CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
Close to a decade after the inauguration
of the Economic and Financial Crimes Commission (EFCC), the war against
corruption in Nigeria continues to rage with the anti-graft body
clearly not having the upper hand. The bulk of the blame has been put on
the Federal Government for not allowing the Commission to function
without undue interference. It is believed in some quarters that most of
those who should be arrested, investigated and prosecuted by the
EFCC are enjoying protection from the Federal Government and people
hardly get hounded by agents of the commission unless they have fallen
out of favour with the Government. The leadership of the Commission has
changed a number of times but the system with which it pursues its
mandate has remained the same over the years. Many had questioned the
genuineness of the intention behind the commission right from its first
few years as it was largely seen as a tool by the Federal Government to
witch-hunt real or perceived opponents.
Though the fear of the EFCC was the
beginning of wisdom in the Obasanjo years, it became obvious that the
Malam Nuhu Ribadu-led commission targeted mainly those who dared to
antagonize the President. Though back then, the EFCC was seen to be
working, though not without some flaws. For instance, Rotimi Amaechi
faced fire when the EFCC brought up charges of financial impropriety
against him just before the 2007 elections and he was dropped as the
governorship candidate of his party. It was later made public that it
was because the powers that be were not favourably disposed to his
ambition to rule Rivers State. Peter Odili too aspired for the PDP’s
presidential ticket in 2007. It was an open secret that former President
Olusegun Obasanjo used the EFCC to frustrate that ambition.
One of the beneficiaries of Obasanjo’s
effective usage of the EFCC was Engineer Segun Oni, the deposed Governor
of Ekiti State. Though he came third in the shadow elections, during a
meeting with the three top contenders for the PDP’s ticket, the
President brought out a file which he claimed was the EFCC’s dossier on
Yinka Akerele who came tops at the primaries. There and then, Obasanjo
in his wisdom decided that Oni should be chosen as the party’s
candidate. He was immediately told to go and flag off his campaign in
Ado Ekiti. Joshua Chibi Dariye, a Governor was arrested in London with
loads of money Dariye found his way to Nigeria after being granted bail.
Not long after, Nuhu Ribadu addressed the Plateau State House of
Assembly and pronto, Dariye was impeached He challenged his
impeachment and was reinstated by the Court, with the verdict being
upheld by the Supreme Court. After the expiration of his tenure in May,
2007, he was arraigned at Federal High Court, Guda on a charge of
stealing over N 700 million. He was granted bail and today, Dariye is a
Senator of the Federal Republic.
The situation in Ekiti state was
somewhat similar. No one ever believed Fayose could be impeached by the
House of Assembly in which he controlled the majority. On one occasion,
he opened a portion of the Government House for his guests and there the
House of Assembly was holding a meeting around 1 a.m. After the arrest
of some of his friends and associates over a failed poultry project,
the EFCC swooped on the Ekiti State House of Assembly and after several
visits to the EFCC facilities in Lagos and Abuja, the legislators were
made to understand that the commission had records of the funds they
collected for constituency projects and how the funds were utilised. Not
long after, the legislators backed down and the vote of absolute
confidence earlier passed on the Governor gave way. He was impeached
along with his deputy and his case started in court on December 17,
2006. He was accused of looting about N 1.2 billion.
So far, Lucky Igbinedion is the only
former Governor who has paid back part of his loot. While facing a
191-count charge of money laundering, Igbinedion opted for a plea
bargain and he paid back N 4.3 billion in a case that was determined in
2008. To many, the EFCC was simply playing to the gallery as it
continued to drag people to court and the number of convictions obtained
did not show that it was indeed winning the war against graft. The
cases of Bode George as well as the assets forfeiture of Tafa Balogun
and Dipreieye Alamieyesegha are the major achievements the commission
can boast of.
The commission blamed the Executive for
interfering in its activities through the office of the Attorney-General
of the Federation. Bails have allegedly been secured for people who
were arrested by the Commission through the Attorney General. And at the
end of the day, the country ends up being the loser, if an agency that
is funded by the Government is prevented from carrying out its functions
by agents of the same government. Internal politics also affected the
quick and diligent prosecution of a lot of cases. Each time a new
Chairman comes on board, there is bound to be the redeployment of
officers believed to be in the structure built by the chairman’s
predecessors. The transfer of a lot of investigators has reportedly done
a lot to affect the cases that were handled by such officers.
In conclusion, this study aimed at
looking at the EFCC and their fight against corruption in Nigeria (A won
or lost battle). It suggested that the commission should explore the
inter-nations technical co-operation on corruption, to develop mechanism
that would help Nigeria have a system that discourages outright
stealing of public fund, and develop an anti-corruption war that relied
on forensic evidence, well-trained personnel and free of unnecessary
controversies. EFFC should, this time-around, effectively utilize the
provisions in the National Assembly Act 2004, establishing it. For
instance, Part III, section 12, subsection 1(c) and subsection (2),
which provided for establishment of Research Unit; and any committee to
assist the commission, are good avenues for the commission to explore to
bring itself at par with Nigerians expectations. However, the best
weapon the new helmsman of EFFC have, is, adherence to rule of law,
because with the current uncompromising stand on adherence to Rule of
Law, by President Yar’Adua, any disregard of Rule of Law will not only
send one to kuru, it may send one to Kirikiri.
1.2 Statement of the Problem
Corruption is one of the most widespread
social evils in Nigeria; it is seen as a main threat in the public and
private sphere. Corruption undermines fragile democratic systems by
fuelling popular disillusionment with politics and politicians; it also
undermines trust and confidence, which are necessary for upholding and
development of sustainable economic and social order. Corruption is not
only peculiar to Nigeria, it is a global phenomenon. However,
anti-corruption war in Nigeria is like a gun-war being fought with bows
and arrows, it is a war that can turn its fighters into victims and
those being fought into heroes, it is a war that both sides manipulate
to gain personal and political points, it is a ‘world’ of controversies,
politics, extensive debates and high public expectations.
EFCC is the central institution saddled
with the responsibility of fighting Nigeria’s anti-corruption war. The
Commission and its helmsmen were recently featuring in the news in
positive as well as negative pictures, both at local and international
media. EFCC and its protagonists hold the view that, the Commission is
on the right track; while its antagonists and some public commentators
have observed some lapses in the manner the Commission is executing its
mission.
1.3 Research Questions
The following are some of the questions which this study intends to answer:
i) what is the prevalence of EFCC and their fight against corruption in Nigeria?
ii) what are the factors responsible EFCC and their fight against corruption in Nigeria?
iii) what are the ways in which the EFCC can win their fight against corruption in Nigeria?
1.4 Objectives of the Study
The objective of the study was to
investigate the effort of the EFCC towards fighting corruption in
Nigeria. The specific objectives are:
i) to determine the prevalence of EFCC and their fight against corruption in Nigeria
ii) to investigate the factors responsible for EFCC and their fight against corruption in Nigeria
iii) to assess out the ways in which the EFCC can win their fight against corruption in Nigeria
1.5 Significance of the Study
Findings from the study will be of great
importance to the judiciary arm of government in the area of carrying
out their primary functions and also benefit the EFCC by openly showing
how far people have rated them in their fight against corruption in the
country and show them in the area they are lagging behind. It will also
serve as a foundation on which further research can be made.
1.6 Scope of the Study
This study investigated EFCC and their
fight against corruption in Nigeria and show if they are winning or
losing the battle. It therefore covered the staff of the commission as
well as government officials (both the current and the past). It will
also extend to the general public who will rate the performance of the
commission so far in fighting against corruption.
1.7 Limitation of the study
The researcher was faced with the
problem of getting access to the staff of the commission and also to
some government officials. Another problem for the researcher was
finance as the researcher did not have enough funds to get the required
stationery for the work. Also, the timeframe for the work to be carried
out was too short.
1.8 Definitions of Terms
The following terms were used in the course of this study:
Commission: a group of people officially charged with a particular function.
Corruption: dishonest or fraudulent conduct by those in power, typically involving bribery.
EFCC: Economic Financial Crimes Commission