Sonala Olumhense

Economic and Financial Confusion Commission

Finally, the Economic and Financial Crimes Commission has confirmed our worst fear:  it has forgotten its mission. 

For four years, Nigerians have seen the EFCC as the answer to the challenge of financial and economic crime in our country, acting on the side of the Nigerian people.  It chairman spoke courageously and loudly about this mission, particularly about the looting of state resources by governors.  He told Nigerians he would be putting many of those governors before the law as soon as their terms ended on May 29, 2007.

As one of the EFCC’s loudest supporters, I have complained since then that the anti-graft agency seemed to have lost traction and direction.

 It is now official.  Last week, two of its officials told the nation that the EFCC is now “more interested” in recovering Nigeria’s looted wealth than in prosecuting economic criminals or embarrassing anyone.

I beg your pardon?

According to a report in The Punch of Sunday, November 11, 2007, the EFCC has done a deal with five former governors under which they would return N50 billion to the public coffers.  They risk prosecution (only) if they fail to honour this “agreement” within two weeks.

The second of The PUNCH’s EFCC sources was particularly adept at speaking through a lower orifice in his body.  “Our stance on anti-corruption is not necessarily to expose and shame the looters of the collective wealth,” he said, pompously, “even though that is equally important if only to serve as a deterrent to others.”

But he was just warming up, this powerful hawker of cow manure.  “It is the belief of the commission that justice will be better served with the recovery of the stolen wealth because that is what the people really need.” 

And then, this political gymnast reached backwards, towards that other orifice, for this overarching contradiction: “We want to prove that the proceeds of crime cannot be the reward of crime.”

I really have to find out where they manufacture this kind of personnel at the higher levels of the EFCC.  He continued: “The EFCC has done a great deal to curtail the culture of impunity and corruption in Nigeria today. Granted, we have had a lot of challenges in accomplishing this, but the important thing is that we are making progress.” 

At that point, you knew a chest-pumping boast was next.  The EFCC coward, and you know he is one because he did not want his name appended to his voice, then said: “ I can confidently tell you that there is an international consensus that assets recovery programme in Nigeria is the best in the world; it is the most robust and the most remarkable in the history of assets recovery.

“We are also working fervently to ensure the quick return of billions of naira looted by corrupt governors and to remit these to the government‘s coffers for the development of the country, which is what it was originally meant for,” he told the reporter.

Let me interpret the game.  The EFCC is saying that contrary to previous promises to the Nigerian people to deliver on the assignment in the law by which it was established—or in violation of it—it is now on the market for deals with our powerful thieves.  The broad outline of this new regime is that, in exchange for drops of the stolen funds, the EFCC will look the other way and let these men enjoy their freedom, their loot and their laughter. 

So the EFCC was not investigating these people for purposes of prospection after all.   All our months and years of waiting for the commission to deliver on its plans and “readiness” to do the right thing now turn out simply to be a hoax.  Our worst nightmare, that the EFCC might have a hidden agenda, and serve the status quo, is emerging as our fate.  

What is the EFCC saying?  It will now abandon the law by which it was set up—and its own boasts about nobody being above the law—and become policeman, judge and executioner.   The only problem is that even in this new plan, it is pre-determined that the criminal does not lose too much: certainly not his freedom, because that kind of punishment is reserved only for the poor.  The anti-graft body will supposedly “agree” to terms with the criminal over what sounds good to be returned to the same people he had betrayed and left to starve and die. 

 This new age Robin Hood headed by Mr. Nuhu Ribadu will then turn to Nigerians and say, “People, take this and be grateful.  It is better for you to take this and give it to the current governor than to seek justice against this man who thought you were not worthy of the same air.  We recommend that you take this.”

Of course, the people may ask, “What if the current governor also steals the money?”

To which Mr. Ribadu would respond, “Ah! Ah!  That is not a problem.  You can see we have an internationally-celebrated track record of achievement.  We will also make him refund the loot!  Can’t you see you have nothing to lose?”

I laugh, but I have burning tears running down my cheeks.  I laugh because this is way too serious for words.  I liked Nuhu Ribadu, but the time has come when he should either deny being a part of this mess and resign his office, or simply publish his resignation letter and go home.   Since this awful story broke, one week ago, nobody in the commission has denied it.  And of course, no former governor has been taken to court.

This development largely confirms the popular perception that his commission is selective in its work.  But that may be too generous an assessment.  Perhaps the EFCC has forgotten what it was set up to do, or itself been paid for. 

That is why it is laughable that the Commission this past week, the Commission’s Head of General Investigations, Umar Sanda, promised the Coalition Against Corrupt Leaders which visited to file a petition against Olusegun Obasanjo, that the Commission would investigate the allegations of corrupt enrichment against him. 

Really?

The Commission would “embarrass” Obasanjo where it is now hesitant to embarrass former governors?  The Commission can find the strength to investigate Obasanjo when it the past two years it vigorously fended off every allegation filed by former Vice-President Atiku Abubakar?  The Commission will investigate Obasanjo, and not settle for deals as it is now doing with former governors?

I cannot wait. 

But let us return to basics.  The very name of the commission includes the word, crime, that is, illegalities of an economic and financial profile.  When something is a crime, its perpetrators are known as criminals, and sought by the law as suspects.  It is the role of the law to bring criminals to the bar of justice.  This means that the law, having dutifully complied with the requirements of investigation and documentation, takes the matter before a properly-constituted court in the honest faith that everybody is the same before it.

In that courtroom, due process permits the accused person access to lawyers and a structured defence.  In the end, the court makes a decision regarding the guilt or innocence of that suspect.  If the verdict is guilty, it also determines responsibility or punishment.   In that scenario, a convicted former governor would not be negotiating from behind bars how much of his loot to part with, or leave with his girlfriend, or on what foreign beach he will spend his post-stealing days.

This process is often rigorous.  Otherwise wealthy or powerful suspects are carried in police trucks they would never have permitted themselves to be seen near.  They may be handcuffed and shackled.  Grown men have been known to sweat and weep in the sun, fall on their knees in front of a laughing, taunting throng, or even lose control of their bowels.  It is not a pretty process, but it is the way of the law, known ahead of time by each and all who choose to violate its terms.

Last week, regrettably, the plan unveiled by the EFCC was one under which it would pre-empt this process and save the former governors the indignity of facing the law.  This is a shame, and the most profound betrayal since Nigerian began to pretend to be fighting corruption.   It makes the EFCC now just an accessory to the crime, but a criminal.

We are looking at a situation here where men who ignored the law and their people for as long as they were in office will enjoy the additional entertainment—at the expense of the people—of being treated with deference—even reverence—by that law.  It is enough to make a man vomit.

Robot  Villager

# 1 It is now official. Last week, two of its officials told the nation that the EFCC is now ...Read the full article. Posted by Robot| 18.11.2007 16:29

datuouwadaberechi  Villager

# 2 Brethren, i'll start by saying that so many things are SO wrong in nigeria, and sometimes its a pain to just keep highlighting the evils we see. yet, i am more convinced of the need to speak out when one sees evil. not as one who passes judgement especially while not giving an alternative if one is speaking out about a certain methodology. I will go on to say that the writer has echoed some of my own thoughts on this subject. i recall a spirited discussion with some friends recently when i couldnt help but ask: öutside alamesiegha and tafa balogun, both of whom got off with barely a slap on the wrists, WHAT EXACTLY CAN WE COUNT AS THE ACHIEVEMENTS OF EFCC???? in all the years of crime fighting, WHAT??? i know i have heard peripherally about busting a few 419 warlords, which is quite gratifying, but those who have wronged nigerians the most.... those who caused and propagated poverty, despair and financial ruin among nigerians....how many of them have been brought to book since EFCC came into being? naturally, i know we have other crime-fighting agencies and they're not exactly doing a wonderful job either, but with ALL the hype about EFCC, what are the RESULTS?? i once got an opportunity to ask an EFCC staff this question, and his response was that system of financial crime detection was now FAR more efficient, and some laymen that i throw this question to (including myself in some moments) believe that, atleast there is some level of fear among public office holders which limits the impunity with which funds are mis-handled. i wonder how long we have to settle for SO LITTLE!!! by the way, am sure the news is well-circulated, about alams, who was caught on camera, shopping in Dubai. lets all assume he was spending ''his own money'. having said all this, and knowing what a difficult place to work in nigeria is, i still would like to commend Ribadu for the effort. sadly though, we are not happy with the results! if only he'd talk a little less and act a little more. Posted by datuouwadaberechi| 18.11.2007 17:07

JAGA-JAGA  Villager

# 3 I have repeatedly said in this forum that the EFCC would function the way UMYA wants it to operate. Obj was accused of using EFCC to intimidate, humiliate and settle scores with his political enemies many of which can never claim that they did not pilfer public funds. Now, we have UMYA and his AGF with their preachment of the rule(ruse) of law in order to shield his former colleagues(ex-governors) and clients respectively from facing the full weight of the law. It is to be noted that the history of war against corruption always consumes those who started it, those who obstructed it and finally those who actually benefitted from illegally siphoning public funds. We shall see how this deceptive game currently being teleguided by UMYA and his AGF will end. But make no mistake because of the docility of an average Nigerian in the past over the issue of public accountability, the time is running out and those who have been cheated in all these macabre dance would soon take over their destiny in their own hands. This can only happen as we are now witnessing a complete anarchy taking shape in the country. The increased number of unemployed youths and the subsequent increase in armed robbery and other societal vices will definitely lead to an unsustainable governance of the country as it now stands. Posted by JAGA-JAGA| 18.11.2007 17:49

tonsoyo  Villager

# 4 =JAGA-JAGA;2091821262>I have repeatedly said in this forum that the EFCC would function the way UMYA wants it to operate. Obj was accused of using EFCC to intimidate, humiliate and settle scores with his political enemies many of which can never claim that they did not pilfer public funds. Now, we have UMYA and his AGF with their preachment of the rule(ruse) of law in order to shield his former colleagues(ex-governors) and clients respectively from facing the full weight of the law. It is to be noted that the history of war against corruption always consumes those who started it, those who obstructed it and finally those who actually benefitted from illegally siphoning public funds. We shall see how this deceptive game currently being teleguided by UMYA and his AGF will end. But make no mistake because of the docility of an average Nigerians in the past over the issue of public accountability, the time is running out and those who have been cheated in all these macabre dance would soon take over their destiny in their own hands. This can only happen as we are now witnessing a complete anarchy taking shape in the country. The increased number of unemployed youths and the subsequent increase in armed robbery and other societal vices will definitely lead to an unsustainable governance of the country as it now stands. Abeg my brother Jagajaga no mind this writer jare. Let him continue to fool himself by playing Ostrich and pretend like he does not know what is happening around him. At least he is able to tell us that Atiku petitioned against Obasanjo, of everybody that have petitioned against Obasanjo. He was able to mention Shina Rambo complaint against Anini :rolleyes: The fact that EFCC can even get some money back from these super-rogues who constitute the power bloc in Nigeria makes the EFCC the super-hero in my own book. Posted by tonsoyo| 18.11.2007 18:09

Ebe2  Villager

# 5 If all you get for raping your state, ministry, or parastatal is a negotiated return of some of the loot then what is the use of the EFCC and the ICPC? How is that a deterrent? Isn't that an incentive to steal more so that you would have more to keep after returning some to the EFCC? These EFCC folks just don't get it. Nigerians want to see some big thieves in jail...for a long time. That would be a good deterrent--the suffering, the humiliation, the solitude. Let them taste a life of austere privation, the same life that their corruption bequeathed to Nigerians. Sonala, welcome to the club of those disillissioned with the EFCC under Mr blabbermouth Ribadu. Posted by Ebe2| 18.11.2007 18:32

JAGA-JAGA  Villager

# 6 Here is a glimpse of the intrigues currently in place between AGF and EFCC from the Punch Newspapers. Ibori: Fresh face-off looms between AGF, Ribadu By Musikilu Mojeed, and Olalekan Adetayo Published: Monday, 19 Nov 2007 A fresh power tussle is brewing between the Attorney-General of the Federation and Minister of Justice, Mr. Michael Aondoakaa, and the Chairman of the Economic and Financial Crimes Commission, Mr. Nuhu Ribadu, over the trial of a former Governor of Delta State, Mr. James Ibori. Skip to next paragraph Photo file Mallam Nuhu Ribadu The face-off is spurned by the handing over of 78 documents on the EFCC’s investigation of Ibori to the Met. Police without the consent of Aondoakaa. Under the mutual legal agreement between Nigeria and Britain, the AGF authorises the use of documents obtained in the country for legal purposes in Britain. The EFCC had handed over the documents on Ibori to two separate MET teams that visited Nigeria between October 15 and October 27. The teams comprised DC Peter Clark, Dc David Cocks, Pc John Macdonald and Dc George Simpson. In his 10-page letter to the AGF, Ribadu listed the 78 documents that were handed over to the Met officials. He added that the EFCC was still awaiting responses from some banks and parastatals. Some of the documents relate to Ibori’s transactions with 17 Nigerian banks, statements obtained from 28 witnesses and documents on the former governor’s business concerns and assets. The transactions and asset were obtained from the Corporate Affairs Commission, the Federal Inland Revenue Service, Abuja Geographic Information System among others. In the letter, Ribadu, said, “The Honourable Attorney-General may therefore authorise the Metropolitan Police, through the appropriate channels, to use the materials enumerated above for their legal processes.” But the AGF ignored Ribadu’s request, saying since he had supplied the documents to the Met. Police without his consent, he would not grant approval for their use in London. Sources told one of our correspondents in Abuja on Sunday that Aondoakaa was so miffed by Ribadu’s action that he tabled the matter before the Federal Executive Council’s meeting on Wednesday. He reportedly complained that Ribadu and the Met Police undermined his office by their action. The AGF, who confirmed that he refused to grant approval to Ribadu’s request in an interview with our correspondent, said he took the decision because due process was not adhered to in handing over the documents to Met Police. Aondoakaa said, “I am not in a tussle with anybody. It is the government of Nigeria that is insisting on due process. “I am not the one insisting on due process. The EFCC has sent documents to Met Police without deferring to me. “Now they want me to authorise the use of documents I have not seen in court and I said no. “I said to them that if they already have the documents without my knowledge, why are they asking for my approval to use them, why can’t they go ahead and just use them. “I took the matter to the FEC and everybody was shocked that a thing like that could happen in this country. “But the Met Police have apologised to me. They came with their Ambassador to my office. They said they did not mean to undermine me and my office. But what we are saying is that due process must be followed in everything that we do.” The Home Secretary, Home Office, United Kingdom, had in a letter dated August 30 but received by the AGF’s office in October, sought the approval of Aondoakaa, for legal assistance. But the AGF, in his reply dated, November 12, turned down the request, saying it came from a wrong person. The correspondence was titled, Letter of Request Supplementary: ‘Operation Tureen’; Re: James Onanefe Ibori, Christine Omatie Ibori-Ibie; Adebimpe Pogoson and Udoamaka Okonkwo. (See a copy of the AGF’s letter below). Efforts to get the EFCC to comment on the matter failed as its Head of Media and Publicity, Mr. Osita Nwajah, refused to pick calls to his mobile phone. On Sunday, the Sunday Times of London quoted police investigators as saying that Ibori used part of about £20m he had in banks in Britain to finance his ‘flamboyant lifestyle.’ According to a witness statement made by a financial investigator working for the Met. Police, Ibori used accounts at branches of HSBC, Barcklays and Abbey to buy luxury cars and homes. These include a £4m mansion in Hampstead, North London, a nearby flat for a mistress and a country retreat in Dorset. Ibori owned a Bentley Continental GT, a Jaguar and an armoured Mercedes-Benz Maybach. According to the paper, the statement by the Met. Police , showed that funds intended for education and engineering projects in Delta State, ‘were allegedly laundered through the United Kingdom banking system’. One payment, of £275,873, was made to a Mayfair car dealership for an armour-plated Maybach limousine in 2005. According to the paper, Ibori, who is known as the ‘Dapper Don’ because of his taste for tailored clothes and Californian wines, used to visit London on shopping sprees with his wife. The investigators are looking at payments by Shell and Chevron-Texaco to Ibori’s businesses in Nigeria. The paper said that for over three years, Shell, Chevron and the Nigerian National Petroleum Corporation paid £3.6m into a Barclays account controlled by Ibori for renting out houseboats to foreign employees. According to an affidavit, the Met. Police intervened at an unspecified date to block Ibori’s bid to purchase a private jet from Bombardier for $20m while in office and receiving an official salary of just £12,000 a year. In August this year, barely three days after Aondoakaa took on the EFCC over the trial of former governors, The Presidency directed the commission and other anti-graft agencies to seek the consent of the AGF before prosecuting any corrupt public officer. Although the Presidency based the directive on Section 43 of the EFCC Act 2004, the Federal government made a U-turn the following day apparently because of the public outcry that followed the directive. While declaring that anti-graft agencies could prosecute independently, Aondoakaa, however, said he would exercise supervisory powers of the agencies if they failed to carry out their functions in line with the directives of the law. One of the ways the AGF will exercise such powers, he explained, is to take over a case or direct an outright stoppage. Posted by JAGA-JAGA| 18.11.2007 19:44

igwe  Villager

# 7 Anybody who has watched the EFCC and Ribadu very closely would not be surprised that the commission and its officials will get seriously confused as soon as the president no longer needs them to fight his real and imaginary political enemies. Any further surprise that you'll never hear them mention the evil called third term agenda? Ribadu and his commission went down with that evil agenda. The rest is just trying to save face. When the real fight against corruption starts in Nigeria, if ever it will, it'll be clear to all. Posted by igwe| 18.11.2007 21:48

ezyvic  Villager

# 8 The writer has spelt out the surface of the problem. He/ she has completely failed to acknowledge the intrigues behind the EFCC operations. The EFCC and ICPC can only achieve as much as the 'rule of law' in the context of the AG allows them. But, who are these looooooters? They are your uncles, my aunties, their nephews, our nieces and of course, friends and relatives, who are encouraged by the irregular structure of the country and encouraged by all. They are termed 'failures' when they get out of government without buying an expensive car, building a multi-million naira mansion, contributing generously to the building of town halls, churches, mosques and contributing a mere percentage of their loot towards the youth programmes. This is the fate that has befallen our nation. The report from the Punch newspaper could have been edited to meet the sensational requirement of a news reporter, or, the EFCC official being quoted could be an informant, a cleaner, driver, or even a senior intelligence officer seeking attention. The truth remains that the entire write-up was based on gossip, and not from the EFCC spokesman. It is a shame when we give a dog a bad name just to hang it, and not consider getting a replacement before hanging the existing dog. The EFCC to me, has achieved a great deal considering the circumstances under which it is operating. The AG did not pretend from the offset on his mission to protect ALL ex-governors being tried by the EFFC just to ensure that Ibori is set free. It is very possible and can be discovered, that the government is using its agents to rally anti- EFCC sentiments, which the writer could very well be doing. Some of us left the country not because we are happy to be miles and miles away from our families, or cant afford to go on vacations once in a while. No. Some, like my humble self left because the situation was unbecoming. But again, some of us have become so satisfied and cushioned up in our comfort zones we soon forget the realities of life for an average Nigerian. Opportunities were absolutely limited in the midst of plenty, and even when the opportunities beckoned, the social-political situation ensured the lifespan was cut short from frustration and worries. The problem goes beyond the EFCC. I know a banker, who had put in 15 year at a stretch in a bank. He had all what he needed to be termed a success, from a beautiful wife to 3 sweet looking kids, a home and all the love that makes up a family unit. But, he had no peace of mind. He had to pay dues to the OPC monthly, he was always running generator to have power supply (cost of diesel and stress of transporting it), he was always stuck in a pot hole whenever it rained, coupled with the traffic jam and 'area boys' robbing daily on his route home from work. The gentleman got fed up, sold virtually EVERYTHING he owned, packed his bag and left the country, as he put it then, "I wont make the 50 years mark at this rate". He had a choice, had the opportunities and grabbed it. So many (millions) do not have that choice. The aim of sharing the story and experience of my friend is to let the writer know, and tell it to his/ her sponsors, that corruption cuts across, down to the local governments, wards and even households. A Nuhu Ribadu cannot re-orientate the populace all by himself and requires strong deterrent measures to be put in place, enforced by the executive,state and local government arms. The status quo is absolutely favourable for corrupt practices and only a sincere President, who is truly ready to stake his life, can change the present norm. Rather than blame the dog for not barking loud enough to inform the neighborhood of bandits, the dog master should check himself to see if he was actually deep sleeping and snoring to heed the call of his dog, in other words, I recommend that the writer should look at the issues and bottlenecks hindering the successful operations of the EFCC/ ICPC and analyze them. Posted by ezyvic| 18.11.2007 21:49

Omowa2  Villager

# 9 I sorry for Nigeria. Why will well informed citizens help to dampen the spirits of those who have laid their lives on the line for us all. This kind of write up does not help us at all. Ribadu is not only fighting corruption but also FIGHTING the AGF who wants to be a cog in the wheel of progress. At every turn this man is there making sure he buys time for his (former? ) clients. Please I beg you all don't let Nigeria die. The country is already bleeding with many of the BEST brains outside of the country enjoying and throwing cheap shots far from the scene of action!!! Please if you cannot make SOLID suggestions that can help the country at this time of another "Shehu Sagari in the den of a thousand Dikkos" then just do us a favor write about love and people dancing Thank you omowa2 Posted by Omowa2| 18.11.2007 22:24

1234567  Villager

# 10 In as much as we are all aware of the ‘web of politics’ in which Ribadu’s EFCC find itself and which has hindered it to perform as highly expected. It is so glaring that AGF, UMYA and some powerful stake holders in UMYA success of becoming the president are not comfortable with Ribadu but why cant he simply resign and not wait until they kick him out which will surely happen one day? It’s true that the EFFC operated like Gestapo during OBJ era but there was more action, hope and excitement in the fight against corruption then. Will it not be better if EFCC also operate like it used to be under OBJ era than to clip its wing in the name of rule of law? My problem with this Ribadu of a man is that he talks too much with less action. He should stop raising our hopes for nothing. He should learn how to exercise decorum as he is gradually loosing his fame among his admirer. Posted by 1234567| 19.11.2007 00:04

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