| |
EFCC and rule of law
EFCC
By Eneruvie Enakoko, Lagos
Friday, May 2, 2008
Much has been said and written in recent times about EFCC
and its lawlessness in respect to the rule of law. But I just
want to point out one or two things in this piece. But in
doing this, there are some fundamental questions we need to
answer.
Is EFCC right about the war on corruption? Certainly! Is their
method right or lawful? Certainly not! Does EFCC as it is
today, have meaningful intentions? Maybe! There can be no
gainsaying the fact that EFCC is right about the War on Corruption.
What I don’t however subscribe to is the brazen manner
in which the EFCC under Nuhu Ribadu carried out its fight;
and this fashion is still obtainable under the present leadership
of the anti-graft agency.
It could be best described as operating with the climate of
impunity. Not only did they operated with impunity and still
do, they also went about the assignment as if it was a private
war instead of a national war. And as such, they engage in
selective justice. This is not only unacceptable; it reeks
of rancour and evil.
Right from the onset, the EFCC has been carrying out this
war as if it is not a national issue. The organisation has
been working as if it is under someone, a sort of propagandist
arrangement-where it is used as a tool of coercion to suppress
or oppress some people. From DSP Alamieyesegha to Orji Kalu,
and presently James Ibori and others, it is evident that the
EFCC is carrying out the wishes of someone or group of persons
for their own selfish agenda as the organisation has virtually
swept due process and the rule of law aside in its pursuit.
Now, in the eyes of the law, due process is the administration
of justice according to established rules and principles that
a person cannot be deprived of life or liberty or property
without appropriate legal procedures and safeguards. The Rule
of Law on the other hand is a state of order in which events
conform to the law. From these definitions it is quite clear
that the EFCC hasn’t been applying the law in the anti-corruption
war.
When DSP Alamieyesegha was arrested, they used coercion to
get him out of office. Where in the law does it state that
to remove a governor, you must pick all the law makers of
the state and forced them to sign the impeachment paper on
the governor? Where is it required in law that you must shut
down a state radio station in order to remove a governor.
Yet, that is what the EFCC did in order to remove Deprieye
Alamieyesegha. The same was applicable to the removal of Joshua
Dariye of Jos before the Courts ruled against the audacious
behaviour of the EFCC.
What is most annoying however is the way in which the EFCC
sought to bring down Orji Uzor Kalu of Abia State. They not
only clamped on his assets and properties illegally; they
also spread their offensive attitude to the Sun Newspaper
just because the former governor has a stake in the media
house.
Now, can someone please tell us, where in the law, the EFCC
have such arbitrary powers? For God’s sake what has
The Sun Newspapers got to do with all of these? Why victimise
a media house because one of its stakeholders is your enemy?
Space will not allow me to cite other instances, such as that
of Chimaroke of Enugu and the former governor of Taraba State.
And now it’s James Ibori. In the bid to nail Ibori,
the EFCC has resorted to going as far as undermining the powers
of the Attorney General and Minister of Justice. They flagrantly
disobey court orders.
Now, I am not saying here that these governors may not be
indeed corrupt. But what I am simply saying is that if they
are, the EFCC must adopt the right and appropriate means to
bring them to book. That is the only way that the Nigerian
people can buy into their objective otherwise the whole process
would be futile, for it was glaring to all that what the EFCC
as it were under Nuhu Ribadu did could be likened to selective
justice and witch hunting.
They merely did the bidding of its originator. No one needs
a soothsayer to know that all the suspects or should I say
victims of the EFCC so far since the creation of the organisation
have all been either the enemies or perceived enemies of the
former president-Olusegun Obasanjo who fathered the organisation
in the first place.
The only exception may have been Ibori who has since reconciled
with the ex-president and was most instrumental to the installation
of Yar’Adua as president. But it appears the former
president never really forgave the ex-governor. The former
governor ought to have realised this. That Obasanjo is very
unforgiving is not new. He has the memory of an elephant and
all his close friends and associates have factored this into
the mathematical calculus of their dealings with him.
That Ibori failed to understand this is a pity. But I am not
doing this piece to glorify or talk about Obasanjo and his
excesses. My intentions are simple and that is to appeal to
the conscience of the EFCC to be fair and thorough minded
in the laudable war against corruption. Their cause is a good
cause and they have the mandate of the law. But in pursuing
this fight, they must adhere to due process and the rule of
law, so that the war will not be seen as a tool of oppression
against the opposition especially those opposed to the government.
There should be no sacred cows either on this war. Nigerians
actually know those who looted the nation. The EFCC must spread
its dragnet to them as well. They must not be left untouched.
Corporate individuals and organisations must rise up to this
challenge and speak up and call the EFCC to order. We must
not condone this attitude of the EFCC anymore.
The government on its part headed by President Yar’Adua
must stop talking and start working. If the president is really
serious about the rule of law thing then he must translate
the law from thin paper to thick action by ensuring all institutions
of government including the EFCC and the ICPC comply with
the laws of the land and ensures that offenders are punished
accordingly. Only then can we truly raise our head high and
say we are fighting corruption.
|
