EFCC And Prosecution Of 17 Former Governors

Reports that the anti-graft agency, the Economic and Financial Crimes Commission (EFCC), is warming up to prosecute 17 former governors for allegedly looting their state treasuries while in office should ordinarily be a welcome development but is actually unsettling given the political climate in the country at the moment. The timing is suspicious, the announcement questions the integrity of what ordinarily should be an unbiased prosecution of corruption.

Why the agency is just waking up on these cases many years after the governors in question left office raises questions and the least the EFCC should rise beyond suspicion for it to have credibility and public trust.

Granted that Nigerians desire to see the EFCC prosecute corrupt persons conscientiously and unimpeded given the high level of graft in the country, it would be ineffectual for the agency to give the impression that it is motivated by political witch-hunt in the performance of its arduous duty. That will erode the credibility of the commission and at the same time create an escape route for corrupt persons who should come under the hammer of the law.

The EFCC has reportedly earmarked the sum of N284.6 million for the prosecution of 17 former governors. 

The former governors include 

Orji Uzor Kalu of Abia, 

Chimaroke Nnamani, of Enugu 

Attahiru Bafarawa of Sokoto, 

Adamu Abdullahi, of Nasarawa, 

Boni Haruna of Adamawa, 

Jolly Nyame of Taraba, 

Michael Botmang of Plateau, 

Saminu Turaki of Jigawa, 

Joshua Dariye also of Plataeu,

 Ayo Fayose of Ekiti, 

Danjuma Goje of Gombe, 

Akwe Doma of Nasarawa, 

Adebayo Alao-Akala of Oyo, 

Otunba Gbenga Daniel of Ogun,

 Timipre Sylva of Bayelsa 

 Rashidi Ladoja of Oyo.

The Commissioner also said Nigeria lost at least N350 billion to fraud allegedly committed by the accused persons and their cronies.

To start with, the sum of N284.6 million budgeted may not be enough to prosecute these cases even if the EFCC intends to use government prosecutors in the Ministry of Justice. There seems to be a deliberate underfunding of the agency, which is inimical to a sound prosecution of cases as EFCC should be able to engage the right calibre of lawyers to prosecute its cases. Besides, EFCC should be diligent in prosecuting the cases by assembling unassailable evidences before going to court to avoid having the cases thrown out for lack of merit.

Having said this, reopening the governors’ cases at this material time is fraught with perils not the least being the suspicion that the exercise is geared towards the 2015 general elections. It is a disservice to Nigeria when those who are facing the wrath of the law get  the chance to claim that their prosecution is a smear campaign on account of bad timing. In truth, at election time chances of blackmail are high.  Eight years ago, former EFCC chairman, Nuhu Ribadu listed some 23 governors he said had serious allegations of fraud and corruption to answer but who could not be prosecuted while in office. The cases were then under investigation.

 The governors were meant to be prosecuted as soon as they left office. But ever since then, only a handful has actually been taken to court.

And, to date, the EFCC has not made public the report of its investigations. The question is, if the 17 governors had cases to answer, why did their cases have to wait till now? It is noteworthy that the first batch of governors finished in 2003.

At a point, EFCC complained of lack of funds to do its job. Which is why the case is being vigorously made that EFCC should be made completely independent. The structure of its prosecution is faulty and that explains why the commission bungles many of its cases. To save costs, the Commission may wish to make use of prosecutors in the Ministry of Justice as these are lawyers employed to prosecute government cases. Yet, EFCC would  need some financial muscle to hire external lawyers in some cases.

Above all, it is an institution on which the future of good governance in Nigeria depends. An appreciation of this pivotal, historical role should inform appointment of EFCC’s helmsmen, recruitment into its operations, funding and its structure. Nigeria will rise or fall on the basis of how it fights corruption.culled