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.
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