EFCC’s Cloak And Dagger Dance

The Economic and Financial Crimes Commission, EFCC, has stirred up an unnecessary  controversy by releasing a list of alleged corrupt politicians, most of them   members of the ruling People’s Democratic Party, PDP. On the list are Bode George,  Orji Kalu, Iyabo Obasanjo-Bello, Ayo Fayose, Chimaroke Nnamani, Rasheed Ladoja, etc.  The agency has also vowed to stop these politicians from contesting next year’s  elections.

The debate is whether EFCC has the power to stop politicians seeking elective  positions or not. We believe the anti-graft agency does not have such powers. The  constitution has empowered political parties to sift their candidates by themselves,  not INEC, not EFCC. If the parties fail to field ‘unblemished’ candidates, then the  task of stopping them lies in the courts. Only courts of competent jurisdiction,  therefore, can stop politicians with blemish from seeking any political office. And  somebody has to file a suit against such candidates with proof that he/she is not  eligible to contest. It is only after the court has adjudicated on the matter that  the fate of the candidate could be sealed.

EFCC is over-stepping its bounds by usurping the functions of the courts. It amounts  to arrogating to itself the power it does not possess. It is  the height of  illegality for EFCC to say it would stop corrupt politicians from contesting next  year’s elections. The law setting up the commission does not empower it to screen  candidates vying for political offices in the land. It was ridiculous for EFCC to  have published the list of politicians that cannot contest.

It amounts to chasing shadows and witch hunting for EFCC to go after politicians  that have not been convicted for committing crime in any court of law. Even the  politicians it has dragged to court cannot be barred from contesting any election  since they are yet to be pronounced guilty of the crimes they allegedly committed.  The Constitution of the Federal Republic of Nigeria is very clear on the issue of  qualification of those who can contest for the National Assembly seats (sections 65  and 66 of the 1999 Constitution); those for the State House of Assembly (sections  106 and 107); qualification for election as president of this country (section 131),  etc.

Many are asking when EFCC became a court to be branding some politicians as corrupt  when it has cases pending against some of these politicians in court. The current  EFCC led by Farida Waziri is making the same mistake made by Nuhu Ribadu while he  was in charge of the anti-graft agency. In the run up to the 2007 elections, Ribadu  went out of his way to blacklist some politicians who had not been convicted by any  court. Many condemned his action then and accused him of acting at the behest of his  principal, President Olusegun Obasanjo.

His action, whether it was borne out of good intentions or not, was illegal because  EFCC does not have the power to stop politicians that have not been convicted by the  courts from contesting election. Many saw Ribadu’s action, rightly or wrongly, as  witch hunting of the political opponents of President Obasanjo at the time. Now  observers are accusing Waziri of going after perceived opponents of President  Goodluck Jonathan by adopting the same wrong and illegal approach. How can EFCC  disentangle itself from this accusation, whether it is true or false?

Though we condemn corrupt politicians who seek elective offices, the approach by  EFCC indeed smacks of witch hunting and  political vendetta. The ongoing cloak and  dagger dance between EFCC and the alleged corrupt politicians is quite unfortunate  and uncalled for. There are so many cases EFCC instituted against corrupt  politicians that the agency should deploy its messianic zeal to pursue to a logical  conclusion instead of chasing shadows. The courts should be allowed to cut corrupt  politicians to size and put them where they belong. The parties on whose platforms  the candidates are contesting should use their internal mechanisms to stop people of  questionable character from being their standard bearers in all elections. It is the  surest way to weed out those who have no business running the affairs of this  country.