Jideofor Adibe: It’s not time to scrap the EFCC

It has never been part of my character to join issues with writers especially columnists on the pages of newspapers. In this particular case, I could have simply interacted (one-on-one) with my friend and colleague, Barrister JideoforAdibe, toconverse on some of the issues he raised in his Daily Trust Thursday column of December 22, 2016. […]

It has never been part of my character to join issues with writers especially columnists on the pages of newspapers. In this particular case, I could have simply interacted (one-on-one) with my friend and colleague, Barrister JideoforAdibe, toconverse on some of the issues he raised in his Daily Trust Thursday column of December 22, 2016. However, since columnists do not just write for themselves but write to share opinions with the reading public, I chose to use this medium to react to his piece in which he called for the scrapping of the Economic and Financial Crimes Commission (EFCC). This is to avail the same reading audience with the privilege to analyzetwo divergent views and, if necessary, read between the lines.

As a colleague in the art of writing, I have respect for my learnedfellow, Jideofor, for two reasons. First, because he unassumingly concedes his position on issues each time he is confronted with a higher line of argument. Second, because of his eloquent command of English language even though his manipulation of this sometimes gets him dissolved in sophistry.This, at times, also makes him sound more like a conspiracy theorist; and at other times, like a pan-Ndigbo.

OgaJideofor in the piece titled ‘Time to scrap the EFCC’ gave debatable reasons to justify the disbanding of the EFCC.Due to the limited space of this column, this reaction will only examine some of the theoretical issues and their political dimensionsadvanced by my respected colleague as excuses for the scrapping of the EFCC.Besides accusing government of using charges of corruptionin the past to smear political opponents,he posited that our concern generally should be whether the anti-graft agency ‘is succeeding or not in the fight against corruption’.

He contended that the EFCC is suspected to be the attack dog of any government in power. That, in my view, is more of a perception conundrum than it is ‘a problem of legitimacy’. Even now, members of the opposition, for instance, are accusing the EFCC under President Buhari of witch-hunting politicians and political office holders who served under former President Jonathan. But if those being accused of looting the funds meant for the purchase of arms through the office of the National Security Adviser (NSA), SamboDasuki, under Jonathan’s administration were PDP members who now belong to the opposition, is the EFCC expected to go after members of the ruling APC who were not part of the ‘Dasukigate’? How is that possible?

Of course, if any member of the ruling party is accused of corruption, EFCC has no reason notto investigate such a person. The recent directive by President Buharito the Attorney-General of the Federation to probe allegations of corruption leveled against some top government officials including the Secretary to the Government of the Federation, BabachirDavid Lawal and the EFCC Chairman Ibrahim Magu, suffices a proof that the EFCC is not an attack dog used against political opponents; and therefore cannot be a reason for its scrap now.

My learned member of the bar also maintained that the ‘gra-gra’ method of the EFCC ‘compounds the blurring of the boundarybetween the supposed fight against corruption and political vendetta’.The truth isthat for any anti-corruption crusade to yield results in Nigeria, it requires a ‘gra-gra’ technique in most cases. The use of a ‘gentleman’ approachby any anti-graft agency, for now, would only reduce the fight to a mere lip-service and a ridicule of the war against corruption. The nature of a task defines the method that would best lead to success. For example, a soldier is supposed to be combativeif he is to defeat his enemy.

The ‘fantastic’ nature of corruption in Nigeria makes it abnormal; and every abnormal situation requires an abnormal approach. But again, even if the EFCC were to have erred in its method, the use of wrong approachcannot justify the scrapping of the EFCC.For instance, it would be wrong to say that the search for knowledge should be ditched simply because of a wrong method was adopted by someone in its pursuit. Similarly, the wrong observance of a prayer should not justify any call for the rejection of prayer as a religious duty.We cannot ask for the country’s whole constitution to be discarded simply because some laws are not deterring enough to prevent crimes.

According to the ace columnist, the best way to assess the impact of the EFCC in the fight against corruption is to ask questions about how the EFCC has so far carried out its mandate. He said the key question we should ask is whether the incidence of corruption has reduced since the inception of EFCC. Based on anecdotal evidence which he said suggests that ‘the malaise seems to be increasing’, he concluded that the EFCC and similar institutions … have failed’.  

If corruption is on the increase as insinuated by OgaJideofor, it is simply because offenders are not punished. Until recently when the EFCC beamed its searchlight in some judges accused of corrupt practices,judges were hitherto seen to be part of the problem. They indiscriminately adjourn cases,grant bailsdisproportionately, and misapply the principles of plea-bargain. 

It is important to note that the mandate of the EFCC does not include conviction of suspects standing trial. While the EFCC investigates and prosecutes, the courts are responsible for convicting criminals found guilty as charged. Therefore, the EFCC cannot be faulted if judges who have the onus to jail financial criminals fail to do their job. This may also explain why many Nigerians still admire corruption especially economic crimes.

I just hope Chief Jideofor’s call for the scrapping of the EFCC does notsuggest a plea for the discontinuation of the fight against corruption. The only time, in the view of this writer, when it would be aptfor EFCC to be scrapped shall be when economic and financial crimes or corruption (in a more general term) ceases to be a norm in the public and private life of Nigerians. We are obviously not there yet. And until we are there, EFCC remains a relevant institution in this country. May Allah (SWT) grant us the wisdom to understand why it is not time yet to scrap the EFCC, amin.