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SATURDAY ESSAY: On Iwu and Ribadu at Kuru - Some Quick Thoughts & Recommendations
by
Mobolaji E. Aluko, PhD
alukome@gmail.com
Burtonsville, MD, USA
December 29, 2007
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INTRODUCTION
The current contrived tussle between the Presidency under Umaru Musa Yar'Adua and the Nigerian Police Force (NPF
http://www.nigeriapolice.org/
) under Inspector-General (IG) Mike Okiro as to who has authority
and/or power over Assistant Inspector-General of Police Nuhu Ribadu,
who is also the Director of the Economic Financial Crimes Commission
(EFCC
http://www.efccnigeria.org),
is an interesting one. The first fact to note is that Ribadu has a
legally-sanctioned four-year-tenure as EFCC Director, which latest
round started in April 2007. Granted DeGaulle's famous statement
that the graveyards are filled with indispensable people, we have the
second fact that no human being is indispensable in any position into
which he or she was not legally written in by name, and that we should
as a nation be building institutions and not personalities.
The third fact though is that the timing of Ribadu suddenly
being asked against his will to go on an eight-month study leave to
National Institute for Policy and Strategic Studies (NIPSS
http://nipsskuru.org/
) at Kuru - after which he can gloriously attach "mni" to his name -
is curious, very politically curious, coming so soon after:
1. the arrest of James Onanefe Ibori, ex-governor of Delta State, who
is alleged to be the most magnanimous financier of Umaru Yar'Adua's
recent presidential campaign;
http://www.nigerianmuse.com
/nigeriawatch/officialfraud/?u
=Ex_Governors_Ayo_Fayose_James
_Ibori_to_spend_Christmas_and
_New_Year_s_in_Kaduna_prison
.htm
2. the unfolding matter of Dr. Iyabo
Obasanjo-Bello/aka "Mrs. Damilola Akinlawon", over the
Schneider/Akiya/Awofisayo/Power Sector fiasco. Iyabo is former
President Obasanjo's daughter, and currently a member of the Senate.
http://www.nigerianmuse.com
/nigeriawatch/officialfraud/?u
=EFCC_Statement_The_Many_Sins
_Of_Iyabo_Obasanjo_Leadershi_
.htm
Clearly, the Inspector-General of Police Mike Okiro,
who himself was confirmed on the job not too long ago by Yar'Adua,
would not DARE to issue such a directive if it had not been cleared
with the President.
Nevertheless, one wonders whether it is not the Police
Service Commission that should issue such a directive and not the IG.
According to Third Schedule, Part I, Federal Executive Bodies
(Established by Section 153), Section M, Subsections 29/30 of the 1999
Constitution:
QUOTE
M - Police Service Commission
29. The Police Service Commission shall comprise the following members -
(a) a Chairman; and
(b) such number of other persons, not less than seven but not more than nine, as may be prescribed by an Act of the National Assembly.
30. The Commission shall have power to -
(a) appoint persons to offices (other than office of the Inspector-General of Police) in the Nigeria Police Force; and
(b) dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this paragraph.
UNQUOTE
In a sense, asking an AIG to proceed on study leave is a "disciplinary control", is it not?
MUST THE EFCC DIRECTOR BE A POLICEMAN?
The EFCC is a policing body like the Code of Conduct Bureau (CCB
http://wwww.codeofconductbureau
.com) and the
Independent Corrupt Practices and Other Related Offences Commission (
ICPC
http://www.icpc.gov.ng/),
both headed by a sitting judge (Judge Constance Momoh) and a retired
judge (Justice Olu Emmanuel Ayoola) respectively. Of the three bodies,
only the CCB is established in Section 153 of the 1999 Constitution.
However, by its separate establishment act, the EFCC is not required
to be headed by a police officer. Consequently, policeman Ribadu's
tenure at the EFCC should be seen as a SECONDMENT from the NPF, during
which time he should have been considered to have temporarily SHED his
police uniform until such a time that his tenure there has expired.
The difficulty of this line of thought of course is that
Ribadu was promoted three times along police ranks while ON THE EFCC
JOB during President Obasanjo's tenure, from Assistant Commissioner of
Police (ACP) at the beginning of his EFCC tenure
- to Deputy Commissioner of Police (DCP) in December 28,
2005 under IG Ehindero [for which Ribadu himself is reported to have
asked "How can you promote somebody who doesn't work for you? It is all
nonsense."]
- to Commissioner of Police (CP) in December 20, 2006 under IG Ehindero;
- to Assistant Inspector of Police (AIG) on April 10, 2007, again under IG Ehindero (see Appendix for reports.)
These acts have complicated this paradox of authority and
power between the NPF and the Presidency over Ribadu's EFCC
directorship. On hindsight, those promotions should NOT have
happened: any promotion along the ranks of the NPF should have been
done ONLY after Ribadu completed his secondment from the Police, even
if his salary were increased as reward for good service. However, the
rumor then was that Obasanjo was grooming Ribadu to become the
Inspector-General of Police, something that might have happened - to
the chagrin of the police hierarchy - if Obasanjo had succeeded in his
blind third-term ambition.
RIBADU AND THE EFCC
Ribadu's tenure at the EFCC (
http://www.efccnigeria.org/)
has been mixed. His personal drive and energy, and total dedication to
the job has given the EFCC the greatest profile, both domestic and
international, of the three-named commissions. The Advanced-Fee Fraud
aka 4-1-9 that blighted Nigeria's name internationally was tackled
aggressively and brought to within acceptable levels. A National
Financial Investigation Unit (NFIU
http://www.nfiu.gov.ng/
) to trace monies through banks - to get a handle on money-laundering -
has been established established. Nigeria has been delisted from
the non-cooperative countries table of the Financial Action Task Force on Money Laundering (
FATF
http://www.fatf-gafi.org/)
and slid away from being within the ten most corrupt nations in the
world annually published by Transparency International (TI
http://www.transparency.org/).
Even though the actual bringing to justice - and completion of
sentencing - of official crooks have not always been forthcoming, it
has been stated that the fear of the EFCC in Nigeria is the beginning
of wisdom of fraudsters.
Those have been the good high points for the EFCC.
It
was in the political arena when President Obasanjo used the EFCC to
frighten politicians - sometimes indiscriminately and selectively - and
Obasanjo's attempt to use EFCC reports and hastily-set-up
Administrative Panels to instigate the Independent National Elections
Commission (INEC
http://www.inecnigeria.org ) to disqualify "indited" politicians that the role of the EFCC got called into question.
That was the low point of the EFCC.
THAT WAS OBASANJO, THIS IS YAR'ADUA
But
Obasanjo is gone now, and his protege Yar'Adua is temporarily in,
courtesy INEC disastrous April 2007 elections, with election petition
tribunals still on in their hundreds to determine whether he shall
remain as president (or give way for either Atiku or Buhari), he and
dozens of state governors, as well as national and state legislators,
or alternatively have new elections.
The relationship between Ribadu and Yar'Adua can at best be
complicated. Both Ribadu and Yar'Adua are products of Obasanjo's
favor, and hence should be political brothers. On the one hand,
however, since being installed President, Yar'Adua has been acting in
a manner which suggests that he is prepared to dismantle many of
Obasanjo's legacies. The question is whether Ribadu will be
sufficiently interested in REALLY hurting Obasanjo's legacy - for
example showing enthusiasm in going after Iyabo Obasanjo-Bello. Thus
one might suggest that Ribadu is being moved is in preparation for
fully moving against Obasanjo. On the other hand, Ribadu's readiness
to move against Ibori, reputed to be the major financier of Yar'Adua's
presidential bid - and allegations that he is prepared to move against
Odili and others soon in the New Year - may have sent discomfitures to
Yar'Adua's camp, making it absolutely necessary to move fast against
him.
So is this a case on the part of Nuhu Ribadu of too much loyalty to Obasanjo, too little loyalty to Yar'Adua?
It is all complicated, is it not?
ENTER MAURICE IWU OF INEC
Both Prof. Maurice Iwu and Nuhu Ribadu have legally-sanctioned
tenures - five years for Iwu and four years for Ribadu. Iwu's tenure
ends August 2008 while Ribadu's own ends April 2011. Up until today,
President Umar Yar'Adua has indicated that he himself has concerns with
Iwu's handling of the elections, admitting publicly at every
opportunity that they were FLAWED, while we have not heard too much
publicly any word of complaint from him - outside that of his
Attorney-General - against Ribadu.
So if he can affect tenures as he is doing with Ribadu, why
not do the same against Iwu, against who there have been asking for his
removal?
There is also a strong public sentiment to retain Ribadu, warts and all, in his present job as EFCC Director.
So could Yar'Adua kindly rather:
1. send Maurice Iwu to Kuru for the rest of his eight-months on the job, so that he does not ORGANIZE a single new election?
2.
allow (as has been ingeniously suggested) Ribadu to take the Kuru
courses during the week-days with Information-Technology enablement,
and go to Kuru only over the week-ends ? Ribadu can even be allowed to
complete the course over eighteen months rather than the traditional
nine months, thank you. This long-distance learning can even be
arranged via the National Open University of Nigeria (NOUN) as a
speacial program, can't it?
Professor Umaru Musa Yar'Adua consider these suggestions, coming from another professor-colleague.
EPILOGUE
This Ribadu moment may be a defining one for Yar'Adua, where he shows his true hand and color both in fairness and his
fight against corruption. Who knows whether a replacement to
Ribadu will have a freer hand to go after crooks un-impaired and
un-encumbered by old allegations? Who knows whether a Kuru-graduate
Ribadu will return as Inspector-General of Police and use his dynamism
and energy to repair the dented image of the Nigerian Police itself?
Who knows?
We shall see how it pans out.
Season's greetings
APPENDIX: Ribadu's Promotions
Police get two new AIGs, confirm Ribadu DCP; From John-Abba Ogbodo, Abuja
THE GUARDIAN 29/12/2005
THE
Nigeria Police Force yesterday announced a major shake-up in its top
echelon, with the redeployment of 20 senior officers across the
country.
The force also announced the confirmation of the Chairman of
the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu
and the Principal Staff Officer (PSO) to the Inspector-General, Solomon
Arase, as Deputy Commissioners of Police (DCP).
A statement by the Force Public Relations Officer (FPRO), Haz
Iwendi (Deputy Commissioner of Police), disclosed that the Police
Service Commission (PSC) also approved the promotion of John Ahmadu and
Emmanuel Anuniru to the rank of Assistant Inspectors-General of Police
(AIGs).
Ahmadu was until his promotion, commissioner of police in
Kaduna State while Anuniru was commissioner in charge of security and
intelligence.
According to the statement, Ribadu and Arase have been confirmed as deputy commissioners of police.
Iwendi also said as part of strategies to further beef up
security in the country, the Inspector-General of Police, Mr. Sunday
Ehindero, had effected redeployment of 20 senior police officers, in an
exercise that produced the first female state commissioner of police.
The details of the exercise showed that AIG Adedayo Adeoye,
formerly in charge of Zone 8, Lokoja, now moves to Zone 2, Lagos as AIG.
Ahmadu
was moved from Kaduna as CP to Zone 8, Lokoja as AIG; Anuniru from
security and intelligence as CP to Police Academy as Commandant and
Richards Chime from Akwa Ibom as CP to Plateau in the same capacity.
Others affected are Azubuko Udah, who leaves Benue State as CP
for Akwa Ibom in the same position and Emmanuel Adebayo, formerly of
Federal Operations, moves to Lagos as CP.
Also, Kefas Gadzama
moves to Training "E" department as CP while Emmanuel Ezeozue leaves
Special Anti-Robbery Squad (SARS) as CP for Police Staff College, Jos,
as co-ordinator of courses. From Abia State, A.T. Gaya has been moved
to 'F' department as CP.
Also, Ibezimako Aghanya moves as CP, administration operation, to Benue State in the same capacity.
Charles
Akanya was transferred from Force Headquarters as CP administration to
Abia as CP, while Samuel Fabelurin, formerly CP in charge of
administration in 'E' department, is now CP Force Quarter Master (FQM).
Also, Moses Anegbode moves from Police College, Maiduguri as
commandant to Anambra as CP; Oliver Osuchukwu moves from special duty
as CP to Police College, Maiduguri as commandant; CP Sylvester Aragba
moves from headquarters to presidential escort/special duties as CP.
The others are CP Johnson Uzuegbunam who moves from National
Institute of Policy and Strategic Studies (NIPSS) to Force Headquarters
as CP, Welfare; M.D Abubakar, also of NIPSS, moves to Kano as CP; S.B.
Pakai from Police Academy to Ogun as CP while Edgar Nanakumo is
transferred from War College to Kaduna as CP.
The only female beneficiary among them is Mrs. Ivy Okoronkwo who moves from NIPSS to Ekiti State as CP.
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Ribadu, Iwendi to commissioners of police
Banjo Alabi and Jacob Segun Olatunji, Abuja - 20.12.2006
PRESIDENT Olusegun Obasanjo has approved the promotion of the Chairman
of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu
Ribadu and the Force Public Relations Officer, Mr. Haz Iwendi, to
commissioners of police.
Other deputy commissioners promoted are Adebayo Ajileye, Force Armament
Officer; Solomon E. Arase, Principal Staff Officer; Columbus Okaro,
Commissioner of Police, Legal.
Also, seven Assistant Commissioners of Police were promoted to the rank
of Deputy Commissioner of Police, while four Chief Superintendents of
Police were elevated to the rank of Assistant Commissioners of Police.
Meanwhile, the Inspector General of Police (IGP), Mr. Sunday Ehindero,
has charged the newly promoted officers to continue to maintain high
standards. In another development, 20 commissioners of police have been
redeployed in line with the desire of the force to reposition itself
for the 2007 general election.
The affected officers and their new postings are as follows: Abubakar
Sardauna, from Jigawa to Zamfara; Saleh Abubakar from Zamfara to
Jigawa; T. Gaya from Bauchi to Ebonyi; Paul S. Iseghohi from Ebonyi to
Benue; Sheu A. Babalola from 'E' Dept. Force Headquarters (FHQ) to
Borno; Atinuke Koyi from Lagos to Ekiti; Aliyu Musa from Katsina to CCR
FCID; Mohammed Sambo, Adamawa to Railway; Abubakar Mohammed, from Borno
to CPTRG FHQ; Joseph Ibi, from 'E' Dept. FHQ to Gombe; Felix Ogbaudu,
from NIPSSS, to Rivers State; Mohammed Yesufu, from NIPSS to Bauchi;
Ibezimako Aghanya, from Benue to special operation, Federal Capital
Territory (FCT); Aloysius C. Okorie, from Border Patrol to Adamawa;
Moses O. Anegbode, provost FHQ to Akwa Ibom; Donald O. Iroham, from
Ondo to CP FED.OPS; Atiku Y. Kafur, from Gombe to ADM, FHQ, Abuja;
Mohamed H. Zarewa, Special Duty to provost Marshal Abuja; Godwin Chime,
from OPS Annex Lagos to CP cooperative and Elizabeth Ayo Eromie,
Cooperative to CP 'F' Dept.
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FG extends Ribadu's tenure Promoted AIG
Wednesday, 11 April 2007
President Olusegun Obasanjo yesterday extended the tenure of
the chairman of the Economic and Financial Crimes Commission (EFCC),
Mallam Nuhu Ribadu by another four years, even as he was promoted from
the rank of a Commissioner to Assistant Inspector General of Police
(AIG) effect from yesterday. The EFCC boss was only recently promoted
to the rank of a police commissioner.
The president who spoke, during his meeting with stakeholders
on the economy, at the Banquet Hall of the State House commended the
good work of patriotism done by the EFCC chairman and other members of
the commission. "The chairman of the EFCC, Nuhu Ribadu's tenure has
been renewed and extended. Not only his tenure is extended but, based
on the recommendation of the Inspector General of Police (IG), has also
been promoted to the rank of Assistant Inspector General of Police
(AIG) from today", he disclosed.
According to him, as a way of going on with the reforms, the
EFCC must continue with its good work. And those (leaders) coming
behind must ensure that they provide the political will to carry out
the task ahead. Speaking after a presentation by the Minister of
Energy, Chief Edmund Daukoru, the President described as unacceptable
the granting of concessionaire rights to 18 private firms to take over
the operations of the Power Holding Company of Nigeria (PHCN). "18
companies in the power sector is a little wieldy. There is a need to
harmonise and get something more compact and move on. The
concessionaires must be ready to put money into the sector".
He called for an immediate "drastic reduction in the number of
the concessionaires so as to make it more compactable for better
performance". Obasanjo insisted that any firm wishing to have such a
concession or already enjoys such incentives must be willing and ready
to make a commitment in the maintenance and running of the
infrastructure in the power sector.
The president also summed up the presentation of the Central
Bank of Nigeria (CBN), Governor, Chief Charles Soludo when he stated
that his government and indeed Nigeria has been able to achieve high
level stability in the country's foreign exchange rate which has
remained very stable in the past few years. Another major economic
achievement in the financial sector, according to the President is the
internationally acclaimed consolidation of the banking sector;
expressing hope that "the CBN Governor is not facing out and you heard
what he said about what needed to be done in the next few years". He
said that the Nigerian economy now has a direction. "For the first time
in the history of Nigeria we know where we are going and this is very
important. Almost all the presenters have continued to refer to 2020".
"Some of the reforms are already working while others are yet
to yield results. And the reforms must be continued; otherwise, the
entire exercise in the past eight years will be in futility. We need
continuity of the policies and programmes. We need to continue with the
reforms; he noted. Presentations were made by the ministers of Commerce
and Industry, Aliyu Modibbo on Commerce 44: Foundation for a Non Oil
Sector Economy; Finance, Nenadi Usman (Nigeria : the Emergence of a
Thriving Global Economy); Energy, Edmund Dakouru, (Resolving the Energy
Crisis in Nigeria , the Obasanjo Years); Mines and Steel Development, (
Nigeria 's Emerging Minerals Sector).
Other presentations were by the minister of National Planning,
Abdalla Wali, (Review of NEEDS I and Strategic Framework for NEEDS II);
the minister of state for Agriculture and Water Resources, Bamidele
Dada, (Review of Nigeria's Agriculture and Water Resources Sector
1999-2007), as well papers delivered by the governor of Central Bank,
Chukwuma Soludo and the Managing Director of the NNPC, Funsho
Kupolokun.
In a statement signed by the Secretary to the Government of
the Federation (SGF), Chief Ufot Ekaette, also said "the extension is
for another term" of four years.
Ribadu had through EFCC carried
out a number of anti-financial crimes operation which made many people
applaud the integrity of the Commission. Prominent among the scams he
handled were the multi billion dollar scam involving Chief Emmanuel
Nwude and his collaborators against a Brazillian bank at which EFCC
successfully prosecuted and recovered much of the money made from the
illicit business and returned to the owners. Also, the alleged stealing
of over N50 billion by former Inspector-General of Police, Mr. Tafa
Balogun and the recovery of the money as well as other high-profile
scams bursted by his outfit.
However, the controversial indictment by the Commission is the
one in which a number of prominent Nigerians including Vice-President
Atiku Abubakar were among. While EFCC insisted they were right, those
indicted claimed witch hunts and the muzzling of the Commission by
President Olusegu Obasanjo. Consequent upon his exploits, a number of
international agencies and foreign counties have given Nigeria clean
bill of health over the handling of illicit money in the country since
the inception of EFCC under Ribadu's leadership.
By Daniel Idonor culled from the Champion Newspapers
Posted by Robot| 30.12.2007 02:16