Is EFCC Being Selective

Is EFCC Being Selective?

Ibrahim Balarabe

Public Affairs Unit EFCC

The ensuing argument making rounds around the country and even internationally that the Economic and Financial Crimes Commission (EFCC) is being used by the Nigerian government to hunt down those opposed to its policies and leadership, is indeed a topic that should be of interest to any body interested in the fight against economic and financial crimes in our beloved country Nigeria.

However, the Establishment Act of the Commission that mandated it to exercise its enforcement powers in fighting economic and financial crimes and all its ramifications, is quite clear on the responsibilities expected of it and also has specified what roles the EFCC can play in the legal battle against all types of corruption, emanating either within or outside the country. Therefore mere coincidences in arrests, in my view, should not be a yardstick for measuring whether the Commission’s pendulum is swinging towards the side of the government or the powers that be.

Naturally human beings are expected to perceive things differently as psychologists kept on reminding us that it is nearly impossible for a group of persons to give same meanings to a particular occurrence or incident. It is on this note that I would like to comment on the argument as stated above whether the Commission is deliberatively involved in cases against alleged corrupt top government officials both serving and retired who happened to be in the bad books of the serving government.

One may not be surprised based on what has been happening in celebrated cases treated by the EFCC around the country, to hear various comments whether rightly or wrongly attributing the apprehension and or prosecution of some prominent Nigerians (in their hay days) to either because they had a problem with the powers that be, or simply because they were found wanting in their duties assigned to them while serving the governments of their days. What I mean to say here is that cases like those of the former Lagos state military governor, Major General Mohammed Buba Marwa and that of the former police boss Mr. Tafa Balogun have been interpreted differently by different persons.

For example, a friend of mine thinks that the case against Marwa was politically motivated due to the fact that the man has come out to declare his intention in contesting for the apex position in the country. However another friend of mine belonging to a different school of thought gave a completely different interpretation, saying that the man was arrested simply because he was seen as fighting the Vice President in the local politics of their home state, which is Adamawa. What ever interpretation one wishes to lean towards, it is clear that a disagreement exists as to the actual reason of arrest.

The issue of the convicted Balogun is more interesting as the man himself attributed his predicament to his refusal to promote the Executive Chairman of the EFCC Malam Nuhu Ribadu while serving under him as a police officer. Another reason for his arrest making rounds is that he had problems with the government but whatever other reasons one might give, the law has taken its cause and it is now no secret that Mr. Balogun got himself into trouble after a misunderstanding between him and his right hand man who eventually wrote a damning petition against him.

Anybody who cares to find out the way the Commission works can easily get answers from the EFCC Establishment Act of the year 2004 which as already stated, is the backbone of the mandate saddled on the commission. It is therefore obvious from the content of the Act that if anybody commits a crime covered by it, he or she will certainly be liable to investigation, arrest, and even prosecution. As the slogan of EFCC says ` nobody is above the law.’

Let us bring out some of the related cases that probably warrant the accusations labeled against the commission that it is playing politics when it comes to pursuing cases brought to it, one of which is that involving General Mohammed Buba Marwa. It is interesting to note that the case of General Marwa is a case that had been under investigation for some time and it was only when it became necessary to invite him for questioning that his story came to lime light. It is therefore somewhat coincidental that he was arrested after he showed interest in running for the presidency hence the question of being taken in because of political affiliation may not arise.

Furthermore the case of Mr. Bode George the one time NPA Chairman was spearheaded by the Federal Executive Council which ordered for probe into the matter. EFCC just happened to be heading the probe team with its members drawn from office of the Secretary to the Federal Government, Ministry of Finance, Office of the Head of Service and the Budget Monitoring and Price Intelligence Unit popularly referred to as the Due Process. The probe was ordered after an earlier administrative panel found gross financial recklessness in the running of the Authority; in fact what was most worrisome to the government was the huge debt running into billions of Naira which was discovered.

The arrest of one time minister Alhaji Bashir Dalhatu can be referred to as another case which had stirred some waters amongst the exponents of the Commission and those who feel belated by its action. While those exponents feel that the Commission was only executing its duties as specified by its establishment act, the other group feels that it was nothing but a vendetta against the man simply because he happened to be an in law to late former Head of State General Sani Abacha. The truth of the matter however is that the issue of Dalhatu’s arrest emanated from a petition filed in by a foreign business partner who felt he was short changed.

It is rather sad and unfortunate that the Commission finds itself on the defensive line because some of the people arrested while in the line of its duties, happened to be Politicians and their supporters who turned things upside down to defend their friends or benefactors. The vogue these days is to take refuge in the `Third Term’ issue as the reason for arrest by EFCC. Nigerians should be weary of this cheap blackmail by people of doubtful integrity.

In the end our plea to members of the public and indeed all Nigerians and fans of the Commission is to assist it in making its work easier through objective criticisms and at the same time, render tangible advices by what ever means, print or electronic. The Commission assures that serious advises will be taken on their merits, it also appreciate the immense burden of expectations from those who believe that there is a need for an overhaul of our decadent society in order to sanitize the financial and economic environment in our country. However EFCC is only three years by April 12 and despite its rather very young age, you will agree with me that it had achieved tremendous successes both at home and abroad.