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Waziri’s Headache

October 13, 2008 11:40, 746 views

Four months after taking the job, Chairman, Economic and Financial Crimes Commission, EFCC, Mrs. Farida Waziri faces a serious challenge from the judiciary

By Tony Orilade /Abuja

Tuesday last week, an Abuja High Court ordered the Economic and Financial Crimes Commission, EFCC, to release the international passport of Senator Iyabo Obasanjo-Bello and Prof. Adenike Grange. The release, the court said, would enable the duo to undertake trips abroad. The order was handed down by Justice Salihu Garba, following applications filed by their lawyers, Mr. Oluwole Aladedoye and Oladele Gbadeyan.

The duo were among the 12 accused in the over N300million unspent budget fraud in the Federal Ministry of Health earlier in the year. Findings by this magazine showed that the release of Obasanjo-Bello and Grange’s passports last week has brought the number of such release to six, fueling public perception that it was a mere ‘arrangee’ between the commission and the suspects, using the court as the playing field.

This, however, runs contrary to the position of the Commission’s Chairman, Mrs. Farida Waziri, who views the development as a “big headache”. An EFCC source said: “It is part of the daunting challenges the commission is facing, which are giving our Chairman sleepless nights.” It would be recalled that Mrs. Waziri, upon taking the job, boasted during her screening by the Senate: “I will step on toes, no matter how powerful the person is.” Four months after, the determination by the boss of the anti-corruption agency to give vent to her boast is being put to a serious test by the judiciary. Though the commission had arrested and charged three ex-governors in addition to the continuation of the trial of eight ex-governors in court, the manner the judiciary is reversing itself on the bail conditions given to the ex-governors is sending wrong signals to members of the public. The public perception of the commission’s handling of the cases involving ex-governors is hinged on the fact that many doubted Waziri’s credibility and suitability for the job in the first place. She had been touted in the public domain as a shield against prosecution of past governors.

EFCC’s Head of Media and Publicity, Femi Babafemi, however, told this magazine that the lack of trust in her ability to deliver by many Nigerians continues to spur Mrs. Waziri to go after ‘‘corrupt big men and women’’. Among the ex-governors whose bail conditions have been watered down by the judiciary are James Onanefe Ibori of Delta, Lucky Igbinedion of Edo, Orji Kalu of Abia and Boni Haruna of Adamawa. Their international passports hitherto deposited with the EFCC as part of the bail conditions have long been handed back to them on the ground that they were traveling abroad for medical check-up.

This development, an Abuja-based civil servant who pleaded anonymity told TheNEWS, is pre-arranged between the accused and the anti-graft agency. Another respondent, a lawyer, said the game plan is simple: “Arrest them, take them to court and the case would die a natural death because of lack of will power on the part of the prosecution. How many convictions have they recorded from the numerous cases brought against ex-governors? How many years will it take to secure conviction? Why return their international passports to them when that was one of the conditions in granting them bail? We all know that ex-governor DSP Diepreye Alamieyeseigha was persecuted and not prosecuted.”

As if offering answers to all the questions, Babafemi said the delay in the judicial process, especially in the handling of corruption cases, is really hurting the commission. “Many uninformed people erroneously think that the delay is caused by the commission, not knowing that its work ends in arrest and arraignment of offenders”, he explained. A good example as reported by this magazine recently was the handling of the petition sent to the EFCC by the Osun State chapter of Action Congress, AC, against the First Osun State Election Petitions Tribunal members. This magazine reliably gathered that the EFCC rose up to the challenge of looking into the petition, but was urged to hands off the matter. Information available to TheNEWS shows that the anti-corruption agency’s earlier invitation to the MTN directors to avail the commission of the official call logs, record of voice calls as well as text messages of Chief Kunle Kalejaye, SAN, counsel to the Osun State Governor, and the Osun State Election Tribunal members headed by Justice Thomas Naron, was ignored.

Two weeks later, MTN sent its lawyers without the EFCC demands, to have a ‘talk’ with the commission’s Chairman, Mrs. Farida Waziri. “But the infuriated Chairman chose not to have anything to do with the lawyers, more so that they did not come with the call lists and SMS messages of the accused as requested,” a source offered. “Our letter was definitive,” Mrs. Farida was said to have told the lawyers. “It (the letter) stated unambiguously that we want to see the directors with the call logs and SMS messages of the accused.’’

A twist was, however, introduced into this corruption saga when the National Judicial Council, NJC, was alleged to have directed the EFCC to hands off the investigation. A source at the office of the Chief Justice of Nigeria, Justice Idris Kutigi, who is the Chairman of the council, told TheNEWS that the NJC, and not the EFCC, is constitutionally empowered to investigate such allegation. The source said EFCC was overstepping its bounds when it indicated interest in investigating the petition. Waziri was said to have stood her ground, which made the communication network to honour the invitation. All these, the magazine gathered, constitute a clog in the wheel of the Commission’s progress.

The Commission’s spokesman said that in spite of the hiccups, one of the easily noticeable achievements of the Waziri-led EFCC is the continued, and invigorated, battle against corruption as epitomised by the arraignment of some people hitherto considered as untouchable in court for corrupt enrichment by the commission. They include Senator Obasanjo-Bello, Chief Kenny Martins and other members of the Police Equipment Foundation, Bode George, Femi Fani-Kayode, Chief Babalola Borishade and Chief Rashidi Ladoja. He said further that not only has the trial of some former governors continued in the courts, the recent arraignment of former governors Michael Botmang and Boni Haruna is a clear testimony that the bar of the anti-corruption war has been raised.

Before now, the commission had been accused of concentrating on the executive arm of government, especially former governors. That also seems to have changed as former ministers, a senator, and local government chairman were arraigned lately by the commission. Also, EFCC in collaboration with sister agencies, had intensified its fight against oil bunkering, which culminated in the recent prosecution of 14 Filipinos.

Waziri recently hired four Senior Advocates, SANs, to strengthen the Commission’s prosecution team. This magazine gathered that efforts are in top gear by Waziri to launch an anti-corruption revolution, a campaign she conceived to sensitise Nigerians on the ills of corruption. The question of what happens to properties confiscated from perpetrators of economic crimes has also been on the front burner. There have been varied opinions regarding how such properties or monies should be handled. The new EFCC boss, in line with international best practices is, however, seeking for an amendment of existing laws with regards to asset forfeiture. She recently took the campaign to the National Assembly, where she met with Speaker of the House of Representatives, Hon. Dimeji Bankole.

Babafemi said Waziri has also recorded achievements in the area of staff welfare. This is in addition to ongoing efforts to put in place a permanent office structure and staff quarters for the Commission. Meanwhile, the federal government, penultimate Thursday, said the Commission had grown to become a robust and reputable national institution that commands the respect and admiration of Nigerians and the international community. Attorney-General and Minister of Justice, Chief Michael Aondoakaa stated this while declaring open the first-ever Management Retreat of the EFCC which held in Lagos. The Minister reviewed the performance of the EFCC since its inception over five years ago and delivered a verdict of excellent on its impact. “By your hard work, commitment and personal sacrifices to this nation, the Commission has grown from a relatively small institution at birth some five years ago, to a robust and reputable national institution,” he noted.

The Minster expressed delight at the improved image of Nigeria abroad and linked it with the “visible and evident” successes being recorded by the EFCC in its anti-corruption war. Speaking at the occasion, Waziri reiterated her Commission’s commitment to the observance of the rule of law in prosecuting the anti-corruption war. She said since the federal government has, for the first time, brought to the fore emphasis on the rule of law, which is pivotal in its seven-point agenda, it is imperative for the EFCC to re-align its operations to conform with the government policy.

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Comments (2)

  1. tata

    13 October 2008 20:53

    what has giving soeone is travel documents back got to do with the quality of the prosecution…so are u saying since they have their passport back, they would now be found not guilty?

  2. OLUSOLA THOMPSON

    17 October 2008 15:14

    I would like to state clearly that about time we Nigerian stop all these self conflicts that is making mockery of our Nation. Every time some one is doing something tangleable some bad eggs would go to any lenght to put stop to it, why ? why ?. It look to me that we always love to press the distructive buttons. For God’s sake change.

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