In a popular 2006 hit song titled ‘Mr President’, Nigerian musician African China sang thus: “Poor man wey thief Maggi, omo dem go show im face for crime fighter/Rich man wey thief money, omo we no dey see their face for crime fighter.” The import of the above is that there appears to be two sets of laws in Nigeria – one for the rich and one for the poor. The long arm of the law is quick to catch up with those without means while those with means will always find a safety net or perpetually delay the course of the law, by hook or by crook. (‘Crime Fighter’ was a popular programme that aired on Africa Independent Television.)
The Economic and Financial Crimes Commission (EFCC), an agency of government set up by the Economic and Financial Crimes Commission Establishment Act (2004) and empowered “to prevent, investigate, prosecute and penalise economic and financial crimes”, seems to be living out this perception. Our checks show that while the commission is quick to obtain convictions in minor cases, serious cases involving politically-exposed people tend to linger without progress.
Even though the agency states on its website that its mission is “To rid Nigeria of economic and financial crimes and to effectively coordinate the domestic effort of the global fight against money laundering and terrorist financing”, available facts show that it has not made much progress in high profile corruption and money laundering cases involving especially former state governors and top-ranking public servants.
Ibrahim Magu, embattled chairman of the agency, says the EFCC has under his watch secured 62 convictions in the first three months of 2017 and is set to surpass the record before the end of June as it intensifies efforts geared towards ridding the country of economic and financial crimes.
However, of these 62 cases, perhaps only two are high profile – Bala Ngilari, former governor of Adamawa State, and Walter Wagbatsoma, chairman, Ontario Oil & Gas. The rest are low profile cases, such as that involving Usman Ahmed, Isiyaku Mohammed, Mohammed Badadi and Rilwan Abdullahi (possession of fake naira notes worth N583,000), Hannah Abraham (14 year imprisonment for obtaining money by false pretence), Obinna Nnamdi (two-year jail term for internet fraud), Christopher Ngene (three-count charge of fraud to the tune of N200,000), among others.
The EFCC recorded a total of 471 convictions between 2013 and 2016. A breakdown shows that the agency obtained 117 convictions in 2013, 126 in 2014, 103 in 2015, and 125 in 2016, and iinformation available on its website shows that it is currently prosecuting 43 high profile cases for the Attorney-General of the Federation. Out of this number, 16 are former state governors, one former Minister for Aviation, one former Head of Service, nine persons involved in oil subsidy scam, seven individuals for allegedly stealing money from CBN meant for burning, four individuals for money laundering, and one person for breach of trust/misappropriation of police pension funds.
The cases against the former governors border mainly on allegations of corruption-related money laundering, criminal misappropriation of public funds, embezzlement and criminal breach of trust committed by them while they were governors of their various states.
The former governors who are standing trial for alleged various offences, according to our checks on the EFCC website, include Danjuma Goje (Gombe), Jolly Nyame (Taraba), Joshua Dariye (Plateau), Orji Uzo Kalu (Abia), Saminu Turaki (Jigawa), Timipre Sylva (Bayelsa), and Murtala Nyako (Adamawa).
Others are Sule Lamido (Jigawa), Alao Akala (Oyo), Rasheed Ladoja (Oyo), Gbenga Daniel (Ogun), Aliyu Akwe Doma (Nassarawa), Attahiru Bafarawa (Sokoto), and Abdullahi Adamu (Nassarawa).
Also standing trial are Chimaroke Nnamani, former governor of Enugu State (erroneously addressed as a former governor of Anambra State on EFCC website), and Abubakar Audu, the late former governor of Kogi State.
From available information, none of these high profile cases, some of which have lingered for upwards of 10 years, has been concluded. While trial is ongoing on some of the cases, some others are still awaiting determination of interlocutory appeal by the defence.
The cases against Orji Uzor Kalu, Joshua Dariye, Saminu Turaki, Jolly Nyame and Chimaroke Nnamani, for instance, were instituted in 2007. While Kalu’s case is still pending at the Supreme Court for the determination of interlocutory appeal by the defence, trial on Dariye’s case was slated to commence in January 2016 after the loss of interlocutor y appeal at the Supreme Court by the defence and return of the presiding judge from election petitions tribunal. So far, there is no update on the EFCC website on progress made on both cases.
Turaki is said to have absconded and a bench warrant was issued for his arrest, while trial on Nnamani’s case has been delayed by his alleged illness.
Rasheed Ladoja’s case was instituted in 2008 at the Federal High Court, Lagos, but up till now, available information on the EFCC website says the case has been on interlocutory appeal up to the Supreme Court.
Attahiru Bafarawa’s case began in 2009 and trial is still ongoing in 2017, while the case against Abdullahi Adamu, which was instituted in 2010, is still on interlocutory appeal and trial is yet to commence.
Cases were brought up against Alao Akala, Aliyu Akwe Doma, Danjuma Goje and Gbenga Daniel in 2011. Six years after, trial is still ongoing on Doma and Daniel’s cases, trial is ongoing and prosecution is yet to close its case on Goje’s matter, while trial is yet to commence on Akala’s case as the case is on interlocutory appeal at the Supreme Court.
Timipre Sylva, Sule Lamido and Murtala Nyako were dragged to court by the EFCC in 2015. Two years later, the agency says the case against Sylva was dismissed as an abuse of court’s process and measures have been taken to appeal against the decision; trial has commenced on Nyako’s case, and trial is ongoing on Lamido’s case.
Information obtained from the EFCC website says trial on Abubakar Audu’s case was ongoing at the Federal High Court, Abuja before Audu’s demise in 2015. Yet, Audu was already coasting to victory in the 2015 Kogi State gubernatorial election before death struck.
Only recently, former President Olusegun Obasanjo advised the EFCC on ways to win its corruption cases. This came on the heels of a charge by President Muhammadu Buhari to the EFCC to stop losing cases.
Obasanjo said the EFCC needed to engage the services of staunch, “ogbologbo (seasoned)” lawyers as well as desist from filing wishy-washy cases.
“If I am a lawyer and I want the opponent to win a case, what I will file will be wishy-washy. And if I file a wishy-washy case, the opponent will see the loophole and he will get out of it. I believe that it is important,” he said.
Obasanjo also harped on the need for thorough and proper investigation and also called on judges to be committed to the fight against corruption.
“It is a chain: investigation, prosecution and the judiciary. If there is weakness along this line, chances are that corruption cases will continue to be lost,” he said.
Meanwhile, according to information posted on EFCC website, trial is yet to commence on the case against Steve Orosanye, former Head of Service of the Federation, which was instituted in 2015, while that against Babalola Borishade, a former Minister of Aviation, who died recently and others, which began in 2008, has been delayed by an interlocutory appeal up to the Supreme Court on the admissibility of confessional statement.
CHUKS OLUIGBO & MABEL DIMMA
