Posted by By KUNLE OWOLABI (Lagos) & DENNIS MERNYI (Abuja) on
Ahead of the country's 47th Independence Anniversary, Nigerians from all walks of life have returned a damning verdict on the Economic and Financial Crimes Commission (EFCC), saying it has lost focus. Their reactions are coming particularly on the heels of the face-off between the Attorney General of the Federation and Minister of Justice, Mr. Michael Aondoakaa and the anti-graft agency over its handling of the Orji Uzor Kalu matter.
Ahead of the country's 47th Independence Anniversary, Nigerians from all walks of life have returned a damning verdict on the Economic and Financial Crimes Commission (EFCC), saying it has lost focus.
Their reactions are coming particularly on the heels of the face-off between the Attorney General of the Federation and Minister of Justice, Mr. Michael Aondoakaa and the anti-graft agency over its handling of the Orji Uzor Kalu matter.
Chief Ayo Adebanjo (Afenifere Chieftain)
EFCC has not followed any due process at all. It claimed to have been following due process that only started when President Umar Yar'Adua came into office. When General Olusegun Obasanjo established the EFCC, I was one of those who commended its creation but he used the agency in discriminatory manner, hunting only those who were opposed to his government. As good as the establishment of EFCC was, its operation under Obasanjo was a disaster. It should continue its operation under the guidance of law and the way Yar'Adua is directing it now will bring benefit to the country. Nuhu Ribadu has to adjust. He is a lawyer. He should do the right thing, the right way. He should stop acting like a brigand, breaking into people's offices and arresting people anyhow. He is doing a good job and he must do it the right way. It is the wrong and reckless way he was doing it before that was condemnable. The impression he gave earlier on was that he was Obasanjo's man Friday.
Chief Chukwuemeka Ezeife (Ex-gov of Anambra State)
As you know, all of us are in support of anybody or institution that is anti-corruption. The only problem is right process to take in fighting corruption. We need to know that selective justice is injustice. That is the point I want to emphasis. And so, far the EFCC has been doing selective justice, pursuing people it is asked to pursue. It cannot claim to be following due process at all. Selective justice is not even due process. I am not blaming the agency but it can't claim today that it has been following due process. Unless there is a mistake, maybe EFCC has its set of laws that it is following, I don't know. The process of real justice, I think, is not what EFCC is following.
Dr. Lateef Adegbite (Scribe, Supreme Council for Islamic Affairs)
I think substantially, the EFCC has been following the due process. But in few areas, it has not done what ought to be done under the law. And the Federal Attorney General has called the agency to order. But the manner of pointing out the error may well be subject of debate. But the only thing nobody can quarrel with is that we are all against corruption and we want strong arm to deal with corruption.
It must however, be within the framework of our laws and government cannot obey the rule of law in one respect and brake it in another respect. Substantially, EFCC has been doing things in the right way, but in one or two cases, and that is where the Attorney General pointed out to the agency. We should know that the criminal justice is an integrated process and it has to follow the law. But I don't think we should be quarreling over it. And it is not a matter of personality conflict either. On the issue of selective justice, everybody has indicated that. The point to make is that EFCC must be evenhanded at all times. Maybe it is difficult for the agency to prosecute all the cases at the same time. But certainly, EFCC must avoid selective justice.
Bamidele Aturu (Attorney)
Under former President Olusegun Obasanjo, the ECFF did not follow any due process, no. I followed the activities of the agency; they were far from due process. Every Nigerian knows that Obasanjo does not respect the rule of law. So, it was impossible for his agency to follow as well. But now, under the environment the agency finds itself, it makes things very difficult for it not to follow due process. EFCC has no choice in this time but to follow the rule of law. So, it is not a question of whether I agree or disagree with what EFCC said. I think EFCC wants to turn a new leaf now; we should watch and encourage it to follow due process of the law in its activities.
Dr. Isiak Lakin Akintola (Lecturer on Religious Studies)
I think EFCC has certain power to enable it pursue the prosecution of suspect, of people, who are accused of corruption. To a large extent, I believe EFCC has followed due process. I say to a very large extent. We must take a close look at the Nigerian situation. Those who are corrupt are very powerful and they use blackmail and every other weapon they can lay their hands on to ensure that they get an undue sympathy. And that is why there is no choice about EFCC not following due process. The former Bayelsa State governor, Diprieye Alamieyeseigha, cried blue murder over lack of due process. The Plateau State governor, Joshua Dariye, cried similarly. Even this (Friday) morning in the newspapers, Britain was reported to have declared Dariye wanted. This is because Britain is convinced that the man is a rogue. Britain is convinced that Alamieyesigha is a rogue. I think we need to separate the wheat from the chaff.
Balarabe Musa (Ex-gov of Kaduna State)
As far as I am concerned, due process is not the fundamental issue. The fundamental issue is dealing with the crime, hopefully with full regard to the written law. In other words, observing due process. But you know we're dealing with rich and powerful thieves in the country. And if you hammer on due process without regard to public interest, you will be enabling the thieves to escape, because the thieves are abusing due process itself.
They (the corrupt leaders) are so powerful that they can buy any judge, any judicial official and as far as they are concerned, every Nigerian has a price - every Nigerian, including EFCC. So, the first thing is to protect public interest. These corrupt people are so powerful that they can take advantage of due process to escape. EFCC has a difficult job and no one can find this job easy. The most important thing is - is EFCC doing the job? The second important thing is - is it doing it with regard to law and due process? And as far as I am concerned, if due process and public interest contradict each other - in fact they cannot - and due process makes it impossible to catch a thief for instance, then, due process should be tampered with, in the interest of the public.
Lanre Rasaq (ANPP Chieftain)
My reaction to the establishment of the organization from the outset is that we need it to sanities Nigeria because the greatest damage to our democracy is corruption. I strongly believe that EFCC is still performing wonderfully well. I have not seen it do anything that is outside due process. Unless you can convince me otherwise, I still believe the organization is doing well. Those who accuse it of selective justice should steer clear of crime. EFCC cannot arrest anybody who has not committed any offence. So, the best thing for people to do is steer out of corruption in order for EFCC not to arrest them. Two wrongs cannot make a right. I am not saying that EFCC has followed due process hundred percent but then, Nigerians being who we are, maybe we need minimum force to do what is right. I have not seen anything wrong in what EFCC is doing. But it can improve on its methodology.
Dr. Joe Okei-Odumakin (President, CD)
During the regime of General Olusegun Obasanjo, EFCC was used to carry out illegal harassment and intimidation against perceived political enemies. It was directly used for persecution instead of being an agency for anti-graft war. We all knew what happened under Obasanjo when the agency was used to remove elected governors, who were not in tune with him. Because corruption has become cancerous, EFCC is an idea whose time has come in this country. The rule of law should not be used to shield corrupt people. EFCC should strive also to operate within the ambit of the law. By and large, the EFCC should be strengthened to fight corruption rather than try to frustrate some of its activities.
Ebuolu Adegboruwa (Attorney)
Anybody who is involved in financial malpractice as public officer is accountable to Nigerians on behalf of the EFCC and through EFCC. So, far, I believe that crime has no colour and that when it comes to the prosecution of offenders there should be no discrimination or selective justice. I see the current efforts of EFCC being limited to the known opponents of former President Obasanjo administration. I believe that the investigation and prosecution should be extended to every corrupt officer.
In this regard, the arraignment of Orji Uzor Kalu, Joshua Dariye, Chimaroke Nnamani and Jolly Nyame, still give the impression that it is a war of persecution and campaign of selective justice targeted at known opponents of the policies of the past government. Presently, the activities of EFCC are purely political. The only way the commission can convince Nigerians that is waging a holistic war against corruption is to extend its tentacle all those involved in corruption. The anti-graft war is incomplete until it gets to Otta Farm for us to know the source of money that Obasanjo acquired to run the Bells University, the Presidential Library and how Otta Farm, which was moribund in 1999, has become the single biggest family business in Africa. We should look into those things, otherwise there is no point in fighting corruption.
Mr. Olalekan Olaosebikan (Marketing Officer)
In as much as I support the establishment of the Economic and Financial Crimes Commission (EFCC) and its fight against corruption, I think it should be operating with regard to due process and the rule of law, because fighting corruption without following the due process is corruption itself. For instance, cutting corners to ensure someone is put behind bars is not proper. Whatever allegations levelled against anybody, either on corruption or any other matter, is not confirmed until the allegations are proven by a constituted court of law.
Again, if what I am been charged for is a bailable offence, it is not right for any one to deny me bail. So it is also not correct for EFCC to go behind and frustrate efforts to getting some on bail. Remember the case of the late Hon. Maurice Ibekwe who died in the EFCC custody. I can say that he was killed by the EFCC. They literally killed him because they did not allow him to get the necessary medical treatment he required for his sickness he picked up in their cell. They did not even allow him bail.
Usman Abdulkareem (Banker)
As far as I am concerned, EFCC as an institution created by law, is good but was used by the previous political leaders as an instrument for witch -hunting perceived enemies. Nonetheless, EFCC can do a wonderful job if it is allowed to function independently and compelled to operate within the laws establishing it.
I also believe that EFCC can do well if it is really operating within the ambit of the law establishing it. And we believe that the rate of corruption in the country will certainly reduce. It only need to operate with some level of credibility and transparency, I tell you everybody in our society will be very careful including those in the private sector. But I don't think EFCC is doing the job it is supposed to be doing since it has turned itself to doing political jobs for the then government in power. However, we thank God, with the coming of Yar'Adua now we hope things will change.
Innocent Nwabueze (Civil Servant)
I have been following the activities of the EFCC right from creation, and from my own perspective, it has done well in some areas but when it comes to the rule of law, I don't think they have lived up to expectations. It has violated both rule of law and the due process in its operations. For instance, in recent times, it does not respect court orders given either not to arrest a person or discontinue with some cases because it was used to doing such during the regime of the former President Olusegun Onasanjo. So for me, it is not respecting the rule of law neither does it have regard for due process.
Mohammed Sani (Businessman)
EFCC is the institution we all respected and trusted but later on, it became a machinery of some politicians for use to further their own personal mission, doing selective justice where they used it as a vindictive weapon against their enemies.
However, we are very grateful with the new regime that has subjected it to due process and rule of law as announced by the Attorney General of the Federation and Minister of Justice.
Stephen M. Odion (Businessman)
To me, it is high time President Yar'Adua called Nuhu Ribadu to order by relieving him of that job. The dog is supposed to wag its tail, not the tail wagging the dog as being demonstrated in the absurdity of Ribadu and his soul mates in the Orji Kalu case. Ribadu is a policeman whose duty description is to enforce the law of the land. The Attorney General is designated the Chief Law Officer of the land and recognized by the constitution.
Insubordination is a serious crime in the police service. By refusing to submit to the Attorney General, Ribadu is presenting himself as a policeman who would not surrender to superior authority. Nigerians should forget and forgive those who have lost focus on how to move the nation forward. Mallam Ribadu is a hang-over from the discredited regime of Obasanjo, that all the good people of this country want to bury outright. Mr. Mike Okiro, the acting Inspector General of Police, should help shop for Ribadu's replacement, and recommend him to the president. Good eggs still abound in the police service.