Issues
Setting Aside The Rule Of Law : The EFCC Tragedy
That Buhari’s failed APC federal government has dragged the country 30 years backwards cannot be controverted. Even officials of the Buhari administration cannot point to a reasonable project, initiated and completed by this non-performing administration.
However, the most worrisome aspect of the failed APC federal government is the courage with which it dispenses and promotes impunity. I was shocked beyond words when I read that the president in the presence of the leadership of the Nigeria Bar Association and the nation’s judiciary declared that the rule of law must be subjected to the supremacy of national interest.
The questions that readily come to mind; who determines national interest ? Are we not deepening the process of impunity and dictatorship? Why would a federal government circumvent due process for political expediency?
The bar and bench watched helplessly with this desecration of the temple of rule of law. This explains the negative slide by the country on all fronts.
One area where the Buhari administration has fundamentally destroyed this country is in the area of the fight against corruption. This is an ungodly film trick by a failed APC federal government with the active connivance of the media.
Since 2015, the APC federal government has conscripted the media into her unholy media trials, orchestrated by an EFCC that is tainted by corruption itself. Recall that the Department of State Services (DSS) indicted the perpetual Acting Chairman of EFCC, Mr Magu for alleged fraud. He has not been investigated, let alone prosecuted.
Using the media with reckless abandon, the EFCC has consistently destroyed the foundation of the rule of law. They use newspapers and the electronic media to throw-up rumours and allegations against perceived opponents of the failed APC federal government.
On Sunday night, I received a text message from a correspondent of Vanguard Newspaper on the EFCC charade on Rivers State Government. This is the second time this same charade is coming up. The first was before the Rivers Legislative Rerun Elections in 2016 when the APC federal government thought it would use blackmail, fraud and electoral criminality to acquire majority at the Rivers State House of Assembly to impeach Governor Wike.
EFCC was used in 2016 by the APC federal government to circulate these items of the unfortunate campaign of witch-hunt through selected newspapers especially Vanguard, Punch and Nation. That tranche of media war failed and Rivers people voted PDP, defended their votes with Governor Wike fully entrenched in line with the will of the people.
The regrettable aspect of this media war is that the EFCC knowing the position of the law as contained in the 2007 Judgment against the commission, embarks on deliberate illegality.
This is why the EFCC pays media organisations to publish unsigned statements that negate the ethics of journalism. This illegal form of journalism has been entrenched by the APC’s EFCC since 2015 because the APC Federal Government hates the rule of law.
The 2007 injunction obtained by the Rivers State Government was clear about the restrictions on the EFCC.
The 2007 Judgement stated: “An order of injunction restraining the 1st defendant (EFCC) by itself or by its servants or agents or in any manner however from disseminating, publishing or circulating to any government, government agency, the news media, or members of the public or in any manner at all, purported findings in respect of any investigation or inquiry into the appropriation, disbursing, administering or management of the funds of Rivers State or putting the said report or finding to any use whatsoever is hereby made.”
It was because of the above that no official of EFCC signed or owned the statement where unfortunate false allegations were made against the Rivers State Government. A federal government agency that deliberately contravenes for political reasons cannot be relied upon to fight corruption.
On the powers of EFCC to look into the books of the Rivers State Government, Justice I. Buba in the March 20, 2007 judgment had this to say: “I declare that under the constitution of the Federal Republic of Nigeria 1999, the 1st defendant (EFCC) is not entitled to share in the power of the House of Assembly for Rivers State, vested on it by virtue of section 188 of the Constitution of the Federal Republic of Nigeria 1999 and accordingly is not entitled to coerce, induce, intimidate or in any manner whatsoever influence the House of Assembly for Rivers State into removing or causing to be removed, or into taking any steps whatsoever towards removing the Governor of Rivers State or the Deputy Governor of Rivers State from office.”
It is on the strength of this judgment that Rivers State Governor, Nyesom Ezenwo Wike stated that the EFCC lacks the power to investigate Rivers State Government. It has no power to investigate any state of the federal republic for that matter. Governor Wike noted: “We are not afraid of their probe and they have no power to probe us. No government official will appear before the EFCC until they set aside the court judgment of Rivers State Government against them in 2007. We cannot be intimidated.
“They filed for leave to appeal the judgment at the Court of Appeal. Until they set aside the judgment, we will not come. We are aware of their tricks. They should not bother engaging in media trial because it will not work. This is mere political witch-hunt.
“They must obey the law. We have filed another action against the EFCC. Because they have been served, they are telling the press that they have started investigating Rivers State Government. This media war by the EFCC will not work. We stand on the rule of law”.
Hon. Justice I. N. Buba in his 2007 judgment against EFCC harped on the principles of Separation of Powers thus:
“This case reminds me of what I read on separation of powers that: the small depiction in the Bible; That there are 66 books in the Bible and 66 Chapters in Isaiah; They are clearly divided into sections, Chapters 1 -39 (They are 39 books in the old testament and chapters 40- 66 (They are 27 books in the new testament). The theme also corresponds with the 1st set of chapters addressing law and government of God and the second group covering grace and salvation of God.”
It must be stated quite clearly that the EFCC is an institution that derives her powers from the National Assembly. The National Assembly legislates for the good governance of the federal government. It considers the budgets of the federal government, while the state assemblies performs similar functions for the respective state governments.
It is on this premise that several Acts of the National Assembly have to be domesticated by state assemblies to be effective. Many state assemblies are yet to domesticate the Child Rights Act passed by the National Assembly, hence the ineffectiveness of the Act. The National Assembly Act setting up the EFCC cannot be any different.
Under the present sharing FAAC formula, about 52.68 per cent is allocated to the federal government from the Federation Account, 26.70 per cent to the 36 states and 20.60 per cent to the 776 local government areas.
The federal government takes the lion share, thereafter through the EFCC tries to micro-manage the 26.70percent that accrue to the states. The EFCC has never stampeded the federal government on her expenditures. It has no such control.
Several petitions have been written against the agencies under the presidency and federal Ministries over the years, EFCC has never been courageous to question their finances and expenses. The reason is obvious, the EFCC is not on ground to fight corruption, but to hold opposing governors hostage.
On what basis is the EFCC interested in the withdrawals of another tier of government. Should governors now write to the EFCC chairman to obtain permission of the type of withdrawals to make before embarking on selected projects and programmes?
Is it in line with extant laws for the federal government to attempt to manage the expenditures and operations of other tiers of government through proxy, in this case, the EFCC?
The United States Department of States recently released a damning report on the level of corruption in Nigeria. It even berated the federal government for the cosmetic anti-corruption war. The U.S State Department in a 48-page report posted on its website categorically stated that impunity remained widespread at all levels of government in Nigeria, further noting that the Buhari-led administration lacked transparency.
According to the US report, “Massive, widespread, and pervasive corruption affected all levels of government and the security services.”
Due to the high level of corruption at the federal government level over the last three years, the country’s debt profile has crippled the economy.
The Guardian, in an Editorial of 27/08/18, stated “According to the Debt Management Office (DMO), Nigeria’s total debt has increased by about 90% in almost three years from about N12.6 trillion in December 2015 to about N22.71 trillion as at March 2018. The DMO figure indicates that total public debt prior to the 2018 budget stood at about N21.17 trillion.
“With the N1.95 trillion budget deficit of the 2018 budget and the $475 million loan agreement recently signed with the French government, following the recent visit of the French President, Emmanuel Macron, total debt will stand at about N23.645 trillion with debt service likely to increase beyond the N2 trillion provision in the budget. “
The DMO is an agency of the federal government. So is the DSS that indicted the EFCC for corruption. Nothing has been done to check corruption at the federal Level.
It for this reason that the APC Federal Government has no single project it initiated and completed in three years. Instead it basks in the projects of President Jonathan in the rail, aviation and transport sectors. With over N30trilion expended and several loans obtained, the APC Federal Government has nothing to show for her three years in Government.
Under this failed APC Federal Government, national resources are withdrawn and handed over to APC officials to buy votes. It happened in Ondo, Ekiti, Rivers and the recent bye-elections across the country.
Security Agencies escorted funds in bullion vans in broad daylight for vote-buying. Because these acts of criminality favoured the APC, EFCC was never directed to harass anyone.
But the APC Federal Government prefers to question the withdrawals of the most vibrant state in terms of developmental projects. This is a country that has states like Kogi, Kaduna, Katsina, Bauchi, Edo, Yobe, Borno, Adamawa, Plateau, Kebbi, Zamfara, Osun and Ondo where governance have gone on exile and their governors are perpetually in Abuja to caress the ego of a non-performing Presidency.
For the purpose of emphasis, the APC Federal Government through the EFCC cannot assume the position of the Rivers State House of Assembly. It should focus her attention on the 52.68 percent of the country’s monthly revenue that accrues to the Federal Government.
Nwakaudu is Special Assistant to Rivers State Governor on Electronic Media.
Simeon Nwakaudu
This is an open letter to the Minister of the Federal Capital Territory, Chief Nyesom Wike.
Your Excellency,
Sir, ordinarily, I would not be writing an open letter to you, but like a wise man once said, “Silence would be Treason.” So I prefer to stay alive than face the consequences of silence in the face of crime. With each passing day, and as the socio-political tides continue to turn, it has become more pertinent that more people speak up in a concerted MANNER to prevent the death of our party, the Peoples Democratic Party (PDP), as we appear to be, in the words of W. B. Yeats, “turning and turning in the widening gyre” heading for an end where the falcon will no longer hear the falconer
It is unfortunate that since losing control of the Federal Government, with the loss of President Goodluck Jonathan at the poll in 2015, our party, the Peoples Democratic Party (PDP), has continued on a downward spiral. It is much more painful, that where it is expected that leaders within the party should rise to the challenge and put an end to this decline of our great party, some have instead taken up roles as its undertaker.
It will be hypocritical to claim aloofness to what I believe is your grouse with the PDP and I am not a hypocrite. It will be uncharitable on my part to discountenance the role you have played in strengthening the PDP from 2015 up until the last Presidential primaries of the party. It is my belief that your grouse against certain members of the party who you perceived worked against the party and abandoned it in 2015 and then came around much later to take control of the party, is justified. Also know that your decision to remain in the Party and stifle its progress on the other hand, as a sort of payback, stands condemned. For a man of your pedigree and stature, it is a dishonorable act, highly dishonorable and stands as testimony against all you claim to stand for.
At least, it can be argued that those who you hold this grudge against, abandoned the party completely and did not sit back while actively working to destroy it from within. But what then can be the argument on your own part, seeing that those you are currently working with against your party are the same people who set in motion, and executed surgically, the plans that not only ended our Party’s leadership at the centre, but ended up dislodging the first Niger Deltan to occupy Aso Rock as Commander in Chief of the Armed Forces. Is this not akin to “cutting off one’s nose to spite one’s face?” That will be worse than folly. Let us not throw away the baby with the bath water because we do not like the soap used in bathing the baby. It will be a grave mistake.
Honourable Minister, sir, it is rather unfortunate that of all people, you have also decided to play the role of an undertaker not only for our party, but for our dear Rivers State.
I will like to take you down memory lane a little. Let me remind you of your emergence as Guber candidate of the PDP in Rivers State, against all fairness and justice in 2014. You will remember that despite the reality being that you as an Ikwerre man was poised to replace a fellow Ikwerre man in Governor Chibuike Rotimi Amaechi in our multiethnic state, Rivers people overwhelmingly stood by you and pushed for your emergence as Executive Governor of Rivers State in 2015. I dare say that your popularity in the entire Niger Delta region was at an all-time high at this point.
I want you to understand why you were loved across board leading to your eventual emergence as Governor of Rivers State in 2015; it was because when it looked like all were against the second term ambitions of the first Niger Delta man to emerge as President of Nigeria, you became not just a pillar but a beacon of resistance by standing for Goodluck Jonathan. Rivers people, as grateful and rewarding as they can be, paid you back by ensuring your electoral victory against the incumbent All Progressives Congress (APC) led by your predecessor. On your emergence, where there were second term Governors in the region, you, a first term Governor, was seen by the people as not just the leader of the PDP, but the leader of the entire Niger Delta region. You earned it, and no one could dispute it.
In 2019, when your re-election bid was being challenged ferociously, Rivers people once again stood solidly behind you. Many were killed in the process of defending your votes. Do you remember Dr. Ferry Gberegbe that was shot and killed while trying to protect your votes in Khana Local Government Area? There are many more unnamed and unrecognised sons and daughters of Rivers State who sacrificed their lives so that you could emerge as a second term Governor of Rivers State.
In 2022/23, Honourable Minister, you oversaw a party primary across board that saw some candidates imprisoned and internal party democracy jettisoned for your wishes, leading to the emergence of flag bearers of our party all singlehandedly picked by you. You have on more than one occasion publicly stated that you paid for all their forms. Even those shortchanged in this process licked their wounds and continued to play their roles as party members to ensure the success of the party at all levels. In what will go down as one of the most keenly contested elections in recent Rivers history, with formidable candidates like Senator Magnus Abe of the Social Democratic Party (SDP), Mr Tonye Cole of the All Progressives Congress (APC), and the vibrant youth driven Labour Party (LP), PDP emerged victorious across board except for Phalga Constituency 1 that was lost to the Labour Party. (Not that you did not loose in some other LGA’s but let’s stick to the official figures declared by INEC).
It begs the question, why then do you want to burn down Rivers State, when everyone who now holds political office emerged through a process designed and endorsed by you? Is it that you do not care about Rivers people and you are all about yourself? If so, I am forced to believe that those around you are not telling you the truth. The truth being that in a state where your words were law; where houses and businesses could be demolished or closed down without any recourse to legalities, where Executive Orders could be deployed to stifle the opposition, that your popularity is now at an all-time low. Probably because they are afraid of you, or of losing the benefits they gain from you, they fail to tell you that what you might perceive as a battle against your successor, has slowly but gradually degenerating into a battle against Rivers State and Rivers people. You know, there is a popular saying that, a man can cook for the community and the community will finish the food, but when a community decides to cook for one man, the reverse is the case.
LEAVE FUBARA ALONE
You have gone on and on about being betrayed by Governor Siminalayi Fubara. You point fingers forgetting that some of those same fingers quick to spot betrayals point straight back at you. It is not Governor Fubara that has betrayed the PDP by working against it in the just concluded General Election, and working with the opposition at the State and Federal level to destabilise the party. It is you, Honourable Minister. It is not Governor Fubara that betrayed Rivers people by instigating a political crisis with propensity to escalate ethnic tensions in Rivers State. It is you Honourable Minister. It is not Governor Fubara that has declared himself God over all in Rivers State and has no qualms with burning the state to the ground to prove a point. It is you Honourable Minister. It is you Honourable Minister who told the world that the APC was a cancer and you can never support a cancerous party. It is you Honourable Minister who ended up facilitating the emergence of the same “cancerous” APC that has accelerated the economic decline of this country and further impoverished our people with no remorse. All so you can be a Minister of the Federal Capital Territory? The lack of self awareness is gobsmacking.
Some days back I came across a video where you talked about death and how you do not cry when you hear about the death of some people because you have no idea what might have caused it considering many a politician swear “over dead bodies” and still go back on their words. Those words made me think, and I could see the reason behind them. You see, in chosing to be God in the affairs of Rivers people, you have closed your eyes and ears to reason; you see nothing and hear nothing that can cause you to rethink on the path you have chosen. In your quest to “show Fubara” you have unwittingly united a vast majority of Rivers people behind him, so much that even those who despised him because of you, now like or love him, because of you too. In your scheming, I will advise you not to forget that “the voice of the people is the voice of God”.
Note that the war which you have or are waging against Governor Fubara, has gone beyond being merely political as you might see in your minds eye. It is now one that, fortunately for some and unfortunately for others, has evolved into a war against Rivers people. It is good to point out that no one has taken a stand against Rivers people and won. No one has gone against God and won. In your defiant characteristic manner, it will be unfortunate if you believe your own hubris and that of those around you on the possibility of you being the first to successfully go against Rivers people. It will be a needless gamble; one where if you win you create more enemies for yourself than you can withstand on your political journey, and if you lose, your legacy becomes an inglorious and irredeemable one in Rivers State, the Niger Delta, and Nigeria at large. For your sake as regards posterity, it is my greatest wish that you have a moment of sobriety and a deep reflection and introspection on this path you have chosen.
Honourable Minister, sir, what is left of your legacy is on the brink of being completely desecrated and relegated to the dustbin of our political history, and it will be a sad end to what I will say has been a wonderful political career that many can only dream of. The ball is in your court, and may God Almighty have mercy on us all and forgive us for our shortcomings.
Gabriel Baritulem Pidomson
Dr Pidomson is former Chief of Staff, Government House, Port Harcourt and former member, Rivers State House of Assembly.
In 2015, I made a conscious decision to invest my financial resources, my time, and energy into supporting Nyesom Wike’s gubernatorial campaign. I poured my heart and soul into ensuring Nyesom Wike emerged victorious even at the risk of my personal safety.
Again in 2019, I doubled down on my commitment. I invested a significant amount of money to procure campaign outfits for all twenty-three Local Governments Areas of Rivers State. I spared no expense in supplementing Wike’s election efforts in my own local government, and once again putting myself at great risk to safeguard the fairness and transparency of the electoral process.
However, despite my unwavering loyalty and sacrifices, I found myself abandoned and forgotten by Wike. Throughout his eight-year tenure, he failed to acknowledge my contributions or fulfill his promises and agreements. Even as a former Deputy Governor, Wike denied me my severance benefit.
My investment in Wike’s governorship was not just financial – it was a commitment of passion, dedication, and belief in a better future for Rivers State. Yet, his leadership style of dishonesty, greed, drunkenness and rash abuse of senior citizens brought me nothing but disappointment, misery and losses.
By the grace of God, today I speak not as a victim, but as a hero. I have accepted my losses, and I have moved on. And as I reflect on my experience, I cannot help but urge Wike to do the same and allow peace and development to reign in Rivers State.
Nyesom Wike, when you speak of investing in Governor Sim Fubara’s election, remember those like me who also invested in you. Remember the sacrifices I made, the risks I took, and the promises and agreements you left unfulfilled.
It is time for you, Wike, to let go of the past and allow Governor Sim Fubara the breathing space he needs to lead Rivers State forward. Allow him to focus on the challenges of good governance and the aspirations of the people. Spare him these unwarranted and ill-conceived political manoeuvrings founded on personal agenda and not for general good of Rivers State and her people.
I may have lost my investment on Wike, but I have not lost hope in the future of Rivers State. And together, we will continue to strive for a brighter tomorrow.
Long Live the Governor to Rivers State, Sir Siminialayi Fubara!
Long Live the Good People of Rivers State!!
Long Live the Federal Republic of Nigeria!!!
Engr Ikuru is former Deputy Governor of Rivers State.
Tele Ikuru
