EFCC – No Shaking!

After the operation he would stroll casually to the getaway car spraying naira notes while shouting “no shaking”. Everyone thought his bravado was due to “juju” which prevented him from being harmed. Eventually the real reason was discovered. A police officer DSP Iyamu had compromised the anti-robbery squad making capture and prosecution of armed robbers […]

After the operation he would stroll casually to the getaway car spraying naira notes while shouting “no shaking”. Everyone thought his bravado was due to “juju” which prevented him from being harmed. Eventually the real reason was discovered. A police officer DSP Iyamu had compromised the anti-robbery squad making capture and prosecution of armed robbers virtually impossible. After Iyamu was exposed and sent to firing squad, armed robbers began shaking as Anini and his gang were wiped out. The Economic and Financial Crimes Commission (EFCC) prosecution of former Governors Sule Lamido, Murtala Nyako and Ikedi Ohakim as well as former Head of Service Stephen Oronsaye over alleged misappropriation of funds has been in the news recently. When asked his opinion over the turn of events one of the accused replied by reportedly saying “no shaking”. Indeed he has good reason. There is only a very remote possibility of him or any of them actually being convicted of anything. Recently the EFCC lost three high profile cases involving ex-Governor Timipre Sylva, ex-Minister Femi Fani-Kayode, and ex-Bank MD Francis Atuche. Despite being prosecuted by experienced Senior Advocates of Nigeria, the cases were lost on technical grounds rather than lack of merit. Unfortunately such has become the rule rather than the exception destroying all confidence in the EFCC’s ability to successfully prosecute highly placed individuals. Over thirty high profile politicians have been prosecuted but only four were ever convicted, and none are now in prison. Top EFCC officials deny responsibility claiming that Nigerian Courts are an obstacle to accountability with most cases being stalled for years or dismissed over trivial legal technicalities. Be that as it may, independent observers place the blame on the anti-graft agency’s shoddy investigations in which they have been accused of looking for evidence only after an arrest has been effected. It’s disgraceful that Billions have been squandered on going to Court to initiate so many unsuccessful prosecutions. A Chief Judge of the Federal High Court complained of the EFCC’s penchant for repeatedly filing amendment of charges after the accused has been arraigned. He said non-appearance in Court, unending demands for adjournments, and continuous amendment of charges are the stock in trade of lawyers hired by the anti-graft agency. Sources within both the judiciary and EFCC say there are deep suspicions that these lawyers collude with the accused in frustrating their trial. Indeed the amended 26-count charge against the former Managing Director of Intercontinental Bank was dismissed by the Judge over what he described as “serious and professional incompetence” on the part of the EFCC prosecution team made up of five Senior Advocates of Nigeria (SAN’s). In the case of a former Aviation Minister charged in 2008 for allegedly laundering N100 million, the sum was reduced to N2.1 Million in 2014. Eventually in 2015 the Judge quite incredibly dismissed all of the original 40 charges for lack of proof. In the Halliburton bribery scandal the EFCC filed a nine-count charge against three persons and failed to arraign them for over a year. When the case was eventually struck out the Judge observed caustically that if the anti-graft agency isn’t ready to prosecute, then they shouldn’t waste the Courts’ time filing charges. SANs are determined that cases against their clients never get heard and aren’t decided on merit. They argue that former Governors who are being prosecuted for corruption can approach the Supreme Court as many times as they likes. At great cost one particular individual has delayed his trail for almost seven years by approaching the Supreme Court three times even though the case hasn’t entered trial stage! The truth is that SAN’s are attracted to the outrageous amounts made from assisting corrupt politicians evade the long arm of the law. The saddest aspect of the failed anti-corruption war is that our political system rewards rather than punishes allegations of corruption as former Governors who were arrested and charged with corruption ended up as “distinguished” Senators of the Federal Republic! Even proven criminality is no disqualification in Nigerian politics. Upon release from prison after serving a two year term for corruption Bode George went on to become a People’s Democratic Party (PDP) “national leader”. Lucky Igbinedion the only ex-Governor who paid back money through plea bargaining and admission of corruption refunded N500 million and three properties. The EFCC dropped 190 charges against him and today the multi-millionaire is now PDP leader in the South-south. President Buhari must reposition both the EFCC and the judiciary for an effective anti-corruption war. He need not bother to trying amending anti-corruption legislation. Little co-operation will come from the National Assembly where any support would be tantamount to members signing their own death warrants. Judges must be instructed to act on the premise that in money laundering cases the burden of proof rests on the defense. If individuals cannot explain the source of large sums of money found with them, they are guilty of money laundering – full stop. Unless this becomes the norm those arraigned for corrupt practices will continue to brim with confidence. As long as the prosecution must prove where the money originated not the defense, the whole essence of the money laundering law is defeated – no shaking!