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Tag: EFCC

  • Anti-corruption war back on track – Ribadu

    Anti-corruption war back on track – Ribadu

    A former Chairman of the Economic and Financial Crimes Commission (EFCC), Nuhu Ribadu, on Tuesday said the nation’s anti-corruption war is back on track.

    He also said the EFCC of today has made more recoveries than any time in the history of Nigeria.

    Ribadu, who made the submissions during an interactive session with journalists at the Shehu Musa Yar’Adua Centre, Abuja, asked Nigerians to be involved in the anti-graft campaign.

    He said: “We probably will have ups and down in the whole process of the fight against corruption.  But at the moment, I will tell you, honestly, I think we are doing very well. We are almost getting back on track. If you see the volume of work taking place, you will also appreciate the fact that things are on the right track.

    “The fight against corruption requires an all- inclusive approach. We all need to be involved and it has to have a Commander- In- Chief because leadership matters a lot in the fight against corruption.

    “When I talk of leadership, I mean political leadership at the highest level. Today, I think that there is no Nigerian who will ever doubt that the political leadership is extremely strong when it comes to fighting corruption; that is very important.

    “It is probably the number one thing that is needed when you are going to wage a war against corruption. We also have the physical people who are doing the work.”

    Ribadu said the EFCC under Mr. Ibrahim Magu has made more recoveries than ever in the history of the nation.

    He added: “I will talk of   EFCC that I know. I will assure you that the leadership of the EFCC today is one that has the same spirit and belief in the vision of the EFCC right from the foundation and time the EFCC was established.

    “It is a leadership that carries itself with integrity, a leadership that is strong, a leadership that is honest and a leadership that works with a lot of courage. You can see it in war that is going on.

    “Today, more than ever before, in our history we have more cases that are being taken. We have more in terms of recoveries taking place, more than any time ever.

    “You can simply say that maybe, there is no one single anti- corruption organization  in the world today that is doing the work that the EFCC is doing. So that must be acknowledged and that must be understood.

    “In short, I can tell you that I think that we are getting back on track and   we are doing fairly well.  It can only get better as we continue to go along that direction.”

     

  • Dust over EFCC’s power to prosecute

    Dust over EFCC’s power to prosecute

    On assumption of office on August 26, Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN) argued that the Economic and Financial Crimes Commission (EFCC) be stripped of its powers to prosecute, setting off a chain of reactions. He suggested the creation of a National Prosecuting Agency to take up that responsibility. EFCC, he added, should only investigate. The agency fired back, accusing Mahmoud of ulterior motives. Was his call off the mark? Eric Ikhilae asks.

    Should the Economic and Financial Crimes Commission (EFCC) be divested of its prosecutorial powers? Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN) thinks it should.

    To him, the agency should only investigate financial crimes; another well resourced agency should be vested with the powers to prosecute such offences. EFCC should not continue to handle both, he said.

    Mahmoud made this call in his inaugural speech at the NBA Annual General Conference in Port Harcourt, Rivers State capital.

    He said: “Going forward, the NBA must demand the reform of the institution itself. We need to define its mandate more narrowly and more clearly.

    “In my view, its broad operations as an investigative and prosecutorial agency should be reviewed. I recommend strongly that the EFCC should be limited to investigation.

    “The decision to prosecute and the conduct of prosecuting must be by an independent, highly- resourced prosecution agency.

    “In addition, the EFCC and the prosecution agency must be secured from political interference in their activities. There is absolutely no reason for it to report operationally or otherwise to the Presidency.”

    Observers, however, said Mahmoud did not provide a contextual foundation for his recommendations by mentioning instances of EFCC’s shortcomings or excesses that informed his position.

    In his support, however, a former NBA President, Olisa Agbakoba (SAN), attempted to bridge this gap when he argued that the reform suggested by Mahmoud was to lighten EFCC’s burden.

    Agabkoba said the commission would function more effectively if its workload was reduced to investigation alone.

    In a statement by Agbakoba’s Human Rights Law Service (HURILAWs), he argued that the powers to prosecute should be vested in an independent and highly-resourced prosecuting agency, such as the proposed National Prosecuting Agency.

    “The international best practice is that one agency investigates, another prosecutes and the court adjudicates. The EFCC as currently composed is overworked and will not efficiently deliver on investigation and prosecution.

    “Whilst we have no objection with the EFCC investigating or the courts adjudicating, we believe the powers to prosecute should be vested in an independent, highly-resourced prosecuting agency.

    “We appreciate the enormous work done by the EFCC since its establishment in 2003. Thirteen years on, the Federal Government needs to rejig the EFCC and other crime fighting institutions to perform optimally. We support the plan by the Attorney-General of the Federation (AGF) to establish a National Prosecuting Agency.”

     

    Source of EFCC’s

    prosecutorial powers

    The EFCC, created in 2003, is mandated, under its Establishment Act 2004, “to combat financial and economic crimes… to prevent, investigate, prosecute and penalise economic and financial crimes, and is charged with the responsibility of enforcing the provisions of other laws and regulations relating to economic and financial crimes”.

    Its power to prosecute is embedded in Section 6 of the Act, which stipulates the responsibilities and functions of the commission. Section 6(m) particularly provides the commission with the power of “taking charge of, supervising, controlling, coordinating all the responsibilities, functions and activities relating to the current investigation and prosecution of all offenses connected with or relating to economic and financial crimes”.

    To enable it effectively carry out its prosecutorial duties, the Act, in Section 13(2), allows it to maintain a Legal and Prosecution Unit, which shall be charged with responsibility for:

    (a) Prosecuting offenders under this Act;

    (b) Supporting the general and assets investigation unit by providing the unit with legal advice and assistance whenever it is required;

    (c) Conducting such proceedings as may be necessary towards the recovery of any assets or property forfeited under this Act;

    (d) Performing such other legal duties as the Commission may refer to it from time to time.

    Beyond enforcing the provisions of the EFCC Act, the commission is also, under Section 7 (2) charged with the responsibility for enforcing the provisions of –

    (a) the Money Laundering Act 2004; 2003 No.7 1995 N0. 13

    (b) the Advance Fee Fraud and Other Fraud Related Offences Act 1995;

    (c) the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 1994, as amended;

    (d) The Banks and other Financial Institutions Act 1991, as amended; and

    (e) Miscellaneous Offences Act

    (f) Any other law or regulations relating to economic and financial crimes, including the Criminal code of penal code

     

    Observations

    Since Mahmoud made public his position, supported by one of his predecessors in office, many have continued to comment on the  plausibility or otherwise of divesting the EFCC of its prosecutorial powers.

    Beyond the EFCC’s strong abhorrence for the proposal, as expressed in a statement by its spokesman, Wilson Uwujaren, to the effect that the NBA President was actuated by extraneous motives, many had argued as to whether or not Mahmoud’s suggestion was credible.

    Some argued that in view of developments in recent past, where the pace of EFCC’s activities appeared dependent on the body language of the President, Mahmoud’s concerns were germane, particularly as regards the need to wean the EFCC off the direct control of the Presidency, making it independent and less amenable to political control.

    Under President Olusegun Obasanjo, the Nuhu Ribadu-led EFCC was very visible, and seen going about its responsibilities with force. Although it was accused of serving as the President’s attack dog, majority of those arrested and prosecuted then turned out to be culprits of corrupt acts.

    But, under the succeeding administrations of the late Musa Yar’Adua and Goodluck Jonathan, the fight against corruption took the back seat. The same EFCC became weakened, and, on some occasions, was said to be covering up some high-profile corruption cases.

    However, the commission appears to have regained its zest. It has continued to perform its duties with an improved tempo. For the first time in the nation’s history, two Senior Advocates of Nigeria – Rickey Tarfa and Joseph Nwobike – are on trial for alleged corrupt practices. This is in addition to plans to equally deal with some judges found to be involved in such acts.

    This renewed enthusiasm, on the part of the EFCC, to aid the Federal Government’s anti-corruption campaign, may have informed the scepticism expressed by many, who queried the intention of those seeking to wrest the power to prosecute from the agency.

    Observers reasoned that if Mahmoud’s arguments were taken as altruistic, such reform should not be limited to the EFCC, particularly now when almost every segment of the country requires one modification or the other, with the renewed call for restructuring.

    They contended that it might not be entirely right to limit prosecutorial powers to the Minister of Justice and Attorney-General of the Federation (AGF), where the office of the AGF is still an appendage of the Presidency.

    Experiences in the recent past have shown how most AGFs have been partisan, taking side with the President, even against the interest of the state.

    An instance was the case of former Attorney-General of the Federation Michael Aondoakaa (SAN) who once told Nigerians that they were not entitled to know the whereabouts of the then ailing President Yar’Adua, and that the President could rule from any part of the world. This was when the country needed a Chief Law Officer to provide legal direction and advise the Legislature appropriately.

    Before now, there were calls for the separation of the offices of the Minister of Justice and the AGF to allow for some level of independence and a reduction in the influence the Presidency has on the AGF, whom they suggested must be a career civil servant.

    The independence of the AGF, observers argued, must first be secured before a consideration of the proposal by the NBA President.

    They contended that a better way to strengthen the EFCC and protect it from abuse by the President is its inclusion among bodies named under Section 158 (1) and (2) of the Constitution, which are “not be subject to the direction or control of any authority or persons.”

    Mahmoud’s NBA, they argued, requires urgently reforms more than the EFCC, in view of increasing discontent among members about its relevance and succession process. Today, the loser of the association’s last presidential election, Joe Kyari Gadzama (SAN), is in court, challenging the electoral process.

    Many lawyers are unhappy with the stamp regime introduced by the immediate past leadership under Augustine Alegeh (SAN), which they saw as mere revenue source, as against the initial intention of making it to serve as a means of identifying real lawyers.

    The stamp has a life span. It is not transferable. A lawyer serving in someone else’s chambers cannot adopt his principal’s stamp when his own is exhausted. All this and many conditions are still being queried by members. To them, if the stamp was actually for identification, a lawyer needed to only acquire it once, preferably when being called to Bar, and that should last for life.

     

    Lawyers’ views

    Some lawyers, including Rotimi Jacobs, Dr. Mustapha  Abubakar,  Wahab Shittu and Malachy Ugwumadu, are of the view that Mahmoud’s proposal should be treated as his personal observation, which he is entitled to. They are of the view that rather than split heads over an individual’s opinion, efforts should be directed at how to ensure more prosecutions or expeditious delivery of justice.

    They suggested that the government should be concerned with how to ensure that prosecutorial agencies, including the Police, Independent Corrupt Practices  and other related offences Commission (ICPC), Ministry of Justice, among others, are manned by skilled prosecutors and well remunerated advocates; while ensuring a court system with more facilitative procedural rules to hasten delivery of judgments, and populated by knowledgeable judges.

    Jacobs said Mahmoud’s suggestion was within his right to express personal opinions just like every member of the society.

    “Personally, I think the Economic and Financial Crimes Commission should be given more powers. It has done very well in the past years. Probably, that is why the attention is on it. Why are we not talking about the ICPC, which also prosecutes offenders?

    “The powers of the EFCC to prosecute are expressly stated in the constitution. The same sections that give the Attorney-General of the Federation and Minister of Justice the powers to prosecute also give the EFCC the powers to prosecute. And it is not only the EFCC that has prosecutorial powers. The Nigeria Police Force, ICPC, National Drug Law Enforcement Agency (NDLEA) and the National Agency for Food and Drug Administration and Control (NAFDAC) are given similar powers.

    “If you leave prosecution to only the Attorney-General of the Federation and Minister of Justice, it would be burdensome. It was based on this that the EFCC and other agencies were given the same powers. This is good for the country.

    “If you look at the statistics, you would observe that the EFCC has recorded the highest number of convictions in the country. How do you then ask the government to reduce the powers of such a commission? The powers it enjoys are constitutional.

    “Besides, it has done very well. When a child is doing well, you do not discourage him. Rather, you encourage him to do better. I would rather suggest that the EFCC’s powers should be strengthened,” Jacobs said.

    Abubakar said rather than take away EFCC’s powers to prosecute, it should be complemented by a restructured ICPC, which was created three years before the EFCC, yet is hardly heard of.

    “The ICPC currently performs some functions that overlap the EFCC’s operations. For instance, ICPC says it is empowered to deal with cases of bribery, but in practice, it is hardly possible to distinguish bribery from financial crimes, which the EFCC is empowered to investigate and prosecute.  There should be a clearer distinction between crimes and practices that are handled by both agencies.

    “I am not sure that those advocating the removal of EFCC’s prosecutorial powers have supported their position with facts that the EFCC’s duty of investigating suspects encumbers the execution of its powers to prosecute.

    “The EFCC, as currently constituted, has various units, including the Legal and Prosecution Unit, which performs various functions, including prosecution. They only need to be well equipped to function effectively,” Abubakar said.

    Shittu said though he respected Mahmoud as a person, he disagreed with his call, wondering if he was not properly advised.

    “I am sure that he would change his position if he has access to information on the sterling performance of the anti-graft agency. The EFCC has secured more convictions than all the ministries of justice in the country put together. That included the Federal Ministry of Justice. You can confirm that from records.

    “Why should the NBA president single out the EFCC when many other agencies, including the Nigeria Customs Service, the Nigeria Police Force and several others have prosecutorial powers? Based on its performance, the EFCC needs to be strengthened.

    “Its prosecutorial and investigation powers should be strengthened. Its capacity should also be boosted so that it could perform much more than it is currently doing,” Shittu said.

    Ugwumadu argued that rather than weaken the EFCC, which many, including the NBA president, acknowledged as having recorded some achievements in recent time, the NBA should think of how to raise a team to supplement the legal department of the EFCC.

    “Looking at Mahmoud as a person, I have no doubt that he may have meant well with his utterances, but I strongly disagree with him that the statutory powers of the commission should be severed. This is not healthy at all in the present circumstance.

    “Why is EFCC prosecutorial powers of importance to the NBA? We have challenges with judges giving perpetual injunctions against the EFCC. What has NBA done in respect thereof?” Ugwumadu said.

  • Alleged fraud: EFCC arrests Ministry of Environment official

    Alleged fraud: EFCC arrests Ministry of Environment official

    The Economic and Financial Crimes Commission (EFCC) yesterday said it  has arrested one Tariah Otumba Fred, a staff of the Federal Ministry of Environment in  Bayelsa State for allegedly being a serial fraudster.

    According to a statement by the commission’s Head of Media and Publicity, Mr. Wilson Uwujaren, several incriminating items including fake Identity cards have been recovered from the suspect.

    The statement said: “The suspect is alleged to have been involved in forgery, extortion, obtaining money under false pretence, impersonation and other fraudulent activities.

    “Fred is said to head a notorious syndicate who defrauded unsuspecting members of the public and corporate organizations using the office of the Federal Controller of Environment, Yenagoa.

    “The suspect is alleged to have opened an account in Sterling Bank using the name, the Controller, Federal Ministry of Environment, Bayelsa State in which he was a signatory alongside one Mr. Education Zghadina who has also been arrested by the Commission.

    “Fred’s modus operandi was to give companies in the state demand notice that they should make payment to the Federal Ministry of Environment for environmental impact assessment permit.

    “The suspect who also presented himself as pollution coordinator of the ministry, a position that does not exist, employed officers whom he issued identity cards as Revenue Collecting agents for the ministry.

    “When a search was conducted in his house, several incriminating items including fake Identity cards of various organizations, stamps of different organizations, letter heads of the National inland Waterways and Ministry of Environment, and Identity card with his picture as a Navy Captain were recovered.

    “The suspects will be arraigned in court as soon as investigation is completed.”

  • EFCC arrests Ministry official over alleged fraud

    EFCC arrests Ministry official over alleged fraud

    The Economic and Financial Crimes Commission (EFCC) on Monday said it has arrested one Tariah Otumba Fred, a staff of the Federal Ministry of Environment in Bayelsa State for allegedly being a serial fraudster.

    According to a statement issued by the commission’s Head of Media and Publicity, Mr. Wilson Uwujaren, several incriminating items including fake Identity cards have been recovered from the suspect.

    The statement said: “The suspect is alleged to have been involved in forgery, extortion, obtaining money under false pretence, impersonation and other fraudulent activities.

    “Fred is said to head a notorious syndicate who defrauded unsuspecting members of the public and corporate organizations using the office of the Federal Controller of Environment, Yenagoa.

    “The suspect is alleged to have opened an account in Sterling Bank using the name, the Controller, Federal Ministry of Environment, Bayelsa State in which he was a signatory alongside one Mr. Education Zghadina who has also been arrested by the Commission.

    “Fred’s modus operandi was to give companies in the state demand notice that they should make payment to the Federal Ministry of Environment for environmental impact assessment permit.

    “The suspect who also presented himself as pollution coordinator of the ministry, a position that does not exist, employed officers whom he issued identity cards as Revenue Collecting agents for the ministry.

    “When a search was conducted in his house, several incriminating items including fake Identity cards of various organizations, stamps of different organizations, letter heads of the National Inland Waterways and Ministry of Environment, and Identity card with his picture as a Navy Captain were recovered.

    “The suspects will be arraigned in court as soon as investigation is completed.”

  • Agbakoba: EFCC is overworked, needs help

    Agbakoba: EFCC is overworked, needs help

    A former Nigerian Bar Association (NBA) president Olisa Agbakoba (SAN) yesterday said the Economic and Financial Crimes Commission (EFCC) would function more effectively if its workload is reduced to investigation alone.

    He said powers to prosecute should be vested in an independent and highly resourced prosecuting agency, such as a proposed National Prosecuting Agency.

    “The international best practice is that one agency investigates, another prosecutes and the court adjudicates. The EFCC as currently composed is overworked and will not efficiently deliver on investigation and prosecution,” Agbakoba said in a statement by his non-government organisaition, the Human Rights Law Service (HURILAWS).

    According to him, the suggestion by NBA president Abubakar Mahmoud (SAN) that EFCC should only investigate but not prosecute was not out of place.

    “HURILAWS applauds the call by Mahmoud for a debate on the efficacy of the war against corruption in Nigeria. Where corruption is endemic like in Nigeria, strong institutions are critical to achieve success.

    “It is in this context that the debate on the propriety of the EFCC investigating and prosecuting financial crimes at the same time is appropriate.

    “Whilst we have no objection with the EFCC investigating or the courts adjudicating, we believe the powers to prosecute should be vested in an independent highly resourced prosecuting agency.

    “We appreciate the enormous work done by the EFCC since its establishment in 2003. Thirteen years on the Federal Government needs to rejig the EFCC and other crime fighting institutions to perform optimally.

    “We support plan by the Attorney-General ?of the Federation (AGF) to establish a National Prosecuting Agency,” HURILAWS said in the statement jointly signed by its Legal/Programme Officer, Collins Okeke.

    The NBA, in a statement, described EFCC’s reaction as “unduly harsh and negative”, saying it was uncalled for.

    The association said Mahmoud only called for the reform of the agency to enhance its capabilities to deliver on its mandate on a ‘consistent and sustainable’ basis devoid of political interference and on the basis of well-established institutional safeguards that demand the proper regulation of the wide discretionary powers involved in the investigation and prosecution of criminal matters.

    “Combining investigative powers with prosecutorial powers in one single agency, (called the Roskill Model in England), is the exception rather than the norm. In the UK only the Serious Fraud

    “Office (SFO) enjoys such combined powers. But given the institutional safeguards, both within the SFO and the maturity that characterizes the UK Criminal Justice Institutions, the abuse of such powers will be highly unlikely.

    “The NBA Constitution demands that it promotes law reform and legal development. It therefore commits itself to promoting healthy public debate about our institutions and interrogating their capabilities and performance, including all criminal justice agencies such as the EFCC. The NBA will not be intimidated or cowed in the discharge of this responsibility.

    “The NBA condemns in the strongest terms the use of abusive and uncivil language of ‘rogues and vultures’ and such strictures by a public authority. Name calling and use of abusive language is not expected of any public institution. It is unacceptable.

    “The NBA demands unequivocal withdrawal of this statement and an unreserved apology from the EFCC.”

    Mahmoud said neither he nor his firm has ever represented the EFCC or the AGF or been involved in any prosecution or defense of former Delta State Governor James Ibori in any criminal matter

    The NBA President admitted representing EFCC in the case involving the former Rivers State State Governor Peter Odili in a civil appeal on the constitutional challenge of EFCC’s powers by the Rivers State Government, adding that he was yet to be paid his legal fees.

    “In spite of his best efforts, the case has remained stuck in the Court of Appeal, even after all briefs of arguments had been settled.

    “The records of the EFCC will also show that neither Mr. Mahmoud nor his firm has been paid any fee, notwithstanding the nearly 20 court appearances in the matter in the course of the last several years involving air travels (Abuja to Port Harcourt) and hotel expenses,” NBA added.

    Lawyers also took to social media to express dissatisfaction with EFCC’s claims. A Senior Advocate of Nigeria (SAN), Mr Jibrin Okutepa, wrote: “EFCC is cashing on the gullibility of Nigerians to cast aspersions on NBA president and the entire Bar.

    “While I admit that some of our members have been acting in most unprofessional manner the release by EFCC spokeperson is most unacceptable to me. It is actionable and we can’t fold our arms in gentility.”

     

  • EFCC probes Ebonyi governor’s brother over N400m poll cash

    EFCC probes Ebonyi governor’s brother over N400m poll cash

    etectives are probing Ebonyi State Governor David Umahi’s brother, Austine Umahi, and two others over DN400million slush funds linked to the Peoples Democratic Party (PDP) 2015 presidential campaign.

    The others are Chinyere  Egwuche and Mabel Dikibo.

    Part of the cash has been traced to some companies in which the governor allegedly has interest.

    An Economic and Financial Crimes Commission (EFCC) top source, who spoke in confidence, said the suspects were interrogated  on Monday and released.

    The source said: “The suspects, who are all employees of Brass Engineering & Construction Nigeria Limited and Osborn La-Palm Royal Resort, were arrested, following their refusal to collect and honour an invitation by the EFCC for questioning in an ongoing investigation involving the companies.

    Austin Umahi doubles as the chairman of both companies. Chinyere Egwuche and Marbel Dikibo are signatories to the companies’ accounts.

    An EFCC source said: “Investigations by the Commission revealed that N400, 000, 000 was released by the Director of Finance, PDP Presidential Campaign Organization, Senator Nenadi Usman,  to PDP Ebonyi State, for the 2015 presidential election, but the said fund was moved from Fidelity Bank Abakaliki on the 27th of March 2015, where it was initially deposited to an Access Bank Abakaliki account.

    “From Access Bank, Maxwell Umahi moved N100, 000,000 and N300, 000,000 into the accounts of Brass Engineering & Construction Nigeria Limited and Osborn La-Palm Royal Resort respectively.

    ”One of the suspects, Chinyere Egwuche, withdrew the N300 million paid into the account of Osborn La-Palm, which according to her was used to finance further construction of Osborn La-Palm Hotels in Abakaliki,  Uburu and Port – Harcourt.

    The source, who pleaded not to be named so as not to jeopadise the investigation, confirmed that part of the funds was remitted into David Umahi Faith Foundation.

    The source added: “The N100 million paid into the account of Brass Engineering & Construction Nigeria Limited was transferred to a certain David Umahi Faith Foundation.

    “ Though investigation is still ongoing, the companies have been traced to the Ebonyi State Governor.

    “We are working on clues that the N400 million was diverted into personal use after it was received from the ex-Minister of Finance.”

    Responding to a question, the source added: “All the suspects have been detained pending the conclusion of preliminary investigation and administrative bail.”

    Umahi last night denied being arrested.

    Mr Umahi, the National Vice Chairman, South East of the Peoples Democratic Party (PDP) in a telephone conversation with our reporter, said no time was he arrested by the Commission.

    He described the reports as the handiwork of detractors.

    “I wasn’t arrested, there is nothing like that. Will I be arrested and I am picking my calls and talking to you. It is trash, nothing like that happened”.

    “What did they even say I did. I am just hearing it for the first time right now from you. I will advise that people should properly investigate before writing their reports,” he said.

     

    A top government official in his brother’s administration who spoke on the condition of anonymity because he was not authorised to react officially, said Mr Austin Umahi was in his Uburu, Ohaozara Local Government Area country home.

    “I saw him yesterday (Monday) in Uburu, so when did this arrest take place?” the source said.

     

  • We are not out to ridicule the bar, says EFCC

    We are not out to ridicule the bar, says EFCC

    The Economic and Financial Crimes Commission (EFCC) yesterday said it was not out to ridicule or impugn on the integrity of the Nigeria Bar Association (NBA).

    It also said it did not say the whole of the NBA is populated by rogues and vultures.

    The commission said it only faulted a statement credited to the NBA President, Mr. Abubakar Mahmoud (SAN), in order to put the nation on notice of alleged plans by some forces to frustrate the anti-graft war.

    The EFCC made the clarifications in a statement by its Head of Media and Publicity, Mr. Wilson Uwujaren against the backdrop of the controversy which its reaction to the NBA president has generated.

    The statement said: “The attention of the EFCC has been drawn to the reactions that have trailed its statement on the call by Mr. Abubakar Mahmoud (SAN), recently-elected president of the Nigeria Bar Association (NBA), that the commission should be stripped of its prosecutorial powers.

      “While the reactions have been overwhelmingly positive, a few people seem to have read only the headlines of newspapers and online platforms that reported the statement.

      “For the avoidance of doubt, the commission did not say the whole of the NBA is populated by rogues and vultures.  The Nigeria Bar and Bench are peopled by many seasoned, upright members, who have made and are still making invaluable contributions to the fight against corruption.”

    It said the timing of the NBA president’s call for the stripping of EFCC of prosecutorial powers made the motive suspicious.

    The statement added:  “The points being made by the commission in the statement are as follows:

    “EFCC appreciates the commitment of the NBA president to fight corruption;

    “EFCC appreciates the effusive praise the NBA president heaped on the commission in its inaugural address (he must have been looking at the fact that the commission is prosecuting more cases in court and has secured more convictions than the federal and all 36 states departments of justice combined);

    “The NBA president’s weighty recommendation was advanced against the facts on ground and without advancing a single shred of justification;

    “The call of the NBA president (including its timing and the platform at which it was canvassed) was open to speculations about the motivation behind it;

    “EFCC notes the unprecedented step it has taken to help rid the judiciary of severely corrupt elements, including the investigation and prosecution of senior members of the Bar for corruption and money laundering, with several more such interventions in the pipeline;

    “EFCC is of the opinion that as in several professions (including law enforcement), there are some rogue elements in the Nigeria Bar Association giving the Bar a bad name.”

    The EFCC said some Nigerians had been working for the dismemberment of the commission.

    It said: “There are people with vested interests who wish to dismember the EFCC and those who are hovering like birds of prey to devour the carcass of the commission.

    “By way of background, then NBA president, Lanke Odogiyan (again at the Bar conference in Port Harcourt) in 2005, called for outright scrapping of the EFCC, and it took the intervention of a number of progressive lawyers, led by Chief Gani Fawehinmi, of blessed memory, to shoot down the obnoxious move;

    “That failed attempt was closely followed by the move by one-time Federal  Attorney-General Chief Michael Aondoakaa to bring about the same end that is today being championed by Mr. Abubakar Mahmoud.

     

  • INEC REC returns N20m poll bribe after EFCC grilling

    INEC REC returns N20m poll bribe after EFCC grilling

    Abia State Resident Electoral Commissioner (REC)  Sylvester Ezeani has refunded N20million to the Economic and Financial Crimes Commission (EFCC).

    The cash is part of the N23.29billion bribe given to Independent National Electoral Commission (INEC) officials to change the results of the 2015 election.

    Three RECs have been named in the scandal. One of them is dead.

    The EFCC has seized two choice shopping malls from a REC Gesil Khan.

    Besides, the account of the REC with about N59million has been frozen by the anti-graft agency.

    A retired INEC official, Sani Isa, was questioned for N406,206,000 bribe allegedly collected on behalf of the deceased REC in Kano State, Alhaji Mukaila Abdullahi.

    The number of INEC staff invited and questioned by the EFCC has risen to 100.

    INEC is awaiting a comprehensive brief from the anti-graft agency on the affected staff, it was learnt that  only President Muhammadu Buhari can determine the fate of the RECs.

    Ezeani’s N20million came from the $115m(N23.29billion) which former Minister of Petroleum Resources Diezani Alison-Madueke is said to have provided.

    A source in EFCC,  who spoke in confidence, said: “Faced by overwhelming evidence from our team, Ezeani has refunded to the commission N20million, which was traced to him.

    “About N241million was allocated to INEC when Ezeani was the REC in Cross River State during the 2015 poll.

    “We are working on other INEC staff to refund the cash credited to them from the slush funds. So far, about N503million has been recovered from INEC staff and politicians involved in the poll bribery scandal in Port Harcourt Zone alone.

    “We are determined to retrieve a huge chunk of the N23.29billion bribe.”

    Meanwhile, the number of INEC staff quizzed by EFCC  on the poll bribery cash has risen to about 100.

    A source in INEC said: “At least about 100 staff of this commission have either been invited or interrogated by the EFCC as part of its ongoing investigation. T5he number could be higher than the current figure because investigation is still in progress.

    “It is too early to say that these staff have been indicted or not  by the EFCC. We are however awaiting a comprehensive brief from the anti-graft commission on its findings on each of the affected staff.

    “Do not forget that some of them even serve as witnesses for EFCC, depending on the circumstances of their postings during the poll.”

    Responding to a question, the source added: “Staff found guilty of infractions will be subjected to the civil service rules and regulations on disciplinary action.”

    Another INEC source spoke on reports on some RECs but “there is nothing the Chairman of INEC, Prof. Mahmoud Yakubu or the management can do.

    “The appointment of National Commissioners and RECs is at the behest of President Muhammadu Buhari. What INEC management can do is to forward the EFCC’s report on any REC to the President who has the powers to appoint or remove such officer.

    “So, the Presudent will determine the fate of RECs implicated in the scandal if they are found culpable.”

    About four oil firms, 14 directors of oil companies, two banks and  100 INEC officials, including RECs are under investigation too.

    Some INEC officers already grilled are REC Gesil Khan for collecting  N185, 842,000 out of a N681million bribe deal; Fidelia Omoile( Electoral Officer in Isoko-South Local Government Area of Delta State)—N112,480,000 ; Uluochi Obi Brown( INEC’s Administrative Secretary in Delta State)—N111,500,000; a former Deputy Director  of INEC in Cross River state, Edem Okon Effanga—N241,127,000 and others.

  • EFCC decries NBA president’s call for removal of agency’s power prosecution

    EFCC decries NBA president’s call for removal of agency’s power prosecution

    The Economic and Financial Crimes Commission (EFCC) yesterday faulted the suggestion by Nigeria Bar Association (NBA) President Abubakar Mahmoud (SAN) that the anti-graft agency be stripped of prosecutorial powers.

    It said Mahmoud’s suggestion appeared perfectly in sync with a cleverly disguised campaign by powerful forces that are uncomfortable with the reinvigorated anti-graft campaign of the EFCC.

    The agency noted that the NBA president was the federal attorney-general’s counsel in the trial of ex-Delta State Governor James Ibori at the Federal High Court in Asaba – a case which EFCC lost in questionable circumstances.

    It said the same ingredients from that case were used to fetch Ibori a 13-year jail term in the United Kingdom.

    The EFCC, which gave its position in a statement by its Head of Media and Publicity, Mr. Wilson Uwujaren, said the recommendation of the NBA president was self-serving.

    It said the suggestion was in line with a larger plot to emasculate the agency.

    The statement said: “As the Acting Chairman, Ibrahim Magu, has repeatedly stated in his public pronouncements, the agency is open to suggestions that will improve its operations, as it cannot pretend to have a monopoly of ideas on how to fight corruption.

    “Nevertheless, the commission views with concern, the call by the NBA president that the EFCC be stripped of its prosecutorial powers. According to him, “we need to define its mandate more narrowly and more clearly… I strongly recommend that the EFCC be limited to investigation… while prosecution should be handled by an independent resource prosecution agency”.

    “The commission’s discomfort over this seeming innocuous proposition stem from the fact Mahmoud was silent on the reason for his position.

    “More importantly, the commission cannot comprehend how the redefinition of EFCC’s mandate in narrow terms, ultimately whittling it down, fits into the clamour by Nigerians and the vision of the President Muhammadu Buhari administration for a vibrant and courageous anti-corruption agency.

    “Instead, Mahmoud’s suggestion appears perfectly in sync with a cleverly disguised campaign by powerful forces that are uncomfortable with the reinvigorated anti-graft campaign of the EFCC and are hell-bent on emasculating the agency by stripping it of powers to prosecute with the tame excuse that an agency that investigates cannot also prosecute.

    “The question Nigerians must ask the Mahmoud-led NBA is what is wrong with EFCC prosecution? Mahmoud is in a position to answer this question. He was the federal attorney-general’s counsel in the trial of ex-Delta State governor, James Ibori, at the Federal High Court, Asaba, a case which EFCC lost in questionable circumstances.

    “But the same ingredients from that case were used to fetch Ibori a 13-year jail term in London.  Mahmoud is also the commission’s counsel in the appeal against the infamous perpetual injunction from arrest and prosecution by former Rivers State Governor, Peter Odili, which is still pending before the Court of Appeal in Port Harcourt, many years after it was filed.

    “It is too much of a strange coincidence that the suggestion to strip the EFCC of its prosecutorial powers is being floated a few months after the commission, in unprecedented fashion, arraigned some senior lawyers for corruption.

    “For the avoidance of doubt, the commission has recorded more convictions in the last one year than all the states and federal ministries of justices combined.

    “Against this background, the campaign appears to be self-serving, intended to create a cabal of untouchables, which can be investigated but may never be prosecuted.

    “The EFCC, however, wishes to reassure Nigerians that there will be no sacred cows in the renewed fight against corruption in Nigeria.”

    Notwithstanding, the EFCC said it was a good omen that the NBA president has pledged to fight judicial corruption.

    It added: “The 56th Annual General Conference of the Nigeria Bar Association came to an end August 26, in Port Harcourt, with the bar making pronouncements on major issues of national importance.

    ” One of the new commitments as articulated by the new president, Mr. Abubakar Mahmoud, is to reinvent the association by reclaiming its moral high ground through a campaign for ethical rectitude by members of the bar.”

  • Of EFCC’s arrests and detention

    Given the pervasiveness of corruption in this clime, the task of getting rid of it cannot be considered a mean feat. This is apparent from the constant recourse to the catchphrase ‘corruption is fighting back’ each time anti-graft agencies are faced with institutional hiccups or strident criticisms on their methodology for prosecuting that war.

    But this disposition could also turn out a great liability. It could turn out a subterfuge on the part of officials of the Economic and Financial Crimes Commission (EFCC) and related agencies to trample on the rights of the accused and seek to justify that travesty hiding under such nebulous suppositions. No doubt, the fight against corruption is at the heart of the survival of this country.

    Yet, in this crucial battle, the rules must be very clear. The standards must be straight. Else unscrupulous officials begin to conduct themselves in ways capable of whittling down public confidence and support for the campaign. There are recent incidents that have raised the momentum for the re-examination of the roles officials of the EFCC play in the arrest; handling of suspects and disposition of issues before them.

    First is the raging controversy over the death of a former Chief Protocol Officer at the Ministry of Defence, Desmond Nunugwo while being detained by the EFCC for allegedly defrauding a businessman. Accounts from his cell mates indicated that Nunugwo took ill and died shortly after his detention, as he could neither assess his high blood pressure and diabetes drugs due to inability to reach his wife because the investigating officer went away with his phone. This has resulted in claims and counter-claims between the family, the EFCC and the police. And until the riddle is resolved, it will remain as a sore point in the handling of detainees in the custody of the anti-graft body.

    If this incident does not sufficiently illustrate the indiscretion in handling suspects by some officials, the purported arrest and detention of former governor of Imo State, Chief Achike Udenwa by the agency last week, should drive this point home more poignantly. In a widely publicized statement, the commission had said it arrested and detained the former governor and would have him arraigned in court soon.

    It claimed this was precipitated by the inability of Udenwa to keep to the terms of the administrative bail granted him in the case of the N350 million campaign funds allegedly collected from the former Director of Finance of the PDP Presidential Campaign Organization, Nenadi Usman. According to the commission, Udenwa reneged on the bail conditions which required him to report to the agency when he is needed to do so, thus necessitating the revocation of the bail.

    But Udenwa issued a statement shortly after in which he strongly refuted the claims by the anti-graft agency. He gave a brief but lucid account of his dealings with the EFCC. He said, by a letter dated May, 13, he had applied for and obtained permission from the commission to travel abroad for medical check-up. Following this, he said the commission released his international passport which it had been holding to enable him make the travel. A new date of August 13 was agreed upon by both parties. But it later turned out the date fell on a Saturday, a non-working day for the agency and had to be further rescheduled by both parties for August 18.

    On Tuesday August 16, he said while he was in Port Harcourt for the PDP convention billed for the next day, he got a call from his guarantor that he was required by the EFCC in Lagos the next day being Wednesday by 10am, which he obliged. But when he got there, he met another officer who immediately confronted him with the claim that he has deliberately and consistently refused to honor invitations and could no longer be reached.

    Udenwa said the allegations were shocking to him as all his dealings with the agency should be in their file. Moreover, that was the fifth time he was honouring invitations by the EFCC in Lagos without any instance of failure on his side. Following this sequence of events and the curious haste with which the matter was released to the media even when he still departed their office the same day, Udenwa sees the action as a premeditated one. He said he was compelled to put matters straight because the claims could portray him as an unreliable person who may have other motives for allegedly not honouring the invitations in addition to putting his guarantor in jeopardy.

    The issues raised by the former governor are as weighty as they are damn serious. They hinge on the credibility of the EFCC. The sum total of his case is that the claims bandied by the EFCC on which basis it issued a statement alleging he reneged on the terms of his bail by refusing to honour invitations and could no longer be reached are false. He went further to support that claim by chronicling all his interactions with the commission, the number of times he had kept scheduled appointments with no incident of failure.

    Since Udenwa brought these issues to the court of public opinion, the EFCC has not disproved them. One is therefore, left with the inevitable conclusion that his account of his dealings with the EFCC represents the true position. He has been able to sustain his claim that the EFCC may be propelled by motives other than serious commitment to the war against corruption for its action especially given the sequence of events that followed that Tuesday.

    And if one may ask, how did the officer he met that day arrive at the conclusion that he reneged on the terms of his bail and could no longer be reached? How come the commission granted him permission to travel abroad by releasing his international passport only for an official to turn round and bandy false allegations under which guise she claimed to have detained and would him arraigned in court? What of the indecent haste with which the story of his purported arrest and detention was leaked to the media even when the whole episode ended that same day? Was the media trial intended to embarrass and smear his image before the public or what? These are the issues to ponder.

    We raise these posers because of the conflicting signals they throw up on the credibility of some of the actions of those charged with the execution of the war against corruption. Incidents like this reinforce suspicions that unscrupulous officials can go to lengths to subject the war to ends that are less than ennobling.

    That is where the recent observation by President of the Nigerian Bar Association NBA, Augustine Alegeh that the “war against corruption must be fought within the ambit of the law and any attempt to fight corruption through other means is corruption”, cues in very appropriately. Before now, the Joint Action, Coalition of Civil Societies in Nigeria had feared that the war could be bastardized by the actions of corrupt officials within the EFCC. That is the real issue to watch.

    The other strand of the argument Udenwa highlighted was that the case is about money for the presidential campaign election as it concerns all states of the federation and not Imo State alone. He said that as the PDP presidential campaign coordinator for Imo State, he and others involved have explained the details of the expenditure as it relates to the state and he has nothing to hide.

    It is either the EFCC is satisfied with details of the deployment of the funds for the campaigns or it is not. Where it happens the money has been properly accounted for in the execution of the plethora of activities preceding that election, it is incumbent on the agency to let the matter go. But if on the contrary, it has evidence that the fund was not used for the purpose it was released, it is at liberty to take the appropriate line of action. That is the way out of the current game that miserably conveys the impression that there is more to the matter than the fight against corruption. But the EFCC owes a duty to explain how the presidential campaign fund for Imo State is remarkably different from those spent in other states that nothing is being heard of.