Arguably, the Economic and Financial Crimes Commission (EFCC) had until the inauguration of President Muhammadu Buhari on May 29, been in near inertia. The development, to all intent and purposes, had made many to raise fundamental and probing questions regarding the capacity of the anti-graft commission and the political will of the immediate past government to prosecute high-profile individuals, many of whom were either still serving under the then administration or had left office.
For instance, the commission did not show substantial evidence that it was ready to prosecute former Aviation Minister and now senator, Stella Oduah, despite her sack from the cabinet in February 2014, over the purchase of two bulletproof BMW cars at N255 million by the Nigerian Civil Aviation Authority (NCAA). At a point, it seemed to many Nigerians that once the EFCC arraigned high profile Nigerians in court – such as former governors, suspects involved in alleged diversion of billions of fuel subsidy, and the celebrated pension fraud cases – it went back to sleep, literally. Many had accused–rightly or wrongly–the former administration of Goodluck Jonathan of allegedly shielding some persons from facing prosecution, even as they had called for the head of the commission’s leadership.
Not a few have criticised the antigraft agency for its perceived inability to secure high profile convictions, especially of Politically Exposed Persons PEPs). This is notwithstanding the fact that the anti-graft agency, to be sure, has cases of alleged money laundering and misappropriation of public funds pending against many former governors before different courts. It is against this backdrop that the surprise, though voluntary submissions of four former governors – who held the ace during their respective tenures – for grilling at the commission’s headquarters in Abuja, have continued to elicit mixed reactions from the public.
As expected, tongues are wagging on the recent “frenzy” of activities at the commission, with the forced visits of Vice Admiral Murtala Nyako (Rtd), Senator Ali Modu Sheriff, Chief Martin Elechi, and Alhaji Sule Lamido – former governors of Adamawa, Borno, Ebonyi and Jigawa states respectively.
It will be recalled that Nyako had been declared wanted, while the EFCC had threatened to also declare Sheriff wanted, following their alleged failure to honour invitations for questioning on their stewardship in their respective states. While Sheriff governed Borno State between 2003 and 2011, Nyako was not that lucky, as his second term, which would have ended on May 29, 2015, was terminated in July 2014, when members of the state Assembly impeached him on allegations of gross misconduct. On the other hand, Elechi kept a date with the EFCC on Tuesday, June 16, even as Lamido humbled himself two days afterwards.
Unfortunately, ex-Governor Ikedi Ohakim of Imo State, may have chosen not to enjoy that “privilege”, as he allowed himself to be arrested by operatives of the EFCC. Answers to why Nyako, a member of the ruling All Progressives Congress (APC), who was considered by many, as one of former President Jonathan’s most virulent critics, Sheriff, Elechi and Lamido – members of the former ruling Peoples Democratic Party (PDP) – chose to turn in themselves to the commission, few days and weeks after the inauguration of President Buhari, will soon be found.
The case against Sheriff
The EFCC is investigating the ex-Borno helmsman over alleged misappropriation of an estimated N300 billion, being federal allocations that accrued to the state between 2003 and 2011 when he governed the state. The anti-graft agency, which was said to have begun the investigation in 2012, claimed the ex-governor, may not have strictly applied the funds to the development needs of his people, thereby allegedly abusing his office.
Accordingly, it summoned the politician for questioning on what he knows about the allegations levelled against him. He, however, failed to show up; a development, which made the commission to threaten to declare him wanted. At a well-attended press conference held on May 25 at the EFCC’s headquarters in Abuja, the commission’s Head of Media and Publicity, Mr. Wilson Uwujaren, had, while responding to a question, said: “The latest about Sheriff is that we invited him for questioning, but as I speak to you, I am not sure he honoured that invitation.
“And, once the commission invites a suspect and he fails to honour the invitation, options are open to us; we might declare him wanted.” The ex-governor, perhaps having got the hint – as lawyers would say – surrendered himself to operatives of the EFCC last week. He was quizzed for many hours shortly after his arrival.
Nyako and son’s encounter
On June 1, the former Adamawa State governor was the guest of the EFCC. For about 10 hours, Nyako was grilled by the operatives of the antigraft agency over alleged mismanagement of N15 billion when he held sway as governor. Nyako had earlier been declared wanted by the anti-graft agency. Also declared wanted by the EFCC is the son of the ex-governor, Senator Abdul Aziz Murtala-Nyako, a retired naval officer. The N15 billion was alleged to have been laundered through Nyako’s son companies.
The companies, according to EFCC, are Blue Opal Nigeria Limited, Crust Energy Nigeria Limited, Blue Ribbon Multilinks Limited, Tower Assets Management Limited and Blue Ribbon Bureau De Change. While in office, the EFCC had frozen the accounts of the Nyako-led government in June last year, ostensibly to prevent looting of public funds, after its operatives discovered cases of alleged illegal withdrawals by government officials.
Shortly before Nyako’s impeachment, and consequent upon evidence of illegal withdrawals, operatives of the commission were said to have invited and quizzed the then Secretary to the State Government (SSG), the Commissioner for Finance, among other top officials of government.
The petition, which formed the basis of the ongoing probe, had alleged looting of state funds through a department of the state, which was said to have engaged in over-invoicing and inflation of contract. Alleged suspicious withdrawals were also said to have been made severally from the Joint State/Local Government account by some public officials.
The trouble with Elechi
Like others, the EFCC is investigating Elechi, who governed Ebonyi State from 2007 to 2015, over allegations of fraud and diversion of local government funds. The former governor was grilled by operatives of the anti-graft agencies on June 16. Elechi is being investigated for his alleged directive to 13 local government councils, to establish Asphalt Project at their respective headquarters.
The commission is interested in knowing why money was allegedly deducted at source from the affected councils’ accounts, even when seven of the councils reportedly did not comply with the directive. Operatives are further demanding detailed explanation on the alleged deduction of N1 million from each of the councils’ accounts.
The said deduction was said to have been made purportedly to fund the production of Tshirts for the past centenary celebration. The EFCC had, in January, quizzed Elechi’s Commissioner for Finance, Mr. Timothy Odaa, his counterpart at the Ministry of Local Government and Chieftaincy Matters, Mr. Celestine Nwali, and the State’s Accountant General, Mr. Edwin Igbele. The commission had also grilled Elechi’s son, Nnanna. He was said to have answered questions on allegations of money laundering through contracts that were allegedly awarded to him.
Lamido grilled for hours
Lamido, governor of Jigawa State (2007-2015) and former Minister of Foreign Affairs, was on Thursday June 18 subjected to many hours of interrogation in respect of alleged award of some contracts during his tenure, to companies that had links to his son and other cronies.
The former governor’s son, Aminu, was convicted by a Federal High Court sitting in Kano, in 2013. He was prosecuted by the anti-graft agency on charges of money laundering. Aminu was arrested at the Mallam Aminu Kano International Airport in 2012, over his failure to declare the entire $50,000 in his possession; he was said to have declared only $10,000 to the relevant authority in the airport. The trial judge, Justice Fatu Riman, ordered him to forfeit 25 per cent of $40, 000 being the undisclosed sum.
Ohakim and the reality of the past
In continuation of its renewed vigour in the war against graft, operatives of the anti-corruption commission last Thursday, June 18, arrested Ohakim in his Abuja home, and whisked him to their office, where he was grilled for several hours, before being released on administrative bail.
Ohakim’s investigation and eventual arrest, followed a petition to the EFCC alleging fraud and embezzlement of public funds during his four-year tenure (2007 – 2011). Besides alleged embezzlement, EFCC is said to have quizzed the former governor on how he acquired one or two property linked to him. Now that these former states’ chief executives have made statements to the commission, coupled with facts, information as well as material evidence gathered so far, Nigerians are optimistic, nay cautiously, that separate criminal charges will soon be instituted against them in court.
It is also hoped that the EFCC will avoid the pitfall of the past. Prosecutors must not file multiple charges before different courts on same res (subject matter). Again, they must resist the temptation of rushing to court even when investigations have yet to be concluded. More than anything, the commission’s criminal charges against high profile suspects – in most cases politically exposed persons – have often suffered under the weight of “abuse of court process” as well as “want of diligent prosecution.”
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