MID-WEEK ESSAY BY MOBOLAJI E. ALUKO, PH.D.
A Bungled "Kuru-Gate" Move to Shunt EFCC's Nuhu Ribadu Aside Makes His Position Stronger

alukome@gmail.com
Burtonsville, MD, USA


January 3, 2008

 



INTRODUCTION

I have played Chess long enough in my life to understand that you must play BOTH your pieces with your hands AND your opponent's in your head well if you  wish to have any chance of winning.  It is this simple principle of not playing two games well at the same time that has now led to this "Kuru-Gate" in connection with EFCC's Nuhu Ribadu.

It appears that some people somewhere between the Presidency (including the Attorney-General's Office), the Nigerian Police and (possibly)  some ex-Governors'  forum have been working feverishly hard to solve the "Nuhu Ribadu @ EFCC" problem.  They got rather desperate with the year running out and more alleged fraudsters were hauled in in the dying hours of 2007, and were being lined up to be hauled in in the wee hours of the New Year 2008.  Unable to fire him with cause, the "conspirators" alighted on two options:

 - the legal option of stating that he had not been formally confirmed by the Senate, and was thus vulnerable;
 - the study leave course option of sending him off to Kuru and thereby loosening his grip on EFCC operations.

The legal option was not quite tenable:  Ribadu having been extended for four more years by the departing Obasanjo in April 2007, Yar'Adua either re-presented Ribadu - thereby indicating support for him, and hoping that the Senate REJECT him -  or else Yar'Adua would have to pull Ribadu's nomination altogether, which would be a unprecedented repudiation of Obasanjo appointment.  With this option, the possibility that a hot-headed Ribadu would voluntarily resign lurked teasingly in the wings.

The only other option, the study leave option,  proved to be a winner of sorts, hatched most likely by Attorney-General Aondokaa, sold (most probably) to SGF Baba Gana Kingibe and then to Yar'Adua himself, who then asked what Inspector-General Okiro thought about it, whereupon Okiro, eye-brows upturned, stated that "You are the Boss, Sir!  Your wishes are my command."

And that was quickly set in motion.

It was a miscalculation, for it started a firestorm. The problems here were two-fold:

  - the public.  Despite apprehensions and reservations about Ribadu's performance under the latter portion of Obasanjo's tenure - with suspicions and outright evidence of Ribadu acting as some kind of political hatchet-man -  it appears that the public was prepared to recognize the bad influence that Obasanjo must have been on Ribadu, and were ready to forgive, if not forget his excesses, on balance.  Vocal support by Soyinka, Fawehinmi, Falana, civil society organizations - and alleged interventions by the international community, whether real or imagined - did not hurt.

 - Ribadu himself. Uncharacteristically "missing" to the public, but probably pulling the political and media strings in the background, the concern was "Would he simply REFUSE to go to Kuru, rebelling against the NPF; or would he go to Kuru quietly, and what would that that mean to his EFCC directorship?" Or would he, as his detractors hope,  resign?


AND THE ANSWER IS....


The answer to all speculation of is now out (See Punch report in the Appendix, and Ribadu's carefully-crafted statement), after taking probably the best advice of an orchestra of activist lawyers in the country that his tenure is fully statutorily protected and that his presence at Kuru away from Abuja for known periods of time would not be a violation of anything.  Consequently:

    - Ribadu could go to Kuru quietly;
    - he would not have to resign his EFCC directorship;
    - he would let the law and the Public dictate how he could be both Student and Director at the same time, whether through long-distance or   week-end activity. 
 

After all, he has never, as EFCC Director,  been needed to manacle any "arrested" fraudster, and might simply announce a Deputy Director (Lamorde?)  to  take up his slack as he shuttles between Kuru and Abuja..

That is the DRAMA that will unfold in the coming days.

It would be fascinating to watch, who will announce "Checkmate!"

Happy New Year.  2008 promises to be very interesting.


 


 

APPENDIX

 

PUNCH

Friday, 4 Jan 2008

Ribadu accepts study leave

 

 

The Economic and Financial Crimes Commission Chairman, Mallam Nuhu Ribadu, on Thursday accepted to attend the nine – month course at the National Institute for Policy and Strategic Studies, Kuru, Plateau State.

The EFCC, in a statement by its Head of Media and Publicity, Mr. Osita Nwajah, said as a loyal citizen and public servant, Ribadu had no problems with the training.

The commission, however, said the debate generated by the recommendation of the Inspector-General of Police, Mr. Mike Okiro, to have the EFCC chairman undergo the training only opened a window of 'blackmail' for those against the agency's activities.

The statement titled No conflict over NIPSS reads, "In the past few days, the EFCC as well as its Executive Chairman have been the subject of intense media debate generated by the decision to send Ribadu on a course at the NIPSS.

The Commission has, however, refused to be drawn into the public debate.

"EFCC now wishes to clarify that it is the position of the Commission that government can send any public officer on training to enhance his or her performance and continued service to the nation. And, as a loyal citizen and public servant, the opinion of Ribadu is not any different from the expressed position of the commission.

"It is however worrying that the NIPSS debate has opened a window of blackmail and calumny for many of those who disagree with the commission.

"This group has routinely planted stories in the media, which they make-believe as being sponsored by the Executive Chairman, in an attempt at discrediting the authorities, especially Mr. President.

"The stories which have explored all sorts of high- wire politics scenarios and power tussle permutations are calculated at presenting the Executive Chairman as being in conflict with Mr. President and the leadership of the Nigeria Police Force. Nothing can be further from the truth.

"Further, the commission wishes to deal with the insinuation being peddled in certain quarters that President Musa Yar'Adua is interfering in the work of the commission.

"The commission hereby puts on record that the President has never interfered in the work of the EFCC and has supported the commission's resolve to bring to book, all who have committed any of the crimes identified in the EFCC Establishment Act (2004) and all other laws that the commission is mandated to enforce.

"The Executive Chairman, EFCC, wishes to seize this opportunity to assure Mr. President, the leadership of the NPF and indeed, all patriotic Nigerians, of his absolute loyalty and dedication to the service of our fatherland.

"It bears restating here that as a loyal public servant, Ribadu has no problem with the decision of Mr. President on the recommendation of the IG to send him on a self-improvement course at the NIPPS.

"Any story that suggests otherwise is only meant to cast him in the bad light of an unnecessary antagonist against government and the Police high command and should be discounted.

"The commission wishes to thank the general public for the tremendous support it has received in the discharge of its duties."

However, before the EFCC's statement, a coalition of civil societies in Nigeria on Thursday urged Yar'Adua to make a categorical statement on Ribadu's status.

The coalition argued that since Ribadu reports to the President and not the IG, Yar 'Adua was the only one empowered to clarify his status in the EFCC.

They also asked the President to defer Ribadu's nomination for the course till the completion of his national assignment at the anti-graft agency.

The civil societies spoke in Lagos during a press briefing on the ongoing controversy over Ribadu's study leave.

The President of the Coalition Against Corrupt Leaders, Mr. Debo Adeniran, read a statement on behalf of the group.

Some of the personalities present at the occasion included the President of the West African Bar Association, Mr. Femi Falana, the President of the Committee for Defence of Human Rights, Mr. Olasupo Ojo and the Executive Director, Socio-Economic Rights and Accountability Project, Mr. Adetokunbo Mumuni.

Others are the Ikorodu Branch Chairman of the Nigerian Bar Association, Mr. Nurudeen Ogbara and President of the Africa Open Society Justice Initiative, Dr. Chidi Odinkalu and the Executive Director of Action Aids, Mr. Otive Igbuzor and the Executive Director of Ajegunle Community Project, Alhaja Raliat Daranijo.

A former Lagos State Attorney-General and Commissioner for Justice, Prof. Yemi Osinbajo (SAN), was also in attendance.

Faulting the steps taken so far on Ribadu's tenure, the groups insisted that the directive on study leave was at variance with Section 2 (2) of the EFCC that made Ribadu's tenure a full time.

The section says, "The members of the Commission, other than the Chairman and the Secretary, shall be part- time members."

The coalition also said, "Is Ribadu being removed? Asking a tenured officer to proceed on study leave with immediate effect would sound like a poorly devised smokescreen to mask a removal, especially given the steps taken so far by the Attorney-General of the Federation in relation to the EFCC.

"The President needs to bring some clarity to this for the people of Nigeria, otherwise he leaves Nigerians with no other option than to read bad faith into the actions carried out thus far."

"Regardless of whether or not he is being removed, his absence from office is being forced. Is this legal?"

Commenting on why the President must exercise his power on the matter, the groups said, "The EFCC Act states that the Chairman of the Commission reports to the President (not the IG who would like to 'develop' him) and that the President can indeed remove him for inability to discharge the functions of his office or for misconduct or if the President is satisfied that it is not in the interest of the public that the chairman should continue in office.

"It is time the President, to whom Ribadu reports, told us unequivocally for which of these causes Ribadu is being removed or sent somewhere else for a whole year.

"Mr. President should reassure Nigerians that his government understands that allowing the incapacitation of the EFCC would be tantamount to shooting ourselves in the foot.

"He needs to reassure Nigerians that he will not allow the crippling of the country in this manner capable of demonstrating to the world at large that perhaps the improvements in Nigeria thus far are a sham."

The coalition further insisted that self improvement for Ribadu (through a course) could not be considered a higher order of priority than allowing the EFCC boss complete his renewed four year tenure.

According to the group, the wish of majority of Nigerians was that the continued stay of Ribadu in EFCC was more important than a course.

The groups also faulted the timing of the course, saying that, "The timing of these announcements, after the arrest of the former Delta State Governor, Mr. James Ibori, raises eyebrows and fuels the murmurs that perhaps the changes sought are politically – motivated and calculated to save one considered to be major financier of the Yar'Adua presidential campaign.

"Tampering with the tenure of the EFCC chairman in contravention of the provisions of the EFCC Act does not build but damages the institution."

The groups further said that the confusion being generated by the conflicting statements on anti-corruption stance of Yar 'Adua's administration seemed to betray both absence of coherent vision and effective plan of action.

The groups gave the underlisted reasons for the President to call the police authorities to order on the matter:

- They have flouted due process and legality in the process of trying to make the EFCC follow due process and legality. Is that not absurd? They are betraying other agencies besides that of ridding Nigeria of corruption. The rule of law rhetoric is now just that, rhetoric;

- Can you successfully change the EFCC and sustain the momentum it has built in the fight against corruption by removing its leadership and redeploying its key personnel at the same time? That surely flies in the face of conventional wisdom and the President would be well advised to ensure that it does not happen;

- The dominant voices that have spoken so far in the war are that of the AGF and now the IG. The authority of the President to lead in such pivotal matter should not be diminished by anyone and so, Mr. President, is hereby encouraged to answer the pertinent questions raised about the process and legality of his actions on this matter; and

- The steps taken so far are capable of leading Nigerians to question the objectivity of the administration on this matter."

Though the groups agreed that Ribadu was not indispensable, they insisted that his leadership qualities were crucial to the success of the commission.

On the study leave, the groups said, " As for the current saga of a forced study leave or a merger of EFCC with other anti-graft institutions without following due process or by resorting to illegalities, the persons concerned are hereby advised to take this statement as firm desire by Nigerians to ensure that the nation is not deprived of the benefits that have suggested that Ribadu's nomination for a course at the NIPSS be deferred till the completion of his national duty as Nigerians believe that so far, he has proven himself to be the man for the job at EFCC."