EFCC: Between
Perception And Reality
By
Nuhu Ribadu
culled from THISDAY, May 31, 2006
A few days ago the National
Assembly opened debate on the amendment to the EFCC Establishment Act. A
bill seeking to amend the Act, to properly define the relationship between
the Nigerian Financial Intelligence Unit (NFIU) and the EFCC, has provided
an uncommon platform for comments in the Senate, that tend to reflect
similar ones already made, very erroneously, by a few Nigerians, that EFCC
is selective in its operations, is power drunk and should therefore should
be scrapped or at least, its powers substantially reduced.
The kinds of views expressed of late in the country reflect an observation I
made sometime ago, that fighting to change attitudes in a country like
Nigeria, a country riddled with endemic corruption is probably the most
difficult job anyone can undertake, anywhere in the world.
This is because the environment and reality of corruption radically alters
attitudes and disposition in a people. One of the first casualties is the
loss of faith and confidence in government. To many Nigerians, nothing good
can ever come out of the government, so, it is extremely difficult to
convince the majority of sceptics that the reverse is possible and something
good and genuine can and has actually come out of the system. It is easy to
locate the marrow-deep distrust and scepticism in Nigeria where, in the
past, leadership had failed the people in more ways than one. That
environment of doubt makes it extremely easy for enemies of the war on
corruption –who are seen everywhere you turn in Nigeria – to capitalize on
situations to try to rewrite history and turn the table on those attempting
to set the country back firmly on the right path to glory.
But before we destroy an institution that has done a lot to restore our
pride in our nation, we should spare some thought on where we are coming
from and the reality of the past three years.
Before the coming of EFCC, Nigeria was virtually a pariah nation on account
of the negative impact of advance fee fraud and other types of economic and
financial crimes on the image of our country. Every where in the world,
Nigerians were treated with intense suspicion that sometimes bordered on
paranoia and, foreigners were wary of coming to the country to invest. And
in Nigeria itself, corruption was the order of the day. Not to be corrupt in
a public office was seen as the exception rather than the rule.
Surprisingly, we all acknowledge that corruption is the reason why things do
not work in Nigeria; it is the reason why democracy had been failing in the
world’s tenth most populous nation. We all agree that corruption is the
reason why close to five decades after independence and with one of the best
concentrations of human and material resources in the world, Nigeria is
ranked as one of the poorest countries in the world.
In spite of knowing all these, there was not a single Nigerian in jail for
corruption. And that is not because we did not have the laws or the law
enforcement agencies. In deed, most of the laws that EFCC is enforcing
today, are laws that have been in existence all along, some of them were
even formulated long before EFCC, by some of the most brazen looters in our
history. The coming of EFCC changed everything. Those laws are no longer
being consigned merely for study in courses in the universities and Law
School. Today, they are being actively enforced. This is one of the major
reasons why some people are uncomfortable with us. Many people have bought
the misinformation that EFCC has too much powers. But that claim amounts to
giving a dog a bad name in order to have justification for hanging it. I
challenge Nigerians to pick up the laws setting up other law enforcement
agencies and look at the powers that they have and compare with what is
given to us to work in EFCC and point out clause by clause, where we seem to
have been given more powers than any other law enforcement agency in
Nigeria.
The truth of the matter is that in the context of legislation, EFCC is just
like any other law enforcement agency, in fact, we have much less powers
than most. But, the difference we have brought to the situation is that of
enforcement.
In the past three years EFCC has taken law enforcement in Nigeria to new
heights. We have refused to compromise or be compromised; we have refused to
be intimidated by corrupt public officers and fraudsters; we have insisted
on the Rule of Law. That is what has made the people who dragged us down to
the lowest level in our lives and are scheming to come back again to drag us
even deeper into the gutters, both angry and scared. Things have changed.
Now, not only are people being tried for corruption, a sizable number have
either served or are currently serving jail terms. Noteworthy is the fact
certain Nigerians that were once regarded as untouchables have been
subjected to the law by commission. As you read this, 57 convictions
involving over a hundred people have been secured by the EFCC for crimes
ranging from corruption, through banking fraud, illegal oil bunkering to 419
and several other crimes. This is a record in an environment where
litigations are usually long drawn and expensive. Even older and much more
experienced law enforcement agencies whether in Nigeria or outside the
country cannot boast of such record achieved within the same timeframe. What
is more, beyond the convictions, EFCC has recovered and either returned to
the treasury of the Federal Government or to individual or corporate
victims, hundreds of billions of Naira in cash and assets from corrupt
public servants and other fraudsters.
The most significant negative fallout of these successes has been that since
2003, at every important stage of the work we are doing, we have been called
names by virtually everyone who our actions do not favour at the particular
time –we have been called tribalists, religious zealots, persecutionists,
demons, just think of any name, and we have been called that name. I have
not been spared even in Yola, where I come from. Those who are being made to
face the law there have labelled me a sectionalist.
The point being made is that no matter what we do at EFCC, those who are at
the receiving end of the war on corruption would just not fold their hands
and allow us to come and wipe them and their corrupt ways out of the system
just like that. They are fighting back. The tactics they are employing now,
selling the misinformation that EFCC is the persecution organ of the
government, either through politicians or through the media, are aimed at
weakening the resolve of the Nigerian people to fight the war on corruption
to its logical conclusion.
The corrupt will do anything to get power –many of them are stealing right
now to achieve that. Many of those who are being unfortunately regarded as
the champions of democracy and praised in the media today, are plain crooks
who want to find their ways back into power to steal again. Rightly or
wrongly, they think some of the most formidable obstacles on the road to
realizing that devilish ambition are EFCC and Nuhu Ribadu, so they would do
anything to malign and destroy us. They do not do what they are doing or say
what they are saying about Nigeria in consideration of the common man or for
the growth and development of the nation. Their actions are undertaken for
the growth of their pockets and their stomachs. These are the people who
cannot thrive except in the environment of corruption and chaos. For all
they care, every other Nigerian can go hungry; every other Nigerian can go
without electricity, healthcare, qualitative education and other basic
necessities of life.
Criminals are today riding the crest of the opposition to attempt to worm
their ways back to power. The only way to move the country forward is to
have a selfless leadership. The emerging trend now is that of a gang-up
between corrupt public officers using public funds to promote themselves and
their businesses along with others stealing to promote themselves as
presidential candidates and so on and the hyper-corrupt politicians
brandishing sharpened axes to cut off and carry away our commonwealth.
Apart from having a proper legal framework and enforcement regime, the
re-establishment of Rule of Law in any country where it had been perverted,
is a gradual process requiring first of all, the will of not only the
leaders, but also the followers and unwavering persistence, because so many
booby traps would be set against the effort by those who were benefiting
from the perversion.
The labelling of EFCC in the past few months is designed to have a bizarre
consequence on effective law enforcement to the extent that Nigerians are
being made to believe that political factors play a part in determining
whether to enforce the law or not. I am still waiting to see anyone who
would name a single person that we have gone after because of his politics.
People should not just be making vague and sweeping general statements. I
have said this over and over, but let me repeat here again, that EFCC has no
business with politics. Ours is to enforce the law, pure and simple. It does
not matter what the political affiliation of anyone is. As long as he/she
has offended the laws that the Commission has been set up to enforce, we
will bring the person to justice, sooner or later.
Let me make on brief point about the huge expectation of 150 million
Nigerians from a three-year old Commission of under a thousand men. In
desperate bids to justify the misinformation that EFCC only goes after the
opposition, I have heard it asked again and again, “why is EFCC not going
after this or that individual?”... “Why is EFCC not inquiring into this or
that organization?” etc….
The simple answer is that EFCC is not a once-and-for-all cure for all of
Nigeria’s problems. We have never pretended that we have monopoly of
knowledge of the solution to every problem plaguing the country. We
certainly have limited capacity and resources and while we are humbled that
only three years after our creation, Nigerians expect so much from us, we
call on fellow countrymen to also task other law enforcement agencies.
Besides, we cannot be everywhere and it is humanly impossible for us to do
everything.
Many Nigerians who have been making comments about EFCC in relation to the
recent bribery allegations in the National Assembly are themselves refusing
to help us by coming forward with information that would assist us in our
work. We are too professional at EFCC to allow emotions and sentiments to
guide our operations. We work with information, evidence and facts. If we go
by sentiments expressed by Nigerians, we would have simply built maximum
security prison walls round the entire country because just about everyone
can swear that the next man is a thief and should be in jail, but ask for
evidence or information from the accuser so that you can take concrete
action that same Nigerian would refuse outright to give it to you.
He may even turn around to accuse you of having shared from the stolen
wealth and also give that as the reason you are allegedly not taking the
‘necessary’ of heavily descending on the accused person and sentencing him
prejudicially to a lifetime in jail! We are a responsible law enforcement
agency and would not do anything not covered by the law setting us up. We do
our work thoroughly; we do not compromise; we are not emotional about issues
and would only take matters that have merit and ones we can adduce
sufficient evidence to present convincing arguments in court. Those are the
simple reason for whatever modest successes we have achieved at EFCC today.
The challenge is to every Nigerian to stand up against unrepentant crooks
who are now struggling among themselves to steal power at all levels. The
challenge is for us all to see through their tricks and to reject the grand
deception of these wolves in sheep clothing, who are trying to make a
beeline to the honey pot via the destruction of one of the institutions
standing in their destructive path –EFCC. We must not hand them the tools
they so desperately want to have, by neglecting to be vigilant and to
challenge them with the facts of their past and present lives.
Nigerians should rest assured that EFCC would not succumb to blackmail. We
shall stay focused and by the grace of God, we are building in EFCC an
enduring institution that Nigerians shall ever be proud of. God bless our
nation.
•Ribadu, Chairman of
Economic and Financial Crimes Commission (EFCC) wrote this piece for THISDAY
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