Are you a businessman or woman with substantial dealings with the Federal Government, or a politician fiercely opposed to the sitting government at the centre and eyeing a top position in Abuja? If you are, then take heed of this warning, it is in your own interest; don’t do or say anything that could make the Economic and Financial Crimes Commission (EFCC) come after you, because that could spell danger for you as the commission appears poised once again to go after the supposed enemies of their paymaster, the Presidency.
Why am I saying this?
Have you not been following the travail of Lawyer/Businessman Dr Wale Babalakin (SAN), the billionaire with connections in high places, who wines and dines with the high and mighty; the businessman who sits atop an emerging conglomerate that includes Bi-Courtney Highway Services, the firm that won the concession agreement to fund, build and manage Lagos/Ibadan Expressway for 25 years and recoup his money (of course plus profit) within that period, but has done little or nothing on the road almost four years after; the owner of the rebuilt terminal (MM2) at the Murtala Mohammed International Airport, Ikeja?
Yes, the same man who has been battling the Federal Government to stop the construction of another domestic terminal at MMIA, which he claims contravenes the terms of the agreement with Bi-Courtney Aviation Services, leading to the construction of MM2. Recall that the Federal Government recently revoked that concession on the Lagos /Ibadan Road citing non-performance on the part of Bi-Courtney Highway Services? Now the man is in trouble, real trouble, multi-billion naira trouble, courtesy EFCC.
The Economic and Financial Crimes Commission has brought charges of money laundering against Babalakin and four others totaling N3.4billion. The 25-count charge were slammed on the accused barely 48 hours after the revocation of the concession agreement raising concern that the Federal Government could be using the EFCC to prosecute a political agenda of witch hunting and vendetta against its opponent. It also raises doubts about the sincerity and impartiality of the commission in its drive to rid Nigeria of corruption.
Make no mistake about it, this is not a defense of Babalakin or a call on EFCC to go soft on the anti corruption crusade, but then it must be seen to be working devoid of government influence for it to continue to enjoy the support and confidence of all Nigerians, including the accused.
Ordinarily, matters like this should not raise dust anywhere other than in the camp of those involved, but the timing of EFCC’s move against the accused when the man is involved in a contractual dispute with the government definitely points at more than ulterior motives on the part of the commission. Did this money laundering issue come up just yesterday? Why immediately after the man lost his contract for the Lagos/Ibadan Expressway reconstruction? Couldn’t EFCC have waited for this contractual problem between Babalakin/Bi-Courtney and the Federal Government to be resolved or even go down before bringing these corruption charges against him? All the commission needed to do if it was convinced it has a strong case against Babalakin and others, was to put them under watch while their contractual dispute with the government lasted and move in immediately. No matter the merit of their case against the man, the timing of their action has tainted the motive behind it and the public is likely to view it as such, whether the man is freed or convicted if and when the matter gets to court.
Pursuit of vendetta by our leaders against political opponents in particular has been part of our politics for long. But this was raised to its peak by former President Olusegun Obasanjo, who deployed every tool, trick and power at his command to fight his political opponents both real and imagined. The Nigeria Police used to be the willing tool for this, but since everything is a matter of cash to our policemen as they are always on the side of the highest bidder, the government, it seems needed a super agency with enough teeth and muscle and which enjoys public support and confidence to fight its dirty war against its opponents. I am not saying this was why the EFCC was created but over the years, especially under Obasanjo, the agency was used effectively to fight opponents of that presidency.
Recall the K-Leg story of then candidate Rotimi Amaechi who was running for the governorship seat of Rivers State in 2007 on the platform of the Peoples Democratic Party (PDP)? He was stopped by Obasanjo and his clique using the EFCC to cook up and manufacture evidence of corruption against him. Eventually nothing was established against the man, but Obasanjo had his way as he was dropped as PDP’s candidate in the election. I am sure you know the rest of the story. Amaechi is today the governor of Rivers State.
The story of the failed presidential ambition of a former Governor of Rivers State, Dr. Peter Odili and the role played by Obasanjo’s EFCC in his botched attempt to clinch the presidential ticket of the PDP in 2007 is known to not just a few. There were many people like that who were politicians in PDP and who at one time or another were close to Obasanjo but fell apart with the former president when their interests collided and the man punished them using EFCC.
Some opposition politicians also suffered similar fate, but just as this was going on, a whole lot of Obasanjo’s friends politicians and businessmen alike accused of one form of corruption or another were left untouched. The EFCC pretended not to see them. They were untouchable. You still remember the story of Chief Olabode George, the erstwhile deputy National Chairman of PDP, who wielded so much power and influence under Obasanjo that he became untouchable. Until he fell out of favour with Obasanjo the EFCC defended him stoutly against accusations of corruption during his tenure as chairman of Nigerian Ports, but once he became an “enemy” of the Villa, the EFCC story changed and Bode George went to jail.
I am not sure to what extent this trend continued under President Umaru Yar’Adua but definitely it wasn’t as rampant as it was under Obasanjo if it did happen. But then who knows, maybe illness and eventual death robbed us of knowing what kind of leader Yar’Adua would have been and how he would have deployed the EFCC under his watch. But this move against Babalakin by EFCC could eventually lead us into a clearer picture of what the anti-graft agency would look like under a Jonathan presidency. His EFCC is beginning to bear its fangs now and ready to bite. Good. But how far he can go, remain to be seen, especially considering the fact that he might need to bite some of the fingers that put him in the Presidential Villa. But if he has to bite and even cut off some of those fingers in the fight against corruption Nigerians won’t mind, but then he shouldn’t do it selectively; nobody should be untouchable. No sacred cow.
The untouchables have been the pillars of successive administrations in this country and are somehow linked to this corruption we are all talking about. Until last week, Dr Wale Babalakin could rightly be classified as one of them, but whether he remains so after Jonathan’s EFCC onslaught or if indeed the onslaught can stand the stern test of the judiciary remain to be seen. But as things stand now, the man and his co-accused are innocent until found guilty by competent authorities.
The lesson for EFCC here is that if it doesn’t assert its independence and be seen to be doing so by the public, it risks the erosion of its fragile credibility with the public and could easily go the way of the Nigeria Police. It should not allow itself to be used by anybody or be seen to be used by anybody, especially the government. It is about time it focuses attention on the government especially those ministers perceived to be corrupt to prove its independence. Let charity begin at home.
To Babalakin and his co-businessmen/politicians, I don’t envy them. Mixing business with politics is tough and navigating that dangerous terrain requires tact and delicate balancing in order not to breach any unwritten rules. My advice to them is to stick with the international best practices in business relations especially with government and be fair and even handed/minded in their dealings with politicians. They could be dangerous.
