Charles Akinsete writes on the intrigues surrounding the role of the Economic and Financial Crimes Commission (EFCC) in its recent prosecution of former South-West governors, submitting that if care is not taken, the law enforcement agency may become distracted and thus irrelevant in the anti-graft war.When the Economic and Financial Crimes Commission (EFCC) was created in 2002 during the administration of former President Olusegun Obasanjo, Nigerians, home and abroad, irrespective of the rising disappointment in the country as result of what many termed 'a regime of another military man in power', actually applauded the move. It was, indeed, imperative and timely, judging from the escalating financial crimes which saturated almost every sector of the polity.Perhaps, aware of the high expectations of the people towards stabilising the economy and creating the necessary conducive atmosphere for foreign investments to thrive, the EFFC, under its pioneer chairman, Mallam Nuhu Ribadu, immediately swung into action by prosecuting and convicting a number of high-profile corrupt individuals. With the said support of Chief Obasanjo, it was as if nothing would stop the ravaging EFCC, as the anti-graft body did not spare anyone, even the high and mighty at helms of the nation's affairs, and many individuals, within a short space of time, were held in its tight grip.Political watchers of event in the country have ascribed 2005 as a year in which the anti-graft agency, not only made its name in the real sense of its objective, but also became the bride of Nigerian masses and equally a nightmare to corrupt public officers, following the arrests of two top principal officers, among others. One of the top government officers was the former Inspector-General of Police, Tafa Balogun, who was arraigned in court by the EFCC, after an arrest, following an accusation of corruption. The other was the former governor of Bayelsa State, Diepreye Alamieyeseigha, who was impeached as governor on the same allegation of corruption on 9 December, 2005. On 26 July, 2007, Alamieyeseigha pleaded guilty before a Nigerian court on six charges and was sentenced to two years in prison on each charge.By 2006, the EFCC had become a household name on the lips of Nigerians. Though many opinion experts criticised the prosecution of suspects who have been accused of corrupt practices as 'being unfair,' there was no doubt that the EFCC's actions, in many quarters, were appreciated and applauded. Mr Ikechukwu Enviagu, in a report entitled; 'The Miracle of EFCC creation in Nigeria', said that despite the negative tunes which greeted the so-called excesses of Ribadu, who was seen as a bludgeon of the former president, the anti-graft agency, without any iota of doubt, served as the only active medium to curtail the rampaging monster of corruption.'Now that EFCC has begun to act, I see democracy and human rights, functioning side by side with the law. The emergence of EFCC, like any other before it, was greeted with misgivings from different quarters. However, we seem to have been able to discipline, to a greater margin, the roots of the Nigerian corruption through the EFCC.'Nigeria demands that every case that was shabbily treated and closed be opened in due cause. Nigeria demands also that the 'untouchables' be touched, and the 'above the law's (sic) be forced to bow before the law. Nigeria demands that the Nigeria Police Force be completely shaken and restructured, with the evil die-hards brought to justice.Nigeria is saying that the force and authority to deliver it lies solely in true sacrifice. However, considering where we, as a nation, are coming from, I'm sure that most will agree with me that EFCC of today is the miracle we have been waiting for,' Enviagu said.But the activities of the law enforcement agency, in recent times, have become rather questionable. Over the years, the agency had been severely and variously accused of compromising its standard, not efficiently following through a case and more particularly, being too susceptible to media hype through random 'arrests', without having in possession enough evidence to properly prosecute its suspects. On this note, the recent case of Chief Gbenga Daniel and three other governors readily comes to mind.Early this month, the trio of former Governors Adebayo Alao-Akala (Oyo), Aliyu Akwe-Doma (Gombe) and Daniel (Ogun) were accused by the EFCC of corrupt practices. It should be stressed that the EFCC definitely has the constitutional right to press charges against any citizen of the country, who is suspected to have violated the laws of the land. In this same vein, however, it is equally embarrassing that the EFCC, which represents the collective interest of the Nigerian masses, could resort to sensationalism and/or gallery acting in a bid to secure a conviction.A statement from the EFCC, describing the charges against Gbenga Daniel, had said that 'the former governor was accused of fraudulently converting $3million from Ogun State domiciliary account with First City Monument Bank (FCMB) to acquire equity stake in a private company, Glanvill Enthoven & Company Nigeria Limited; an offence which is punishable under section 390(4) of the Criminal Code Law CAP 29, Laws of Ogun State, 1978.'He was also alleged to have used $1million from the Ogun State domiciliary account with FCMB to acquire shares in 21st Century Technology Limited, and fraudulently converted the Judges Quarters in Sagamu to his personal use by building his private house known as Asoludero Court on the property and thereby committed an offence punishable under section 434 of the Criminal Code Law, CAP 29, Laws of Ogun State, 1978.'But the former governor, three days after his bail was granted by Justice Olarenwaju Mabekoje, denied all the the allegations. He disclosed that the alleged $4million stolen by him was, in fact, paid into the government's coffers the same day the transaction was made, a fact he claimed that the EFCC deliberately ignored in the bid to nail him. However, until his defense is substantiated in the court of law, one tends not to make hasty judgment. However, if this is evidently confirmed in the court of law, then the commission, indeed, needs to be questioned on the motive behind the hurried arraignment and undue sensationalism it engaged in.While some would argue that the law enforcement organ needs not to render any apology for doing its job, whether successful or not in its onerous endeavour of bringing down 'suspects', it is nonetheless innocuous to reconsider the motive behind these many unsatisfactory pursuits, which, most often than not, leave the citizens of this nation more disappointed and disillusioned.Does it even matter to question the essence of declaring the 'arrests' of these governors by the commission's spokesperson, Mr Femi Babafemi, while sources have recently claimed that the two South-West ex-governors were actually invited' Of what significant is this lie' No matter what, the EFCC should not have brought itself that low, given the fact that the Ogun and Oyo states ex-governors, unlike many others, immediately honoured the invitation of the law anti-graft agency, with the former excusing himself in the presence of notable Nigerian citizens from the inaugural pan-Yoruba conference which was held in Ikenne-Remo, Ogun State so as to answer the EFCC's call from his home town, Sagamu.The argument here has nothing to do with exonerating or condemning the said suspects. The law is expected to take its full course, but what is imperative is for the anti-graft agency to look always before it leaps, because Nigerians are no longer fooled by the ecstatic reports generated from insignificant media hype. The EFCC should not be seen as a yoyo, especially in this difficult era of socio-economic degradation, neither should it waste time basking in the euphoria of the moment.Another factor the EFCC needs to consider to ensure a foolproof execution of its primary assignment before giving out information is the report doing the rounds about the infiltration of the agency along party lines. The agenda of going after Peoples Democratic Party (PDP) governors, according to an undisclosed source, stems from 'the widely popular insinuations that the PDP governors are corrupt, which could be easily dismissed in the court of law. Hence, the EFCC spurs on, like hunting dogs, to 'attack' without adequate proof,' which , if properly presented in the court of law, should put away convicts for the good of the country.Having drawn illustration on the Gbenga Daniel case, the EFCC is thus challenged to prove its point in the trial of the ex-governors that it is an agency Nigerians can vouch for in terms of integrity and the quest for justice. The agency must continue to prove its autonomy from the strings of power of incumbency and political party affiliation, amogn others.Thus, the agency should, indeed, watch out for the gaps in between its baring teeth. There is no doubt the agency is the watchdog of the nation. But it should equally remember that Nigerians, home and abroad, would continue to be the ultimate watchdog. After all, there is every need to avoid a repeat of unnecessary embarrassment recorded in the judiciary of recent.
Click here to read full news..
