{"id":443740,"date":"2011-06-19T00:00:28","date_gmt":"2011-06-19T00:00:28","guid":{"rendered":"http:\/\/www.ghanamma.net\/2011\/06\/19\/graft-in-high-places-the-politics-of-anti-graft-war\/"},"modified":"2011-06-19T00:00:28","modified_gmt":"2011-06-19T00:00:28","slug":"graft-in-high-places-the-politics-of-anti-graft-war","status":"publish","type":"post","link":"https:\/\/www.ghanamma.com\/2011\/06\/19\/graft-in-high-places-the-politics-of-anti-graft-war\/","title":{"rendered":"GRAFT IN HIGH PLACES: The politics of anti-graft war"},"content":{"rendered":"
\n

*And the corruption in politics
*Why EFCC is walking a tight rope<\/p>\n

Eight years after it was set up, the Economic and Financial Crimes Commission, EFCC, may have recovered $11 billion and achieved over 600 prosecutions. However, the perception in some quarters is that the commission could have done more were the imbecility of politics not a factor in its activities. Whereas there appears to have been a shift from the corruption-laden environment which predated the establishment of EFCC, this report brings into sharp focus the challenges of anti-corruption in a socio-political environment with clashing interests.<\/strong><\/em><\/p>\n

By Jide Ajani,<\/strong> Deputy Editor<\/p>\n

John Apkanudoedehe is of the Action Congress of Nigeria, ACN.\u00a0 In March, after being granted bail by an Abuja High Court, he was immediately re-arrested, slapped by a police officer and whisked away.\u00a0 No leader in the Peoples Democratic Party, PDP, or its members in the House of Representatives saw anything wrong in the action.<\/p>\n

Last Monday, June 13, Dimeji Sabur Bankole, immediate past Speaker of the House of Representatives and a leader \u2013 in his own right –\u00a0 of PDP, was granted bail by an Abuja High Court.\u00a0 But before he could savour the sweet smell of freedom, the officers of the Economic and Financial Crimes Commission, EFCC, whisked him to another high courtroom and slammed him with a fresh round of charges, numbering 16 \u2013 he had to file fresh bail application.\u00a0 What goes round comes round.<\/p>\n

The anti-corruption agency has come out to claim that it did no wrong.
But Bankole\u2019s lawyers shouted blue murder, complaining that \u201cit tantamount to laziness and unseriousness on the part of the EFCC to file charges in installments\u201d.<\/p>\n

How did Bankole\u2019s case get to this sorry pass?<\/p>\n

Well, Sunday Vanguard can reveal that the former Speaker is both a victim of politics and graft-politics because he may be paying for what a source described as \u201csins of omission and commission during the days of the health challenges of the late President Umaru Yar\u2019Adua when the issue of transmission of power was seen as being blocked by the leadership of the House of Representatives; graft because the EFCC has laid a plethora of charges on his path some of which have seen many ask how much a legislator should actually earn.<\/p>\n

The allegations as slammed on Bankole and the dramatization that is going on are meant to serve multiple purposes.<\/p>\n

First, especially at a time when President Goodluck Jonathan was meeting with President Barrak Obama of the United States, the trial of Nigeria\u2019s Number Four citizen who also happens to be a leader in President Jonathan\u2019s PDP, sends the type of message that the American Government would like to hear, see or read as proof-positive that Nigeria is on the march against corruption.<\/p>\n

Following closely on the heels of that but with distant relationship is the need to \u201cmake other high ranking public office holders understand that the war on corruption can be fought at anybody\u2019s door-step or even anybody\u2019s living room\u201d, a source in the presidency told Sunday Vanguard.<\/p>\n

In fact, it is for this reason that EFCC is continuing its investigation of some of the state governors and their deputies who just left office.\u00a0 They are believed to have used politics and governance to corruptly enrich themselves.<\/p>\n

In an interview with Farida Chinyere Waziri, Chairman of EFCC, she hinted at that in response to a question:<\/p>\n

\u201cQUESTION: The governors and deputies who just left office and who are without immunity, how many have been or are being investigated by the commission or are being slated for trial?
\u201dANSWER: It is not the practice of\u00a0 EFCC to heat up the polity by making pronouncements on on-going investigations.<\/p>\n

When we are ready to take up issues with any former office holder, the public will surely know\u201d.<\/p>\n

How Efcc operates
For the Commission, there is something called operating under the radar.
It was one of such moves that led to the alleged discovery that\u00a0 the former Speaker was planning to flee.
Sunday Vanguard investigations discovered that despite the fact that names of other members were mentioned in the on-going trial of both the Speaker and his deputy, \u201cthe commission does not arrest or summon suspects based on mere mention\u201d.<\/p>\n

According to one of our sources at\u00a0 EFCC, \u201cit is not our practice to detain or arrest anybody based on mere mentioning of his name when there is no documented and conclusive evidence to invite such a person. We do that only after our men had concluded all necessary investigations on such a suspect before we act.\u00a0 What our men are doing is to have enough evidence before placing such a suspect under surveillance. For now investigation is still on-going.\u201d<\/p>\n

One of the first things the Commission does whenever it has thoroughly investigated an individual and has been able to establish a case, is to formally write the public office holder, inviting him or her for a chat at the Commission\u2019s office.<\/p>\n

Depending on the individual\u2019s worth in the polity, there must be a drama to this invitation.
That was what it did in the case of Bankole and other public office holders who had been tried \u2013 for instance, Olabode George.<\/p>\n

\u201cThe commission formally wrote the former Speaker to appear before it but he wrote back choosing to come at his own time which our men considered to be out of place.\u00a0 He wrote to us that he would come at his own designated time and our people felt that was not good enough as it could jeopardize our investigations\u201d, a source involved in the case told Sunday Vanguard.<\/p>\n

\u201cThe letter is meant to serve as an invitation and not a fore-warning or an alert for you to escape because when Nigerians receive such letters they jump out of the country to escape the long arm of the law\u201d, Sunday Vanguard was told.<\/p>\n

A source also told the Sunday Vanguard that what the Commission does when an individual is suspected of plotting to escape is to keep such a person under surveillance to forestall any attempt to escape justice.<\/p>\n

It was also revealed that the last option is the watch list, a process that ensures that such a suspect is not allowed to leave the country without being scrutinised.<\/p>\n

The Failed Assets Forfeiture bill<\/p>\n

Attempts made in the past by the commission to add to its legal bite in dealing with corrupt politicians met a brick wall as the National Assembly made sure the Assets Forefeiture Bill sponsored by it never saw the light of day.\u00a0\u00a0 The essence of the law is to make accused persons that flee the land but had acquired properties via financial crimes forfeit such acquisitions to the Federal Government.<\/p>\n

Twice the draft was sent to NASS but was thrown out, even after attempts made via a World Bank-sponsored programme for the legislators to grasp what the entire bill entailed.\u00a0 They also have their own reasons.
For instance, a senator told Sunday Vanguard that \u201cwith what we see going on, whereby some people are just singled out for public disgrace, why should the senate add more powers to the ones the Commission already has\u201d?<\/p>\n

Signs from above
Although in the interview with the EFCC chairman, she denied any suggestions that the Commission waits to gauge the mood of the powers-that-be before pouncing on an individual, the information on ground points in another direction.<\/p>\n

The present travails of Bankole, for instance, is seen as recompense for his role in delaying the legal framework for the enactment of a legislation that would have transmitted power to Jonathan during those days of Yar\u2019Adua\u2019s illness.<\/p>\n

Also, the action of a few legislators in the House of Representatives to work against the zoning arrangement of the PDP in picking a Speaker from the South-West, which led to the emergence of Speaker Aminu Waziri Tambuwal, may not have sailed through the way it did \u201cif Bankole had played a pivotal role in thwarting the efforts of his \u2018renegade\u2019 colleagues\u201d, Sunday Vanguard was told.<\/p>\n

In fact, the reason why it took the eve of the inauguration of the 7th Assembly before the arrest of Bankole, a source close to the former speaker said, \u201cwas because the authorities already knew that their zoning arrangement would not fly in the House, that they were bound to lose, hence the swift action to arrest and humiliate him that Sunday night.\u00a0 Can you beat that efficiency, on a Sunday night?\u201d But the EFCC chairman put a lie to this when she asked rhetorically: \u201cThere is nothing to say to this because we have never charged an innocent person to court.\u00a0 Never! Perception has no basis in law enforcement.\u00a0 Can perception become a piece of evidence that can be used in any court against anyone? So,\u00a0 EFCC, as an agency, cannot be used to persecute anyone\u201d.<\/p>\n

In far-away Europe last week, former President Olusegun Obasanjo declared that Nigeria\u2019s anti-corruption war was weak and feeble, that it lacked bite.\u00a0 However, what Obasanjo forgot to add, was that it was under his watch as President and Commander-in-Chief, that some of those whose trials commenced after 2007 committed their crimes.<\/p>\n

In addition, most of the activities of EFCC were tied to persons of opposing political views such that members of the public read between the lines. This was one of the accusations laid at the doorstep of Nuhu Ribadu, EFCC\u2019s founding chairman. Today, depending on which side of the fence an individual is, the anti-corruption battle has entered another phase.<\/p>\n

That explains why, for instance, Chief Olabode George, a co-ordinator for the Yar\u2019Adua\/Jonathan Campaign in 2007, was hauled into jail by EFCC under Waziri.<\/p>\n

The grand irony, however, is that there is a ting of politics in the anti-corruption war just as there is corruption in politics, with the open access it provides to government coffers.
EFCC CASES AND DEFENDANTS:<\/strong><\/p>\n

1. Ayo Fayose\u00a0\u00a0\u00a0 (Former Governor of Ekiti State), Federal High Court, Lagos, trial on-going (N1.2 billion), Inherited,\u00a0 granted\u00a0 bail by court<\/p>\n

2. Joshua Dariye (Former Governor, Plateau State), FCT High Court, Gudu, Adoption of Motion, Inherited,\u00a0 granted\u00a0 bail by court<\/p>\n

3.\u00a0 Saminu Turaki (Former Governor, Jigawa State), FCT High Court, Maitama, (N36 billion) Raised preliminary objection on court jurisdiction, Inherited,\u00a0 granted\u00a0 bail by court<\/p>\n

4. Orji Uzor Kalu (Former Governor, Abia State), Federal High\u00a0 Court, Maitama, Trial on-going (N5 million), Inherited,\u00a0 granted\u00a0 bail by court<\/p>\n

5. James Ibori, Federal High Court Asaba, Trial on-going (N10 million), Case just re-assigned by CJ, Inherited,\u00a0 granted\u00a0 bail by court<\/p>\n

6.\u00a0 Lucky Igbinedion\u00a0 (Former Governor of Edo State), Fed. High Court. Enugu, Convicted but EFCC\u00a0 has appealed the judgment, Inherited,<\/p>\n

7. Jolly Nyame\u00a0 (Former Governor of Taraba State),\u00a0 FCT High\u00a0 Court. Abuja, Trial on-going (N 180 million), Inherited,\u00a0 granted\u00a0 bail by court<\/p>\n

8. Chimaroke Nnamani\u00a0 (Former Governor of Enugu State), FCT High\u00a0 Court. Lagos,\u00a0 (N5.3 billion) Counsel seeking to\u00a0 transfer the case to another judge. Inherited,\u00a0 granted\u00a0 bail by court<\/p>\n

9.\u00a0 Michael Botmang\u00a0 (Former Governor\u00a0 of Plateau State),\u00a0 Fed. High Court,Maitama,\u00a0 Trial on-going (N1.5\u00a0 billion), Commenced\u00a0 by Waziri, granted bail by\u00a0 court<\/p>\n

10. Roland lyayi (Former Managing Director of FAAN) FCT. High Court. Maitama, Trial on-going (N5.6 billion), Commenced by Waziri, granted bail by court<\/p>\n

Continued from page 10<\/p>\n

11. Nyeson Wike (Ex-Chief of Staff to Governor of Rivers State), FCT. High Court. Maitama, For Hearing (N4.670 billion), Commenced\u00a0 by Waziri, granted bail by court<\/p>\n

12. Eider George (Australian Business man), FCT. High Court. Maitama, Trial on-going (N5.6 billion), Commenced\u00a0 by Waziri, granted bail by court<\/p>\n

13.\u00a0 13 Filipinos\u00a0 (Charged for oil bunkering), Fed. High Court. Benin, Convicted (65 Years), Commenced\u00a0 by Waziri<\/p>\n

14. 6 Ghanaians\u00a0 (Charged for oil bunkering), Fed. High Court. Benin, Trial Commenced, by Waziri, granted bail by court<\/p>\n

15.\u00a0 Patrick Fernadez\u00a0 (Indian Buisnessman), Fed. High Court. Lagos, Trial on-going over\u00a0 N32 billion fraud, Commenced\u00a0 by Waziri, granted bail by court<\/p>\n

16.\u00a0 Prof. Babalola Borishade (Former\u00a0 Minister of Aviation, FCT. High Court. Maitama, Trial on-going (N5.6 billion), Commenced\u00a0 by Waziri, granted bail by court<\/p>\n

17.\u00a0 Boni\u00a0 Haruna (Former Governor, Adamawa State), Fed. High Court. Maitama, Adoption of motion\u00a0 (N93 million), Commenced\u00a0 by Waziri, granted bail by court<\/p>\n

18. Femi Fani-Kayode (Former Minster of Aviation), Fed. High Court. Lagos, Trial On-going (250 million), Commenced\u00a0 by Waziri, granted bail by court.<\/p>\n

19. Prince\u00a0 Ibrahim Dumuje (Police Equipment Fund), FCT High\u00a0 Court, Abuja, Trial on-going Suspect\u2019s, Commenced\u00a0 by Waziri, granted bail by- court<\/p>\n

20. Rasheed Ladoja (Former Governor of Oyo State), Fed. High\u00a0 Court, Lagos, Trial on-going (N6 billion), Commenced\u00a0 by Waziri, granted bail by- court<\/p>\n

21. Four Snr Zenith Bank Managers, Fed. High Court, Port Harcourt, Charges filed and\u00a0 suspects arraigned (N3.6 billion), Commenced\u00a0 by Waziri, granted bail by- court<\/p>\n

22.\u00a0 Malam Nasir el-Rufai (Former\u00a0 Minister of Federal Capital Territory), Fed. High\u00a0 Court, Abuja, Charges filed.\u00a0 Commenced\u00a0 by Waziri, case on-going<\/p>\n

23. Sen. Nicholas Ugbade, Ndudi Elumelu: Mohammed Jibo, Paulinus Igwe, Mr. Samuel Ibi, Dr Aliyu Abdullahi, Mr. Simon Nanle, Mr. Lawrence Orekoya, Mr Kayode Oyedeji, Mr.\u00a0 A. Garba Jahun
(This is the Rural Electrification Agency Case involving a serving Senator, three serving members of the House of Representatives, the Permanent Secretary of the Ministry of Power and other high profile public officers), FCT. High\u00a0 Court, Abuja, Suspects arraigned (N5.2 billion), Commenced\u00a0 by Waziri, Remanded in\u00a0 Prison Custody by Court.<\/p>\n

Continued from page 12<\/p>\n

24. Molkat Mutfwang Michael\u00a0 Aule Andrew Ekpanobi Alexander Cozman (This is the UBEC case where high profile public servants connived with an American, Alexander Cozman) to defraud the Government., Federal High\u00a0 Court, Abuja, Suspects arraigned (N636 million), Commenced\u00a0 by Waziri,\u00a0 Suspects remanded in\u00a0 prison custody.
25. Dr Ransome Owan, Mr. Abdulrahman Ado, Mr. Abdulrasak Alimi, Mr. Onwuamaeze lloeje, Mrs Grace Eyoma, Mr. Mohammed Bunu, Mr. Abimbola Odubiyi,
(This is the Nigeria Electricty Regulatory Commission case where the Chairman and his six Commissioners corruptly enriched themselves), Federal High\u00a0 Court, Abuja, Trial on-going (Nl .5 billion),\u00a0 Commenced\u00a0 by Waziri,\u00a0 granted bail by\u00a0 court.<\/p>\n

26. The Transcorp PLC (Torn Iseghohi,Muhammed Buba, Mike Qkoli), Fed. High\u00a0 Court, Abuja, Suspects arraigned (N15 billion), Commenced\u00a0 by Waziri,\u00a0 Suspects\u00a0 remanded in Kuje Prison.<\/p>\n

27. Dr Albert Ikomi. retired\u00a0 perm sec, his firm. Satelite Town Dev Co Ltd, Fed. High Court, Ikoyi, Lagos, Suspects arraigned\u00a0 (N43 million), Commenced\u00a0 by Waziri, Suspects remanded in\u00a0 Ikoyi Prison.<\/p>\n

28. Dr Yuguda Manu\u00a0 Kaigama. Chairman, Taraba State Civil Service Commission, Taraba State\u00a0 High Court 5, Jalingo, arraigned on 37-count charge over Nl 7.5m\u00a0 fraud, Commenced\u00a0 by Waziri,\u00a0 Suspect\u00a0 remanded in prison custody, co-accused.<\/p>\n<\/div>\n

Comments are moderated. Please keep them clean and brief.<\/p>\n<\/p>\n

Excerpt from:
\nGRAFT IN HIGH PLACES: The politics of anti-graft war<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

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