consequences of chemotherapy which they did for me, Doctors were amazed. Once you begin to fear, you can't do anything. If you have fear, you begin to have suspicion. I respect people and I try as much as possible to remain close to my creator as humanly as possible.

Death is inevitable; it will come when it will come. Between you and your wife, who did you wish to go first?

If a doctor told me that my wife will die before me, I will insult that doctor because she enjoyed good health. Maybe God kept everything away from us, we didn't know she had cancer. Even till she died, she remained cheerful. I was the only one the doctor confided in. She was given a hero's burial here. This place was where she was doing her poultry and fish farming. The money we used in building this place was donated by the people.

And I have called my children that this place will be a monument for char­ity, including the building I am living in. Nobody is going to inherit anything here. So, I thought my wife would outlive me. But God knows better. I think in retrospect, God has a purpose for taking her away. If I was the one who went away, I don't think it will be easy for them to do what we are doing now.