By Ezeani, Chukwunonso Elvis
Leadership, the Economic & Financial Crimes Commission,
EFCC, pursued and obtained judgements in several cases of fraud and financial
malfeasance it prosecuted. Ordinarily, such “achievements” shouldn’t be
considered hallmark of an administration because the war against corruption
should be strong and brutal at all times without any form of persuasion from an
authority but ours is a system where before ex-President Goodluck’s emergence,
the EFCC was only a potent tool with which vendetta was carried out against
perceived enemies of “the state” – either real or imaginary. That institution
was only strong when compelled by unseen hands to so pretend. It is on this
basis that I shall accept that indeed, the immediate past administration did
fine in the war against corruption.
Between 2010 and 2012, I was a regular face at the Special
Fraud Unit of the Nigeria Police Force. During this time, occasions demanded
that I pursued some cases of fraud and theft at the Awolowo Road office of the
EFCC in Lagos. I only visited the Okotie Eboh Road office once or twice. By
virtue of this exposure, I consider myself sufficiently knowledgeable about the
internal working of these institutions. My discoveries about their procedures
are as shocking as it is comical but either which way, I learned a great deal
from them. Today what was planned by Mallams Nasir El-Rufai and Nuhu Ribadu to
be a world class anti-corruption machine modelled after probably the Scotland
Yard institution in the United Kingdom have been reduced to a road-side debt
collection firm funded by Nigerians who can afford to pay hefty bribes to
operatives. As I write, operatives of the EFCC would rather chase a commercial
debt for Okeke Madueke & Sons Enterprises, Idumota in exchange for a
fraction of the recovery than diligently prosecute a case of fraud for the
Federal Government of Nigeria.
Some 2 days ago, David Oluwafemi Oluwakayode (formerly known
and referred to as Femi, Fani Kayode) was acquitted in charges of earnings
management and insider trading (these are accounting terminologies) which the
EFCC claimed he engaged in some years back as federal minister. The volume of
funds involved in the matter at inception was as much as almost N20B. It was
later reduced but as at the time he was discharged by our courts, the charge
sheet bore N2.2M. This is how comically unserious and uncoordinated Nigeria’s
EFCC is.
Like or dislike it, David Oluwafemi Oluwakayode (formerly
known and referred to as Femi, Fani Kayode) is a man of great means. My
knowledge of him is slim but I have reasons to consider him wealthy by several
ramifications. The man under reference is educated and has vast collection of
friends and associates globally hence the EFCC never stood a chance of getting
a conviction against him in his matter. This is not to say that he actually
committed the crimes he was accused of.
I am not privy to the internal dealings of federal
ministries as at the time the “crimes” were committed but that a set of charges
valued at nearly N20B at inception would suffer several setbacks before judges
of different courts that would later cause the said charges to reduce to a mere
N2.1M is enough to instil confidence in any accused person to the effect that
his prosecutors are nonentities in their trade. Such is the case between
Oluwafemi Oluwakayode and his accuser. The man did not need to be a genius to
win that case because the stupidity of the EFCC is enough indication that there
was never a case against him in the first place. Perhaps, some disgruntled
ex-staff or staff of a unit in the ministries he presided over or just any
human being somewhere decided to make him shed some weight. I therefore wonder
why anyone is surprised he won because just anyone can win a case against the
EFCC whose operatives are ever in a hurry to go for lunch before heading to the
mosque for prayers.
The EFCC needs to embark on a soul searching exercise.
Already, sufficient laws exist to back up its operations; all I think it needs
to do is invest heavily in acquiring new knowledge and improving the quality of
staff employed in its legal department as counsels. Very few of them appear to
be grounded in the legal profession; their mode of dressing would give them
away at anytime. Like in the Special Fraud Unit, there seem to be an open
contest for the operative who wears the latest designer fashion outfit or owns
the latest edition of an automobile. Federal character should stop being applied
in recruitment because my dealings with Northern lawyers in the legal
department of the EFCC have shown that they are not blessed with intellectual
strength required to execute long drawn fights in law libraries and the courts
which prosecuting a real corruption case demand.
The internal processes of the EFCC have been greatly wreaked
by a directionless and spines leadership. Most operatives are so dull that they
have to be regularly directed to angles from which fraud matters can be
resolved at huge costs to the complainants – they are usually thankful. One was
always fond of asking me “abi, no be so?” each time he gave me an update on a
matter I had reported to the Awolowo Road office of the commission in 2010. The
few operatives who manage to resolve matters on the strength of their
intelligence and exposure are mainly southerners. A prominent Lagos based
lawyer once said to my hearing in 2008 that Ibrahim Lamorde was corrupt; I did
not bother to confirm the basis for his claim but in all of these I consider
David Oluwafemi Oluwakayode (formerly known and referred to as Femi, Fani
Kayode) a lucky man because like he admitted his nightmares are over. It’s
never a nice experience for an individual who is caused to go through the
hassles of the EFCC when indeed that person has no cases to answer.
My main consolation is however that his discharge did not
occur during the life of President Jonathan’s administration – the APC as usual
would have been on hand to provide Nigerians with empirical proof of how President
Jonathan personally drove and delivered to the country residence of Hon.
Justice Rita Ajumogobia a bullion van containing money in foreign currency with
which the judgement was bought.
