BETWEEN THE ATTORNEY GENERAL AND THE EFCC. 

By Peter Claver Oparah.

In the wake of the fight between the Attorney General of the Federation (you may say, the Yar’Adua government) and the EFCC, I decided to ignore the tantrums and the brickbats the supporters, the operatives, the spin contractors and the propagandists of both sides of the fight hauled freely as the battle rages. My stance is that this war is a domestic battle for forts in the Yar’Adua presidency than any battle for the well being of poor, hapless and famished Nigerians. I don’t know what to make of the person and disposition of the Attorney General but I won’t subscribe to the lame and infantile blackmail of the EFCC propagandists and media lobbyists that operate on the wonky logic that whoever does not approve of their Gestapo and value-laden style of operation is either corrupt or supports corruption. I find so abhorrent the attempt to question the competence of Aondoaka to be the AGF on the reasoning that he handled the cases of the victims of the point-and-kill fight Ribadu did for Obasanjo, which served as a precursor to the wholesome fraud that was visited on the entire nation last April. I think such partial reasoning worked wonders for them as they became the hunting dog for Obasanjo and his PDP as the full scripts of their wholesome gerrymandering of the nation’s political system unraveled. But it is not working with Yar’Adua, torn between donning the hypocritical cloak of integrity sown for him by dubious tailors and ploughing the mine-laden paths carved for him by his sly predecessor.     

I rather wanted both sides of this obvious power game to fight themselves dirty and free Nigerians from the nuisance value they helped entrench in Nigeria before and during the fraudulent elections of 2007. I won’t take sides between the combatants because they belong to the same nest that has hobbled our aspirations to greatness especially in the bizarre eight years of locust invasion that stands out for the horrible fissures it inflicted on Nigerians while uncensored debauchery reigned. From what we have been able to see and from the propaganda that has spewed forth so far, this is a battle between estranged factions of the Obasanjo School of mischief that produced Yar’Adua. The AG may just represent one faction but certainly not the head of the faction that seems to have the upper hand with Yar’Adua. As I don’t see anything wrong in fighting corruption, I wonder why some people who live on the lie of being rare saints in a cesspool of corruption, even with all the jarring dirty entrails that strut them like malignant shadows, are developing skin pain on the mere suggestion that judicial due process be followed in the prosecution of those allegedly labeled as corrupt in the land of unseemly irony Obasanjo bequeathed to us. Who stands to lose if the EFCC operates within the ambits of law, as espoused by either Aondoaka or anybody else? Why are the EFCC and its propagandists so lethargic of following the dictates of the law that they always relapse into their dry blackmail of those that support corruption at any time their scruples are called to question? 

Beyond this fight for self-interest, Nigerians have not lost sight of the fact that Nuhu Ribadu and his cahoots in the EFCC are being faced with the possibility of extinction in their belief that corruption is a matter of sickening selectivity that should be prosecuted with all political brain waves in full rave. For all the shuffles and body languages exhibited so far by this government, Ribadu is an unwelcome guest and every day he stays tight, choosing to ignore the obvious sign languages from this government he helped fangle through the most bizarre corrupt manner, he stands the risk of being publicly ridiculed, no matter how much he cashes on some Nigerians’ penchant to selectively approach the issue of anti-corruption in the defeatist reasoning that a rotten morsel of bread is better than none. While this fight lasts, the ends of anti-corruption is least served, as was the case in the eight years the Obasanjo regime employed anti-corruption as a self-serving mantra to embellish his dubious and graft-ridden regime. Not that I expect anything positive from the Yar’Adua regime as it concerns battling corruption because Yar’Adua emerged through a process that was corruption personified and here, Ribadu and his EFCC played a condemnable hatchet role that hugely compromised him and the EFCC and prepared them for the degrading treatment they are getting today.  

But I really do not know what problem some Nigerians have with the EFCC reporting to the Attorney General or deferring to the AG’s office in prosecuting cases of corruption, supposing its partisan approach to the issue is tolerable. If we agree with them that the EFCC should not report to the AG, pray, to whom will the EFCC report to in its duties? I have heard so much horrible farce in the arguments of the pro-EFCC jingoists and perhaps, they would wish Nigeria creates a fourth tier of government called the EFCC and give it a seamless license to ride rough shod over the law on any matter that tickles the fancy of whoever commissions them, as was the case during the siege Obasanjo imposed on the country. And why not? Was it not before our very eyes that EFCC trampled on the laws of the land to hunt state governors on the whimsical allegations of corruption, even with more glaring cases of corruption against those that commissioned it for those deadly jobs shoveled under the carpet? Have we forgotten how the EFCC manipulated and horribly desecrated the laws of the land in the hunt for Obasanjo and PDP’s enemies and were so brash and unperturbed of the implications of such reckless perversion on the fundamental rights of the people? Have we forgotten how EFCC chose which law and which court to obey and which person to prosecute in a most audacious fashion that stood the laws and statutes of the land on their heads? Perhaps, the EFCC and its spin masters thought we bought into their nauseous hocus pocus of fighting corruption when it criminally left out the higher deck of the very people that looted our resources these past eight years and went after petty thieves that express diverse political opinions with those of their masters. 

Methinks such contradictions the EFCC brought to bear on what it fancies itself as doing prepared the ground for the dog fight of the present and the realization that no meaningful progress would be made with such hypocritical commitment to fighting corruption should be the guide towards the insistence that legal due process must be satisfied in the prosecution of suspected culprits in cases of corruption. The choice of Aondoaka as the AGF, I believe, was not accidental and what he is doing with the EFCC presently is not accidental. Whether his insistence that the EFCC should follow due process in the trial of alleged corrupt people would translate to giving cover to corruption in the long run, as the EFCC spin doctors would have us believe, is a matter of conjecture. If this is the case, then the manifest lesson is that the fight against corruption is abhorrent of the universal canon for rule of law. That way, the essence of law and justice is lost and the rule of the cave, the type that has sustained the EFCC thus far, should be promoted in place of the rule of law. But we should not loose sight of the defining fact herein, which is that from the absolute license of persecuting whomsoever it wishes to, the EFCC has found itself on the loosing ends of a protracted power struggle and all is fair in this fight of a lifetime. Even as it revels of having got the AGF revert his earlier decision of EFCC reporting to him before prosecuting anyone, it will have to live with the wrestling with the AGF over prosecutorial rights, as happened in the Kalu case and so far as law is law and not a piece of wretched logic written and promoted by Obasanjo and Ribadu, EFCC will lose this wrestling contest. Kalu’s case is a foretaste of the larger battle that looms ahead.  

Beyond all these however, is the issue of the shortcomings and partisanship that shroud the operations of the EFCC. These were well highlighted in the open petition Lagos human rights lawyer, Festus Keyamo addressed to Yar’Adua last month. What is becoming clearer is the fact that the EFCC, as operated by the Obasanjo regime, was a political hunting dog bugged by acute hollowness, which was why it depended more on strong-arm tactics and acute lawlessness to muscle its way through the helplessness of a citizenry that is still being held on leash by militicians and their ramparts. EFCC still carries the hangover of the Obasanjo tactics of working to the question from the answer and it is still affected by the sparse rigors and acute propaganda that fires its operations so far. That is why an anti-corruption agency finds the klieg light so irresistible that it does not fancy itself operating without a generous dose of publicity. These were employed to vitiate the obvious shortcomings of the EFCC as well as its capacity to assemble convincing evidences against its targets. In his frustration, the EFCC was to turn its fangs to the judiciary when Ribadu made the bland statement that judges are corrupt, possibly to justify his inability to get convictions in cases he had already judged and indicted. This was after he had made similar allegations against the press, which has remained resolute in questioning his sense of objectivity; needed pre-requisite in fighting corruption. At a time, the only “non-corrupt people” in the land were Obasanjo, his menservants, his hirelings, the PDP and of course Ribadu, who between them handled over 85 per cent of the trillions of Naira from an eight year oil boom and several trillions of Naira from sundry other fonts in eight years, without any achievement on ground. Ribadu was merely selling ice to Eskimos as he wafted through the well-expressed doubts among Nigerians that this dirty paradox will suffice for an anti-corruption war, when in essence; corruption thrived under the Obasanjo years more than it ever did in the history of Nigeria. 

This remains the reason why over a year after the EFCC ‘convicted’ 32 governors in the last dispensation of corruption, it is still beating about a self-created bush of duplicity, three months after these governors left power. This accounts for why EFCC conveniently chooses which corruption lead to go after and which to leave out, which person to prosecute and which to leave out. This is the reason why EFCC operates under a standard guideline, which ensures that Obasanjo and his cahoots, either in his party, or his government are not subjected to any probe or prosecution, no matter the weightiness of their misdemeanors. What determines the mode of operation of the EFCC presently is so whimsical and so tentative that it can only endure in a jungle. I think it was this soft underbelly of the EFCC that the other faction of the AGF/EFCC war poached, hence its upper hand in this dog fight.   

Pray, what makes the EFCC think that their approach would survive the Obasanjo years of infamy and deliberate perfidy? What made them think that any other president with the flimsiest streak of honour will retain its vindictiveness and shoddy fight against corruption? What convinced them that we need this tokenistic approach to fight corruption when, with the right institutional framework, the right people and of course, institutional independence, we would do better?  Have we wondered what would happen should we have institutional framework that identifies and deals with corruption without recourse to the porous mindset of a few vindictive agents of the state, who do not believe that such work requires the highest level of objectivity to pull through? Have we wondered what would happen when we have a thorough and painstaking approach that is averse to skewed interpretation and execution in dealing with corruption? Of course such an approach would certainly disavow the stomping into any state government house with a platoon of mascots and lawless fiends once any governor disagrees with his imperil majesty but would only work on cases of provable evidence of corruption. Of course, such a process will not approve of corruptly compromising state assembly members, blackmailing and co-opting them forcefully into removing governors just because EFCC is bereft of evidences, except satisfying the political whims of its master and his dark wishes. Of course, such an approach will not grow intrinsically paranoid of judicial due process and rule of law in getting conviction. Of course, such a procedure will not tolerate wishy-washy appeal to mob sentiment but would operate with facts and nothing more to deal with cases of misdemeanor.  

What value does a Nuhu Ribadu that rebuffed the attempts by the Ken Nnamani Senate to free it from the vice grip of a vindictive presidency stand to add to the real fight against corruption that does not tolerate preferences and does not operate on the whims and idiosyncrasies of anybody in power? This is a critical question that needs to be answered as we wobble and fumble through the valleys of intractable regime of graft that deepens with each passing day and with each profuse but empty profession of commitment to battling with it. A sneak preview of how the previous regime fought corruption is the present Ettehgate scandal, involving one of the leading angels of the Obasanjo era, Mrs. Patricia Etteh. This exposes a cocktail of fraud, duplicity, contradictions, lies, horrible paradoxes, the very one that fired Ribadu’s anti-corruption war and the entire Obasanjo eight years pestilence.  

However, what the present tango brings out is that the fight against corruption needs be institutionalized and taken far away from one person, his foibles and weaknesses. It needs to have a clear-cut guideline and procedure that identifies cases of corruption, the culprits and the ways to deal with them. It has to be grown beyond the whims of one person or his principal and must not fall far below the standard of judicial due process. For it to convince, it must be blind and adopt a value-free approach that frees it from the accusation of partiality. That done, we, as a nation, need to break it down to graspable credo and a worthy doctrine that needs no further drive to register in our collective psyches as a people. So let this war continue. From its rubbles, the nation will certainly come out with a better approach to fighting corruption. The name-callings, blackmail and hysteria are all parts of the war and more of the natural reactions of a faction that has lost it in a war for control over the Yar’Adua show. 
 
 

Peter Claver Oparah.

Ikeja Lagos.

Robot  Villager

# 1 BETWEEN THE ATTORNEY GENERAL AND THE EFCC....Read the full article. Posted by Robot| 19.09.2007 00:41

126Soldier  Villager

# 2 Perfect analysis of the situation. May I please beg you to recognise OBJ's new national honour in your future posting. He is the '2 Time Most Corrupt and Lawless Nigerian Head of State/President' Gen. Olusegun 'The Shame' Aremu Obasanjo. we need time to get rid of the smell of sulphur that still trail his maladministration of our Nation. Posted by 126Soldier| 19.09.2007 11:33

aguabata  Villager

# 3 in our anger to see corrupt politicians punished we dont mind trampling on the law, but two wrongs dont make a right, good mama told me Posted by aguabata| 19.09.2007 15:15

Frisky Larr  Villager

# 4 With all due personal respect, this is absolute nonesense sir. Not worth reading to the end. Posted by Frisky Larr| 19.09.2007 15:16

JAGA-JAGA  Villager

# 5 Your report reads more like an attorney for the AGF. Much as no one can claim EFFC have not transgressed in one way or the order during the course of duty, it appears that the current grand deception by AGF was not mentioned in your entire report. You reminded me of IBB's speech on the eve of June 12 election nullification. He blamed all the political institutions of which he set up, the politicians and every thing you can imagine that is Nigeria, but not once did he mention himself and his henchmen. You can not execute Rule of Law by CASH and CARRY method, period. Bye-bye-oh. I be una broda, JAGA-JAGA Posted by JAGA-JAGA| 19.09.2007 16:13

Auspicious  Villager

# 6 You see, Folks.. I was just seeriously wondering.. How come we have two extreme views on this article. Lets take the case of Frisky Lar and 126Soldier: Frisky Lar goes: With all due personal respect, this is absolute nonesense sir. Not worth reading to the end. And this came after 126Soldier submitted: Perfect analysis of the situation. In such a situation, someone's gotta be fooling himself - that is, lying to himself. The question is, WHO? Na wa for Cow wey nor get tail! Auspicious. Posted by Auspicious| 19.09.2007 16:31

126Soldier  Villager

# 7 Whats the biggy about Frisky Lar being impatient to read and digest Peter Claver Oparah's post. Is it not the same ipatience that has detarred Ribadu led EFCC from carrying out precise and well coordinated investigations before blowing their trumpet and violating people's rights. Why arrest one politician in office based on the petition of another disenchanted and probably outsmarted rival politician without proper investigation. Where is common sense in the whole pack? Posted by 126Soldier| 20.09.2007 04:00

ojemba  Villager

# 8 =126Soldier;2091179>Whats the biggy about Frisky Lar being impatient to read and digest Peter Claver Oparah's post. Is it not the same ipatience that has detarred Ribadu led EFCC from carrying out precise and well coordinated investigations before blowing their trumpet and violating people's rights. Why arrest one politician in office based on the petition of another disenchanted and probably outsmarted rival politician without proper investigation. Where is common sense in the whole pack? The whole thing continues to baffle me, the budget of Abia state is nowhere near that of Rivers, AKwa Ibom, Delta, Lagos, Oyo, Kano, or even Ogun, but going by the get Kalu disposition of Ribadu and co. you will think he is why NEPA does not work in Nigeria today or cement is more expensive in Nigeria than anywhere else. Again there is nothing wrong with insisting on the rule of law, Ribadu can throw in the towell if he lacks the ability to operate within the confines of the law, the EFCC should not become Nigeria's own Gestapo that reports to and acts on the fancy of a dictator like it did under Obasanjo. Kudos to mr. Aondoaka. Posted by ojemba| 20.09.2007 13:58

JAGA-JAGA  Villager

# 9 Ojemba My brother, What name do you call a man who stole a fowl and what name do you call the other who stole an egg? So if you apprehend the man who steals your egg you let him go away awaiting when you will be opportuned to apprehend the one that steals your fowl? Let me tell you, AGF is not fighting this war so as to address OUK case he is using his case to pave war for his remaining customer to receive the same soft landing, period. If you can't see it that way sorry. Bye-bye-oh. I be una broda, JAGA-JAGA Posted by JAGA-JAGA| 20.09.2007 15:55

tonsoyo  Villager

# 10 Thursday, September 20, 2007 Printer Friendly Version Senate backs EFCC, doubts AGF’s ability By John Alechenu, Abuja The Chairman, Senate Committee on Drugs, Narcotics, Financial Crimes and Anti-Corruption, Senator Sola Akinyede, on Wednesday expressed doubts over the ability of the Attorney-General of the Federation and Minister of Justice to effectively prosecute all cases. Akinyede said this during an address he read at the inauguration of the committee. He added that he had no doubt that by virtue of Section 174 of the 1999 Constitution, the AGF had the powers to take over the prosecution of all cases being prosecuted by agencies under him. Akinyede, however, said, “The power not only applies to the cases being prosecuted in all courts including the more than 2,000 Magistrate Courts and area courts all over the 774 local government areas in this country. “This therefore raises the question whether the office of the AGF has the capacity to effectively exercise its supervisory and prosecutorial powers over all the cases being prosecuted in all these courts. “I believe that it was because the office of the AFG lacked, and in my opinion still lacks this capacity, and because of the serious threat that these crimes had become to the very existence of our nation that these specialized agencies( EFCC, ICPC and NDLEA) were created.” He argued that it would be a share waste of time and resources to deploy the nation’s resources to train specialised personnel to man these agencies only to have their functions taken over by another government body. The chairman said while it was true that some of these agencies were not perfect because they were manned by human beings, it must be acknowledged that the activities of these agencies had improved the image of the country. In his remarks, the President of the Senate, Senator David Mark, said that whether people were willing to admit it or not, the EFCC had perform creditably. On drugs he said consumer nations would do well by reducing drug demand. He said “It is obvious that without rule of law, we can’t deliver dividends of democracy but we cannot encourage rule of law by tolerating corruption.” Posted by tonsoyo| 20.09.2007 16:32