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Economic and Financial Crime Commission is Withering on the Vine

 

The most important and consequential agency established since Nigeria independence is gradually but surely withering on the vine.  I call Economic and Financial Crime commission (EFCC) the most important agency in Nigeria today because it is an agency established for the sole purpose of solving the most pernicious and endemic problem that have bedeviled and pauperized Nigerians since independence.  Corruption as most Nigerians know is a canker worm that have ravaged all aspect of Nigerian life.  It has stunted growth of the economy, destroyed the social and morale fabric of the nation.   Economic and Financial Crime Commission is a Nigerian law enforcement agency established in 2003 to investigate and prosecute financial crimes such as money laundering, advance fee fraud, bank fraud other internet scams and bad governance resulting from corruption. 

 

Former president Olusegun Obasanjo picked law enforcement agent, Mr. Nuhu Ribadu to head the agency.  Under Ribadu, the agency addressed financial corruption by prosecuting and convicting a number of high profile corrupt individuals which ranged from former inspector general of police, Tafa Balogun to several bank chief executives and former governors.  Former governor of Bayelsa state, Diepreye Alamieyeseigha was successfully prosecuted and jailed by EFCC in 2005, an unprecedented achievement in a country where some politicians consider themselves as untouchables.  By 2006, the EFCC had 31 of Nigeria’s 36 state governors under investigation for corruption.  Mr. Ribadu single handedly turned the agency into an efficient and effective anti-corruption body.  He was so effective that Nigerians fondly refer to the fear of EFCC as the beginning of wisdom. 

 

On June 6, 2008, Nuhu Ribadu was unceremoniously removed from office and retired by late president Umaru Yar’Adua.  He was replaced with Mrs. Farida Waziri.  Before his retirement Mr. Ribadu was further humiliated by demotion from Assistant Inspector General of police to Deputy Commissioner of police.  Nuhu Ribadu’s removal was engineered by the then corrupt attorney general of Nigeria, Mr. Michael Aondoakaa who was busy protecting former governor of Delta State, James Ibori who is now serving prison sentence in Britain for corruption.  EFCC started going downhill since Nuhu Ribadu’s removal.   Farida Waziri tenure was largely ineffective which lead to her removal by current President, Goodluck Jonathan.  Former Nuhu Ribadu’s  deputy, Ibrahim Lamorde replaced Farida Waziri.  I thought Mr. Lamorde will bring the war on corruption back on track, but so far not much has happened.

 

Widespread corruption remains the reality of life in Nigeria resulting in a poor functioning state.  Those who give and receive bribe filter away the nation’s wealth leaving little for the poorest citizens.  Successive military regimes seized power and claimed that they did so because of rampant corruption but each ended up more corrupt than their predecessors.  Nuhu Ribadu arrested ex-governor Joshua Dariye, James Ibori,  Orji Uzo Kalu, and Saminu Turaki and arraigned them before his retirement but their  cases are still pending.  Their cases should have being fully adjudicated by now and jailed if found guilty.  The war on corruption has basically gone cold.  The new routine are that suspects gets arrested, arraigned before the judge and the case lingers for years till they are forgotten.  The current state of EFCC is demoralizing and Nigerians are loosing confidence in the agency.  Impunity is back with full force.    

 

The current state of the Economic and Financial Crime Commission suggests that the agency has structural problems which must be addressed before the agency will regain it’s footing.  The political interference by the executive branch makes it difficult for the agency to thrive.  The attorney general has to approve arrest and prosecution of high profile individuals before the EFCC can act.   

 

The performance of Economic and Financial Crime Commission (EFCC) can be improved by considering the following recommendations:

 

  1. The statute that established the body need to be amended to make the agency independent so it will not be under the whims of the presidency.  The body should be under the control of the Nigeria Judicial Commission (NJC) who will have the responsibility of overseeing the activities of the organization.  Their  responsibilities should include recommendation of EFCC chairman.  They should have separate budget as well.  This will give the agency free hand to apprehend and prosecute corrupt individuals in private and public sector. 
  2. The EFCC needs to improve it manpower by recruiting well trained personnel from other law enforcement organizations who has extensive investigation background.  Experienced personnel will conduct adequate investigation and gather necessary evidence required to convict arrested officials.  EFCC should have presence and stations in all state capitals and all local government Areas.  They should operate like United State Federal Bureau of Investigation.  EFCC presence will make it more likely that public officials will think twice before engaging in criminal activity.
  3. Immunity clause given to governors must be removed.  Striping immunity from  the governors will make it easier to apprehend and prosecute corrupt officials.   
  4. National assembly should pass “whistleblower act”  The whistle blower program should give certain percentage of any recovered money to the person who reported the crime to EFCC.  Financial incentive should be given to citizens who will anonymously report financial crimes to EFCC.    
  5. The legislatures should include in the current constitutional amendment a clause which will mandate the judges to conclude corruption related cases within a certain time frame.