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MID-WEEK
ESSAY: A bungled "Kuru-Gate" Move to Shunt EFCC's Nuhu Ribadu
Aside Makes His Position Stronger
by
Mobolaji E. Aluko,
PhD
alukome@gmail.com
Burtonsville, MD,
USA
January 3, 2008
INTRODUCTION
I have played Chess long enough in my life to understand
that you must play BOTH your pieces with your hands AND your opponent's pieces
in your head well if you wish to have any chance of winning. It is
this simple principle of not playing two games well at the same time that has
now led to this "Kuru-Gate" in connection with the detractors of
EFCC's Nuhu Ribadu.
It appears that some people somewhere between the Presidency
(including the Attorney-General's Office), the Nigerian Police Force and
(possibly) some Ex-Governors' Solidarity Forum have been working
feverishly hard to solve the "Nuhu Ribadu @ EFCC" problem. They
got rather desperate with the year running out; with more alleged
fraudsters being hauled in in the dying hours of 2007; with a serious hint of
fraud on the part of the ex-President's daughter; and more being lined up to be
hauled in in the wee hours of the New Year 2008.
Unable to fire Ribadu for good cause as stipulated by the EFCC establishment
act, the "conspirators" alighted on two viable options:
- the legal option of stating that he had not been formally
confirmed by the Senate, and was thus vulnerable;
- the study leave course option of sending him off to Kuru and
thereby loosening his grip on EFCC operations.
The legal option was not quite tenable: Ribadu having been extended
for four more years by the departing Obasanjo in April 2007, Yar'Adua either
re-presented Ribadu - thereby indicating support for him - and hoping that the
Senate REJECT him. Or else Yar'Adua would have to pull Ribadu's
nomination altogether, which would be a unprecedented repudiation of Obasanjo
appointment.
With this option, the possibility that a hot-headed Ribadu would voluntarily
resign lurked teasingly in the wings.
The only other option, the study leave option, proved to be a winner
of sorts for a season, hatched most likely by Attorney-General Aondoakaa, sold
(most probably) to SFG Baba Gana Kingibe and then to Umar Yar'Adua himself, who
then asked what Inspector-General Mike Okiro thought about it, whereupon Okiro,
eye-brows upturned, stated that "You are the Boss, Sir! Your wishes
are my command."
And that option was quickly set in motion.
A MISCALCULATION
It was a miscalculation, for it started a firestorm. The problems here were two-fold:
- the public. Despite apprehensions and reservations about
Ribadu's performance under the latter portion of Obasanjo's tenure - with
suspicions and outright evidence of Ribadu acting as some kind of political
hatchet-man - it appears that the public was prepared to recognize the
bad influence that Obasanjo must have been on Ribadu, and were ready to
forgive, if not forget his excesses, on balance. Nigerians overwhelmingly
regard kleptomanic corruption as the most single factor responsible for
Nigeria's parlous economic and social state, despite so many years of oil
revenue, and are ready to acknowledge Ribadu's role in putting some fear in
some minds. Vocal support by Soyinka, Fawehinmi, Falana, civil society
organizations for Nuhu and condemnation of the ill-timing of the Kuru move -
and alleged interventions by the international community, whether real or
imagined - did not hurt.
- Ribadu himself. Uncharacteristically "missing" from the
public eye during this period, but probably pulling the political and media
strings in the background, the concern was as follows: "Would Ribadu
simply REFUSE to go to Kuru, rebelling against the NPF; or would he go to Kuru
quietly, like a sacrificial lamb and what would that that mean to his EFCC
directorship? Would an unprotected Ribadu come out of Kuru alive?"
Or would he, as his detractors hope, resign, rather than go to Kuru?
AND THE ANSWER IS....
The answer to all the above speculations of is now out (See Punch report in
the Appendix, and Ribadu's carefully-crafted statement), after taking probably
the best advice of an orchestra of activist lawyers in the country that his
tenure is fully statutorily protected and that his presence at Kuru away from
Abuja for known periods of time would not be a violation of anything.
Consequently:
- Ribadu could go to Kuru quietly;
- he would not have to resign his EFCC directorship;
- he would let the Law and the Public dictate how he
could be both Executive Student and Executive Director at the same time,
whether through both on-campus/long-distance study as well as week-end EFCC
activity. After all, he has never, as EFCC Director, been
needed to manacle any "arrested" fraudster. Furthermore,
Ribadua might simply announce a Deputy Director (Ibrahim Lamorde of EFCC? Not
to be confused with his future course-mate ACP Titus Lamorde of Ports Authority
! I is different from T, thank you.) to take up his slack as
he shuttles between Kuru and Abuja..
That is the DRAMA that will unfold in the coming days.
It would be fascinating to watch, who will announce "Checkmate!"
Happy New Year. 2008 promises to be very interesting.
APPENDIX
PUNCH
Friday, 4 Jan 2008
Ribadu
accepts study leave
Tony Amokeodo and Oscarline Onwuemenyi
The Economic and Financial Crimes
Commission Chairman, Mallam Nuhu Ribadu, on Thursday accepted to attend the
nine – month course at the National Institute for Policy and Strategic Studies,
Kuru, Plateau State.
The EFCC, in a statement by its
Head of Media and Publicity, Mr. Osita Nwajah, said as a loyal citizen and
public servant, Ribadu had no problems with the training.
The commission, however, said the
debate generated by the recommendation of the Inspector-General of Police, Mr.
Mike Okiro, to have the EFCC chairman undergo the training only opened a window
of ‘blackmail’ for those against the agency’s activities.
The statement titled No conflict
over NIPSS reads, “In the past few days, the EFCC as well as its Executive
Chairman have been the subject of intense media debate generated by the
decision to send Ribadu on a course at the NIPSS.
The Commission has, however,
refused to be drawn into the public debate.
“EFCC now wishes to clarify that it
is the position of the Commission that government can send any public officer
on training to enhance his or her performance and continued service to the
nation. And, as a loyal citizen and public servant, the opinion of Ribadu is
not any different from the expressed position of the commission.
“It is however worrying that the
NIPSS debate has opened a window of blackmail and calumny for many of those who
disagree with the commission.
“This group has routinely planted
stories in the media, which they make-believe as being sponsored by the
Executive Chairman, in an attempt at discrediting the authorities, especially
Mr. President.
“The stories which have explored
all sorts of high- wire politics scenarios and power tussle permutations are
calculated at presenting the Executive Chairman as being in conflict with Mr.
President and the leadership of the Nigeria Police Force. Nothing can be
further from the truth.
“Further, the commission wishes to
deal with the insinuation being peddled in certain quarters that President Musa
Yar’Adua is interfering in the work of the commission.
“The commission hereby puts on
record that the President has never interfered in the work of the EFCC and has
supported the commission‘s resolve to bring to book, all who have committed any
of the crimes identified in the EFCC Establishment Act (2004) and all other
laws that the commission is mandated to enforce.
“The Executive Chairman, EFCC,
wishes to seize this opportunity to assure Mr. President, the leadership of the
NPF and indeed, all patriotic Nigerians, of his absolute loyalty and dedication
to the service of our fatherland.
“It bears restating here that as a
loyal public servant, Ribadu has no problem with the decision of Mr. President
on the recommendation of the IG to send him on a self-improvement course at the
NIPPS.
“Any story that suggests otherwise
is only meant to cast him in the bad light of an unnecessary antagonist against
government and the Police high command and should be discounted.
“The commission wishes to thank the
general public for the tremendous support it has received in the discharge of
its duties.”
However, before the EFCC’s
statement, a coalition of civil societies in Nigeria on Thursday urged Yar’Adua
to make a categorical statement on Ribadu’s status.
The coalition argued that since
Ribadu reports to the President and not the IG, Yar ‘Adua was the only one
empowered to clarify his status in the EFCC.
They also asked the President to
defer Ribadu‘s nomination for the course till the completion of his national
assignment at the anti-graft agency.
The civil societies spoke in Lagos
during a press briefing on the ongoing controversy over Ribadu‘s study leave.
The President of the Coalition
Against Corrupt Leaders, Mr. Debo Adeniran, read a statement on behalf of the
group.
Some of the personalities present
at the occasion included the President of the West African Bar Association, Mr.
Femi Falana, the President of the Committee for Defence of Human Rights, Mr.
Olasupo Ojo and the Executive Director, Socio-Economic Rights and
Accountability Project, Mr. Adetokunbo Mumuni.
Others are the Ikorodu Branch
Chairman of the Nigerian Bar Association, Mr. Nurudeen Ogbara and President of
the Africa Open Society Justice Initiative, Dr. Chidi Odinkalu and the
Executive Director of Action Aids, Mr. Otive Igbuzor and the Executive Director
of Ajegunle Community Project, Alhaja Raliat Daranijo.
A former Lagos State
Attorney-General and Commissioner for Justice, Prof. Yemi Osinbajo (SAN), was
also in attendance.
Faulting the steps taken so far on
Ribadu‘s tenure, the groups insisted that the directive on study leave was at
variance with Section 2 (2) of the EFCC that made Ribadu‘s tenure a full time.
The section says, “The members of
the Commission, other than the Chairman and the Secretary, shall be part- time
members.”
The coalition also said, ”Is Ribadu
being removed? Asking a tenured officer to proceed on study leave with
immediate effect would sound like a poorly devised smokescreen to mask a
removal, especially given the steps taken so far by the Attorney-General of the
Federation in relation to the EFCC.
“The President needs to bring some
clarity to this for the people of Nigeria, otherwise he leaves Nigerians with
no other option than to read bad faith into the actions carried out thus far.”
”Regardless of whether or not he is
being removed, his absence from office is being forced. Is this legal?”
Commenting on why the President
must exercise his power on the matter, the groups said, ”The EFCC Act states
that the Chairman of the Commission reports to the President (not the IG who would
like to ‘develop‘ him) and that the President can indeed remove him for
inability to discharge the functions of his office or for misconduct or if the
President is satisfied that it is not in the interest of the public that the
chairman should continue in office.
”It is time the President, to whom
Ribadu reports, told us unequivocally for which of these causes Ribadu is being
removed or sent somewhere else for a whole year.
”Mr. President should reassure
Nigerians that his government understands that allowing the incapacitation of
the EFCC would be tantamount to shooting ourselves in the foot.
”He needs to reassure Nigerians
that he will not allow the crippling of the country in this manner capable of
demonstrating to the world at large that perhaps the improvements in Nigeria
thus far are a sham.”
The coalition further insisted that
self improvement for Ribadu (through a course) could not be considered a higher
order of priority than allowing the EFCC boss complete his renewed four year
tenure.
According to the group, the wish of
majority of Nigerians was that the continued stay of Ribadu in EFCC was more
important than a course.
The groups also faulted the timing
of the course, saying that, “The timing of these announcements, after the
arrest of the former Delta State Governor, Mr. James Ibori, raises eyebrows and
fuels the murmurs that perhaps the changes sought are politically – motivated
and calculated to save one considered to be major financier of the Yar‘Adua
presidential campaign.
“Tampering with the tenure of the
EFCC chairman in contravention of the provisions of the EFCC Act does not build
but damages the institution.”
The groups further said that the
confusion being generated by the conflicting statements on anti-corruption
stance of Yar ‘Adua‘s administration seemed to betray both absence of coherent
vision and effective plan of action.
The groups gave the underlisted
reasons for the President to call the police authorities to order on the
matter:
- They have flouted due process and
legality in the process of trying to make the EFCC follow due process and
legality. Is that not absurd? They are betraying other agencies besides that of
ridding Nigeria of corruption. The rule of law rhetoric is now just that,
rhetoric;
- Can you successfully change the
EFCC and sustain the momentum it has built in the fight against corruption by
removing its leadership and redeploying its key personnel at the same time?
That surely flies in the face of conventional wisdom and the President would be
well advised to ensure that it does not happen;
- The dominant voices that have
spoken so far in the war are that of the AGF and now the IG. The authority of
the President to lead in such pivotal matter should not be diminished by anyone
and so, Mr. President, is hereby encouraged to answer the pertinent questions
raised about the process and legality of his actions on this matter; and
- The steps taken so far are
capable of leading Nigerians to question the objectivity of the administration
on this matter.”
Though the groups agreed that
Ribadu was not indispensable, they insisted that his leadership qualities were
crucial to the success of the commission.
On the study leave, the groups
said, ” As for the current saga of a forced study leave or a merger of EFCC
with other anti-graft institutions without following due process or by
resorting to illegalities, the persons concerned are hereby advised to take
this statement as firm desire by Nigerians to ensure that the nation is not
deprived of the benefits that have suggested that Ribadu‘s nomination for a
course at the NIPSS be deferred till the completion of his national duty as
Nigerians believe that so far, he has proven himself to be the man for the job
at EFCC.”
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Authors 
Posted by Robot| 04.01.2008 11:14