21st November, 2011
The recent move to bring the Economic and Financial Crimes Commission (EFCC) under the direct control of the judiciary did not come to Nigerians as a surprise.
Nigerians are at a loss as to what informed this decision but for those gifted with political hypermetropia, the reasons are not farfetched.
The fear of the EFCC is the beginning of wisdom for Nigerian public office holders, while the uncompromising no-nonsense stance of its present management led by Mrs. Farida Waziri, has made matters worse for the team’s survival.
Most Nigerians were therefore not taken unawares when moves were initiated to shift the rug under Farida Waziri’s feet by initiating constitutional amendments for the EFCC to be headed by a High Court Judge.
And this bill was pursued with so much gusto that gave the impression that “fire was on the mountain.â€
The EFCC came into being under an Establishment act of 2004 with the primary mandate to fight corruption which even, at that time, was a great threat to Nigeria’s nascent democracy.
The EFCC was mandated to fight corruption in all its ramifications both in the private and public sectors of the Nigerian society and so far, it has performed wonderfully well. In fact, it is on record that Nigeria was at about 2004, synonymous with advance fee fraud or 419. Foreign investors dubbed Nigeria a “risk zone†as they lost billions of dollars to well identified Nigerian 419 kingpins. It was a period when notorious 419 kingpins ruled the waves and dictated terms and conditions to law enforcement agents. And these people enjoyed so much privileges and media blitz whenever they were caught and made to hibernate in executive hospitals in the guise of one ailment or the other.
These 419 kingpins were well known and well connected people, who rode in the poshest cars and lived in exquisite mansions tucked far away in areas reserved for the rich only.
But today, EFCC has turned the tide around to flow in Nigeria’s favour. It has every reason to feel proud and patriotic for such an enviable record of recovering over $11 billion and preventing the loss of over $15 billion through scam business proposals and contracts.
Through the EFCC, over 750 criminals have been convicted while almost 2,000 unfinished cases are still outstanding in courts spread all over the country. And this is EFCC’s greatest challenge and handicap as it does not have any authority to accelerate court hearings. On many occasions, even the EFCC has been frustrated by the rigmarole of court processes.
This intimidating record of the EFCC has also made Nigeria a more investment-friendly nation as no investor will risk his capital in a nation where justice is not easily attainable. Most of the past cyber crimes, advance fee fraud (419) and capital market fraud cases have been drastically reduced by the uncompromising and no-nonsense attitude of Team Farida Waziri.
So, if the team has been so effective, patriotic and productive, why are we in such a hurry to change it? Why is the EFCC always the butt of campaigns of calumny against Team Farida Waziri by those who are not comfortable with the fight against 419 and corruption.
The most immediate reason for this veiled “Farida Waziri must go†reawakening is EFCC’s implacable stance in the recent arrest and trial of some former governors. Some political observers believe that if Team Farida Waziri is not contained now, the ripple effect of this arrest syndrome will encapsulate more political office holders by the time their tenure expires.
Also, sound reasoning and logic dictates that it is better to dispose of Team Farida Waziri while the opportunity is handy. Plans have been concluded to scheme out the stern-faced, Robocop-like Farida Waziri and replace her team with friendly Nigerian judges who are experts in the art of plea bargaining. The depth of corruption into which the Nigerian judiciary has fallen, especially in recent years, has almost assumed cultural proportions.
Even the judiciary is perplexed. “How and why did we fall so low?†they moan. Corruption in the judiciary has reached such an embarrassing nadir that the new Chief Justice of the Federation, Dahiru Musdapher, has identified it as one of his most urgent priorities and has already set up a committee to advise him on how to tackle the menace and to find a way of stamping it out.
The founding fathers of the Economic and Financial Crimes Commission (EFCC) must have carried out extensive research and planning before deeming it fit to choose serving or retired police officers to lead the anti-graft commission.
This is because most of the mandated responsibilities of the commission bother on police duties—investigation, arrest, prosecution, etc. These are duties for which all members of the Nigeria Police Force have been trained. The duties of EFCC officials end with the arrest, investigation and prosecution of offenders. The trial (speedily or otherwise) and judgment of offenders is the sole responsibility of the judiciary.
While the EFCC has recorded commendable success, the judiciary has woefully lagged behind in the execution of justice concerning EFCC cases.
The law setting up the EFCC specifically tasks judges to give priority to EFCC cases over other matters pending before them. And if judges had hearkened to this judicial injunction, we will not have had almost 2,000 EFCC cases pending including 75 high profile court cases.
The plan to replace police officers with judges is not only self serving and ill-motivated but highly irrelevant and non-sequiturs. Nigerians must always consider national interest far and above personal and parochial considerations.
However, even with EFCC under the control of a non judicial officer, the bulk and most vital aspect of the agency’s project is carried out by high court judges or any judge appointed by the chief judge of the Federal High Court or the High Court of a state or the Federal Capital Territory, Abuja.
If given the opportunity to take over EFCC, the judiciary will, without doubt, convert it to an avenue of justice for the highest bidder.
The EFCC is doing excellently well right now and the management should be encouraged to carry on until its tenure expires as long as it is on the right track.
Finally, I will advise that Team Farida Waziri should be left alone as it has succeeded in giving Nigeria a positive international image laundering through handling of the EFCC project.
•Ben Nanagan writes from Lagos