Senator Saraki, Danladi of CCT, Magu of EFCC

Bukola Saraki: Between CCT and EFCC
By Yushau A. Shuaib

“I swear by the Almighty Allah to do justice. We are all human beings and not God, we must be fair and just,” – Umar Danladi

Those were the words of the Chairman of Code of Conduct Tribunal (CCT), Danladi Umar at the resumed hearing on the trial of Bukola Saraki on May 17, 2016. He said he was under “serious influence” during the trial of Asiwaju Bola Tinubu in the same court in 2011, when President Goodluck Jonathan was in power. He, however, said he defied the excessive pressure and discharged Tinubu, an opposition leader, over allegations of false assets declaration. (Thisday https://goo.gl/tH6tu9)

The same judge recently discharged and acquitted Senate President Bukola Saraki over an asset declaration case. Immediately after the judgement, the Economic and Financial Crimes Commission (EFCC) was said to have threatened to invite the Chairman of the CCT over alleged corrupt practices. (The Nation: https://goo.gl/Wfv3pL)

The said corruption charge which anti-corruption agency wants to probe Danladi had already been cleared by the same EFCC under Ibrahim Lamorde in 2015 (Sahara Reporters: https://goo.gl/tnPTVV).

Not only that, on April 20, 2016, the EFCC under current Acting Chairman Ibrahim Magu further cleared CCT boss through an official letter with reference number EFCC/P/NHRU/688/V.30/99 which stated inter alia, ‘‘We would like to reiterate the Commission’s position in regard to this matter as earlier communicated to you and state that the allegations levelled against Justice Umar were mere suspicion and consequently insufficient to successfully prosecute the offence”. The spokesperson for the EFCC, Wilson Uwujaren even confirmed the clearance too. (Premium Times: https://goo.gl/nvvPSB)

The case of Saraki just like that of Tinubu is believed in many quarters to be politically motivated. The miraculous manner he emerged the Senate President against all odds and his strong opposition to a Muslim-Muslim ticket for the APC in the build-up to the 2015 general elections were major reasons for Saraki’s persecution and prosecution, based on his claims. (NAIJ: https://goo.gl/HYkBkR)

While many were disappointed with the judgement of CCT over Saraki’s case to the extent that some groups were cursing his family and his associates, it is necessary to look at the grounds for the acquittal. A mere allegation of offence does not guarantee a conviction for guilt. It is a popular saying in law that “he who alleges must prove that the accused actually committed the crime before the court can make any pronouncement.”

The main function of the EFCC is to fight economic and financial crimes but not to usurp the power of Code of Conduct Bureau (CCB) which is constitutionally empowered to prosecute cases under false declaration of assets. In prosecuting their case against Saraki, the government through its prosecutors called for only 4 witnesses and tendered 48 exhibits during the trial.

The first witness, Michael Wetkas, who is an EFCC operative admitted that he neither obtained any statement from Saraki nor interviewed him on the charges before the court. Meanwhile, Wetkas admitted that there was no evidence to show that Saraki did not declare a piece of property in London. Adding that he had no detailed information regarding the alleged undeclared property. (The Cable: https://goo.gl/b4HUnF)

The second witness, Amazu Nwachukwu invited by EFCC to be its witness was emphatic that he knew nothing about the purported foreign account operated by Saraki. He added that the bundle of documents in his possession at the tribunal was presented to him by the prosecution and that he was just asked to read the documents and not that he knew anything about them since he was not the author. (The Sun: https://goo.gl/ucn2aJ)

The third witness who is the Head of Investigation of the CCB, Samuel Madujemu admitted that Saraki indeed declared his assets and that of his wife and his children when he held office as Kwara State Governor. (The Guardian: https://goo.gl/fzusGL)

He further claimed that his agency had no formal report of the investigation carried out on the assets of Saraki. According to him, it was EFCC’s investigation after Saraki becomes Senate President that led to the arraignment on asset declaration. He further dropped a bombshell when he said: “On the documents so far tendered at the tribunal against Saraki, the documents were sourced by the EFCC operatives on the joint investigative team and I cannot speak for them here. In fact, I am not familiar with every aspect of the exhibits tendered because we in the CCB did not generate them.” (DailyPost: https://goo.gl/CBkniW)

In a desperate move for damage control after the contradictory evidence by the three witnesses, another banker, the fourth witness Mr. Bayo Dauda of GTB denied ever seeing any foreign account allegedly operated by Saraki. The Banker said he had never worked with foreign banks to know how they open accounts for their customers. He boldly stated that the documents presented to him to give evidence were handed over to him by EFCC when he reached Abuja and that he was neither the maker nor the signatory to the documents and as such, he will not be in a position to verify documents prepared by another person. At the last hearing day, he told the Tribunal that the contentious document inquired by the Tribunal patterning the transaction of the defendant cannot be found.” (PRNigeria: https://goo.gl/cGr7f4)

Meanwhile, as all the EFCC witnesses gave contradictory and weak evidence, the Justice Danladi Yakubu Umar, and his colleague on the bench, Agwadza Atedze upheld the no-case submission of the Senate President and consequently discharged and acquitted him. The tribunal stated that the evidence of the prosecution witnesses was manifestly unreliable and that no court could attach value to such let alone convict on it. The tribunal also stated that the testimony of the CCB Staff, who admitted that his report was based on information from his team members, rendered the whole evidence linking the defendant to the alleged offences invalid, adding that no conviction could be made on hearsay. (Punch: https://goo.gl/J5453B)

The tribunal explained that the admittance of the EFCC staff under cross-examination that Saraki was not invited for clarification on the grey areas in his assets form, grossly affected the competence of the charges, adding also that the claim by another banker that all documents it had linking Saraki to the alleged offences were lost in a fire accident further neutralised the evidence. ( DailyNigerian: https://goo.gl/GFmxJ6)

Since the case is going to the Appeal court for further judicial review, it is now time to allow the judges to perform their constitutional roles before we further engage in distractive media trial over a simple legal matter. (Daily Trust: https://goo.gl/ajd2uQ)

The two members of CCT panel deserve commendations and not knocks for their bold and courageous adjudication on this matter in spite of the intense pressures and distractions from powerful political forces.

Yushau Shuaib
www.YAShuaib.com
yashuaib@yahoo.com
Abuja

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L-R AVM Jon Ode, Ibrahim Magu

Magu’s EFCC: Between Suspects and Victims
By Yushau A. Shuaib

Sometimes in July, 2016 while attempting to pay the remunerations of over 20 staff and volunteers, it was discovered that the Company’s Salary Account, the Operational Account, the Domiciliary Account and even Personal Account of the Director had all been frozen!

Responding to the query from the company, the bank claimed that it blocked the accounts on an instruction from the Economic and Financial Crimes Commission (EFCC); and this was done without even notifying the management of the company. The action forced the firm to downsize its workforce of mostly young graduates by 70% and scale down its operations.

The above scenario was the first-hand experience of this writer who has not only served the EFCC but also other critical institutions in the country for over three years. Many individuals, groups and institutions who diligently transact their legitimate businesses have suffered similar fates and are now finding it extremely difficult to run their businesses or take care of their families.

In fairness, the anti-corruption agency capitalized on the controversial report of Presidential Arms Probe Panel which went outside its brief to pick hole on other services not related to arms and ammunition. Meanwhile, the probe panel merely succeeded in creating inter-agency rivalry by exposing some security sectors to public ridicule while soft-pedalling on others. The panel led by a retired airforce officer, AVM Jon Ode barefacedly turned its terms of reference into something else (See Link1 below). It was therefore not entirely surprising when it wilfully portrayed the Nigerian Air Force (NAF) as the most corrupt security sector by ensuring the arraignment of its three past service chiefs in courts while not much is known in other branches of military and security agencies, including the police.

One of the painfully emotional cases is that of a most respected senior airforce officer who was scandalised and taking to court, few months to the wedding of his daughter, over an allegation of receiving gifts from contractors. The officer, AVM Alkali Mamu, was one of the most intelligent, kind-hearted, honest and highly experienced Nigeria’s fighter-pilot who had also flown many heads of states. That indictment abruptly ended his over 30 years of meritorious service in the military when he was serving as Chief of Administration of NAF.

While most of EFCC’s investigations are conducted based on petitions it receives from organisations, groups and individuals, the agency has taken some actions that are seemingly unethical and politically motivated, especially against officers in the previous administration and top members of the opposition parties.

The recent Senate’s rejection of the nomination of acting Chairman of EFCC, Ibrahim Magu was based on security report from Department of State Service (DSS). Though allegations against him were on corrupt practices but there are feelers that inter-agency rivalry could also not be ruled out. The report did not accuse Magu of maintaining large bank accounts or acquisitions of gargantuan properties even as he has served the police and EFCC passionately for more than two decades.

Despite the underhand tactics of leaking confidential materials and orchestration of media trials of suspects by EFCC, Magu nevertheless has an intimidating profile as a fearless and courageous anti-corruption fighter who had investigated and prosecuted many high-profile cases since the inception of EFCC.

While there are some obvious success stories on his efforts, careless indiscretions rather than financial corruption might have put Magu in the current mess. His fate is similar to those being investigated by the EFCC who are either suspects or victims and exposed to public ridicules.

In a whole year of acting as EFCC boss, Magu should have realised that he is at the mercy of the Presidency which nominates and the National Assembly that confirms appointments into certain offices. He has dignified and protected members of the Federal Executive Council but denigrated and descended heavily, without mercy, on members of the National Assembly. His penchant for engaging the legislators on unnecessary outbursts over flimsy and insubstantial issues are uncalled for, considering that they are also elected representatives of the people. For instance, in April 2016 when an EFCC Liaison officer at the National Assembly presented a plaque to Deputy Senate President, Senator Ike Ekeremedu, the EFCC under Magu descended on the legislative arms with uncouth castigation (link2). Similarly, rather than being calm, he took an offence over a media report and boasted that he had never and would never lobby legislators for his confirmation (Link3). That rejoinder was a misplaced anger because lobbying is a legitimate communication process that is acceptable in diplomacy, law and public relations.

While this is not an attempt to exonerate or hold brief for Magu over corrupt practices as alleged by the DSS, security agencies should be careful so as not to play politics with investigative reports. They should avoid playing to the gallery like the report of the AVM Jon-Ode arm probe panel whose member was caught red-handed with over $1mn cash, exotic cars and illegal firearm in his residence (Link4). As a matter of fact, President Buhari needs to even probe all members of that controversial arms probe panel to ensure that their reports were not influenced by pecuniary purposes or vindictiveness. It should be noted that AVM Jon Ode had also served as a Defence Aide in the previous administration of Goodluck Jonathan.

Since Nigerians have shown their supports for President Muhammadu Buhari’s war on corruption and the extension of the campaign to security agencies, legislators and judiciary, his recent directive for the probe of members of the executive arm as well as the 5% rewards for the whistle-blower’s efforts on recovered loots are a welcome development (Link 5).

President Buhari should ensure that the brewing inter-agency conflict among critical institutions should be urgently addressed. For instance, if the EFCC should attempt to retaliate against the report of DSS, the result will not only be dirty but likely to compromise the national security. Our security agencies should never allow their operations to be teleguided or politicized. It is therefore necessary that while each agency maintains its independence and neutrality, the Office of National Security Adviser, Defence Headquarters and Ministry of Interior should rein in their supervisory functions in ensuring better synergies among the security organs.

Yushau A. Shuaib
www.YAShuaib.com
yashuaib@yahoo.com

References:
Link 1: YAShuaib Resigns from FOSSRA… Says Jon Ode Panel Misleading President Buhari
Link2: Ekweremadu Not EFCC’s Anti-Corruption Ambassador- EFCC
Link3: I am not lobbying Anybody- Magu – EFCC
Link4: Jon-Ode Arms Panel Member in Scandal: Bugatti, Ferrari, Dollars Recovered
Link5: Expose Corruption, Receive 5% of loot- FG Urges Whistle-blower

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