Let me run the EFCC (2)

Sonala Olumhense

Let me run the EFCC Part 1:

Last week, I applied for the chairmanship of the Economic and Financial Crimes Commission (EFCC).   On account of some queries that have been raised since then, and the fact that the position has now been filled, the following are my thoughts about what I think would constitute a full war against corruption.

My concern last week was with the EFCC, in terms of bringing economic criminals to justice.  An effective EFCC is central to combating corruption in Nigeria because of the impunity with which Nigeria has been feasted on for nearly 50 years by wave after wave of highly-placed thieves and hypocrites.  The effort to bring them to justice and retrieve what they have stolen must continue.  That is the work of the EFCC, and it is a crusade that must be superintended by a fearless and determined Nigerian, someone with a sense of mission. 

By its nature, however, the EFCC operates with a rear-view mirror.  It chases offenders.   This is a serious responsibility because most of the people it has to combat are wealthy, politically-connected, and ruthless.  That is no place for a man who just wants to put in the hours and collect his pension.

By itself, the EFCC will not bring corruption under control in Nigeria.  That is why the task of battling corruption is ultimately that of the leader of the country, in this case, President Umaru Yar’Adua.  It is not clear that he understands this.  The Act setting up the EFCC covers only one part of the challenge.

If President Yar’Adua truly wants to fight corruption, our experience of the past two years clearly recommend that the EFCC and the ICPC be made independent of the executive arm of the government.  It is instructive that for much of its existence, the EFCC has labored under the image of being a tool for harassing Obasanjo’s enemies.  That is a prescription for a farce. 

The trouble with the challenge of corruption in our country is not just that we are corrupt, it is that our corruption has grown into a tree, with deep roots and heavy branches.  It is probably the world’s most endemic.  I cannot think of any other country where corruption took hold of the country as shamelessly and completely, and deeply.  At one point last year, three of Nigeria’s top four citizens had grave corruption questions on their blotters; two of the top three now do.

That is why even the tools and institutions we are using to fight corruption in Nigeria have such internal battles.  Think NAFDAC.  Think about the Nigerian press, where some publishers have been known to tell reporters to “pay” themselves (by accepting inducements).  Think about 419, where the criminals steal victim information from…the EFCC! 

If we are to make genuine and sustained progress in combating corruption, we must have a new law which focuses on deterrence.  This is what has served such countries as Singapore, South Africa and Hong Kong so well.  The law should provide for vigorous prosecution for people found guilty of corrupt practices, with heavy fines, property and financial seizures, and jail terms.  In the government, the law should provide take the view that the higher the official concerned, the heavier the punishment. 

Administratively, a review must be ordered of the avenues of corruption in public life, and such opportunities blocked and periodically reviewed. 

Of particular interest to these new procedures must be that favourite Nigerian institution, the government contract.  Nigeria is run on the basis of the awards and receipts of contracts.  Trading in contracts—where a well-connected person receives a contract he has no skill or intention to execute, which he then sells to someone else who may yet sell it to another—has been practiced for decades.   This ought to be outlawed, and people involved in it put in jail. 

Contractors found to have bribed a public officer should not only lose that contract, but also be prosecuted and his business investigated.  The official, who received the bribe should also be retroactively disciplined, even if he is no longer in service; if he is still in service, he should be fired and prosecuted.     

A process such as this, if it is to be succeed, needs the assistance and credibility which only insiders can provide.  It should therefore encourage and protect whistle-blowers with creative, productive methods.  In every profession, endeavor or business, there are people who know what is going on but are helpless to do anything about it.  They should be encouraged to participate without endangering their jobs, their lives or their families. 

Beyond this, it is important to encourage public service integrity and citizen integrity.  We cannot claim to be fighting corruption while we ignore citizens of high integrity, no matter what they do.  Indeed, I would suggest that during our National Day, the President recognizes citizens of integrity who have made important personal contributions.  At state, business and professional levels, people should similarly be honoured. 

What this means is that anti-corruption combatants and reformists must be creative and foresighted.  Not only must they must make educated preparation for a vicious backlash from powerful forces who have a lot to lose, they must anticipate how and where the proceeds of corruption may next be used, and work to frustrate it. 

Advance Fee Fraud is particularly interesting here.  A true war against corruption in Nigeria must anticipate the sophistication of the next generation of 419ers.  Unless that generation of scammers is prepared for, we may have serious problems over the next 10 and 20 years.  Remember that Nigerians have already popped up in banking, investment and insurance fraud schemes in the United States. 

Those people are often deported to Nigeria, where they might resume their trade within the local financial system.  If you think that is unlikely or difficult—or likely to be difficult—remember that Chinese hackers broke into the computers of the Pentagon last year and helped themselves to masses of data.  Those hackers did not stop there; they also got into the networks of such huge military contractors as Lockheed Martin and Boeing.  In commercial business, hackers lifted miles of customer information off the computers of TJX Companies, which owns TJ Maxx, HomeSense and Marshalls. 

What has that got to do with us?  Consider that also in 2007, some cyber-crooks attacked the websites of some online businesses and anti-corruption campaigners.  One of the businesses temporarily besieged was 419eater.com.  Do you wonder who might have had an interest in shutting down a business that fights to shut down 419 operations?   I would bet they were Nigerians, but would you have thought they had the expertise?

My point is that if we do not crush 419 now and plan against the future, its practitioners could become the new drug lords and power brokers.  Among other things, these people are capable of creating mayhem in the emerging Nigerian banking system, shutting it down for weeks and corrupting its data. 

They have the expertise to manipulate communications between the government and the oil companies.  They could infiltrate and corrupt immigration, customs, police and judiciary records.  And remember, if the Chinese could conquer the renowned computer security of the Pentagon from China, Nigerians do not need to be in Abule or Moshalashi to cripple the Central Bank.  They do not need to be in Apapa to divert Oceanic Bank funds into James Ibori’s accounts.   They do not need to be in Maitama to make it impossible for the government to pay civil servants, soldiers and policeman at the end of the month. 

The government should not be smug: remember how Russian hackers besieged the Estonian government last year?  They used thousands of unsuspecting personal computers to overload government, banking and media websites.   In a society such as ours, are we preparing for the people who can create anarchy and benefit from it without announcing a coup?  Between those who have looted Nigeria blind and those who possess the technological expertise, that is where we are heading.

If we are to get out of it, President Yar’Adua must commit himself to the war against corruption beyond its most basic level.  He must bring new law,imagination, energy, courage into the process.  Nobody can do it for him.  He must lead the war because an army requires a general.  

Hopefully, he understands he must come out of hiding and slays the monster.  If he does not, there is no place to hide in Aso Rock or Katsina.  History will record him to be not only a coward, but an accomplice. 

·        sonala.olumhense@gmail.com

Robot  Villager

# 1 var sbtitle9351=encodeURIComponent(Let me run ...Read the full article. Posted by Robot| 20.01.2008 11:11

akuluouno  Villager

# 2 Dear SO, As I have said before, your problem will be getting the backing of the General that is supposed to lead the war. Mark u this is a war in which he and his lieutenant Gens are involved. So except you want to be Dele Giwaed:evil::evil:, just avoid accepting the job if offered. M.D Yusuf is supposed to head a large committee on police reform. The same man took over the chairmanship of the NLNGC after Okigbo and was implicated in the TSKJ fraud involving the LNG Bonny whose dubious fifith train or so was commission recently. In Nigeria it is not Cogito ergo sum, it is Corruptio ergo sum. I cannot wait for my opportunity and if you efcc me, I will delgiwa you:twisted::twisted::twisted: We are all corruptmen and women minus opportunity.:D:D:D Posted by akuluouno| 20.01.2008 11:21

NWANZA  Villager

# 3 =akuluouno;4294981881>Dear SO, As I have said before, your problem will be getting the backing of the General that is supposed to lead the war. Mark u this is a war in which he and his lieutenant Gens are involved. So except you want to be Dele Giwaed:evil::evil:, just avoid accepting the job if offered. M.D Yusuf is supposed to head a large committee on police reform. The same man took over the chairmanship of the NLNGC after Okigbo and was implicated in the TSKJ fraud involving the LNG Bonny whose dubious fifith train or so was commission recently. In Nigeria it is not Cogito ergo sum, it is Corruptio ergo sum. I cannot wait for my opportunity and if you efcc me, I will delgiwa you:twisted::twisted::twisted: We are all corruptmen and women minus opportunity.:D:D:D Take a cursory look at the names of nominees to head Nigerian foreign mission as Ambassadors, and see how recycling is done over and over again. That means that we have not move an inch forward, and fresh blood is not injected in leadership positions. The corrupt list were submitted by the New state Governors. Posted by NWANZA| 20.01.2008 14:03

Jagunlabi  Villager

# 4 The thesis above is reinforcing what has always been said, though it might be worth it, reminding ourselves. However , how to we(as contributors, commentators, pulbic affairs analyst( you wan try dat one), move from the point of analysis to a place of implementation and execution. I hope we can debate on this(another Debate!!!!!!!!!!!) Posted by Jagunlabi| 21.01.2008 05:32

Mikky jaga  Villager

# 5 S O, I thank God that you realised that the task of ridding Nigeria of Corruption is not one that can be handled by one man or one organization. Until there is a revolution of values, ethics and perception among Nigerians, the monster will continue to eat up the people sent to combat it. When we stop awarding Chieftaincy titles to people that came by unexplained wealth; When we stop seeing government appointment as short cut to riches; when we remove the secrecy surrounding government finances; when at the end of the year we are given the performance of previous year's budget i.e matching expenses with actual work done; when we ensure that bail is truly free, and policemen stop all forms of roger on the road; we would have just begun the fight againdt corruption. All hope is not lost sha. Nigeria go beta. Posted by Mikky jaga| 21.01.2008 08:37

10Kobo  Villager

# 6 l have been doing a lot of reading lately and at the end of each exercise, l get annoyed more than l was, when l start reading! My annoyance is borne out of the feeling that "everybody seems to know our problem, but nobody seems ready to offer a REAL and VIABLE solution"! We all dance round and round, talk and talk, pray and pray and hope and hope. We know its corruption, we know its spreading down from the top and soon, Creche babies will be embezzling and hoarding baby-milk! We know and can name/count as many thieves in our midst who have at the minimum, embezzled over 20million naira, to put it conservatively. We know this people, we write about what they've done yet.............we continue to muse and wriggle our hands together, hoping that Jerry Rawlings will come to our rescue! Shameless, spineless, timid, lily-livered noise-makers, thats all we are. I know you are beginning to even wonder if l am not describing myself or is it not time l proffer the much talked about solution? We need to organise one of those "stake-holders meeting" in a big place like the Eagle square and BOOM...... "A chronic problem requires a chronic and unique solution". Using one BOOM to kill so many birds! :evil: Just my 10Kobo evil mind! Posted by 10Kobo| 21.01.2008 17:06

10Kobo  Villager

# 7 l have been doing a lot of reading lately and at the end of each exercise, l get annoyed more than l was, when l start reading! My annoyance is borne out of the feeling that "everybody seems to know our problem, but nobody seems ready to offer a REAL and VIABLE solution"! We all dance round and round, talk and talk, pray and pray and hope and hope. We know its corruption, we know its spreading down from the top and soon, Creche babies will be embezzling and hoarding baby-milk! We know and can name/count as many thieves in our midst who have at the minimum, embezzled over 20million naira, to put it conservatively. We know this people, we write about what they've done yet.............we continue to muse and wriggle our hands together, hoping that Jerry Rawlings will come to our rescue! Shameless, spineless, timid, lily-livered noise-makers, thats all we are. I know you are beginning to even wonder if l am not describing myself or is it not time l proffer the much talked about solution? We need to organise one of those "stake-holders meeting" in a big place like the Eagle square and BOOM...... "A chronic problem requires a chronic and unique solution". Using one BOOM to kill so many birds! :evil: Just my 10Kobo evil mind! Posted by 10Kobo| 21.01.2008 18:02

draftman  Villager

# 8 Just as you BOOM this thief, another thief go come. What we need is a review of our system. Afterall human will take advantage of any weak system, that is why we have many fraud, 419, scams etc. The system need check and balances, no one man can approve anything, EFCC should be under the legislature, there it cannot be accused of politiking. We need to compensate the law enforcement according to world standard not similar amount, enough to take care of their family. Severe purnishment for any offender, no amnesty for governor until they leave office. We need private plain clothes detectives to infiltrate the public to watch for fraudelent activities. These steps will put fear of god in peoples mind. Just my 2 cents Posted by draftman| 22.01.2008 13:24

tomr  Villager

# 9 I missed the Part 1 and have just read it with thorough enjoyment. Mr Olumhese did not exactly talk about culpability of children and wives, but he did mention it. And he was taken up on it by another villager Udokaamah who said children and wives are a 'no-no'. Pray, why? If you have benefitted from the spoils of ill-gotten gains, you should be liable. I think the attitude that once one is not the primary offender, one is absolved of any guilt is plain wrong, feckless and disingenuous. So, my father steals a lot of money, is not (or cannot be) apprehended for it, and lodges the money in foreign banks. He dies and leaves me his beneficiary. Do I and my siblings own the money? This is the point Mr Olumhese made, and it has nothing to do with 'family structure' or love of one's parents. It merely says that if your parents were corrupt and you benefit from that 'corrupt'ness, you are tainted, and you may use the excuse that you are not the primary party to the corruption. Not once in Nigeria has any of the children of those 'alleged' looters of the coffers of Nigeria turned his/her back on the riches so garnered. Not one. Filial love? Perhaps. More like Lucre love. Posted by tomr| 22.01.2008 18:04