Corruption: A war EFCC will find difficult to win

We knew what he meant. The ugly cankerworm of corruption in high places had denuded the fabric of society, leaving the economy in tatters and the polity in total disrepute. President Obasanjo’s statement was, therefore, a cheery call for a new order. Somewhere along the way, the EFCC- Economic and Financial Crimes Commission- came into […]

We knew what he meant. The ugly cankerworm of corruption in high places had denuded the fabric of society, leaving the economy in tatters and the polity in total disrepute. President Obasanjo’s statement was, therefore, a cheery call for a new order. Somewhere along the way, the EFCC- Economic and Financial Crimes Commission- came into being to stand guard as the new conscience of the nation. It seemed rather constructive, that a monster that had defied the barrage of probes and tribunals since independence should be cut to size by the sharp knives of democratic values like transparency, due process, accountability and so on.

Remember Joshua Dariye?  D. S. P Alamieyeseigha? Chimaroke Nnamani, Peter Fayose, Tafa Balogun and others hitherto untouchable kingpins of executive lawlessness? The EFCC dragged them to the courts in spellbinding legal tussles that exposed to the world the dirty underwear of our judicial system. Yet, the great hue and cry against the EFCC at that time was that the Commission had made itself a tool of the executive for the selective persecution or prosecution of political opponents and rivals. Whatever the merits of this claim, it is instructive that the great mass of spin doctors and propagandists who espoused it, never argued that the charges against their clients were baseless. Rather, spurious allegations of a pervading witch hunt were carefully packaged and sold to the gullible public.

Since 2007, the change in the leadership of the EFCC has thrown up fresh challenges. Its wily opponents dare not accuse the commission anymore of partiality in the investigation of cases. That charge simply will not fly. Now, the spin merchants are trying by ever subtle means, to foist the mantle of inefficiency on the commission. Yet, the fervor and diligence of its operatives to arrest and prosecute VITs (Very Influential Thieves) has hardly abated. Yes, the high handed style of the Ribadu-led commission has given way to a humane regard for the rights of suspects. But the steady increase in the amount of looted funds recovered from VITs (80 billion naira by October 2009) and the conviction of a high profile suspect like Bode George, make loud statements of doggedness on the part of the Farida Waziri team.  

Careful observers will note also that the EFCC seized the initiative by responding to the recent crises in the banking sector.  Paid agitators grumbled aloud and insisted that the EFCC was acting like a debt collector by enforcing debt recovery programmes for the distressed banks. They conveniently forgot that the irregularities that led to the high risk loan portfolios of the banks, amounted to financial crimes. In any case, the EFCC obtained court orders allowing it to seize various assets being proceeds of illegal appropriation of bank funds by some discredited bank directors.

Another distinct achievement of the Waziri era in the EFCC is the sustained campaign to spread the message of its anti-corruption doctrine around the country. Through associations and collaborations with various nongovernmental agencies, the commission is building a viable and sustainable network for the actualization of its long term objectives. Yet, several constraints militate against the successful execution of the war against corruption, for that is what EFCC is all about: sustained reversal of financial malpractices and irresponsibility in high places.

The first of these obstacles is the pervading cynicism afflicting the nation. The EFCC, like every national institution, suffers from this demoralizing ailment. The whiff of hope, which greeted the establishment of the commission in 2000, has since been blown away by strong, debilitating winds of skepticism and distrust. Tragically, many enlightened Nigerians help foster these negative tendencies for their own base benefit. The sustained calumny of selective prosecution and inefficiency against the commission by paid agents of VITs is intended to whittle public trust and confidence in the organization. They seem to have succeeded in their designs, because right now, there are very few people who sincerely believe that the EFCC can live up to its billing.

This state of affairs is further compounded by shocking delays in the trials of suspects. Is justice delayed the same as justice denied? Daily, the Nigerian people are being denied restitution for the great harm done to society by unconscionable persons in positions of authority. Records exist of cases that have been on the court shelves for as long as three years. Ironically, the tortoise paced system is aided and abetted by members of the Nigeria Bar Association, especially senior advocates, who manipulate their knowledge of the judicial process to stall the swift dispensation of justice. They call for innumerable adjournments, raise and argue frivolous motions and points of law and initiate countless appeals to frustrate the Bench to the enjoyment and applause of their evil pay masters.  

Veritably, the judicial deck is stacked against the EFCC and other law enforcement agencies. A major cog in the wheel of the EFCC in recent times was the barefaced official shield provided to a prime suspect by top minister in Yar’adua’s government. It is no secret that many corrupt ex-officials have the resources to thwart the best efforts of the commission to bring them to justice. Hence: their nickname of “Very Influential Thieves”. Recently, EFCC operatives were barred from effecting the arrest of ex-governor Bafarawa of Sokoto State.   

The matter of funding is another cause for concern. The case has been made of EFCC operatives using their own vehicles for official duties. It is no secret also that some of the delays in investigation and prosecution of cases are attributable to serious shortfalls in personnel- accountants, auditors, lawyers and information technologists- for quick response to established complaints and clues.  A frightening factor was introduced to the equation recently when four staff of the commission were ambushed and one shot to death in Okigwe, Imo State.  This horrible incident underlines the mounting dangers faced by the EFCC in the discharge of its constitutional functions.   

Afolabi contributed this piece from 14 Bale Str. Mosan, Ipaja Lagos. Email: [email protected].