By Mike A. A. Ozekhome, SAN
INTRODUCTION
Last week, I wrote on the above topic. I recalled earlier writes-up as to how to re-engineer and re-invent the wheel of the fight against corruption, rather than the gallery play we saw all through the tenure of Magu. These are reminiscences of writes-up I made as far back as 2017 (almost two and a half years ago). On 23rd April, 2017, I wrote in the Sunday Telegraph, recalling my letter dated 31st May, 2017, to the then Acting President, Professor Yemi Osibanjo, SAN(when his boss, President Muhammadu Buhari was indisposed in a London hospital). I was particularly concerned about the relooting of recovered loots, a much more dangerous form of corruption than the first looting. In the said letter (see: https://www.newtelegraphng.com/much-loot-government-recovered-kept-2/), I had said, inter alia, as follows:
“QUESTIONS, QUESTIONS, QUESTIONS
“Are the serial “discoveries” by EFCC of abandoned and orphaned monies in shops, airports, plazas, high brow apartments, forests, cemeteries, etc, not simply a case of Professor Peller’s abracadabra magic of “the more you look, the less you see”? Do these constitute grand attempts by government to cover up its own indicted officials, thus “fighting” their corruption with sweet smelling Sasarobia perfume, whilst fighting opposition, critical voices and other Nigerians’ alleged “corruption” with pesticides, herbicides and insecticides? Is this not a classical case of double standards, massive covers-up, and grand deception of Nigerians? Do we now have two sets of laws, one separate for members of the ruling party, and another for the opposition, critical voices and other Nigerians? Are Nigerians not already pained and humiliated enough with deaths, hunger, degradation, marginalization, disrespect, humiliation, poor infrastructures, poverty, penury, intimidation, haplessness and disillusionment, to have this constant circus foisted on them?”
ON MAGU’S SECOND REJECTION BY THE SENATE
Regarding Magu’s second rejection by the Senate which had relied on DSS’ damning report that Magu had “failed the integrity test”, I had argued that going by Section 2 (1) and 2(3) of the EFCC (Establishment) Act, he could no longer stay in office as EFCC Chairman, having equally lost his “acting” capacity. This was how I put it in my press release of 15th March, 2017 (almost two and a half years ago), titled, “ the legal and moral issues of the second and final rejection of confirmation of Magu as EFCC Chairman” (https://www.nigerianbulletin.com/threads/senate-rejection-it-is-over-for-ibrahim-magu-mike-ozekhome-san.235140/):
“The role of the number one anti-Corruption Czar should be more. It should also embody the finest and most edifying virtues of nobility in terms of observance of citizens’ fundamental rights and the all-important rule of law concept. The anti- corruption war has so far been fought without a human face, in the most crude, most bizarre, most discriminatory and most degrading manner that diminishes the humanity and respectability of Nigerians and brings us back into the Hobesian state of nature where life was short, nasty and brutish. The anti-corruption fight has been fought in the most opaque, selective, bestial and humiliating manner, devoid of any scintilla or modicum of decency and respect for our collective and individual civil liberties and freedoms. It has all but reduced Nigeria to a one Party state, with everyone decamping to APC, because once you do that, you are immediately and automatically protected from the inquisition of EFCC and like Naaman the leper who was dipped into River Jordan seven times and became cleansed of his leprosy, such a decampee is cleansed of his political leprosy and antecedental criminality. EFCC has been acting outside of and above the Law, contrary to its motto, using the most detestable, unorthodox, arm-twisting and extra- legal tactics to intimidate, humiliate and bamboozle hapless opponents, critics of Government, opposition elements and critical voices of reason and dissension. It should never be as bad as this.
Buhari can no longer represent Mangu’s name again, because of the serious moral burden, ethical challenges and legal impediments thus imposed on him with this second definitive rejection, this time after a full screening. Representing his name will raise more questions than answers as to why the insistence on One man. This is unlike the first instance when Senate merely turned him down without any screening. That it was done shortly after the celebrated arrival of President Buhari from his medical vacation makes it more interesting and more significant as it underlines the independence of the Legislature, the Senate. It is high time for PMB to look for another competent Nigerian out of about 180 million people in population. After all, there was once a Nuhu Ribadu, a Mrs Waziri and a Mr Ibrahim Lamorde. Like the cliché goes, soldiers go, soldiers come, Barracks remain.” Of course, as usual, my lone voice crying in the wilderness was ignored.
MY OTHER INTERVENTIONS
Before the above, I had expressed these same concerns and more to Magu (to his face), at seminars organized by the EFCC and Magu himself (to which he graciously invited me). One of such took place on August 19, 2017, at the EFCC Training Centre, at Karu, Abuja (see: http://police.com.ng/index.php/financial-crimes/4675-economic-and-financial-crimes-commission-efcc-war-magu-charges-african-states-on-effective-collaboration). I also had another encounter with him at the Federal High Court, Abuja, during the valedictory service of the former Chief Judge of Federal High Court, Justice Ibrahim Auta, (https://www.vanguardngr.com/2017/12/anti-graft-war-magu-ozekhome-clash-fhc-end-year-event/). This was on 19th December, 2017. In his very presence – before his face – “korokoro eyes”, “anya-anya”. My patriotic calls were not heeded.
THE CHANGING TIMES
In these changing times, the mammy wagon apophthegym, “No condition is permanent”, came to the fore. Magu, the detainer, was himself detained for a mere 10 days, when he appeared before the Presidential Panel currently scrutinizing his tenure. Some said he was sleeping at a preferred nearby mosque. Senator Shehu said he was denied this luxury. How would Magu have felt, if the presidential panel had rushed to obtain a magistrate court order to detain him for 2 weeks in the first instance, in EFCC’s cold dungeon and on the bare floor? As he did serially? And then such detention was quickly renewed for another 2 weeks, on effluxion of the first 2 weeks (as he frequently did)? This, notwithstanding the clear provisions of section 35 (3) of the 1999 Constitution, which permits only 24 hours of detention? How would Magu have felt if he was manacled and shackled, hands and feet, and paraded like a common criminal before the panel, as he was want to do to his many victims? As he did to Olisa Metuh? Metuh and Dino Melaye were even dragged to court, not only in shackles, but also on hospital beds: At a time, the Police even chained Dino, a serving Senator, to his hospital bed. Some Nigerians ululated in joy. After all, corruption was being fought. Magu, through his lawyers, had specifically complained about media trial, and asked the Inspector General of Police for bail on “self-recognition”, or with “a credible surety”. Oh really? So, these are achievable after all? But, Magu never allowed his victims such luxuries. I had clients who voluntarily reported to the EFCC, such as High Chief Raymond Aleogho Dokpesi, former Ekiti State Governor, Ayodele Fayose, former Plateau State Governor, Senator Jonah Jang, former Attorney General, Mr Mohammed Bello Adoke, SAN, Senator Dino Melaye, Femi Fani-Kayode, Senator Shehu Sani, Atiku Abubakar’s son-in-law, Abdullahi Babalele, Barrister Sylvanus Okpetu, Deji Adeyanju, etc. Yet, these mere suspects were immediately hauled into the damp, dingy dungeon of the EFCC and held thereafter for months, by Magu and his EFCC.
NOW THIS
MORE IMPUNITY
These suspects were all denied administrative bail by cold-blooded and vindictive EFCC personnel, until I valiantly fought for their bail and got them released through the court process. Ex-National Security Adviser, Col Sambo Dasuki, was not so lucky. For nearly five years, he was kept by the EFCC in their gulag, even after 5 courts (including the sub-regional ECOWAS Court), had granted him bail. Till date, leader and cleric of Sh’ia Muslims, Yakubu El Zakzaky, remains in prison since 2015, in spite of orders by several courts to release him on bail. Specifically, on 2nd December, 2016, and 5th August, 2019, the Kaduna State High Court ordered the release on bail, of El Zakzaki and his wife, Zeenatu. Till date, the DSS still holds them in their dungeon. (see: https://www.premiumtimesng.com). What manner of Government is this?
Mr Godswill Orube (former President Goodluck Jonathan’s Minister of Niger Delta Affairs), had been docked and humiliated, for allegedly stealing N1.965 billion. He was later discharged and acquitted by Justice Olukayode Adeniyi of the FCT High Court, upon withdrawal of the charge by the prosecutor, when the Attorney-General of the Federation, Abubakar Malami, SAN, discovered that the N1.9billion was not stolen, but sitting pretty idle and unused in the CBN vaults. But the damage of media trial had been done. No apology came. (see https://punchng.com). Former NIMASA Director-General, Ziakedi Akpobolokemi, was brutally and viciously dragged on the floor by EFCC operatives on 14th December, 2015, even after he had been released on bail by the trial Judge, Justice Saliu Saidu (https://www.thenicheng.com). And guess what? Akpobolokemi was later discharged and acquitted by the Court of Appeal, on June 1, 2018 (see: https://punchng.com/breaking). What restitution did EFCC give Akpobolokemi for the trauma, indignity, humiliation, agony, deprivation, torture, over the years? None?
AND THIS
Dr Bukola Saraki headed the 8th National Assembly as President of the Senate. He was charged before the CCT. On June 14, 2017, Mr Danladi Umar – led CCT discharged and acquitted Saraki of the entire 18 count charge. The Supreme Court was later to uphold this on July 6, 2018, when it upheld the CCT’s judgment. (https://www.vanguardngr.com). The EFCC lost this case woefully. But, it never apologized to Saraki. Even as the number 3 citizen of Nigeria, he had been messed up for over 3 years. Reason? The EFCC was used by the APC government who saw Saraki as an opposition element, having emerged as Senate President against the wish of President Buhari, Asiwaju Tinubu and his other APC leaders (see https://www.vanguardngr.com). Guess what? The EFCC was later to move against Danladi Umar, exhuming a false allegation of bribery, over which the same EFCC and the Attorney-General of the Federation had earlier completely exonerated Umar. So much for double standards! (To be continued).
THOUGHT FOR THE WEEK
“Corruption is the enemy of development, and of good governance. It must be got rid of. Both the government and the people at large must come together to achieve this national objective.” (Pratibha Patil).
LAST LINE
Fellow Nigerians, come along with me every week, to put our heads together on how to make Nigeria a better place. This, always on “The Nigerian Project”, by Chief Mike A. A. Ozekhome, SAN, OFR, FCIArb., Ph.D, LL.D.
