AN OPEN LETTER TO PRESIDENT UMARU MUSA YAR’ADUA ON THE URGENT NEED TO REFORM EFCC

By

D. O. Onuoha

 Our Dear President

We join other Nigerians in supporting and commending the president in his avowed commitment to comply with court orders and uphold the Rule of Law after eight years of relative civilian dictatorship.

In particular we commend the Federal Government’s recent reaffirmation of its commitment to follow due process in the administration of justice in our country’s law enforcement agencies as regards the administration of justice have been a source of concern. This was because there was almost a system collapse in that sector.

In most case, constitutionally stipulated time lines and guaranteed liberties, especially under section 35 and 36 of the 1999 constitution were flouted or abused.

In the few years of its establishment no law enforcement agency has established notoriety for such flagrant abuse of due process like the EFCC. While we support the establishment of the EFCC to flight corruption, it has unfortunately fallen into the cesspool of corruption itself and this is why we support the rent call by one of the patriots of this country, Festus Keyamo on Mr. President to investigate the commission. The issues raised by Mr. Keyamo in his letter to Mr. president such as the need for the EFCC  to give full account of all EXHIBIT monies and properties recovered from individuals and corporate organizations are quite pertinent and compelling and should no be swept under the carpet. We need to know how EFCC has been managing itself. Has it lived by the standards it is superintending over us?

Apart from falling into the cesspool of corruption itself, the political temperament under which the EFCC operated in the last few years which gave rise to its style or method of operation has eroded public confidence in the capacity of the commission to dispassionately and effectively fight corruption.

For example, Nigerians are yet to come to term with the brazen manner the EFCC went about aiding the impeachment of duly elected State Governors or disqualifying politicians from contesting public offices in the last general elections by merely writing INDICTED against their names without proven cases against them in any court of law. Also it has not been clear to Nigerians the standard EFCC has been applying in its choice of those economic crimes or corrupt practices to investigate and those not to investigate or who to investigate and who not to investigate.

We still find it amazing how an anti-corruption agency like the EFCC has not been able to conclude its investigation on Nigeria Ports Authority (NPA) and prosecute the culprits or even the alleged massive corruption in the oil sector and NNPC in particular (from the sale of oil blocks to alleged illegal withdrawals from the corporation’s accounts to unaccounted sales of crude oil) the EFCC never turned its searchlight on this sector. Equally with the alleged massive withdrawals from the country’s financial system for the prosecution of the failed third term project in the face of EFCC’s installed alarm system that can detect such withdrawals from any bank in the country, the commission feigned ignorance of what was happening.

The EFCC could also not investigate TRANSCORP even with the alleged evidence that some public office holders had compromised their exalted positions by being part of the process of the company’s incorporation or partaking in it ownership through the buying of its shares Ditto with the sales of NICON, NITEL, Ajoakuta Steel Rolling Mills and other companies whose process of sales was anything but transparent. 

These public investments were literally taken for free by highly placed Nigerians under circumstances that can best be described as fraudulent. Yet, the EFCC found no basis to turn its searchlight on them and their beneficiaries. The question is when are economic crimes or corrupt practices worth investigating by the EFCC? Is it when allegations are made against Governors? What the Federal Government under Chief Olusegun Obasanjo spent on power alone from 1999-2007 was more than what the states from the North Western part of the country got as statutory allocations from the Federation account. Yet, if one goes to these states, one will still see some evidence of development or improvement in some sectors from what it was in 1999, but that cannot be said of the power sector in our country today given the amount of resources that was pumped into this sector from 1999 -2007. Our dwindling fortunes in the power sector are evident to every Nigerian from 3000 mega Watts in 1999 to barely 1000 mega Watts in 2007. Somebody somewhere must be held responsible why has this sector not been investigated by the EFCC?.

We support any measure that is meant to turn around the EFCC or indeed any law enforcement agency that has derailed in the course of discharging its primary agency duties. There is a general feeling that the EFCC has derailed and that is why we commend the recent Federal Government commitment to bring back on course by streamlining its activities with a view of ensuring compliance with the constitutional provisions and the law establishing the commission. We support the action of the Hon. Attorney-General of the Federation, Mr. Mike Aondoaka SAN, in this direction.

We want to caution that Nigeria cannot afford somebody transforming himself into Edger Hoover, the famous American Director of FBI, who blackmailed almost every American president and other top public office holders of his time to remain in office and wrecked havoc in the system (this appears to be the posture of the EFCC and its leadership), only that the Americans had a more refined system to contain him. We cannot also afford to go back to the days of MACARTHYISM who demonstrated that the greatest threat to civil liberties is overzealousness. We notice this trait in the EFCC and its leadership. We condemn the media campaign against his reform programme of the Federal programme of the Federal Government in the Administration of Criminal Justice as it affects the law enforcement agencies and in particular the EFCC and ICPC as most unwarranted and a mere cheap blackmail. It gives one the impression of somebody wanting to maintain particular pattern of doing things even if it is against the provision of the constitution and the law establishing the organization such a person is heading. For example section 43 of the EFCC Act empowers the Attorney General of the Federation to make rules or regulation in respect of the exercise of its powers to duties by the commission.

It was not the present Attorney General of the Federation who anchored the reform programme that enacted the EFCC Act. It has been there and if the Attorney General’s predecessors chose to abdicate their responsibilities in line with the temperature of the regime then, that was their business. Why is the EFCC and its propagandists afraid Of returns to bring its activities to conform with         

 the provision of the constitution? Is it not true that EFCC has been holding and is still holding many Nigerians in detention camps across Nigeria beyond the stipulated time lines? Is it not true that some cases of the EFCC have handled and are handling are either politically motivated or badly processed that they may not be able to prosecute in the court of law, but only want to put such people through the rigors of prosecution to embarrass and humiliate them? We will cite two examples here; Muhammad Bulama the former Managing Director of Bank of the North was arrested, handcuffed and charged to court over corruption charges. For four years he went through rigors of trial while in detention. Only recently Bulama was DISCHARGED AND ACQUITED. Hajiya Aisha Ibrahim the Registrar of FCT High Court Abuja was arrested, detained and charged to court on allegation of corruption. After all the humiliation, she was DISCHARGED AND ACQUITED.

What Nigerians expected from the EFCC and its leadership when the Attorney-General gave the nation a hint of the reform was to take these reforms in good faith and make a retreat from old order of doing things and not to launch a media campaign seeking to discredit the action of the Government. This act amounts to sabotage, insubordination and disloyalty to the Government.

After all, institutions are not built around individual or personalities. Yes, at a point Nuhu Ribadu the EFCC Chairman may have made their mark. But whatever the mark he may have made the activities of the commission got itself embroiled in, have tended to erode its credibility and capacity to effectively fight corruption. We submit that there should be a total reform of the entire EFCC to bring its activities in compliance with constitutional provisions.

We also wish to submit that any appointment that does not follow due process of the law will manifest itself in the approach of the beneficiary of such appointment in many forms. The appointment of the present Chairman of EFCC did not follow due process but was a product of good will. He was barely promoted to the rank of Assistant Commissioner of Police (ASP) before this appointment as EFCC Chairman and within one year he was given again promoted from ACP to Assistant Inspector-General of Police (AIGP). It is important to note that his mates are still Chief Superintendent of Police (CSP) and at best ACPs.

It is this apparent lack of command leadership experience before his appointment to head such a sensitive organization that manifest in the manner the EFCC Chairman runs the Commission. He claimed sometime ago in an interview that it was Kanu Agabi, SAN, who facilitated his appointment but many Nigerians know that it was the former Vice-President, Atiku Abubakar who facilitated Nuhu Ribadu’s appointment more that any other person which was a case of goodwill from his kinsman. His promotion from ACP to AIGP within one year was Obasanjo’s goodwill. It is important to note that promotions, discipline and even postings of the Officer Corps in the Police force are constitutionally the responsibility of the Police Service Commission. There is no provision in the constitution that empowers the President to assume the powers of the Police Service Commission to promote any police officer to whatever rank. Even the appointment of the Inspector General of Police (IGP) is done by the President in consultation with the National Council of States. Yet, then President Obasanjo promoted Ribadu from Deputy Commissioner of Police to Commissioner of Police to Assistant Inspector General of Police, all within one year without recourse to the Police Service Commission. How can these breaches be justifies especially when its beneficiary is that person that is entrusted with the responsibility of fighting corruption?

Because of the circumstances of his appointment and promotions which were all products of goodwill and not of efficiency, merit or competence the EFCC Chairman launched himself by dis-orientating the EFCC from what should have been a silent and result oriented APOLITICAL agency with penchant for propaganda, character assassination, blackmail, inconsistency, vendetta, arbitrariness, double standard and lawlessness. About two years to the end of Obasanjo’s government, Nuhu Ribadu transformed EFCC into a political instrument of witch hunt of the former President’s political opponents which was why the EFCC was involved in the

 brazen impeachment of elected Governors who were opposed to the former Presidents transmutation (third term) and, in the disqualification of politicians that sought to contest elections. All these were excesses which were outside the statutorily responsibilities of the EFCC. This much the Supreme Court declared on some of these excesses. Emboldened by these geo-metric upward mobility that is unprecedented in the history of law enforcement agencies in this country, the EFCC Chairman wanted to be a hero. But in seeking to be a hero, and impress his master, then President Obasanjo he went beyond his brief. At a point, he was already seeing himself and other hawks around Obasanjo as the country’s next crop of Leaders. Some say, the EFCC Chairman was already imagining himself as the National Security Adviser or Inspector-General of Police. Evidently, Nuhu Ribadu was working towards that given his brashness and disrespect for some targeted leaders if only his actions impressed his former boss, Obasanjo who then was fighting any potential Nigerian aspiring for the leadership of the country or perceived opponents. In this respect, the EFCC Chairman tried to pull down our National leaders in his efforts to cage them or scare them from the political stage and by that act gave the country a bad image. As a people, it is not for us to speak badly about our leaders if there was no just cause for it outside the shores of our country. The Chairman’s best way to do this was usually outside the shore of the country and at international fora. His comments on our national leaders were usually unsolicited and very pungent. His claims of exploits on fighting corruption at home to members of the international community were anything but fanciful and deceitful. It is almost two weeks today since Festus Keyamo in an open letter to Mr. President challenged the EFCC to, among others, to make public details of the EXHIBIT monies in the Commission’s possession; Nigerians are yet to hear from the EFCC Chairman. The same Chairman and his EFCC would have acted to publish details of allegations of corruption against anybody of their choice even if such allegations were false and later so confirmed by the court as were cases of Bulama and Aisha. Even in his fight against corruption the EFCC Chairman has been selective. He is therefore unable to see the contradictions in his attack against, for instance, on former President Ibrahim Babangida, former Vice-President Atiku Abubakar and some State Governors without investigating and or getting convictions against any of them and his eulogies for the former Chairman of Nigeria Ports Authority Chief Olabode George.

This is the nature of the EFCC under Nuhu Ribadu and which inadvertently has created the impression of double standard, deceit, lawlessness, pretence and blackmail, thereby gradually but consistently eroding public confidence in the system.

We should not pretend about the fact that the EFCC  left its prime position in the heart of Nigerians as an anti-corruption agency since the time he transformed the Commission into the then Presidency Obasanjo’s political hunting dog and Obasanjo is generally believed to be pulling the strings. After all it is claimed that it was the former President, the Chairman of Board of Trustees of the ruling PDP that instigated the recent arrest and prosecution of some former Governors. Could it be a mere coincidence that the arrest and prosecution of the Governors came shortly after the EFCC Chairman’s reported visit to Otta?

No matter what happens it is generally believed that the EFCC may not change its ways or method especially under its current Chairman and his line Directors until there is a total reform of the agency. It is time for Mr. President to act and urgently too. There are many Nigerians out there that can give the EFCC the desired untainted leadership and direction in line with the temperament of this government to follow due process and uphold the Rule of Law.

Finally as Nigerians we believe in the Nigerian project and we desire a corrupt-free nation. We will therefore not rest on our oars until we achieve this goal by exposing and fighting corruption in all its ramifications. To this end we call on all public-spirited Nigerians, civil societies, the organized private sector etc, to join in the struggle for a reformed EFCC. This is the first series of our letters to Mr. President on the urgent need to reform EFCC to effectively fight corruption within the confines of the law.

Thanks.    

Signed.

D.O.Onuoha

For: D.O.ONUOHA & CO.