Who will rescue NDLEA from corruption? ‘If I order investigation into this matter, many heads will roll’-Justice Abang.

Emeka Ibemere

Always murky! That is how best to describe the National Drug Law Enforcement Agency (NDLEA)’S  drug war, which has become even murkier as NDLEA’s prosecuted cases meshed with corruption that allegedly points accusing finger to Ahmadu Giade, the Chairman and Chief Executive of the anti-drug agency and his closest associates working in the agency.

Following repeated cries and several petitions to the Chairman Senate Committee on Narcotic, Drugs and Financial Crimes,  Chairman, House Committee on Narcotic, Drugs and Financial crimes, the Attorney General of the Federation and Minister of Justice, the Secretary to Government of the Federation, the DG NDLEA and Secretary to the board, the Chief of Staff to the President, the National Security Adviser and to Public Complaint Commission on the corruption, ineptitude, high handedness and crass mediocrity by the leadership of NDLEA, concerned staffers have now petitioned to the presidency over the high level of corruption going on at the number 4 Shaw road Ikoyi office of the agency.  Sulaiman Isah-S/NO: 1120, Sani Ibrahim Sadiq-S/NO: 1216, and Isiaka Shehu for concerned staffs have petitioned the presidency and request the sacking of Giade.

 As that wasn’t enough, a judge of competent court has added his voice to the growing weed of corruption at the agency.

It was gathered that Justice Okon Abang of the Federal High Court, Lagos on 7, Friday February, 2014 was unable to accommodate the unmitigated corruption of the NDLEA prosecutors any longer and sadly accused one of them, Mr Abu Ibrahim of gross misconduct in open court.

Daily Newswatch learned that the Judge while delivering judgement in a case of dealing in cocaine was quoted to have said in his judgement that there seems to be collaboration between the prosecutor and the accused. The judge said, “When the fifth prosecution witness (Idris Zakari) testified, learned counsel for the prosecution applied to tender only a portion of the statement of the accused person”.

“The full statement is attached to the counter-affidavit filed by the same prosecution in opposition to bail application.

“While writing this judgment, I wondered why learned counsel for the prosecution Abu Ibrahim, a counsel I have so much respect for, behaved in this manner.

“I ask again, why did the learned counsel behave this way? Whose interest is the learned counsel serving? Is it the interest of the prosecution? Or the interest of the accused person? Or is he serving the interest of justice?

“In his written address that is not helpful to the court, learned counsel for the prosecution never for once canvassed arguments on the confessional statement. He kept mute and said nothing about it.

“I ask the question: I’m not making a statement of fact – is it that learned counsel for the prosecution’s intention is to enable the accused person escape conviction? The attitude of learned counsel is most unfair to the court and to the smooth administration of justice.”

The judge, who suspected that there was collusion between the parties to enable the accused escape justice, added that “many heads will roll” if he ordered an investigation into the case.

Abang said, “In the course of his arguments, learned counsel for the defence pretended as if no such confession had been made. I ask the question again, is it that the prosecution and the defence had colluded to create problems for the court by withholding material evidence, which would conveniently secure conviction, to enable the accused person escape conviction and go home with the N14m illegally procured from illegal dealing in narcotic drug? Abang queried.

“Speaking for myself, I can never be a party to this kind of unwholesome and improper conduct. If I order investigation into this matter, many heads will roll.”

He said despite the conduct of the counsel in the case, there was circumstantial evidence sufficient to convict the accused for the alleged crime.

“Where the circumstantial evidence is cogent, undisputable, strong, and points irresistibly to the guilt of the accused person, the court of law is entitled to convict the accused person,” he said.

In convicting the accused, the judge said, “With regard to the unchallenged evidence of PW5 and the evidence contained in Exhibit E1 (a portion of the accused person’s statement tendered by the prosecution) it is my humble view that the accused person conspired with Sam Egunibe to import 8.270kg of cocaine from Pakistan to Nigeria.” Meanwhile the petitioning staffs say Giade enthroned an atmosphere that is encouraging the recycling of seized illicit drugs through collusion with drug dealers and barons and the promotion of unholy trading of drug cases between NDLEA prosecutors and defence counsels for money. According to them, these devious arrangements do not only dent the image of the country, they are making a mockery of Nigeria's professed anti-drug campaigns as well as our justice delivery system.

“For these and several other reasons your Excellency, there have been calls from different segments of the society for government to pay closer attention to the activities of NDLEA in order to awaken it to its responsibilities. For instance, a presidential committee had called for the "overhaul and repositioning of the Agency for better service delivery", the staffs stated in their petition to the President Goodluck Jonathan.

It was gathered that Senator Heineken Lopoibiri had drawn the attention of relevant authorities to Giade's wastage of over N184.9 million and arming of untrained civilians. In the same vein, a Human Rights activist and legal icon, Mr Femi Falana (SAN), had also risen stoutly and robustly to invite the office of the Attorney General and Minister of Justice to look into the mess in NDLEA with the aim of repositioning it.

Unfortunately  and rather than see to the improvement of the Agency, the lawyers of the Agency recently petitioned the President, Nigeria Bar Association via a letter with ref. no: NDLEA/DP/53VOL.I of 17th August, 2012 complaining about malicious publication concerning NDLEA prosecutors by Femi Falana (SAN).

Our investigation revealed that one of the signatories of the letter is Abu Ibrahim Esq who was only recently accused of gross misconduct in open court by Justice Okon Abang. Interestingly, he is one of those on whose behalf Ahmadu Giade purportedly rose in his defense.

“In fact your Excellency, the judiciary and judicial officers in particular, concerned with the negative impact these practices could have on their reputation had stridently cried out to condemn these activities in very extreme and unambiguous terms in order to show the world that they were not party to the shenanigans of the NDLEA and with the hope that the Agency will change its ways”, the petitioners wrote.  “In 2006, the presidential committee on the reorganization of NDLEA headed by Justice Gilbert Obayan (rtd), had pointedly identified the prosecution directorate of the Agency as a cesspool of corruption and accordingly made drastic recommendations that were to correct the anomaly. The committee observed that ‘the directorate (prosecution and legal services) now operate at the mercy of the Defence counsel who offers mouth watering amounts to the Directorate for them to soften ground leading to walk away sentences including the disturbing trend of option of fines, which are preferred by drug convicts’."

Continuing, the petitioners asked the presidency to request the Obayan report that the federal government spend resources to conduct but was ‘killed’ on arrival by Giade. “Your Excellency, apart from the fact that the entire report of the Presidential Committee was smothered and buried in the vault of corruption, key officials of the Agency including Ahmadu Giade put a lie to the findings of the committee and went to town in defense of the activities of the Agency prosecutors in exemplification of an action that has shown that vaulting ambition has no inhibition. Your Excellency, there is the saying that falsehood may have a head start but truth eventually catches up in triumph and  no matter how hard the truth is ground to the dust, it will eventually raise its head in victory”.

According to the aggrieved staffs, “Your Excellency, this must not be incorrectly assumed as unusual or a one off case; no, this is skin deep practice in the NDLEA involving as earlier identified by the presidential committee ‘officers of the Directorate of Operation and General Investigation and the Directorate of Prosecution and Legal Services’ in  many other courts. And the leadership of the NDLEA is always at hand to defend and protect them! This has accounted for most of the ridiculous and scandalous sentences and judgements that had generated public outcry over time”.

The staffs disclosed that federal government shouldn’t be deceived by mere claims to integrity and honesty that all is well at the agency. They disclosed that in 2008, the National Assembly appropriated the sum of N500million to the Agency for a nation-wide anti- drug enlightenment campaign but that Ahmadu Giade consistently grumbled that it was only N350 million that was released to him for the exercise and not N500 million as claimed, he was alleged to have retired the amount in full at the end of the programme. “Where did he manufacture the N150 million differences he claimed he did not collect”? The staff queried.

 According to them, this was a part of the fact that the whole exercise was replete with fraud and fraudulent dealings. They disclosed that if light should shed on those dealings, certain persons would be seen in different hues.

“Your Excellency, the 2010 NDLEA recruitment was extensively publicized both in the print and electronic media and by many other means including posters and fliers encouraging interested qualified Nigerian applicants all over the world to procure scratch cards valued at N1,500.00 (One thousand, five hundred naira only) from designated banks. In an interview with the National Mirror Newspaper, the Chairman NDLEA, Ahmadu Giade stated falsely that the Agency realized N 185 Million (One Hundred and Eighty Five Million naira) only from the sale of recruitment forms in complete contradiction and negation of a circular Ref.No:NDLEA/CCEO/45/VOL.IV/43 of November 1, 2010 sent to all the 37 state commands of NDLEA including Abuja”, the staffs stated in their petition to the President.

The group of staff asked explained that their investigation was backed by fact that the total number of applicants who bought the form from all the states, including Abuja was 295,250 (Two Hundred and Ninety Five Thousand, Two Hundred and Fifty).

“If this number is multiplied by N1500 paid by each applicant, it will be equal to N442, 875,000.00 (Four Hundred and Forty Two Million, Eight Hundred and Seventy Five Thousand naira only).  Your Excellency, the Chairman/Chief Executive NDLEA also declared falsely before the Senate Committee that the Agency realized only N185 million (One Hundred and Eighty Five Million naira) only. What happened to the sum of N257, 875,000.00 (Two Hundred and Fifty Seven Million, Eight Hundred and Seventy Five Thousand naira) only difference that was not declared before the Senate Committee”? 

According to the petition sent to the presidency, a closer look at Giade’s explanation revealed a dubious attempt to hoodwink the general public on the number of applicants who bought scratch cards from the twenty one (21) banks that were contracted for the job.

 “It is our thinking that somebody has forgotten that the banks have records which the law enjoins them to retain for a minimum of five (5) years and they comply. Each of these banks should be mandated to produce comprehensive list of NDLEA applicants for the six (6) weeks the process lasted, beginning from 10am of Wednesday August 19th, 2010”.

Furthermore, the staff asked the presidency to investigate their boss on corruption in the recruitment exercise carried out by the agency.

“Giade needs to be asked to explain how the additional 900 persons atop the initial 2000 recruits were brought into the Agency. These added recruits did not buy the NDLEA application forms and did not apply online. If the prerequisite for recruitment is the purchase of scratch cards of N1, 500.00 each from designated banks and applying on-line on an NDLEA dedicated website, what was the consideration for exempting these others who were clandestinely recruited”?

The petitioners also stated that the most disturbing aspect of the corruption in the agency was the fact that over 30% of monetary allocation to the Agency is expended to satisfy the domestic and travel requirements of Ahmadu Giade. They alleged that this created a situation where most commands and directorates can no longer function, as basic imprest are not paid for daily running of offices.

“Your Excellency, the Federal Government policy on Review (Cancellation) of Notional Promotion as conveyed by the Federal Civil Service Commission via circular Ref. FC 6243/S.I/VOL. XVIII/5 dated 28th May. 2010 had directed Ministries, Departments and Agencies (MDA’s) who were in arrears of promotion to conduct interviews and process all Senior Staff Committee recommendations to the commission (NDLEA Board) on or before 30th November, 2010 failing which the defaulting MDA may be sanctioned”.

It was gathered that the management of the Agency received a circular early enough to process all outstanding promotions in view of the new policy but that the NDLEA Chairman/Chief Executive refused to constitute the Senior Staff Promotion Committee and instead, unilaterally and single-handedly contrived a perverted promotion determined to exclude many officers for whom he has personal hatred and dislike.

In addition to that, the staffs claimed that rather than have the Agency board meet and decide the matter as provided in the NDLEA establishment act and the NDLEA Administrative Order, Giade conveniently presented a skewed list to the Hon. Attorney General and Minister of Justice for approval. The Hon. Minister being unaware of the mischief intended endorsed and approved the list.

“In the promotion which Giade released in February, 2011, rules were contemptuously ignored and evidently well qualified officers who apart from demonstrable competence and capacity have remained on GL14 for more than ten years were sidelined while he promoted (sometimes twice) mostly his favourites and cronies who are many years junior in rank. These eliminated officers were in fact on the verge of promotion in 2005 before the unfortunate incident that led to the appointment of Ahmadu Giade”, the staffs cried.

“The Hon. Attorney General and Minister of Justice would not have given his consent if he was aware of this dubious elimination. Similarly, Giade, by executive fiat catapulted his kinsman from the other rank cadre of CNA to officer cadre DSN in the name of promotion. To quell agitation and the groundswell of opposition that was mounted, he attributed the action to management decision which is not true. It was an exclusive action of nepotism taken by Giade”.

Insiders believed that  as a result of the alleged inefficiency, maladministration and clear case of ineptitude of Ahmadu Giade, the Agency has become a shell of itself; no longer capable of effectively controlling local distribution and abuse of drugs or the international trafficking in the deadly merchandise.

“Citizens of Nigeria are arrested for drug related offenses and populate prisons and confinement facilities all over the globe. Many of our youth have become dregs, addicts and social misfits”.  It would be recalled that Distinguished Senator Babafemi Ojudu had lamented over the worrisome state of affairs on drug trafficking recently.

Investigations shows that despite harvests of arrests and prosecutions, drug prevalence has never been worse in the recent past suggesting that out of every five Nigerians on the street, three are drug traffickers to the extent that one could virtually buy the drugs off the shelf. A concerned staff quipped. “Many have even begun to question the relevance of the Agency.”

Investigation by our correspondent revealed that all the 10 NDLEA Chairmen and Chief Executives have been swept away by corruption in the last 20 years of the agency.

When the former military president Ibrahim Babangida and his administration took the decision to establish the National Drug Law Enforcement Agency (NDLEA) in 1990 and consequently charged the body with the statutory and sole responsibility for the suppression of trafficking in illicit drugs and its abuse, many people within and outside the country hailed the move as both right and timely. But they never thought that the agency could be as corrupt as it is today.

The general acceptance then, stemmed from the fact that prior to that, Nigeria was virtually a pariah because many of her citizens were indicted globally for their notorious involvement in the unwholesome drug trafficking business. To be a Nigerian or wield the green passport of Nigeria at most international ports, was enough to be painted and tarnished with the brush of dishonour and subjected to annoying and dehumanizing bodily exploration in the search for concealed drugs. Innocent Nigerians saw hell and Nigeria's name was brought to disrepute.

Therefore, the appointment of Mr Fidelis Oyakhilome, Deputy Inspector General of police, DIG, (rtd) and a man reputed to be a gentleman and consummate police officer was equally hailed as right peg in right hole; until the Jennifer Madike saga that literally rubbished and cut short the career of the ebullient officer.

 At this time, he had piloted the affairs of the Agency for about a year. The exit of DIG Oyakhilome led to the appointment of Mr Fulani Kwajafa Commissioner of Police, CP, (rtd) who served from 1991-1993.

Alhaji Ba'ppa Jama're, Assistant Inspector General of police, AIG, took over and was at the helms of affairs from 1993-1994.

In 1994, following the up till date mysterious but scandalous disappearance  of seized drug exhibit that was allegedly kept in the custody of the then Chairman Jama're, Major General Musa Bamaiyi who came as head of a committee to reorganize the Agency was eventually appointed and confirmed as Chairman/ Chief Executive of NDLEA.

He remained in the saddle for over four years until his removal in 1998. His tenure has been regarded as the golden era of the Agency for his many landmark achievements. He has also been stridently criticized for his human rights abuses and disregard for rules, both of which are symptomatic of even the most benevolent military regime.

Mr Ogbonnaya Onovo, another AIG, took over from Bamaiyi and served in that capacity from 1998-2000 when he was redeployed and replaced by Mr Iliya Lokadang, also an AIG whose tenure lasted three months only.

The removal of Lokadang paved the way for the appointment of the well-groomed Alhaji Bello Lafiaji OFR, a man appreciated for his welfarist gesture. His tenure was reputed to have witnessed concrete endeavours at genuine transformation of the Agency into an orderly organization with understandable rules of engagement and regulations for activities. 

He was said to be too suave and too decent to be at home with the arbitrariness that had been the hallmark of the previous administration. Lafiaji was removed in 2005 after having served for about five years in a controversial manner following an allegation of missing exhibit. He was arraigned for the suspected crime and jailed. But following discreet investigation into the matter by the Supreme Court, his sentence was quashed and he was discharged and acquitted.

The incumbent Chairman/Chief Executive, Alhaji Ahmadu Giade, ACP (rtd), whose overriding credential is a alleged claim to personal integrity and his reclusive lifestyle came into office in year 2005. 

Now, eight years down the line, Giade has been battling internal forces that see him as a major flaw that has impeded growth and development in the Agency.

Giade’s eight years tenure in the Agency so far has not been able to attract meaningful funding for the development of the organization. Consequently and expectedly, most of the Agency infrastructures are in pathetic and deplorable state all over the federation. Cursory note at the Agency revealed that it’s like a ghost of its old self; basking on old fame and glory. What more? Staff morale is in shambles and tartars.

Some Giade’s staffs who spoke to Daily Newswatch on condition of anonymity have actually called to question the integrity credential of Ahmadu Giade in view of the several cases of alleged nepotism, high handedness and financial impropriety traceable to his door step.

 The recruitment exercise he conducted in late 2010 was allegedly steeped in a cesspool of corruption.

“Most appointments to supposedly juicy commands are exclusively reserved for his tribesmen. Equally, promotion is tilted so deliberately to benefit his own people. Disciplinary actions are sternly exerted on staff from other ethnic groups while he arranges soft landing for his own people”, another staff in Abuja called to report on phone.

He lacked team spirit and his administrative style is not only archaic but crude. Perhaps, this may also be because he is a very old man, probably in his late seventies or early eighties and therefore has no peer within the system.

Those of us who knows the activities of his administration complain that rather than make strong case and advocate for the restructuring and proper funding of the organization, he prefers to exploit the internal administrative weaknesses such as contained in the NDLEA order (offenses against discipline) to coerce his staff to squeeze water out of stone rather than rock the boat and discomfort Aso Rock in any way. For instance, if staff was required to carry out an assignment that will involve spending money and in line with service rules the staff requests for financial mobilization, such staff could be defaulted and penalized for one or many of the offenses in the rule book”, another staff stated.

“The deployment of this strategy is for self perpetuation. And sadly, government seems unable to see through this scheme hence allowing this unhealthy state of affairs to fester. It is no wonder that the actual drug situation is worsening by the day! Quite worrisome is the proliferation of illicit drugs all over the country. Young people have not been more exposed to the availability of drugs in their very neighbourhood as now. In fact, it is safe to say that it was not this bad in the country even when there was no statutory body dedicated to drug control. The country's youths are turning into junkies and drug addicts by their number. What hope is there for the future”?  The staff queried.

The Head, Public Affairs of the NDLEA, Mr. Mitchell Ofoyeju, told our correspondent that his boss wasn’t around to consult his view on the issues and begged that the story should be kept till next week when Giade would be around in the office.

On the prosecuting officer for the NDLEA, he told our correspondent that the agency was on the matter. According to him, NDLEA usually conducts investigation into such allegations. He averred that investigation is going on the matter and until investigation is concluded, he cannot say anything now.