Anti-corruption crusade: EFCC’s struggles in court

Nigeria’s foremost anti-graft agency, the Economic and Financial Crimes Commission (EFCC), has arguably botched prosecution and investigation into some of the most brazen cases of graft in the country. The commission recently lost a case against a former First Lady of Nigeria, Patience Jonathan, where an Abuja High Court ordered her accounts unfrozen. A court […]

Nigeria’s foremost anti-graft agency, the Economic and Financial Crimes Commission (EFCC), has arguably botched prosecution and investigation into some of the most brazen cases of graft in the country.

The commission recently lost a case against a former First Lady of Nigeria, Patience Jonathan, where an Abuja High Court ordered her accounts unfrozen.

A court on May 30, 2017 gave an order to freeze 16 of her bank accounts with different banks containing, $5.8m and N3.5bn.

On Tuesday 5th November, 2017 Justice Binta Nyako of a Federal High Court in Abuja withdrew the order freezing all 16 counts on the ground that the EFCC had failed to establish alleged corruption linked to the accounts.

It was argued that the case was an abuse of court process, as the court had no Jurisdiction to make an order against one, who is not a party in a suit filed before the court.

Corruption cases being prosecuted by anti-graft agencies has also suffered similar disappointing out comes, some include that of a former Minister of Niger Delta Godsday Orubebe.

It was learnt that the Attorney General of the Federation and minister of Justice, Abubakar Malami, in a letter to chairman of the ICPC, with Ref No DPPA/MNDA/345/16, confirmed that the N1,965,576,153.46, which Orubebe was claimed to have diverted, had not been touched.

Justice Adeniyi Ademola, his wife Olubowale, and a Senior Advocate of Nigeria, Mr Joe Agi charges over corrupt practices were dismissed.

According to Justice Okeke, the prosecution was not able to make out a prima facie case with respect to any of the 18 counts even with 19 witnesses and exhibits A to Z to warrant calling on the defendants to enter their defence.

In the case of a business man Grant Samuel the Court said the EFCC failed to prove the one count of stealing brought against Samuel.

For Ebun-Olu Adegboruwa a lawyer and activist being prosecuted by the EFCC, the court rejected the argument of the EFCC that an appeal had been filed against the order dismissing the criminal charge.

It was argued that no evidence of such an appeal was produced before the court and the court could not proceed to adopt the deposition contained in paragraph 12 of the counter-affidavit filed by the EFCC, as such vacated the interim order of forfeiture.

In the matter involving Governor Ayodele Fayose, the court said the EFCC did not come with clean hands on the application for injunction it filed.

It said the EFCC suppressed material facts, that a similar application the EFCC filed was earlier refused by Justice Taiwo Taiwo of the Federal High Court, Ado Ekiti and un-froze Fayose’s account.

Also, Alhaji Illiyasu Goje, a former local council boss in Taraba State, the court said the EFCC failed to prove its case against the former Gassol local council boss beyond reasonable doubt.

In the case of Mr. Ebi Odeigah, who was accused of stealing N860m belonging to the Union Bank of Nigeria Plc.

The judge held that, “One more thing, and I am done. This is that apart from the fact that their respective testimonies were cogent, credible and practically unchallenged,” he discharged and acquitted the defendant.

A former Minister Femi Fani Kayode got away when a Federal High Court in Lagos ruled that the prosecution failed to prove its case beyond reasonable doubt.

In the matter of a former Governor of Bayelsa state Timipre Sylva a Federal High Court in Abuja dismissed the 42-count charge filed against him for lack of diligent prosecution by the EFCC.

Also, one Moji Yakubu Lagos businesswoman and eight others were charged by the EFCC for allegedly stealing 10 hectares of land at Lekki, which belonged to one Joko Trade Estate Resources Limited.

The judge said that from the prove of evidence before her, the EFCC failed to establish a prima facie case against all the defendants and the case was struck out.

The anti-corruption fight has also suffered from prolonged and inconclusive cases of politically exposed persons (PEPs) being prosecuted over corruption charges in various courts across the country.

A former Governor of Gombe State Danjuma Goje’s case is still ongoing at a Federal High Court Gombe, since 2011, he is facing trail of corrupt practices while he was governor of the state, the case is still ongoing as the EFCC is yet to close its argument.

Jolly Nyame, a former Governor of Taraba was taken to court in 2007 and docked at an FCT High court on 41 charges of criminal misappropriation of public funds, embezzlement and criminal breach of trust as State Governor, the case is ongoing at the stage of trial within trial.

Joshua Dariye who was a former Governor of Plateau State is standing trial on a 23-count charge of criminal misappropriation of public funds, embezzlement, and criminal breach of trust.

He was charged since 2007, the trial was to commence in January 2016, after the loss of interlocutory appeal at the Supreme Court by the defence, and return of the presiding judge from election petitions tribunal.

Urji Uzor Kalu a former Governor of Bayelsa State, was also charged in 2007 over money laundering at a Federal High court in Abuja, the case is still pending at the Supreme Court for determination on interlocutory appeal by the defence.

Saminu Turaki, a former governor of Jigawa state, was charged in 2007 at a Federal High Court in Dutse the trial is pending as the defendant has absconded and a bench warrant was issued for his arrest.

Also, former Governor Timipre Silver of Bayelsa State was charged for corruption related money laundering while Governor of Bayelsa State.

The case started in 2015, it was dismissed as an abuse of court processes but measures are said to have been taken to appeal against the decision.

The ongoing case of Murtala Nyako, a former Governor of Adamawa state, was in 2015 charged over money laundering at a Federal High Court in Abuja.

Sule Lamido a former of Jigawa State is also facing charges of corruption and money laundering in an ongoing case at a Federal High Court in Abuja, he was charged in 2015.

Otunba Aloa-Akala a former Governor of Oyo is facing money laundering and corruption charges since 2011 at a High Court in Ibadan, the trial is yet to commence, as the case is on interlocutory appeal at the Supreme Court.

Rasheed Ladoja, a former Governor of Oyo State, was charged in 2008 at a Federal High Court in Lagos, his case is on interlocutory appeal at the supreme court.

Chimaroke Nnamani, a former Governor of Anambra State, also charged on corrupt practices while Governor of Anambra state, the trial is said to be pending and delayed due to alleged illness of the defendant.

Gbenga Daniel a former Governor of Ogun State, was charged in 2011 at a High Court Ogun State, the trial is said to be ongoing.

Aliyu Akwe Doma a former Governor of Nassarawa state, charged in 2011 over corruption charges at a Federal High court in Lagos, his trial is said to be ongoing.

Attahiru Bafarawa of Sokoto State trail of embezzlement and misappropriation of funds while Sokoto State governor is said to be ongoing a High Court in Sokoto State.

The trial of another Former Governor of Nassarawa State Abdullahi Adamu charged in 2010 at a Federal High Court in Lafia is yet to commence as the case is on interlocutory appeal.

In 2012 over ten cases involving oil subsidy scams were taken to court and at different levels of trial at the Federal High Court in Lagos.

However, The EFCC has achieved over 126 convictions in various Courts in 2016, while in 2015 it got 103 convictions over financial crimes cases.

Although, it has been observed that the convictions involved low level graft, an analysis of the convictions showed a high rate for suspects charged over obtaining by false pretense.

In 2015 alone about forty-six people were convicted over charges that borders on obtaining by false pretense while 10 were convicted over charges of conspiracy and criminal breach of trust

Eight persons were convicted for cheating, eleven convictions for stealing and one conviction for money laundering.

The other convictions were those involving offences like forgery, fake documents, issuance of dude cheques, illegal dealings in oil pipe line, illegal possession of documents and illegal dealing in oil products among others.

The EFCC has also recovered over N434.7billion between January and August this year, its acting Chairman Ibrahim Magu said during a meeting with journalists recently in Abuja.

A breakdown shows that N409, 270, 706, 686.75; $69, 501,156.67 (USD); £231,118.69 (British pounds); €610,816.20 (Euros); 443,400.00 (UAE Dirham) and 70, 500.00 (Saudi Riyals), forming a total of N434.7bn was recovered in both naira and foreign currencies.

Magu said “we got the court to forfeit to the Nigerian Government a sum of N7.6billion which was hidden in a Nigerian bank by former petroleum resources minister, Diezani Alison-Madueke.

“Earlier, another court issued a temporary forfeiture order to seize property worth $21,392,224 belonging to the same former minister, those property are awaiting final forfeiture.

He said the commission recovered over N329billion from a group of oil marketers for the Nigerian National Petroleum corporation. 

The Commission has also asked for legislation that would enable the anti-graft agency keep a percentage of recovered looted funds.

It argued that giving a percentage of recovered looted funds to the anti-graft agency is a standard practiced globally and would enhance EFCC operations.

The commission argued that, in some jurisdictions like the UK, proceeds of crime are further used to strengthen the agency.

In EFCC, a source said, “We have been struggling for years to build our headquarters and when I think of the billions of naira we recover, I can see what would have happened if we are allowed to apply a percentage of this recovery into our operations."

He also said: "one of the issues that concern us in the EFCC is that of non-conviction based recovery. It is of great concern to us that the burden is on us to prove in court that this is proceeds of crime, but in other climes the accused has to prove that the property actually represents the fruit of his labour."

Professor Itse Sagay the Chairman, Presidential Advisory Committee Against Corruption, (PACAC) in its annual report for August and July 2017 said it has drafted a bill for the establishment of Special Crimes Court.

Set up by President Mohammadu Buhari, PACAC is an Activist Think Tank to coordinate the Anti-Corruption struggle and intervene in the Administration of Criminal Justice System in Nigeria.

Sagay said the special Court should focus on offenses which threatens stability of the nation such as terrorism, economic and financial crimes, money laundering, narcotic and drugs trafficking, kidnapping, corruption and cyber-crimes.

The Executive Secretary of PACAC, Professor Bolaji Owasanye said the committee successfully organized a conference on Promoting International Cooperation in Combating Illicit Financial Flows and Enhancing Asset Recovery.

He noted that fight against corruption is a collective one and cannot be left to government alone.

The United Nations (UN) position on corruption and development as stated in the UN anti-corruption convention seeks to provide a universal legal anti-corruption instrument.

An International pact to say no to corrupt practices, the UN convention against corruption (UNCAC) provides tools to address the global problem.

In effect since 2005 it covers prevention, criminalization and law enforcement measures, international cooperation and asset recovery.

The UN in its campaign United Against Corruption said, Corruption is the single greatest obstacle to economic development.

It said every year $1 trillion is paid as bribes while an estimated $2.6 trillion are stolen annually through corruption.