By Abdulrahman Abdulraheem
Before the immediate past governors of Oyo, Ogun and Nasarawa states, Adebayo Alao- Akala, Otunba Gbenga Daniel and Aliyu Akwe Doma respectively were picked up by operatives of the Economic and Financial Crimes Commission (EFCC) on Thursday to answer corruption charges, there had been widespread rumours about the cases they had with the anti-graft commission.
In fact, the rumours started making the rounds at the tail end of the last administration when some governors were supposed to hand over to their successors. Most of these governors were said to have been petitioned against and would be arrested immediately they stepped down. In the midst of the insinuations, the EFCC chairman, Mrs Farida Waziri and even the agency's spokesman, Femi Babafemi never totally denied investigating some former governors but were always saying no corrupt former public official, whose case is established would be left off the hook.
The rumours continued until sometimes last week when a section of the media reported that the EFCC would soon arrest four of the former governors known to be under investigation. The former chief executives were listed as Aliyu Akwe Doma, Nasarawa; Senator Danjuma Goje, Gombe, Adebayo Alao- Akala, Oyo and Otunba Gbenga Daniel, Ogun. Anytime these speculations go on, the media is always in a haste to celebrate them while the populace is always in a hurry to devour the news as if the end result has been achieved.
In fact, it is worrisome that anytime these so-called big fishes land in EFCC net, a kind of relief is felt by most Nigerians even though in most cases, nothing concrete is heard in terms of conviction and justice afterwards.
So, why the hullabaloo about the commission's bid to travel along this same route that we are all too familiar with? How many of the former governors arrested or invited in the same manner in the past have been truly made to face justice? How many big suspects accused of stealing billions of naira have actually been dealt with in a way that is commensurate with the offences committed?
Where do we start from? DSP Alamieyeseigha, Tafa Balogun, and Cecilia Ibru were people whose brush with the EFCC elicited so much media attention which was in line with the volume of the offences they committed. Alamieyeseigha was detained in London on charges of money laundering in September 2005. At the time of arrest, Metropolitan police found about £1m-worth of cash in his London home. Later, they found a total of £1.8m ($3.2m) in cash and bank accounts.
He was also discovered to own real estate in London worth £10 million. He jumped bail in December 2005 from the United Kingdom by allegedly disguising himself as a woman. He got to the country but was impeached to pave way for his arrest and prosecution by the EFCC.
After all that, he got a plea bargain in Nigeria, a slap on the wrist and he spent only few months in prison. He also forfeited some of his properties to the government but critical minds see these as an encouragement of corruption. What it means was that one could steal big, hire the best lawyers to frustrate the cases and force the EFCC to give a plea bargain. Then, go home and enjoy the remaining loot. So, how are we sure the ex governors in EFCC net right now and the ones waiting to be arrested won't end up this way?
Remember Tafa Balogun, the kleptomaniac former Inspector General of Police (IGP), who faced trial for engaging in the same crimes he was supposed to be fighting. The charge was worth billions but his punishment was worth less than a penny. He got a plea bargain.
Same with Cecilia Ibru, former Oceanic Bank boss under whose charge the CBN took over the Bank and instituted a new management. For lavishing depositors' fund on needless properties across the country and for encouraging non- performing loans that are detrimental to the survival of the Bank, she faced prosecution. The offence was worth billions but she also got a plea bargain.
Farida Waziri tried to justify the introduction of this legal system in a recent interaction with newsmen. She held that instead of allowing the cases to drag on needlessly, it is better to give suspects a slap on the wrist, collect some of the loot and slam them with the tag of ex convicts. But that in the minds of most observers is gross injustice done to the poor masses. If the penal code prescribes several years of jail terms for a simple crime of stealing a goat (which could as well be as a result of the poverty imposed on the country by these same mindless leaders), why should someone steal billions of naira and not be made to rot in jail or even face firing squad?
Despite these shortcomings, each time, there is an arrest of any big man, people get carried away. Even as the money involved in the present case is worth a combined figure of N101 billion (Akala, N25 billion, Daniel 58 and Doma, 18) how are we sure the present guests at the EFCC would not end up like the ones discussed above or even like their fellow former governors.
Has Ayo Fayose of Ekiti state gotten justice? What about Jolly Nyame of Taraba; Chimaroke Nnamani of Enugu; Joshua Dariye of Plateau; James Ibori of Delta; Lucky Igbinedion of Edo state; Boni Haruna of Adamawa; Orji Uzor Kalu of Abia; Peter Odilli of Rivers, Rashidi Ladoja of Oyo and Saminu Turaki of Jigawa? Of course since Bola Tinubu handed over to Raji Fashola as Lagos state Governor in 2007, the Code of Conduct bureau has been blowing hot and cold about trying him for allegedly operating foreign accounts while in office.
Aside these former governors, other big suspects like former FCT minister, Nasir el-rufai, former House of Reps Speaker, Dimeji Bankole and so on are free men today because the cases against them in various courts will be there till God knows when. This is because the Federal Government has refused to address some fundamental issues that are germane to the anti-graft battle to demonstrate its seriousness.
After all the hue and cry of arrest and incarceration for countless hours, we hear of nothing again. Sometimes, we don't even hear of arraignment in court while some times, we hear of court cases that drag for so long that even people get frustrated. In some cases, so much drama and intrigues are seen, judges change, some decline jurisdiction, some simply accept gratification and deliver laughable judgements, senior lawyers (of course the suspects have deep pockets to hire them) frustrate the cases while the suspect continues to enjoy freedom. Some technicalities are used to deny the common man justice even though the suspect has the right to be deemed innocent until proven guilty. But when a lot of factors conspire to frustrate the cases, we don't get to hear whether innocent or gulty. All we hear is adjournment and adjournment…
Talking about the factors that conspire to frustrate the cases, the EFCC boss herself has said more than enough on the issue of establishing special courts to try EFCC cases and most observers agree with her. Talking about all the processes involved in getting justice in a corruption cases, EFCC receives petitions, investigates, invites suspects after which the case is taken to court if genuine cases of economic or financial crime are established but that is when the commission's job stops.
The question on the lips of observers is, how come we have a rent tribunal and election petition tribunals and the government cannot establish special courts to try allegedly corrupt public officers especially cases of PEPS (politically exposed persons)?
Even the institution of non-conviction based asset forfeiture law, which was advocated for the umpteenth time during the last national confab on financial crimes has not been addressed by the authorities. The law allows EFCC and other anti-corruption agencies to seize the asset of any individual if the worth of the asset is not up to his legitimate income pending his trial and conviction by a competent court.
So, analysts believe that the anti-graft battle has never really succeeded not due to EFCC's fault but this is an indictment of the entire legal system. There is a lack of seriousness on the part of government to undertake critical reforms that will reposition the judiciary and until this is done, the present noise about the arrest of ex governors will be another episode of the normal comedy shows we are all used to.
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