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FG, fuel subsidy scam and matters arising

Published by Tribune on Wed, 20 Jun 2012


We were disturbed and seriously irked when it was recently reported that the Attorney-General of the Federation (AGF) and Minister of Justice, Mohammed Bello Adoke (SAN), confirmed in Abuja that President Goodluck Jonathan had sent the House of Representatives report on the fuel subsidy probe to him for prompt action. He had in turn 'forwarded the said document to the Economic and Financial Crimes Commission (EFCC) for detailed probe.' He also said the government would only begin the trial of the indicted persons after the anti-graft body submits its report.To say the least, this line of action on the matter at hand by the Federal Government through the AGF is ill-advised and an absolute step in the wrong direction. The EFCC was primarily set-up to fight financial crimes and corrupt practices in the country, and not to engage in probes to find out how guilty suspects are or not. Asking the EFCC to do this is simply out of place and a mere waste of time. Adoke said he had forwarded the fuel subsidy probe report to the EFCC so that the government would have more evidence against the suspects before initiating their trials. But we ask, what further probe is the EFCC expected to do in other to certify that those suspected to have faulted the law have done so' Was the House of Representatives fuel subsidy 'public' probe not good enough for the EFCC to work with, in seeing to the prosecution of those found wanting'We believe that if the House of Representatives has done a thorough probe on the fuel subsidy scam, a probe which the Nigerian public was also part and parcel of, after which a comprehensive report on the best line of action was presented, then it is only expected that the anti-graft agency should focus on the report and its implementation, that includes the prosecution of suspects. And if they are found guilty, they should be made to face the music. Enough of the dilly-dallying by the government through the AGF. Forwarding the fuel subsidy scam probe report to the EFCC, as far as we are concerned, is just another scheme through which the 'strong contents and findings of the probe, that must have indicted some top government officials and their cronies in high places, will be watered-down in the interest of some selective few.However, the AGF and the government should not forget that Nigerians were very keen and interested in the atrocities that have been committed against the people through this fuel subsidy drama, hence, they were aware of the mind ' bogging revelations made during the said probe. So, it will be foolhardy for the authorities in question to pull-a-fast one with this probe without Nigerians knowing about it. But beyond that, there is for those indicted in the fuel subsidy probe to face the full wrath of the law, no matter how highly placed they are.The said report provided by the House of Representatives on the fuel subsidy probe, is more than enough for the EFCC to immediately go into prosecuting those indicted in the fuel subsidy scam. It is left for the Law Courts to find those indicted guilty or not. In other words, the EFCC should be allowed to 'directly' address the findings of the fuel subsidy report in prosecuting those indicted, rather than ordering the anti-graft agency to further probe the fuel subsidy scam. What else is the AGF expecting the EFCC to probe when suspects have already been established'All that is required in this unfortunate situation is for the suspects concerned to be investigated, charged to court and prosecuted. And if found guilty at the end of the day, they should be sentenced appropriately without any delay. Another statement credited to the AGF, which we find most unfortunate, is his reference to James Ibori's corruption case in the UK, while speaking about the Justice Ayo Salami's reinstatement as the President of the Court of Appeal. According to Adoke, he is of the opinion that the same misperception that trailed Salami's case had been extended to former Delta State governor, James Ibori's conviction in London with the condemnation of the Nigerian judiciary by many.In his words; 'The fact that Ibori was convicted there does not in any way discredit the Nigerian judiciary because they have used plea bargain in securing his conviction' He said that if the same plea bargain were applied here in Ibori's case, Nigerians would have condemned it. We find it appalling and rather unfortunate that the AGF is coming out to make such statement and comparism. We all are aware of the national shame the Ibori case has brought to us as a nation, especially the Nigerian judiciary. A case that could not be justifiably handled in Nigeria because of the corrupt tendencies of our system, was appropriately dealt with in the UK. That alone is a slap on the face of the Nigerian judiciary.On the Ibori's case, as former Delta State governor, it was very obvious that there was no 'political will' in his prosecution. Ibori's famous guilty plea in South Warth Crown Court, UK, over corruption charges, clearly shows that something is intricately wrong with our judicial process. Justice Marcel Awokulehin of a Federal High Court in Asaba. Delta State, discharged and acquitted Ibori of all 170-court charges of corruption involving the laundering of millions of dollars. The EFCC had brought the 170 ' count charge against Ibori after he was arrested in 2007, and the London Metropolitan Police got a court order to freeze U.K assets worth35 million ($55m) allegedly belonging to Ibori. But the Judge cited lack of evidence as his reason for squashing the 170-count charge.What a miscarriage of justice. It is a clear case of a supposed custodian of justice making an unjust declaration. By that judgement, Nigeria was defiled on the altar of justice. The culture of impunity has become the acceptable norm. However, whatever the case may be, the crux of the matter is that the Federal Government and the office of the AGF should not make nonsense of the report on the fuel subsidy scam that has revealed gross corrupt practices of high proportions. Gbemre, JP National Coordinator, wrote in from Delta State.
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