ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) AND THE FIGHT AGAINST CORRUPTION IN NIGERIA: AN ASSESSMENT
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ECONOMIC AND
FINANCIAL CRIMES COMMISSION (EFCC) AND THE FIGHT AGAINST CORRUPTION IN NIGERIA:
AN ASSESSMENT
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY
Close to a
decade after the inauguration of the Economic and Financial Crimes Commission
(EFCC), the war against corruption in Nigeria continues to rage with the
anti-graft body clearly not having the upper hand. The bulk of the blame has
been put on the Federal Government for not allowing the Commission to function
without undue interference. It is believed in some quarters that most of those
who should be arrested, investigated and prosecuted by the EFCC are enjoying
protection from the Federal Government and people hardly get hounded by agents
of the commission unless they have fallen out of favour with the Government.
The leadership of the Commission has changed a number of times but the system
with which it pursues its mandate has remained the same over the years. Many
had questioned the genuineness of the intention behind the commission right
from its first few years as it was largely seen as a tool by the Federal
Government to witch-hunt real or perceived opponents.
Though the
fear of the EFCC was the beginning of wisdom in the Obasanjo years, it became
obvious that the Malam Nuhu Ribadu-led commission targeted mainly those who
dared to antagonize the President. Though back then, the EFCC was seen to be
working, though not without some flaws. For instance, Rotimi Amaechi faced fire
when the EFCC brought up charges of financial impropriety against him just
before the 2007 elections and he was dropped as the governorship candidate of
his party. It was later made public that it was because the powers that be were
not favourably disposed to his ambition to rule Rivers State. Peter Odili too
aspired for the PDP’s presidential ticket in 2007. It was an open secret that
former President Olusegun Obasanjo used the EFCC to frustrate that ambition.
One of the
beneficiaries of Obasanjo’s effective usage of the EFCC was Engineer Segun Oni,
the deposed Governor of Ekiti State. Though he came third in the shadow
elections, during a meeting with the three top contenders for the PDP’s ticket,
the President brought out a file which he claimed was the EFCC’s dossier on
Yinka Akerele who came tops at the primaries. There and then, Obasanjo in his
wisdom decided that Oni should be chosen as the party’s candidate. He was
immediately told to go and flag off his campaign in Ado Ekiti. Joshua Chibi
Dariye, a Governor was arrested in London with loads of money Dariye found his
way to Nigeria after being granted bail. Not long after, Nuhu Ribadu addressed
the Plateau State House of Assembly and pronto, Dariye was impeached He challenged his impeachment and was reinstated
by the Court, with the verdict being upheld by the Supreme Court. After the
expiration of his tenure in May, 2007, he was arraigned at Federal High Court,
Guda on a charge of stealing over N 700 million. He was granted bail and today,
Dariye is a Senator of the Federal Republic.
The situation
in Ekiti state was somewhat similar. No one ever believed Fayose could be
impeached by the House of Assembly in which he controlled the majority. On one
occasion, he opened a portion of the Government House for his guests and there
the House of Assembly was holding a meeting around 1 a.m. After the arrest of some of his friends and
associates over a failed poultry project, the EFCC swooped on the Ekiti State
House of Assembly and after several visits to the EFCC facilities in Lagos and
Abuja, the legislators were made to understand that the commission had records
of the funds they collected for constituency projects and how the funds were
utilised. Not long after, the legislators backed down and the vote of absolute
confidence earlier passed on the Governor gave way. He was impeached along with
his deputy and his case started in court on December 17, 2006. He was accused
of looting about N 1.2 billion.
So far,
Lucky Igbinedion is the only former Governor who has paid back part of his
loot. While facing a 191-count charge of money laundering, Igbinedion opted for
a plea bargain and he paid back N 4.3 billion in a case that was determined in
2008. To many, the EFCC was simply playing to the gallery as it continued to
drag people to court and the number of convictions obtained did not show that
it was indeed winning the war against graft. The cases of Bode George as well
as the assets forfeiture of Tafa Balogun and Dipreieye Alamieyesegha are the
major achievements the commission can boast of.
The commission
blamed the Executive for interfering in its activities through the office of
the Attorney-General of the Federation. Bails have allegedly been secured for
people who were arrested by the Commission through the Attorney General. And at
the end of the day, the country ends up being the loser, if an agency that is
funded by the Government is prevented from carrying out its functions by agents
of the same government. Internal politics also affected the quick and diligent
prosecution of a lot of cases. Each time a new Chairman comes on board, there
is bound to be the redeployment of officers believed to be in the structure
built by the chairman’s predecessors. The transfer of a lot of investigators
has reportedly done a lot to affect the cases that were handled by such
officers.
In
conclusion, this study aimed at looking at the EFCC and their fight against
corruption in Nigeria (A won or lost battle). It suggested that the commission
should explore the inter-nations technical co-operation on corruption, to develop
mechanism that would help Nigeria have a system that discourages outright
stealing of public fund, and develop an anti-corruption war that relied on
forensic evidence, well-trained personnel and free of unnecessary
controversies. EFFC should, this time-around, effectively utilize the
provisions in the National Assembly Act
2004, establishing it. For instance, Part III, section 12, subsection 1(c) and
subsection (2), which provided for establishment of Research Unit; and any
committee to assist the commission, are good avenues for the commission to
explore to bring itself at par with Nigerians expectations. However, the best
weapon the new helmsman of EFFC have, is, adherence to rule of law, because
with the current uncompromising stand on adherence to Rule of Law, by President
Yar’Adua, any disregard of Rule of Law
will not only send one to kuru, it may send one to Kirikiri.
1.2 STATEMENT OF THE PROBLEM
Corruption
is one of the most widespread social evils in Nigeria; it is seen as a main
threat in the public and private sphere. Corruption undermines fragile
democratic systems by fuelling popular disillusionment with politics and
politicians; it also undermines trust and confidence, which are necessary for
upholding and development of sustainable economic and social order. Corruption
is not only peculiar to Nigeria, it is a global phenomenon. However,
anti-corruption war in Nigeria is like a gun-war being fought with bows and
arrows, it is a war that can turn its fighters into victims and those being
fought into heroes, it is a war that both sides manipulate to gain personal and
political points, it is a ‘world’ of controversies, politics, extensive debates
and high public expectations.
EFCC is the
central institution saddled with the responsibility of fighting Nigeria’s
anti-corruption war. The Commission and its helmsmen were recently featuring in
the news in positive as well as negative pictures, both at local and
international media. EFCC and its
protagonists hold the view that, the Commission is on the right track; while
its antagonists and some public commentators have observed some lapses in the
manner the Commission is executing its mission.
1.3 RESEARCH QUESTIONS
The
following are some of the questions which this study intends to answer:
i) what is the prevalence of
EFCC and their fight against corruption in Nigeria?
ii) what are the factors
responsible EFCC and their fight against corruption in Nigeria?
iii) what are the ways in which the
EFCC can win their fight against corruption i
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