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EFCC: Time To Sack, Prosecute Lamorde (1)

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The controversy trailing the present leadership of the Economic and Financial Crimes Commission (EFCC) compelled many to investigate the anti-graft Agency. The investigations, in turn, have given rise to the several calls for the removal and prosecution of the Chairman of the Commission, Ibrahim Lamorde.

Just as there is time for everything, it is clear that the time to sanitise the country’s anti-graft agencies has come.

Most worrisome are the obvious cases of corruption involving an anti-corruption agency. This goes to say that ‘a dog has eaten the bone hung on its neck’, according to a popular Igbo adage.

In 2013, when Cleen Foundation, a non-governmental organisation, following a survey, declared the EFCC the most corrupt public institution in Nigeria, many found it difficult to believe that the government of the day never took a step. I had also expected the Commission to come out strongly to refute the claims, if they had a strong point, but what we saw was a lame defence, attacking the Foundation, leaving the substance. Indeed, there are several unanswered questions regarding the credibility of the EFCC.

In EFCC, under the present leadership, it is no news that monies are collected from suspects in the name of clearing them of allegations and to avoid prosecution. In high profile cases, negotiations are held and the suspects made to pay certain percentages of the monies looted and thereafter, the cases are sabotaged and not taken forward.

The present EFCC Leadership owes Nigeria an explanation on what happened in the case of Habibu Adamu, Mr. Lamorde’s brother in-law, who was shielded from writing statements in a case of alleged criminal conducts; he was never invited by the investigating officer, on the instruction of the chairman of the commission. The Chairman, contrary to the internal procedures in EFCC, where petitions against staff are usually forwarded to the Department of internal affairs, decided to forward it to Policemen in the Operations department where he further allegedly instructed them to destroy the case file, as is the case in so many others affecting his allies.

What of the case of Mrs. Uzoma Attang, one of the accused persons in the Pension scam, who, in her petition against Mr. Habibu Adamu of EFCC, clearly revealed that Mr. Habibu demanded and collected sixty-five Million Naira from her in her statement and clearly stated how these monies were disbursed, with details of account number and the banks. She also made available text messages exchanged between her and Mr. Habibu, further stating how a pension scam suspect ‘Mike Okoro’, who had allegedly given Mr. Habibu bribe, was used as a prosecution witness as against his being prosecuted, after corrupt negotiations.

Nigerians must also ask the EFCC under the present administration, which of the board meetings of the Commission that birthed the controversial resolution which they are parading, claiming that the Nigeria Financial Intelligence Unit-NFIU is Independent; if the NFIU under the EFCC is Independent, how come the EFCC Chairman wakes up at will and removes the Directors of the NFIU?

No fewer than three Directors of the Unit have faced the same fate in the last years. Why is the EFCC opposed to an operationally Independent NFIU, if not out of fear of exposure of the atrocities in the Commission by the Financial Intelligence Centre?

What about all the high profile cases affecting some prominent Nigerians? How come the cases have all gone to sleep? How many high profile convictions have the EFCC recorded under the present leadership?

In 2013, a Non-Governmental organisation, Media Initiative against Injustice, Violence and Corruption-MIIVOC invoked the Freedom of information act via a request for information bothering on credibility, finances and Police presence in the Commission.

According to the FOI request, signed by the Organisation’s Programme Manager, Philip Inyang, copy of which was acknowledged by the EFCC, MIIVOC made a 7-point demand that cantered on the controversies surrounding the Commission’s financial state, alleged dominance of the Commission by the Police and other credibility issues.

The request reads in part: “We refer to the August 5, 2013 publication on Daily Sun Newspaper and the Punch newspaper of August 2nd, 2013 which reported that there are about 700 Policemen working in the EFCC, majority of whom are top management Staff. In another report in the Nigerian Voice.com, an online newspaper, it was alleged that most heads of Units, Departments and zones in the Commission are headed by Policemen, irrespective of qualifications, federal character and background.”

In response to the Vanguard Newspapers publication of January 21st 2013, the EFCC Spokesman Wilson Uwajuren denied the predominant presence of Policemen in the Commission, without explaining what the 700 policemen are doing in EFCC and how 700 policemen, out of less than 1,200 EFCC staff is not a predominant figure in an organisation that was created more than ten years ago. He also failed to address the issues raised in the report by the Senate where EFCC was alleged to be spending funds meant for the recruitment of new staff and payment of benefits to its core officials on Police.

Continuing, the report states: “On ThisDay newspaper of 17th December, 2013, the Commission was quoted as being broke and having less than N2m in her accounts. In another statement credited to the Commission’s Spokesman, Wilson Uwajuren and published on Vanguard and Guardian newspapers of 19th December, 2013, the Commission was reported to have somersaulted, claiming that it was not broke.

“To sustain the credibility of this Commission among Nigerians and at the international level, a more robust and convincing response is expected from the Commission in situations such as this, considering the series of controversies that have trailed the Commission’s activities and operations lately.

“It is the need for this credibility and in view of the right of Nigerians to know, that we most respectfully invoke Sections 1, 2 (3)(V), 2(3)(Vi) of the 2011 Freedom of Information Act to request for the following: Details of all Police officers posted to EFCC, their qualifications, ranks, and duties as well as dates of secondment to EFCC; Details of police officers that are in charge of operations, sections and units of EFCC; Details of senior officers of EFCC occupying Directorate positions and the number that are supposed to be in Directorate positions if not for the police officers; The volume and value of EFCC funds (INCLUDING NON-APPROPRIATED FUNDS) that go to the Police, Ministry of Trade and Investment Special Control Unit Department, Training of staff, number of officials of EFCC trained (and other officials who are not EFCC officials) and how much was saved from EFCC budget in 2013 given all the international funding and support it obtained in 2012/2013.”

Other requests made by MIIVOC are: Details of support and funding from the international community in 2013, especially, funds from:

GIABA/ECOWAS and World Bank; Details of EFCC officials trained by international agencies in 2013 and how much was saved in the budget of EFCC because of this support and the actual financial statement of the Commission, as at December 31st, 2013.

Following the Commission’s refusal to release the information, the NGO approached a Federal High Court in Abuja. The EFCC ensured that the matter was frustrated, after an initial order by the Court directing it to appear before it to explain why it must not release the information sought. Till date, the EFCC is still battling to ensure that the matter does not see the light of the day.

What about the uncountable cases of criminal negotiations with corrupt public office holders? Not forgetting the case of re-looting of funds recovered from convicted corrupt public office holders. Funds recovered are diverted and kept to yield interests for the EFCC leadership for long and only declared when an alarm is raised. The cases are numerous.

Lamorde is a Policeman and his background makes it difficult for him to be transparent. He has also surrounded himself with the same policemen who fit in as his partners in crime. In fact, the EFCC is a mere extension of the Nigerian Police Force. Then, why waste Nigeria tax-payers money in funding an Agency that is compounding the country’s woes and consolidating the culture of corruption?

If the EFCC is made up of almost entirely Policemen, then we are not serious in this country. Do Nigerians have confidence in the Police to place them on the driving seat of the country’s anti-graft war?

Indeed, we are very unserious people. The surest way forward is to sack the entire leadership of the Commission, send back the Police to the barracks; remove all the Directors of the Commission, probe the present leadership of the EFCC and of course, prosecute Lamorde and his crook allies to serve as a deterrent on others.

Now that change has come, we must revisit all the high profile cases sabotaged and abandoned by the present EFCC leadership.

Nigerians must also initiate a system of monitoring and checkmating the activities of the country’s anti-graft agencies. The laws establishing them make them watchers, while no one is watching the watchers.

Thank God for the latest project of the Media Initiative against injustice, Violence and corruption-MIIVOC, tagged “Holding anti-corruption agencies accountable”-- HACAA.

Meanwhile, are Nigerians aware that the Code of Conduct Tribunal has not sat for about three years now? Is it that the Code of Conduct Bureau has not filed any cases before the Tribunal? What have they been doing with their budgets or are there no cases of breach of public trust in Nigeria?

Stay tuned, for other atrocities of the EFCC and other Anti-corruption agencies in Nigeria!

Denis Ayorinde

 

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2024-04-26