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Killing the EFCC Softly By Abimbola Adeseyoju
What the Honourable Minister of Justice and Attorney General (AG) of the Federal Republic of Nigeria Mr. Michael Kause Aoadoakaa (SAN) tried to do through the front door and was overwhelmingly shouted down by the majority of Nigerians has now been successfully introduced through the back door.
On Wednesday, 5th of September, 2007, Mr. Aoadoakaa through his agent, the Director of Public Prosecution (DPP) in the Federal Ministry of Justice, Mr. Salihu Aliyu successfully wrestled control of the prosecution of former Abia State Governor Mr. Orji Uzor Kalu from the Economic and Financial Crimes Commission (EFCC).
At last, the real intentions of the Honourable Minister and his cohorts in the government of President Umaru Yar’Adua, which is to whittle down the powers of the EFCC and emasculate it in its determination to bring to book some of the former governors accused of money laundering offences are now been implemented.
You will recall that on Monday 6th of August, 2007 based on the infamous memo earlier written by the Justice Minister to the Mr. President asking for the enforcement of some constitutional rights to determine the direction and flow of prosecutions handled by the EFCC, the latter wrongfully granted the request.
However, through the vigilance of some progressive lawyers such as the indefatigable Chief Gani Fawehinmi (SAN), Mr. Femi Falana the irrepressible President of West African lawyers and the general outcry of the Nigerian media and discerning citizens, Mr. Aodoakaa was checkmated before he could implement his nefarious plans.
But, it is now clear the Attorney General never gave up. He only went back to the drawing board.
He finally struck on the 5th of September, 2007 through the Office of the Director of Public Prosecution to begin the implementation of his initial plan of protecting some of the former governors from answering to their dirty deeds while in office.
What a pity!
The end has finally come for the efficiency and efficacy of the EFCC to successfully prosecute money launderers and those accused of predicate crimes.
From now onwards we are back to square one. It is now business as usual. Following the position of the Attorney General, once an accused secures an interim order from any “IIu-Orun” High Court, against the EFCC, then the anti-graft agency cannot perform its duties until the order is vacated.
But, how does the Minister of Justice interpret Section 40 of the Economic & Financial Crimes Commission (Establishment) Act, 2004? And this reads::
“Subject to the provisions of the constitution of the Federal Republic of Nigeria 1999, an application for stay of proceedings in respect of any criminal matter bought by the commission before the High Court shall not be entertained until judgment is delivered by the High Court”
For those who do not know, it is this singular provision that has insulated the EFCC from the delay tactics sometimes employed by defense counsels in perverting the course of justice in this country
This same provision is responsible for all the successes and triumphs the EFCC has recorded in the law courts in terms of secured convictions in the past four years.
But Mr. Aoadoakaa is not happy with that. He wants us to return to the status quo. A situation where the EFCC machinery is tied down by some judicial bureaucratic bottlenecks created by lawyers and sustained by the system that allows those who have looted the resources of this country to continue to walk the streets free.
We could as well scarp the EFCC! For without Section 40, the anti graft agency is just another toothless bulldog like all its predecessors.
If I may ask the Attorney General, where was his rule of law, when some of these former governors he is now trying desperately to protect, were busy acquiring aircrafts, luxury hotels, hospitals, telecom companies and all sorts with the resources of their states?
Is it not an irony that the Honourable Minister of Justice believes that the rule of law will be served when people accused of depraving the generality of people in their states of their collective wealth by stealing it for themselves and their families now obtains restraining orders from Kangaroo courts stopping the EFCC from exercising its powers?
So an armed robber, a common criminal, can equally approach a friendly court (and please do not ask me the meaning of the word “friendly” – is the Nigerian judiciary Corruption free?), obtain a restraining order against the Nigeria Police. And in the name of the rule of law, we should all wait until that order is vacated before the police can begin prosecution.
So the case drags on for eternity. The accused is left unfettered perverting the course of justice. He equally uses the “purchased” time obtained through the restraining order granted by the High Court to intimidate possible prosecution witnesses and destroys all evidences linking him to the predicate crime.
That is Mr. Aoadoakaa’s interpretation of the rule of law.
It is indeed a tragedy that Chief Gani Fawehinmi is presently on a London Hospital bed recuperating. But God in His Infinite Mercies will give him good health to successfully come back and rescue us from Aoadoakaa and his gang of rampaging lawyers.
In the meantime, I expect Mr. Femi Falana to take up the gauntlet and mobilize the Nigerian media and civil societies to stop the Attorney General before he erases all the gains of the anti-corruption crusade of the past four years.
The Honourable Minister should not be allowed to take us back to Egypt after we have crossed the Red Sea!.
To avert the impending anarchy, Mr. Aoadoakaa should resign his position as the Attorney General and Minster of Justice today.
He has failed the generality of Nigerians by his parochial interpretation of what constitutes the rule of law in our determined efforts to fight the monster of corruption in high places and unrestrained money laundering activities by public officers that have accounted for our stunted growth as a nation since independence.
Signed
Abimbola Adeseyoju
Mr. Adeseyoju is an anti-money laundering specialist and trainer
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