“I am for everybody but belong to nobody” – President Mohammad Buhari
The above statement became a signature speech of the President Buhari made on the inauguration day in May. The declaration was designed to underscore the firmness and fairness of the purpose of the new government. This was further enhanced by the tough minded character the president occupied in the mind of average Nigerian. Nigerians irrespective of political and socio ethnic affiliations voted for the president to restore the moral fiber of the country which was tilting to perdition because of its growing corruption among the political class.
It is in this regard that the agency empowered by the act of parliament to eradicate economic and financial crimes in the country must be alive and responsive to its responsibility. The EFCC established in 2003 by former president Olusegun Obasanjo, in response to growing condemnation of corruption in Nigeria. It was during this period that Transparency International placed Nigeria 132nd out of 133 in its Corruption Perception Index. The call to institute an agency that towers above political and economic influence was the solution to eradicate the growing fangs of corruption in Nigeria,
Under the leadership of Nuhu Ribadu, the EFCC went after several high-profile individuals, with varying degrees of success. Former Inspector General of Police Tafa Balogun was convicted of looting more than $110m earmarked for modernizing Nigeria’s police force. Same with ex governor of Bayelsa State, Diepreye Alamieyeseigha and his Plateau State counterpart, Joshua Dariye among others in which many other convicted sent to jail and forfeiture of the stolen funds and other personal asset.
The successful pace of the anti financial crimes agency caught up with notable advanced fee fraudsters and socialists like Ade Bendel, Amaka Anajemba, Emmanuel Iwude among others. The era witnessed the determined and glowing days of the anti graft agency and there was little doubt that if such pace continues, the country will attain global recognition among the comity of nations. It is instructive to note that this period was the glory and effective era in the life of the anti graft agency. The agency was mainly pre-occupied with financial crime cases with little attention given to political exposed allegedly corrupt persons.
The anticipated success story Nigerians looked forward to from the anti corruption agency has become a mixed bag, whose activities range from ineffective prosecution to weak and unsuccessful filing of evidence required to judiciously prosecute alleged corrupt person among other legal inadequacies. This largely dominated popular impression of the agency before the electoral victory of the President Buhari administration who many observers of the huge financial wastage, public sector corruption and financial crimes in the system were of the notion that the president will rein on the agency to be effective, functional and non partisan in the delivery of it statutory functions.
Since the inauguration of the present administration, EFCC showed an outlook of an agency on the path of restating its effectiveness in pursuance its mandate as reiterated in the campaign promises of the president Buhari administration for total eradication of corruption in the system. However, the summary of the anti graft agency’s activities showed a pattern of huge media prosecution, news media colouration of public opinion and one sided pursuit of person of interest widely said partisan. For an agency that was widely seen to be inactive in investigating and prosecuting politically exposed individuals during the last dispensation to begin taking on members of the opposition give cause of concern. Criminal justice administration be to successful must be built on the platform of fairness, impartiality and innocent before the law. That defined the sacredness of rule of law.
The law and its administration must treat everybody with fairness and dignity, regardless of religion, gender, political affiliation or ethnic attributions. For emphasis, the anti graft agency has either arrested or invited largely from the members of the opposition for questioning. The latest being ex governor of Akwa Ibom, Chief Godswill Akpabio, Mr. Usman Dakingari, former governor of Kebbi State, Bar. Ihedi Ohakim of Imo State, Sule Lamido, ex governor of Jigawa State among other personalities linked with former dispensation largely from the opposition party, PDP. However there is no valid assumption that this unfairness in the agency prosecution enjoyed the present administration sanction. It is important for the Presidency to steer clear of being tagged as the brain behind the perceived selective prosecution of the alleged person of interest by the agency. The perception of the EFCC is seen as acting a political script which will undermine the credibility of the present administration’s avowal to confront corruption and financial crime without fear or favour. The perception that dogged the agency as one whose few convictions recorded at the highest level because they are not really going after corruption. They are doing selective prosecution which is itself another brand of corruption.
This selective prosecution wanes the fight against corruption. It also undermines the sincerity and genuine efforts of the government in aiding any anti-corruption drive. This could also affect the agency continued support from a number of international law enforcement and development agencies. The EU is one of the Commission’s main funders and has supported the fight against financial and economic crimes in excess $20 million. A truly independent EFCC would play a crucial role in ending theft carried out by many members of Nigeria’s elite. For now, it portrays a tool used by one part against another.
If the president truly wants the citizen to see him as personae whose allegiance is to everybody with none in particular, the administration of the EFCC activities must illuminate an agency built of prosecuting everybody based on sound investigation, questioning and prosecution irrespective of party, ethnic or regional allegiance.
Without much ado, the purported case against Alhaji Mohammed Gobir in what EFCC called ‘major corporate fraud’ and taking him into their custody in Ikoyi, Lagos sometimes in September 2015, alleging that the gentleman defrauded foremost outdoor advertising company, Afromedia in various currencies, is most unfortunate; judging and convicting a man on the pages of newspaper without trial or due process, is a clear case of injustice to say the least.
The commission also erroneously alleged that Alhaji Mohammed illegally collected $3,500,000, N514,457,151.87, $2,102,740 and 51,000 Pounds Sterling at various times. The 55-year-old father of two was subsequently picked by the operatives of EFCC in his Ikoyi residence and taken to the Lagos office of the anti-graft agency for interrogation, stripping him of his dignity and fundamental rights.
EFCC had refused to purge itself of the ignorance that Alhaji Mohammed Gobir was a board director at Afro Media Plc, in charge of business development from 2002 to 2013 until his resignation. His role in the company was to secure high-tech business opportunities for the company for which by board’s resolution entitled Alhaji to 10% of the proceeds of any transaction closed.
In one of the several private meetings held, the Group Managing Director, Mr. Ire Akin Olopade and Alhaji Alhaji Mohammed Gobir agreed on the possibility of the company exploring and receiving capital investments sequel to the melt down in the Nigerian stock market. In accessing the capital investment, money was required for the process and accessing the fund to which part of the sum was expended by Mr. Olopade who artfully made a turnaround and requested for repayments of which several payments was advanced to Mr Olopade.
However, the two parties disagreed on the arrears to be paid having deducted earlier payments from total sum, with the two parties resolving to seek legal adjudication on the matter to determine what was due. It was therefore surprising when in a rather commando style, on the 12th of September, 2015, operatives of the EFCC stormed Alhaji residence in Ikoyi, Lagos State in company of Mr Olopade. The said EFCC personnel forced their way into Alhaji Mohammed Gobir’s apartment with neither a search warrant nor a court order to validate the entry. The EFCC personnel’s activities put Alhaji’s apartment in disarray all in the name of searching for documents. Alhaji was dazed by this act of the EFCC enforcement team which was led by one Danladi Daniels who immediately whisked Alhaji Mohammed to their office even though to Alhaji’s consternation, nothing was presented to him either in form of a written complaint, or evidence of being investigated.
He also reported that the EFCC team compelled him to submit for a series of photographs and mug shots, stating also that he was amazed to see pictures taken given premium mention and published by virtually all Nigerian media within 12 hours of taking the said pictures.
It is worthy of note that till date, Alhaji Mohammed Gobir has not been shown any written petition against him. Instead, the EFCC officials informed him verbally that Afromedia plc wrote a petition against him.
Of course it is the duty of the prosecution to prove his guilt if any. While Alhaji’s corresponding duty is to state his defense to establish his innocence. Without contradiction it is right for Alhaji to protest the unjust execution of an illegal harassment being carried out without the opportunity of being given fair hearing as constituted by our grand norm. There are also undisputable facts that there are several other factors at play, stating also that some persons are using the instrumentality of EFCC to manipulate and witch-hunt him towards the achievements of a specific agenda to defame his person and to portray him in bad light to the general public.
It is curious and worthy of note that the instrumentality of EFCC was used over a purely civil transaction to arm twist Alhaji Mohammed Gobir and further compel him to produce the said amount of money that Olopade had earlier alleged Alhaji owed him, even though the two parties involved, Mr Olopade and Alhaji had reached a mutual agreement on the 19th June, 2015.
Written by Babalola Ibrahim.
