How independent is EFCC? •no interference in EFCC - Lamorde

Emeka Ibemere

Since inception of the Economic and Financial Crimes Commission (EFCC), in 1999 by the former President Olusegun Obasanjo’s administration, the commission has been accused severally of being a willing tool in the hands of the presidency to deal with perceived political enemies.

They argued that because of political vendetta, the presidency used EFCC to score cheap political goals.  Then, the President Olusegun Obasanjo made promises to fight corruption, as one of his main target. So, the EFCC was set up to wage a relentless war against corruption. Then, there were no sacred cows as politicians and civil servants were dealt with and the nation stood still for the commission. The Commission’s target was to rid the country of the menace of corruption, and restore the country from its pariah state amongst the comity of countries to a country of sanity.

From 1999 to 2007 President Obasanjo’s reign lasted, the fear of EFCC and Obasanjo was the beginning of wisdom to the political class. Despite the efforts, the fight against corruption in Nigeria since 1999 to 2007 was seen as window dressing and lip service because it was politicized.

Stakeholders viewed the fight against corruption has been one-sided, especially towards those who opposed the president of the time. According to them,  the rule of law, constitutional process, judiciary process and indeed the due process in arrest, prosecution and sentences were altered  to nail political opponents at all cost and render them political powerless and liability. Concerned Nigerians raised questions on the independence of the EFCC.

According to them, the fight against corruption is used by president Obasanjo to ensure at all cost that those opposed to his alleged tenure elongation agenda, were made to support his tenure elongation agenda or be hounded by the commission. Reports say that those in the political camp of the president, and who have continued to support his political ambition have continued to steal the resources of the country blind, yet the EFCC kept blind eye.

For instance, Senator Ibrahim Mantu collected money illegally from the PTDF account but his name was never mentioned. Mantu was indicted over failed hajji operations and the misappropriation of N400million. Mantu was fingered in the distribution of N50million bribe to senators. However, the issue of EFCC’s independence became a burden of proof. Former Commissioner of police, Alhaji Abubakar Tsav, then accused EFCC of been influenced by the Presidency. The question was who appoints the chairman of EFCC, and funds the agency?

Analysts argued the fact that since the commission is under the presidency, EFCC has no alternative but to follow the orders of the ‘Oga at the Top’; since he who pays the piper dictates the tune.

Those who opposed EFCC’s independence and style of operation claimed that in a situation where the EFCC takes orders from the presidency, there were no independence of the commission.

Before her sack, Mrs. Farida Waziri, immediate past boss of the commission disclosed that evidence available showed that the commission, under its former chairman, Mallam Nuhu Ribadu, was used as political weapon against perceived enemies of former President Olusegun Obasanjo.

She spoke in Abuja while receiving the National Conference of Black Mayors (NCBM) from the United States of America.

According to her, EFCC under Mallam Ribadu was characterised by weak administrative structures, lack of independence, absence of career path for officers, haphazard administration and investigation, non-compliance with the rule of law as well as human rights abuses and political interference.

“It is necessary to admit that in its formative years, the criticisms that had trailed the commission have been that; that it is political tool of the presidency and is arbitrary and selective in its investigations,” she said.

“Assuming Waziri is correct; did Ribadu prosecute any innocent Nigerian? This is the core issue because all the corrupt officials and looters of public treasury must either by OBJ's friends, enemies (real or perceived) or inconsequential for anyone to take notice,” a concerned social commentator queried.

Even though it was used for political purposes, the great majority of cases the suspects were guilty, prosecuted and served as deterrents. After Obasanjo, the EFCC in a matter of less than a year, and under Yar’Adua ruined the ‘great records’ of Ribadu. There were reports that the commission was literally ‘killed’ by the presidency of that term and some politicians close to the presidency who had issues with the commission were declared untouchables and attempt to arrest them caused Ribadu his job. But has the situation changed?

The chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Lamorde, recently in a public function dispelled all notions of interference in the work of the agency, asserting that the Commission works independently.

Lamorde settled the question of independence of the commission when he received the Director, Sub-Sahara Africa Department of the Netherlands Ministry of Foreign Affairs, Mr. Michael Stibbe and the ambassador of the Netherlands to Nigeria, John Groffen in his office.

 Lamorde stated that the Commission does it work independently and without any interference citing the prosecution of those allegedly involved in the fuel subsidy scam as example.

“We have enjoyed tremendous political goodwill. We charged the son of Bamanga Tukur, who until recently was the chairman of the ruling People’s Democratic Party (PDP), to court. We also charged the son of Ahmadu Ali, former chairman of PDP to court and a host of others”, he added. “If you look at the fuel subsidy thing, it involves people of high net worth… we try to do our best so that whatever we do, we are able to defend it”.

Earlier, while welcoming the envoys to his office, the chairman thanked the Kingdom of the Netherlands for their support to the Commission in the fight against economic and financial crimes.

 He solicited for more collaboration between the Netherlands and the Commission in the investigation of fuel subsidy cases as he stated that most of the cases have link to the Netherlands.

When asked by Stibbe about two key areas the Commission would want support from the Netherlands, Lamorde stated that strengthening the existing relationships between the Netherlands and the training of EFCC personnel were key. “We need to strengthen existing cooperation in terms of law enforcement activities. The other issue that is important for us is training,” he said.

Recalling some of the landmark achievements of the Commission, Lamorde told his guests that the Commission recovered and paid over $200 million to a Brazilian Bank, Banco Noreste, and $4.48 million to Julianah Ching of Hong Kong, in restitution. He assured the envoys that the Commission would continue to do its best to rid the society of economic and financial crimes.

To exercise its duty without interference, the commission was in Bayelsa last week and arraigns two Bayelsa State Government officials for allegedly defrauding the state of N14.7million fraud. Nobody could have expected that the commission would entered the state where the president comes from to make arrests of president’s kinsmen but on

February 28, 2014, the Commission arraigned the duo of Apiri Richard Tonye and Paul Charles before Justice Kate Abiri of the Bayelsa State High Court, Yenegoa, on a 4-count charge bordering on conspiracy and stealing.

The accused persons, Apiri Tonye, a former Head of Capital Expenditure in the Bayelsa State Accountant-General’s office and Paul Charles, former Accountant, Bayelsa State Directorate for Project Monitoring and Implementation allegedly diverted and stole about N14.7m meant for the monitoring and supervision of ongoing projects in the state. One of the charge reads ; “that you Apiri Richard Tonye and Paul Charles on or about the 3rd day of June 2011 at Yenegoa within the Yenegoa Judicial division did steal the sum of N9,000,000.00(Nine Million Naira) by means of a UBA Plc cheque number 37130876 dated 3rd June, 2011 and paid into Fidelity Bank Plc account number 4020748118 in the name of Tonye R. Apiri property of Bayelsa State Government and thereby committed an offence contrary to Section 317(5)(9) of the Criminal Code Law Vol. I C14 Laws of Bayelsa State of Nigeria, 2006”. The accused persons pleaded not guilty to the charges.

In view of their plea, the prosecution counsel, A.I Arogha asked the court for a date to commence trial but the defense counsel, M.A Akindolu and T.O.P Afagha (for the first and second accused persons) presented a formal application for bail and prayed that the accused persons be admitted to bail.

Justice Abiri granted the accused bail in the sum of Two Hundred Thousand Naira (N200, 000,000.00) and one surety each in like sum. The surety must be a level 14 Officer with Bayelsa State Civil Service.

The case was adjourned to the March 28, 2014 for hearing.

It would be recalled that operatives of the Economic and Financial Crimes Commission (EFCC) last year, picked up Ogala, the first son of former Chairman of ruling political party, People's Democratic Party (PDP), Ahmadu Alli.

His arrest was said to be part of investigations into allegation of fuel subsidy scam against him. He was alleged to have received fuel subsidy fund- and simply 'pocketed' it.

The first son of the powerful politician was accused of not importing any 'fuel' after receiving government money. It was reported that the PDP bigwig made spirited efforts to secure his son's release but all his effort failed as he was charged to court by the commission. 

Also arraigned by the EFCC is Mahmud Tukur, son of the National Chairman of the Peoples Democratic Party, Alhaji Bamanga Tukur, over N1.8billion fuel subsidy fraud. Tukur was re-arraigned alongside Ochonogor Alex, Abdullahi Alao, son of prominent businessman, Alhaji Abdulazeez Arikesola-Alao and Eterna Oil and Gas Plc before a new judge, Justice Lateef Lawal-Akapo of the Lagos High Court, Ikeja.

The case file of the defendants was transferred from Justice Adeniyi Onigbanjo to Justice Lawal-Akapo after the former was moved to the Commercial Division of the High Court.