By Chigozie Effe
The recent invitation and interrogation of the wife of the Senate President, Mrs. Toyin Sarki, by the Economic and Financial Crime Commission, EFCC, over alleged corruption as well as some top government official has brought to the consciousness of Nigerians that perhaps the anti graft agency might just be waking up from its deep slumber. At some point, Nigerians were beginning to lose confidence in the agency under the watch of the once fiery Ibrahim Lamorde.
The EFCC and the ICPC, as extensions of the police formation, are expectedly under Section 4 of the Police Act and under their enabling laws entrusted with the statutory duties of detection, investigations and prosecution of graft-related offences. The EFCC enabling laws, particularly sections 12 and 13, emphasise the functions of the various specialised units of the commission, and these include general and assets investigation; legal and prosecution; research; administration and training.
As if to further rub it in, the commission’s special units, especially its General and Assets Investigation Unit, are further charged with the duty of prevention and detection of offences that violate the EFCC Act, whilst the Legal and Prosecution Unit is responsible for the prosecution of offenders and giving legal advice and assistance to investigators.
While the invitation of Mrs Saraki may not have received the blessings of some law makers who are acolytes of Saraki and who see the arrest as some kind of witch hunt, others wondered why would it take the anti graft agency this long before inviting the wife of the Senate President. Mrs. Saraki was invited by the commission for questioning over alleged shady contracts during her husband’s tenure as governor of Kwara between 2003 and 2011.
The invitation was in relation to alleged contracts executed by companies said to be linked to her while her husband was Kwara chief executive.
Wilson Uwujaren, the spokesperson of the EFCC, confirmed the interrogation of the former Kwara first lady at the Headquarters of the commission in Abuja.
“Mrs. Saraki was in our office for questioning following an earlier invitation sent to her over allegation of corruption,’’ Mr. Uwujaren had said.
Whether this is coming as result of the emergence of President Buhari or whatever might be the case, this is a welcome development, owing to the fact that corruption has continued to be the bane of the country’s development.
A recent release by aneki.com indicated that Nigeria is not even among the 10 developed countries in Africa? How did Nigeria get to this pass?
But Buhari’s commitment to the campaign against corruption is not in doubt. The reported collection of the list of oil thieves by President Muhammadu Buhari from the US government as well as the current probe of some government agencies has further shown a zero tolerance to corruption. This, perhaps may as well bring development in the country.
The recent arrest of the former governor of Jigawa State, Sule Lamido, and his two sons as well as former governor of Imo State, Ikedi Ohakim, by the EFCC are commendable, but the institution must go beyond rhetoric by ensuring that monies recovered from looters are returned to the national coffers.
In retrospect, EFCC, under the watch of Nuhu Ribadu was a vibrant one, one that carved a name for its self, one that was respected and feared. Whether it was used by the Obasanjo led administration to get rid of perceived political enemies as a result of their political remains in the realm of conjecture.
Incidentally, the agency had for some time now been losing cases, such as that of Femi Fani Kayode, the loquacious former Aviation Minister.
Apparently, the enabling laws are not really helping matters as they are really not in tune with the gravity of the offence of corruption.
The case of Ohakim is instructive. He was alleged to have stolen N250 million, yet a Federal High Court in Abuja granted the former governor bail in the sum of N270 million.
It would be recalled that the EFCC had recently arraigned Ohakim on three counts of fraud, including making cash payment of $2.29m (N270million) for a property in Asokoro. Furthermore, the prosecution also accused the former governor of collaborating with Tweenex Consociates H.D Ltd to conceal the ownership of the property by drafting an agreement portraying him as a tenant in the property.
Justice Adeniyi Ademola, in his ruling on the bail application filed by Ohakim, ordered the persecuting agency, EFCC submit the passport and other travel documents seized from the former governor to the Deputy Chief Registrar of the Court.
Also interesting is the case of Michael Igbinedion, the younger brother to the former governor of Edo state, Chief lucky Igbinedion, who was convicted of fraud of N25 billion in Benin recently and was sentenced to two years in prison or an option of N3million fine! Yet, the person that assisted Igbinedion loot the funds was sent to prison for two years.
For anti-graft agencies to be seen as vibrant and incorruptible, it must do away with lawyers who are more interested in collecting huge fees without showing adequate interest or seriousness towards getting conviction in criminal trials. There are lawyers on the payroll of the EFCC and the ICPC who are only after the collection of “fat briefs” rather securing conviction in criminal trials. To merit his pay, a prosecutor for the anti-graft agency should be able to convict an accused on 10 counts where such an accused had been arraigned on between 48 and 50 counts.
Furthermore, analysts argue that Section 36 of the constitution should be amended such that all graft-related offences are categorised as strict liability offences. By this approach in criminal law jurisprudence, the onus of proof is reversed. Instead of the state proving the guilt of the accused person beyond the often-mouthed “reasonable doubt”, it will be imperative for the accused person to prove his own innocence. For example, an accused person on a salary grade of Level 10 or less should be made to prove that about the N1billion in his bank account, houses and cars scattered in Lagos, Abuja and in his village are proceeds of a legitimate venture.
To be sure, Buhari as the new anti corruption hero must as a matter of urgency sponsor a bill to amend Section 36 of the 1999 constitution, section 135 of the evidence act, 2011 and the relevant provisions of the nation’s penal laws.
This, many say, would go long way in making the anti graft agencies more robust and strong in the discharge of their duties.
