Thirteen years after, EFCC yet to prosecute 13 ex-governors

Although, quite a handful of Nigerian past governors had at one time or the other attracted the radar of the Economic and Financial Crime Commission (EFCC) for alleged corruption-related offences, a fact check on the Commission’s activities however, revealed that all “the big looters” have since 2003 escaped its justice’s web, when it was established by former President Olusegun Obasanjo.

Under the leadership of Nuhu Ribadu, as the chairman of the EFCC, many names were bandied as those who had looted the public purse. The Commission has also investigated Nigeria’s former chief law enforcement officer, several bank chief executives, some state governors, including the late Diepreye Alamieyeseigha, former Bayelsa State governor in 2005.

While Alamieyeseigha was originally arrested at Heathrow Airport and some £1million cash allegedly found in his London home, and charges that he laundered £1.8million found in cash and bank accounts, following evidence of the illicit activities which was obtained during criminal investigations by the EFCC and the Metropolitan Police in London, the late governor moved freely with policemen providing security until he got Presidential pardon from his kinsman and immediate past President Goodluck Jonathan.

Until recently when the EFCC re-opened case against him for alleged diversion of N1.126 billion state’s ecological funds, the charges against Joshua Dariye, former governor of Plateau State,were initially filed before a Federal Capital Territory High Court in Abuja, in 2007.

Security sources told BDSUNDAY that the Nuhu Ribadu-led EFCC could do nothing against the former Plateau helmsman because of his strong tie with Aso Rock at the time. Recall that Dariye reportedly alleged that he diverted the ecology funds to President Obasanjo’s 2003 re-election campaign and fingered Senator Ibrahim Mantu as co-accomplice.

Governors on EFCC’s watch list

Those still on the EFCC’s watch-list include Murtala Nyako, a former governor of Adamawa State; Ikedi Ohakim, a former governor of Imo State; Sule Lamido, the immediate past governor of Jigawa State; Timipre Sylva, a former governor of Bayelsa State; Martin Elechi, a former Ebonyi State governor; Ibrahim Shema, a former Katsina State governor, and Chimaroke Nnamani, a former governor of Enugu State.

Others are Orji Uzor Kalu, a former governor of Abia state; Saminu Turaki, former governor of Jigawa, Abubakar Audu, former governor of Kogi State (late); Danjuma Goje, former governor of Gombe State, and Aliyu Akwe Doma, former governor of Nasarrawa State. Others are Jolly Nyame, former governor of Taraba State; Ali Modu Sheriff, former governor of Borno State now national chairman, People’s Democratic Party (PDP); Gabriel Suswan, a former Benue State governor, and Ayo Fayose, current Ekiti State governor.

Lucky Igbinedion escaped

Rhetorically, the EFCC had also informed a Federal High Court in Lagos how Lucky Igbinedion, a former Edo State governor, embezzled over N19billion of the state funds through his aides.

In a counter-affidavit filed before Justice Mohammed Idris, the Commission gave details of how the PDP governor allegedly used his fronts, including his younger brother, Michael, and his aides – Patrick Eboigbodin, Amadin Eriyo and Harrison Aigbedion – in laundering the state’s funds.

Igbinedion was subsequently convicted of corruption by the Federal High Court in Enugu; but the charges which were about 191, were on December 17, 2008, narrowed down to one after a plea bargain the ex-governor entered into with the anti-graft commission.

The new one-count charge that led to Igbinedion’s conviction read: “That you Lucky Nosakhare Igbinedion (former governor of Edo State) on or about 21st January 2008 within the jurisdiction of this honourable court neglected to make a declaration of your interest in the Account No: 4124013983110 with a new generation bank (Name withheld) in the declaration of assets form of the Economic and Financial Crimes Commission and you thereby committed an offence punishable under Section 27 (3) of the Economic and Financial Crimes Commission Act 2008.”
When the court read out the new charge to Igbinedion, he did not waste time to plead guilty, making the presiding judge, Justice Abdul Tafarati, to sentence him to a fine of N3.5 million which is equal to the amount in the said account.
The judge then asked the EFCC to remand him in its custody pending the time he would pay the fine, but as at the time Lucky Igbinedion was driven out of the court premises in a Sport Utility Vehicle (SUV), the then EFCC counsel, Rotimi Jacobs was still in the court premises and it was not clear whether the convict had paid the fine or not.

How the EFCC has fared so far

Eight of the cases were investigated and charged to court by Ribadu, while three were initiated and prosecuted by the Farida Waziri administration.

There are also cases of some former ministers and other top government officials presently at the court over their alleged involvement in corrupt practices.

The Farida Waziri-led EFCC had hinted that it recovered looted funds and assets worth over N20billion, secured over 45 convictions on corruption-related cases at the time, with so many cases still stalled in the courts awaiting judgment, including those involving the very top-ranking Nigerians.

Meanwhile, many Nigerians were disappointed with the EFCC under Ibrahim Lamorde over what they termed inability of the commission to live up to its mandate, despite claim that it lacked resources to waged war against corruption.

To date, only the case of Tafa Balogun, for Inspector-General of Police remains the only high profile corruption case concluded by the anti-graft agency under Ribadu.

The trial and conviction of James Onanefe Ibori, former governor of Delta State, which sentenced him to 13 years in prison for stealing government funds in Nigeria, was by a London Judge in faraway United Kingdom for stealing at least $250 million of public funds within the period he served as governor of the oil-rich state.

Nigerians react

Peter Esele, a former president, Nigerian Trade Union (TUC), said that Nigerians were dissatisfied with the anti-graft war under Waziri and Lamorde’s EFCC before the current administration of Ibrahim Mustafa Magu.

According to him, what Nigerians and the global community witnessed in those days of Nuhu Ribadu when EFCC struck fear into the hearts of every corrupt public office holder is no longer obtainable, adding that the Waziri’s EFCC was paralysed with claims of following due process.

Waziri had pointed out that one of the biggest challenges of the anti-graft agencies during her reign was cynicism of Nigerians who most times exhibited indifference to the war against corruption.

According to her, Nigerians themselves have defeatist position that corruption is so endemic, so entrenched that there is nothing anybody can do about it.

“How do you explain the fact that at times people live their homes for the court just to jeer the anti-graft agencies during court proceeding where they also hail those being tried for looting wealth belonging to all of us?” she had asked.

Some observers opined that slow pace of court proceedings and attempts by “shameless defense counsels” of top ranking individuals to stall prosecution of their clients by all means is also a major obstacle.

“For instance, since the inception of EFCC, the Commission has succeeded in investigating, arresting and arraigning 11 former governors for alleged stealing of public funds. The shocker is that out of this number, only two of the cases were commenced- that of Ayo Fayose, former Ekiti State governor and Igbinedion ( accused of laundering over N4billion).

“Of course, the EFCC believing that he should have been jailed appealed against the court ruling in January and the case is still in court while others keep ‘appealing and counter-appealing,’” saidAdeleye Adewole, chairman, Centre For Organisational and Professional Ethics (COPEAFRICA).

He explained that in most cases, the suspects succeed in bribing the conscience of their defense counsels and the judiciary who will then find reasons to stall cases through several appeals and directives.

“Secondly, the system itself is quite slow and cases pile up that even when a prosecutor wants an accelerated hearing, the judge will give excuses of having to first of all dispense backlog of cases that accumulated over years of sluggishness. The system allows people to appeal up and down. One can go on appeal to the Supreme Court and come down again, as many times as he so wishes,” he told BDSUNDAY.

The implication, he noted, is that cases get delayed so much in courts that people lose sight of them as is the situation with cases of some accused former governors whose cases have turned into a circus of some sort.

According to him, the components of the judicial system, including the judiciary, the prosecutor and the legal system must work at a maximum efficiency in order to guarantee a good judicial system capable of delivering on mandates.

“The EFCC hid under the guise that Ribadu went away with files on the ex-governors and as such could not continue with their prosecutions. What about the files recovered from Ibrahim Magus? These are still shrouded in secrecy,” he further noted.

But ImaObong Lovetta Ekong, head of litigation, Lawreal Associates, said even though she totally agrees that the judiciary is stalling the anti-corruption fight, she also believes that the agency can explore other avenues to ensure that what has to be done is done without further excuses.

“The judiciary has a problem but also know that it is two-edged sword. There must also be somewhere in law that can be explored by the EFCC.

“It could also be argued that if the anti-graft agencies are that keen to tackle the menace, they could initiate the prosecution of these judiciary personnel perceived to be stalling these cases, after all, section 7(1b) of the EFCC Act empowers it to go after whosoever is suspected to dwell in riches that seem beyond his income, without waiting for petitions” she said.

Wilson Uwujaren, spokesperson for the EFCC, said he could not speak over the telephone on the matter when he was contacted and rather requested that email be sent to him. At the time of going to press, he had yet to reply the email.

NATHANIEL AKHIGBE