It is no longer in doubt that
Nigerian politicians have near-infinite capacity for mischief. But what is new
is the limit to which some politicians can push their luck through the erection
of certain contraptions decorated as anti-graft institutions to curry favour
from the rest of the largely gullible public and by so doing carefully hide
their misdeeds and escape the long arm of the law when they are long gone from
the corridors of power.
In playing these games of
hide-and-seek, Nigerian political office holders have clearly discovered that
the best way to succeed in hiding their misdeeds and heist of public fund is to
cultivate friendship with leaders of religious institutions and also compromise
high profile law enforcement operatives to look the other way while they escape
with their loots. Collectively, Nigeria has lost over $400 billion USD to
political corruption since crude oil was discovered in commercial quantities
over four decades now.
Those among the political office
holders at the state level like governors who have lost favour with the powers
-that -be at the national level are actively busy with their State House of
Assembly to introduce certain bills that may undermine the authority of some
national anti-graft institutions that directly take operational orders from the
presidency.
Since the two federal anti-graft
institutions were established, some state governors whose activities have
attracted the investigative attention of these anti-graft bodies have used
several confrontational measures to slow down the efficiency and effectiveness
of these bodies namely-the Economic and Financial Crimes Commission (EFCC) and
Independent Corrupt Practices and allied offences Commission (ICPC).
When Mr. Nuhu Ribadu was chairman of
EFCC he told the National Assembly then that over 15 governors were under the
investigation of the anti-graft commission but since these governors lost their
constitutional immunity from criminal prosecution, they have individually
deployed the huge financial muscles and resources they acquired illicitly while
in office to hire senior lawyers and also financially induce some judges to
undermine the speedy prosecution of these cases.
During the regime of President
Olusegun Obasanjo who created these anti-graft bodies, they came under
considerable criticism for allowing themselves to be deployed as attack dogs
against political opponents of the then President.
The pattern of criticism against the
anti-graft bodies is yet to abate even under the current dispensation to an
extent that the Imo State political administration has not only accused the
anti-graft bodies of witch hunt but the state house of Assembly has proceeded
to initiate a bill to establish a miniature type of anti-graft commission.
The resolve of the Imo State House
of Assembly to establishment its own type of EFCC was activated recently
following persistent arrest of key political officials in the current Imo state
government including the Finance Commissioner and the speaker of the state
legislature under whose watch the drama of establishing a miniature EFCC is
playing out.
Since two years that the current Imo
State government came on board under Governor Rochas Anayochukwu Okorocha,
there have been several cases of contractors running away with huge financial
resources meant for projects that they failed to execute.
The inability of the Imo state
government to arrest and retrieve these huge state fund stolen by contractors
in connivance with state officials has created considerable worry in the minds
of people who have filed petitions with the Federal anti-graft agencies praying
them to recover these public money stolen-under the watch of the current Imo
state administration.
The current Imo state government
belongs to the opposition All Progressive Congress different from the national
ruling party-Peoples Democratic Party (PDP). Rather than work actively with the
national anti-graft bodies to recover stolen Imo state fund, the current
political administration accused the national ruling PDP of deployment of the
anti-graft bodies to go after the Imo State officials because of their
political orientation. To add insult to injury, the Imo state House of Assembly
has commenced the drama of creating a state controlled Economic and Financial
Crime Commission in clear contravention of the popular legal maxim that a man
cannot be a judge and prosecutor in his own case (Nemo Judex, non Causa Sua).
While the political officials still
go about with the drama and foolery of setting up Imo State EFCC which must not
see the light of the day, the Imo state government must provide clear answers
to the questions that have arisen from the disappearances of huge public fund
into private pockets of failed contractors with the criminal connivance of some
Imo state government officials who still draw huge salaries and wages from Imo
state treasury.
Recently, the EFCC arrested and
released the Imo state Accountant General Mr. George Ezenna Eche and the
Commissioner for Finance – Mr. Chike Okafor.
The two officials were
arrested relating to petitions sent to the commission alleging that a
construction company JPROS International Limited was paid over N1 billion for a
construction contract.
The company was alleged to have been
paid the full cost of the contract even though work had not commenced on the
project.
The contract led to the impeachment
of the former deputy governor in the state, Jude Agbaso, according to news
report. Newspaper report say this is the second time the anti-corruption
agency has carried out the detention of the two officials over allegations of
fraud and abuse of office. The duo were arrested in January and granted bail
but were never charged with a crime, thus making tongues to wag regarding the
professional efficiency and effectiveness of this anti-graft agency.
Confirming their arrest and
interrogation, spokesman of the commission, Wilson Uwujaren said their
detention was part of the ongoing investigation of the N458 million scandals
that led to the impeachment of the former deputy governor.
Conversely, report says the EFCC
quizzed Hon. Simon Iwunze, Chairman of the Imo State House of Assembly Ad-hoc
Committee that investigated Agbaso. He was quizzed and released on
administrative bail. Imo state government has alleged political witch hunt for
the embarrassing arrest of her officials.
A source from the Imo State
Government who spoke to newsmen said the continued arrest and interrogation of
senior officials of the Imo State cabinet and members of the state assembly
were orchestrated attempts to incriminate the governor, and thus prepare
grounds for his impeachment.
“What is happening is not new to us.
It is part of the tactics to incriminate the governor and prepare grounds for
his impeachment. We know those behind it".
Citing unspecified Imo state source, a newspaper reporter claimed the official told him that the attack by EFCC has intensified following the comment by the Speaker of Imo state House of Assembly, Benjamin Uwajumogu, that some politicians offered N3 billion to him to facilitate the impeachment of the governor, which he rejected.
Confirming the threats of
impeachment, the deputy governor, Prince Eze Madumere told newsmen in Abuja
that what was happening was purely politics. These top ranking Imo state
officials should provide clear and concise response to the query regarding the
whereabouts of the state fund that disappeared into private pockets.
As a citizen of Imo State, I am not
worried about the politics surrounding the arrest of these state officials but
my fundamental worry is to see that all funds stolen from the Imo State
treasury under the current and all previous administrations are returned and
deployed to provide infrastructure and social services to both Imo rural and urban
poor.
The Economic and Financial Crimes
Commission (EFCC) must also come clean and operate in line with the law setting
it up just as it is unjust for officials of the anti-graft agencies to let
themselves be deployed as foot soldiers of the PDP led federal administration
to go after Imo state officials just for the fact that they belong to different
political platform different from President Goodluck Jonathan.
Constitutional backing for the
establishment of the anti-graft bodies is anchored on section 15(5) of the 1999
constitution (as amended) which obliges the Nigerian government to abolish all
corrupt practices and abuse of power.
Under the Economic and Financial
Crimes Commission (establishment) Act of 2004, the key functions of the
anti-graft body are found under part II, section 6.
The Federal EFCC is obliged by law
in application all across the federation to carry out the functions of;
investigation of all financial crimes including advance fee fraud, money
laundering, counterfeiting, illegal charge transfers, futures market fraud,
fraudulent encashment of negotiable instruments, computer credit card fraud,
contract scam...; the co-ordination and enforcement of all economic and
financial crimes laws and enforcement functions conferred on any other person
or authority and among others the adoption of measures to identify, trace
freeze, confiscate or seize proceeds derived from terrorist activities,
economic and financial crime related offences or the proprieties the value of
which corresponds to such proceeds.
The second anti-graft body is
clothed exclusively with the functions of fighting all traces of bribery and
corruption under the corrupt practices and other related offences Act of year
2000 [ICPC].
From the above, it can be seen that
Nigeria has more than enough bodies to tackle corruption and economic crimes of
all facets in all segments of the Nigerian society and so any attempt by any
state government to duplicate the functions of these federal anti-graft
agencies must be resisted by the people.
This is because economic crimes and
corruption at the local and state government levels affects the lives of over
60 percent of the entire populations of Nigeria and so only independent
anti-graft bodes can galvanize the credibility and wherewithal to confront
these hydra-headed monsters.
What should be upper most in the
minds of state government officials and members of the general public is to
mount pressure on the National Assembly to amend the extant enabling Acts that
set up these two federal anti-graft bodies so as to confer enhanced financial
and operational independence and remove them from the suffocating political
control of the presidency. Imo state government should partner credible civil
society groups to undertake tremendous advocacy in that regard rather than
waste money chasing shadows in the guise of setting up Imo state EFCC.
The argument for desiring to set up
Imo State‘s miniature economic and financial crimes commission is not grounded
in law and so must be discontinued except the current crop of politicians in
Imo State derive joy in ridiculing and exposing the good people of Imo State to
opprobrium.
The 26 member Imo State House of
Assembly who are dramatizing the ongoing joke of establishing miniature EFCC
should stop disgracing Imo state and face other challenging functions of making
good laws for the betterment of Imo State and should play their Constitutional
roles in providing effective checks and balances so Imo State executive Council
members and agencies are compelled to effectively deliver services to the good
people of Imo State that is why they were elected.
* Emmanuel Onwubiko; Head; HUMAN RIGHTS WRITERS
ASSOCIATION OF NIGERIA; blogs@www.huriwa.blogspot.com;
www.huriwa.org.
28/11/2013
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