…Anti-corruption commission under pressure
…They are feeling the heat of our work – EFCC
Considering the drama that has trailed and is still trailing the much anticipated arrest of Yahaya Bello, former governor of Kogi State, by the Economic and Financial Crimes Commission (EFCC), one is forced to wonder if the anti-grant agency has lost its bearing.
In the early 2000 when the agency was established, many believed that, ‘the fear of the EFCC is the beginning of wisdom’. But the reverse seems to be the case today as many, like Bello, who is being tried for money laundering of over N80 billion, are bold enough to challenge and even step further to take the corruption battle to the EFCC.
The above and more are the obvious reasons, many are questioning the relevance of the anti-graft agency establishment in 2003 to investigate and prosecute financial crimes, especially with corruption hitting new heights every day under its supposedly ‘eagle eyes’.
While the commission has increasingly come under fire over the years, it faced its seeming worst criticism recently from state governors, who argued that it has become an instrument of federal coercion rather than a fair and independent agency.
Following the above, the agitation for the EFCC’s dissolution has intensified, with several state governments banding together to challenge the commission’s legality at the Supreme Court.
This unprecedented legal battle underscores the deepening rift between the agency and state authorities, many of whom have accused the EFCC of selectively wielding its powers against political opponents of the federal government.
Analysts are of the view that as the EFCC continues to investigate and prosecute high-profile cases, it must maintain its independence, ensure transparency, accountability, and collaborate with other anti-corruption agencies to deepen the war against corruption.
Ikemesit Effiong, partner at SBM Intelligence, told BDSUNDAY that governors are gripped, with some justification, by political fear about how the current administration has utilised federal might and institutions to go after political opponents or competitors.
“The EFCC in the best of times has been utilised in a manner, which has been widely perceived as politically motivated. Under the current administration, that expectation has been heightened. A chief reason for this new round of calls has to be the ongoing battle between FCT Minister Nyesom Wike and Rivers Governor Simi Fubara,” Effiong said.
However, it is believed by some sections of the society that those who are afraid of the EFCC are people with skeletons in their cupboards. While others have based their argument on the legality of the anti-graft agency, thereby challenging the statutory laws setting up the agency.
While the drama around Bello’s case with the anti-graft agency is ongoing; a recent concern was raised in a section of the media about the EFCC alleging to go after the Lagos State governor Babajide Sanwo-Olu, albeit unfounded.
According to Effiong, the ongoing false-alert from a section of the media, either false or genuine, are a pointer to some political anxiety on the part of the individuals, which over the years have also raised questions about the media trial tactics of the EFCC.
“To be fair, the Lagos governor has denied instituting the suit and going after the EFCC. But political winds change fairly quickly and the fact is that this development may indicate that his relationship with the president is not on very solid footing,” Effiong said.
Read also: Court adjourns EFCC vs Yahaya Bello case to January 21
Legal battle and alleged constitutional violations
The lawsuit, initiated by the Kogi State government and joined by 15 other states, questions the very foundation of the EFCC’s existence. Filed under suit number SC/CV/178/2023, the case has reached the Supreme Court, where the plaintiffs are challenging the constitutionality of the EFCC Establishment Act.
At the core of the states’ argument is the contention that the EFCC Act, enacted in 2004, was passed without adherence to Section 12 of the 1999 Constitution.
This section mandates that for any international convention, such as the United Nations Convention against Corruption (UNCAC), to be incorporated into Nigerian law, it must be ratified by a majority of state Houses of Assembly. The states further argued that this procedural step was ignored, making the EFCC Act unconstitutional and, by extension, inapplicable in states that did not consent to it.
Furthermore, the states cited a Supreme Court ruling in Joseph Nwobike vs. Federal Republic of Nigeria, in which the court emphasised the importance of federalism and the need for federal institutions to respect state sovereignty.
According to the plaintiffs, the EFCC’s actions, including investigations and prosecutions involving state funds, violate Nigeria’s federal structure and amount to overreach by the federal government.
Read also: Sanwo Olu seeks to avert arrest by EFCC after leaving office
Governors’ grievances: Selective justice or justifiable claims?
The governors’ grievances with the EFCC are not new. Over the years, several state leaders have accused the commission of selective justice, claiming it disproportionately targets states governed by opposition parties while turning a blind eye to similar offenses within the ruling party’s fold. The perception has led to accusations that the EFCC is used as a political tool to silence dissent and intimidate opponents.
The Rivers State Government, under the leadership of Nyesom Wike, the former governor, previously challenged a directive from the Attorney General of the Federation to the EFCC to investigate the state’s finances.
Similarly, the Oyo State Government took legal action against the EFCC in 2022. The state argued that the agency’s repeated requests for financial documents amounted to an overreach of its powers and an infringement on the governor’s constitutional authority as the chief security officer of the state.
In the case of Bello, the supporters of the former governor argued that the timing and intensity of the EFCC’s focus on him are politically motivated.
But critics insisted that the allegations against Bello highlighted a genuine need for oversight, especially as governors have access to vast public resources.
“I can understand why the governors are wary of the EFCC, but we need an agency to keep our leaders in check,” said Kunle Oni, a Lagos-based public affairs analyst. “Without the EFCC, who will investigate cases like that of Yahaya Bello? We have to be careful not to throw the baby out with the bathwater.”
Read also: EFCC, Oshiomhole theory, and ‘Renewed politiricks’
EFCC unconstitutionally established – Agbakoba
Earlier, Olisa Agbakoba, a Senior Advocate of Nigeria (SAN), called on the National Assembly to address constitutional concerns surrounding Nigeria’s law enforcement agencies, EFCC.
In letters addressed to the Senate and House of Representatives dated October 14, 2024, Agbakoba argued that the EFCC is an “unlawful organisation” that was “unconstitutionally established.”
Agbakoba, a former president of the Nigerian Bar Association, wrote separately to Barau Jibrin, the deputy senate president, and Benjamin Kalu, the deputy speaker of the House of Representatives, both of whom chair their chambers’ respective Constitution Review Committees.
“I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established go beyond the powers of the National Assembly. The EFCC is an unlawful organisation,” Agbakoba wrote.
Agbakoba’s stand is based on the constitutionality and principles of federalism – Falana
However, Femi Falana, another senior advocate of Nigeria (SAN) in a letter dated October 17, 2024, opposed Agbakoba’s position on the legality of the EFCC. According to him, Agbakoba’s stand is based on the constitutionality and principles of federalism.
“If this is a breach of the principles of federalism, then, I am afraid, it is the Constitution itself that facilitates the breach. As long as the aberration is supported by the provisions of the Constitution, it cannot rightly be argued that any illegality has occurred due to the Constitution’s failure to adhere to cardinal principles, which are at best ideas for guidance in an ideal situation… the provisions of Section 13 thereof apply to all organs of government and all authorities and persons exercising legislative, executive, or judicial powers,” Falana stated in his letter.
They are feeling the heat of our work – EFCC
However, the EFCC has expressed concern over recent calls for its overhaul, dismissing them as tactics by individuals feeling the heat of the agency’s anti-corruption efforts.
In a recent interview with Channels Television, Wilson Uwujaren, EFCC director of Public Affairs, emphasised the importance of the commission in combating corruption in Nigeria.
He argued that the agency is essential for the country’s survival and that its work has been instrumental in curbing corrupt practices.
Uwujaren dismissed the calls for an overhaul as a desperate attempt to undermine the EFCC’s operations. He suggested that those behind these calls are individuals who fear increased scrutiny and accountability.
“We are shocked by what is happening. Nigerians should see through this shenanigan and oppose it because I don’t see how this country can survive without the EFCC, given the kind of corruption problem that we have. Nigeria cannot do without the EFCC.
“I am worried that, with the kind of problem we have with corruption in this country, some people would go to court to challenge the legality of the EFCC.
“For citizens in their states, I am not sure that the EFCC is their greatest problem. I doubt that this is the case. What you see playing out is simply people who are feeling the heat of the work of the EFCC and who want to derail what is going on within the EFCC,” he said.
But as much as the EFCC claims that its critics are feeling the heat of its work, Nigerians think that the anti-grant has not lived up to expectations and should improve.
“Nothing will come out of Yahaya Bello’s case. Many of those in the Senate today and in political offices have many corruption cases that are overlooked by the anti-grant because they are in the corridors of power,” Oni pointed out.
Others insisted that as long as the president appoints the EFCC chairman, the anti-graft agency will be loyal to his wishes and order.
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