Thursday, September 9, 2010

EFCC PROVOKES

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IT is a few months to another election and the catchphrases of electoral anxieties, particularly the one built around the anti-corruption agency, Economic and Financial Crimes Commission (EFCC) have returned: “the fear of EFCC is the beginning of wisdom,” is again ruling the airwaves.

In addition to being a powerful anti-corruption agency, the EFCC became a fear-inducing tool among politicians midway into the second term of former President, Olusegun Obasanjo. The same fears have errupted in the ranks of politicians once again, especially state governors, since last week when EFCC operatives suddenly descended on some state government officials, picking some of them up, while others quickly went underground.

The governors are saying they are the real targets. In the days of Obasanjo, most of the governors under the commission’s watch list happened to be the former President’s perceived political enemies. Such enemies included those considered friends of then Vice President, Atiku Abubakar, who was sidelined by Obasanjo. Atiku and some of the governors were considered to be opposed to Obasanjo’s tenure elongation (third term) maneuvers. The third term plot later failed. And it was alleged that the EFCC became a weapon in the hands of Obasanjo to settle scores.

In late September 2006, moments before the 2007 election, former EFCC chairman, Nuhu Ribadu, who had waged a relentless war against politicians over corruption and money laundering told the Senate of “clean” and “unclean” governors. Of the 36 state governors, only five were not linked with corruption. Incidentally, they were those who happened to be identified as not opposed to the third term bid. The rest were assumed “unclean.”

The case of former governor of Bayelsa State, Diepreye Solomon Peter Alamieyeseigha stood out. He was the only governor at that time to be impeached. Yenagoa, the State capital, was like a besieged city on the day of his removal by the state Assembly, which was executed in a commando-style, with soldiers and other Securitymen, including especially the EFCC operatives in attendance. Alamieyeseigha’s deputy, Dr. Goodluck Jonathan, today the President, was then holed up in Abuja while the State Assembly, or a select group of members of the House executed the impeachment, which led to Jonathan being sworn in as governor.

As EFCC now under Mrs. Farida Waziri, announced that it was moving against 10 states, the commission faces accusation of being motivated by politics, doing the bidding of the powers that be; that PDP governors who want the PDP zoning arrangement respected and that Jonathan must not contest the 2011 presidential election are the target.

Former governor of Abia, Orji Uzor Kalu, former presidential aspirant Brig. Buba Marwa, former governor of Plateau Joshua Dariye, the AC governorship candidate in Delta State and a close friend of Atiku’s, Chief Peter Okocha and former governor of Anambra Chris Ngige, an opponent of Obasanjo’s special assistant on domestic affairs, Andy Uba in the 2007 election – all had an “encounter” with EFCC.

A former senatorial aspirant in Ogun State Dr. Lanre Tejuosho who contested under the All Nigerian Peoples Party (ANPP) in Ogun West against Obasanjo’s daughter, Iyabo Obasanjo-Bello and former Ekiti State governor Ayo Fayose faced the wrath of Ribadu’s EFCC.

Atiku’s case was also striking. At some point he came under scrutiny following investigation by the Federal Bureau of Investigation (FBI) of U.S. Congressman William Jefferson over a bribery case. The issue of bribery in the Petroleum Training Development Fund (PTDF), a government parastatal under Atiku’s supervision also came on. And the EFCC sought to indict Atiku, who went to court and the court set aside the conclusions of the EFCC; declaring the commission’s actions unconstitutional, null and void.

Ironically the EFCC at that time was said to have gone after the First Lady Mrs. Patience Jonathan. Former Senate President Ken Nnamani had commended the commission, saying, “contrary to some opinions, the EFCC is not a tool of the executive, but that of the National Assembly. The EFCC epitomises our fight against corruption.”

Today, Jonathan with Waziri are being accused of trailing the old path of witch-hunt of perceived political opponents. Operatives of the EFCC have invaded Ilorin, Birnin Kebbi, Sokoto, Imo, Gombe and Dutse to arrest top officials of the Ministries of Work, Finance, and Local Government, reportedly on the orders of the Presidency. On the hit list are commissioners, permanent secretaries, chairmen and executives of councils.

This has roused curiosity in political circles. The governors of the five states - Dr. Saraki (Kwara), Muhammad Danjuma Goje (Gombe), Aliyu Magatakarda Wamakko (Sokoto), Sule Lamido (Jigawa) and Saidu Usman Dakingari (Kebbi), happen to be the ones who, at the July meeting of the Northern Governors’ Forum supported zoning. Goje and Saraki, who is the chairman of the Governors’ Forum, are allegedly nursing presidential ambitions, also interpreted as opposition to Jonathan’s alleged ambition to seek the PDP presidential ticket.

EFCC agents also rounded up officials of Rivers government on allegations of pilfering state funds. The State governor Rotimi Amaechi, a first term governor, is said to support zoning and by implication is opposed to Jonathan’s 2011 presidential bid.

The EFCC arrested three council chairmen, Chief Azubuike Nmerukini, Port Harcourt City, Prince Timothy Nsirim, Obio/Akpor and Kerian Wobodo, Ikwerre. Also invited is the State Commissioner for Finance, Mr. George Feyii and the Commissioner of Local Government affairs, Dr Tammy Wenike Danagogo. So far, the EFCC foray into Rivers is being tagged “use of federal might” against the state governor. Incidentally, the President’s wife’s recent tour of the state ended on a sour note after she publicly reprimanded the state governor over reconstruction of the waterfront in Port Harcourt.

Rivers under Amaechi is not a stranger to EFCC. This is the fourth time that operatives of the commission would swoop on the state since he became governor. His clash with the EFCC dates back to December 2006, when EFCC arrested him as Speaker of the state House of Assembly. As the PDP gubernatorial candidate for the 2007 elections, he was arrested and Obasanjo, on the strength of that arrest declared Amaechi’s candidacy as “having a problem.” Sir Celestine Omehia was picked to replace Amaechi as the PDP candidate but Amaechi fought in court until the Supreme Court declared him governor.

In October 2008, EFCC agents arraigned the Chief of Staff, Government House, Chief Ezebunwo Nyesom Wike before an Abuja High Court on a seven-court charge of criminal breach of trust and conversion of public funds totaling N4.6 billion belonging to the State government. In July 2009, the EFCC arrested the Secretary to the State Government, Magus Ngei Abe and some top members of the government over an alleged N4.7 billion fraud charge.

In June 2010 the EFCC also invited the Commissioner for Health, Dr. Sampson Parker and some top officials of the Health Ministry for questioning over alleged misappropriation of funds meant for the construction of Justice Karibi-Whyte Hospital in the Greater Port Harcourt City.

Amaechi described the EFCC mission as an abuse of rule of law since the commission did not vacate a court judgment debarring it from arresting anyone in Rivers. Amaechi said: “I support EFCC to investigate cases of corruption but they must do it with decorum, they should go to the court to discharge the earlier judgment of the court, because we must learn to respect the law since nobody is above it.”

Wondering why the EFCC would wait for another election season before clamping down on “so called corrupt politicians,” he recollected that what the EFCC is doing now is similar to what it did in 2006, when they tried to truncate his governorship ambition.

Ambrose Owuru of the Hope Democratic Party said that there is no doubt that EFCC invasion has political undertone. He said: “The use of EFCC is for selfish reasons. We are hoping that they use this power for the good of all Nigerians, not just what will favour them. Right now, the presidency appears unstable, worried and jittery. There are meetings, endorsements and so on, which should not be. The governors should not be scared because the EFCC can only investigate them at this point, it cannot prosecute. They should be firm in their belief.”

The EFCC operatives on Monday arrested five governemnt officials of the Jigawa for an alleged fraud involving N15 billion. The commissioner for Works who could not be traced was declared wanted. They house of the son of the Governor located in Kano was sealed. Governor, Sule Lamido, said that politicians who wanted to use him for their political ambitions were behind the investigation.

“This is the second time EFCC is coming here. They checked our books, but nothing came out of it. The objective now is to control me, but I cannot be cowed.”

The Northern Political Leaders Forum (G-15) in a statement signed by its spokesman, Dr. Iyorchia Ayu, stated that “use of EFCC to intimidate opponents poses threat to democracy, polity,” adding, “the G15 urges President Jonathan to enthrone a regime of tolerance of political opposition and to desist from the use of the EFCC to intimidate and harass governors and political leaders who are opposed to his ill-advised attempt to subvert the agreed zoning formula by seizing the PDP ticket in next year’s elections.

But a former member of the House of Representatives Nasiru Garba Dantiye said: “People are trying to politicise the activities of the commission. I remember during the Obasanjo era people were insinuating that the EFCC was out to witch hunt those against the third term ploy. The commission’s chairman then was against corruption and understood the problem of the country.

“Most of those shouting that the EFCC was witch-hunting people have big rats in their cupboards. There are media reports of some governors making some sentimental statements that the EFCC is after them because they are pro-zoning. That cannot be true. If they don’t have anything to hide, why don’t they open their house for investigation?

The EFCC denied that the PDP planned to clamp down on opposition politicians using the EFCC.

The commission says there is no going back in the investigations and dismissed as blackmail any attempt to link the ongoing crack down to the 2011 elections.

The commission’s Head, Media and Publicity, Mr. Femi Babafemi wondered if there was “any law barring EFCC from investigating fraud allegations before, during or after elections? No amount of propaganda or campaign of calumny will stop EFCC from carrying out its responsibilities of investigating and prosecuting economic and financial crime in any part of the country.”

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