Business/ECONOMY
Kingsley Nwezeh looks at the nomination of Mr Abdulrasheed Bawa as the Chairman-designate of the Economic and Financial Crimes Commission (EFCC), the controversies that led to the exit of his predecessors, the emerging, valid arguments about the lopsided appointments and violation of the federal character principle among others
The nomination of the Chairman-designate of the Economic and Financial Crimes Commision (EFCC), Mr Abdulrasheed Bawa, was applauded in many quarters as it presented an opportunity for a fresh start for an agency whose past leadership usually ended in controversial circumstances.
There is also the issue that the chairmanship of the commission now looks like a position reserved permanently for Northern Nigeria. Nobody from Southern Nigeria has occupied the seat since the establishment of the agency in 2004.
The other raging argument is the matter that concerns the EFCC Act which stipulates that the occupier of the office must be a serving member of a security agency in the rank of Assistant Commisioner of Police (ACP) or its equivalent.
The rank of the nominee, Mr Abdulrasheed Bawa, is said to be below the rank of ACP.
From the first chairman of the agency, Mr. Nuhu Ribadu to Mrs Farida Waziri, Mr. Ibrahim Lamorde, Ibrahim Magu, and the present Acting Chairman, Mr. Mohammed Umar, all, except Waziri, a retired assistant inspector-general of police, are senior police officers.
The Controversies
Nuhu Ribadu
After prosecuting some powerful governors, Ribadu left in controversial circumstances and at a point raised the alarm that his life was threatened.
He was fired by the Yar’adua administration and later went into exile. Before then he was demoted from the rank of AIG to deputy commissioner of police.
He returned from self-exile in 2011 under President Jonathan.
Mrs Farida Waziri
Another former Chairman, Mrs Farida Waziri, was fired by President Jonathan. The former president said he sacked Waziri in the interest of the nation and that he reserved the right to keep it a state secret.
But in her yet to be launched book “Farida Waziri:One Step Ahead”, said she was fired because she was probing some oil racketeers.
She also held that she was victimised because she refused to contribute to the re-election of the President Jonathan.
Ibrahim Larmorde
Ibrahim Larmorde was accused of diverting N1.3trillion recovered loot among other allegations which became a subject of Senate investigation. He was later replaced by the then ACP Ibrahim Magu.
He was also accused of refusing to investigate former Minister of Petroleum Resources, Mrs Diezani Allison Madueke, before a UK agency intiated the move.
Ibrahim Magu
Magu was last year arrested, detained and later suspended and faced the Justice Ayo Salami-led presidential committee that probed allegations of financial malfeasance against his leadership of the commission. Magu severally accused the panel of refusal to give him a fair hearing following a 22-point allegations of insurbodination and diversion of recovered loot and property levelled against him by his supervising Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN).
Except for Nuhu Ribadu, all the former heads of the anti-graft agency, either retired or serving senior police officers, faced allegations of corruption.
Is EFCC Exclusive Preserve of the North?
It is looking increasingly like the chairmanship of the commission is reserved for the North. Till date, nobody from Southern Nigeria has occupied the position.
There are valid arguments that the appointments regarding the headship of the agency contravened the federal character principle.
Eminent lawyer, Mike Ozhekhome, has weighed in on the violation of the federal character principle as it relates to the EFCC chair.
“The Federal Character principle exists. It was enshrined in sections 14(3) and 153(1) of the 1999 Constitution in our multi-ethnic and multi-religious society, to ensure equal participation of the various ethnic extractions and tendencies in the governance of the country.
“This was to prevent the domination by one or few ethnic groups over others. This was to enhance and promote national unity, national loyalty and a sense of belonging amongst all Nigerians. It was to ensure the equitable sharing of all bureaucratic, economic, media and political posts at all levels of government. But,this is not the case”, he said.
The legal luminary posits that “The EFCC now appears permanently reserved for the North. Let us see the scary list: Nuhu Ribadu (2003-2007); Ibrahim Lamorde (Acting Chairman, 2008); Farida Waziri (2008-2011); Ibrahim Lamorde (2011-2015); Ibrahim Magu (Acting Chairman, 2015-2020, suspended]); Mohammed Umar (2020-2021); Abdulrasheed Bawa (Acting Chairman, 2021; just appointed).
The Kebbi-State born nominee has a lot going for him.
As a 40-year old, he’s expected to bring his youthful energy to bear on his office in recalibrating the anti-graft war by giving it a new impetus.
By his rich background in terms of local and specialist foreign training, Abdulrasheed Bawa has an opportunity to refocus the fledgling war against economic and financial crimes.
In spite of that as Ozhekhome further posits, “the greatest hurdle Bawa may have to cross has to do with the perception of Nigerians concerning his section of origin and religion. Most Nigerians are already fed up and quite angry with President Buhari for thinking that the only people who are competent and qualified to head all the sensitive positions in the security and para-security architecture in Nigeria, and most commanding heights of the Nigerian polity are simply Northerners and Moslems only. So, no Southerners or Christians can be found who are equally qualified and competent for these positions ?
“Is the president really telling Nigerians that no Christian from the South is fully qualified to head the Army, Navy, DSS, EFCC, Security and Civil Defence, Fire Service, Immigration, Correctional Services (Prisons service), Customs, NIA, DIA, IGP, NEMA, NYSC, NSA, SGF, NNPC, CoS, Senate,CJN, President (Court of Appeal), CJ (FHC), CJ (FCT High Court), BOA, SEC, PTF, NIMASA, NPA, FIRS, AMCON, PenCOM, NCC, NDIC, NHIS, AGF, Accountant General (Federation), DPR, etc. Haba, Mr President !!!”
The erudite lawyer and Senior Advocate of Nigeria (SAN) further said “We call this naked nepotism, cronyism, sectionalism, prebendalism, favouritism and abuse of office. Aside the Judiciary where it can be said the order of succession is fairly known, the rest appointments are whimsical, capricious and arbitrary”.
Did His Nomination Breach the EFCC Act?
In spite of the excitement that greeted Bawa’s nomination issues are being raised concerning whether his present rank is the equivalent of Assistant Commissioner of Police (ACP) as stipulated by the EFCC Act.
Section 2(1) of the EFCC (Establishment) Act, 2004, provides for a “Chairman who shall be “(i) the Chief Executive and Accounting Officer of the Commission; (ii) be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or its equivalent ”.
It has also emerged that the nominee’s rank is said to be below the ACP rank in an organisation where there are many senior directors.
Other Issues
Aside reports that the nominee is allegedly a cousin of the Justice Minister, there are other allegations against the nominee bordering on illegal sale of 244 forfeited trucks to proxies in Port Harcourt.
A statement by the EFCC, however, denied the allegation.
It said the disposal of finally forfeited trucks in the Port Harcourt Zonal Office through public auction, was conducted after the exit of Bawa as zonal head”, it said.
The EFCC maintained that it was illogical for him to have been indicted over an auction that was not superintended by him.
“The auction of trucks at the Port Harcourt office was among the issues examined by the Justice Ayo Salami Panel, leading to the suspension of some officers of the commission”, it said.
Conclusion
As the nation awaits his confirmation by the senate, it is also important to review and redesign a governance template that seeks to entrench violation of the federal character principles.
This template should also envisage a situation where the next government from a different part of the country should adopt the template in its entirety without complaints from the beneficiaries of today.
The Bible in Proverbs 29:4 says “By justice a king builds up the land, but he who exacts gifts tears it down”.
