The term industry is normally used in respect of
manufacturing or at least to refer to a specific branch of business (e.g. the
entertainment industry, the oil and gas industry). So, how come I am now using
it for corruption, something negative?
This is because the level of corruption
in the country is flourishing rather than reducing. Various anti-corruption
programmes of doubtful impact enable what I refer to as an anti-corruption
industry to coexist along the `corruption it ostensibly ought to combat.
Hundreds
of thousands, if not millions, of dollars have been spent on many so-called
reform projects. Instead of the trend of the problem to reduce, it continues to
increase. For more than 16 years now, the fight against corruption in the
country has been reduced to mere sloganeering.
The “reforms” at best end of
swelling the pockets of the “reformers”. For the sake of the country, this
cannot continue.
Today, the biggest barrier to the “war” against
corruption in Nigeria is, ironically, the anti-corruption industry. It is a
smokescreen under which several forms of sophisticated corruption are being
promoted. I do not want to talk about the multiplicity of agencies and
duplication of roles of these agencies.
Though it is part of the confusion that
sustains the industry, I believe that some suggestions are on the table to
reduce their numbers and streamline their functions. Whether that will deplete
the industry in any way remains debatable.
Beyond that, I think some drastic actions are necessary
to rev up the anti-graft war. For instance, an organisation like the Economic
and Financial Crimes Commission should be scrapped completely. It is simply a
glorified police station with more than 1,000 policemen currently in their
employment (669 in 2008). It is a known fact that in most police stations in
Nigeria, a complainant can easily become the accused, depending on who pays
more money.
Justice is available to the highest bidder. How will anyone expect
a different culture from the policemen at the EFCC where more than 90 per cent
of the members of staff of the operations department are drawn from the police
and from one part of the country?
Is it because of the mere fact that they earn
salaries from two different organisations or what? Have you asked about all the
alleged cover-ups you hear about in prosecutions? How many of those who have
been arrested for one form of corrupt act or another have been diligently
prosecuted? Have you asked about the changing list of suspects of the fuel
subsidy scam? What about those arrested in connection with the police pension
scam? Do you know the cause of the delays and the reasons why the charges are
hurriedly filed and later withdrawn for most of the suspects prosecuted by the
EFCC? You imagine that these are not professionals but that may be a style to
fleece suspects and make money.
Have you bothered about the contents of the
various plea bargain deals packaged by the EFCC? Who negotiated them and what
standards did they follow? You can see that they have started blowing hot air with
arrests of high profile suspects who will never be diligently prosecuted in the
long run. Have you bothered to ask why the EFCC waited till after the exit of
former Attorney General of the Federation, Mohammed Bello Adoke, before
re-opening investigations on Malabu oil deal?
It may be necessary to repel the EFCC Act 2004 completely
because some of the core functions could soon be taken over by autonomous
agencies. For instance, with the passage of the Nigerian Financial Intelligence
Centre Bill into an Act by the National Assembly, it means that the Nigerian
Financial Intelligence Unit which used to be under the EFCC will soon become
autonomous.
Such a development will empower the agency to share intelligence
promptly with other financial intelligence centres and all other relevant law
enforcement agencies and could help trace movement of dirty monies useful to
crack down on kidnapping and even terrorism. In the past, it had been alleged
that bureaucratic bottlenecks had hampered information sharing and led to
selective attention to intelligence reports received.
The second legislation is the Proceeds of Crime Bill
which was recently passed by the Seventh National Assembly. It removes the
asset recovery responsibilities from the EFCC. The POCA Act is focused on
recovery of illegally acquired property through confiscation, forfeiture and
civil recovery and provides powers to seize, freeze and restrain criminals from
dealing with their properties. With these developments, the EFCC will be left
with only investigative and prosecutorial powers which can easily be
transferred to another agency or could actually be left with a special unit of
the police.
Has somebody asked the EFCC to account for all the
properties confiscated in the past from high profile criminals they
investigated? Were the properties handed over to government or were they sold?
If they were sold, who bought them and how transparent was the process of
selling them?
What about the monies recovered from them? Were they paid back to
government treasury or were they unilaterally converted to the EFCC funds? I
challenge the EFCC to provide a comprehensive list of these properties and what
they did with them as part of their winding down notes. The officials of the
organisation especially in the operations unit and their present and former
prosecutors should be compelled to declare their assets.
Just recently, an ongoing litigation trying to unravel
the government agency in custody of information about the Abacha loot between
the Office of the Attorney General of the Federation and the National Security
Adviser was reported in the media.
There were claims and counter-claims about
who should do what. Really? Now if such information is not available, does it
not validate the strong speculation that all the loot recovered from the late
Gen Sani Abacha and other looters may have been re-looted again? How can any
discerning mind exonerate the EFCC from the whole embarrassing saga?
I do not wish to suggest that the anti-corruption
industry that I refer to is only based at the EFCC. No. It is in every ministry
and every parastatal.
It has branches in almost every anti-corruption agency
including the Corporate Affairs Commission, the Code of Conduct Bureau, the
Nigeria Extractive Industries Transparency Initiative and even the Bureau for
Public Procurement. The issuance of Certificate of “No Objection” for contract
awards is a well-known “old” racket that can be obtained even by unregistered
companies associated with influential individuals.
With the National Council on
Public Procurement yet to be inaugurated, the past Federal Executive Council
was literally turned to a contract bazaar of sorts. Will that continue under
this new regime?
I am aware that the fight against corruption is one of
the cardinal points on the agenda of the new government. President Muhammadu
Buhari said so during his inaugural speech.
Therefore, if he has to achieve
results early, he must start looking for ways to crack the anti-corruption
industry firmly rooted in anti-corruption agencies, the judiciary, all agencies
of government, among the political class, the police and even the media and the
civil society organisations. I can say this for free that it will not be easy
because they are quite sophisticated. However, until he dismantles their
networks, they will find a way to frustrate his efforts to their own benefit.
The courage in confronting this industry will be the biggest test of his
political will to fight the scourge. It is either he destroys that virulent
industry or its activities will submerge his positive efforts and ruin his
government.
Uche Igwe
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