Politics
EFCC And 2011 Polls
Recently, the Economic and Financial Crimes Commission (EFCC) had submitted an advisory list containing names of prominent politicians, former and serving public officers, alleged to have one case or another pending before various courts in the country.
The list contained at least 100 names with 40 prominent politicians whom the commission said should be barred from running for elective offices in the forthcoming 2011 elections.
The EFCC’s intention as speculated, may not be unconnected with a purported pre-emptive measure to stop or dashing the hope of some politicians with ambition to contest election in 2011.
The list had generated furore and negative reactions from prominent citizens in the country. Some believed that EFCC has become political tool in the hands of privileged government officials as instrument of intimidation against perceived political opponents.
The Chief of Staff to the Rivers State Government House, Hon. Nyesom Wike, whose name was conspicuously mentioned said: “it is a political vendetta.
Some citizens also saw the EFCC are institution and instrument poised to witch hunt perceived political opponents that refused to tow their political ideology.
This no doubt was said to be the ugly face of the commission under the erstwhile chairman, Mallam Nuhu Ribadu.
The them EFCC chairman, Mallam Nuhu Ribadu’s similar advisory list caused serious political uproar prior to the 2007 general elections.
The dust generated a number of controversial tendencies with the disqualification of the PDP governorship candidate in Rivers State now incumbent Governor, Rt Hon. Rotimi Chibuike Amaechi, Chief Peter Okocha, Action Congress of Nigeria (ACN) governorship candidate in Delta State and former vice president, Alhaji Abubakar Atiku, among others.
With determination and courage, they fought their cases to the Supreme Court where the Supreme Court judgments gave them victory at the end of the day.
However, the questions agitating the minds of concerned Nigerians are whether the EFCC has such powers to stop any politician from contesting the forthcoming election based on the advisory list?
Will the 64 registered political parties in Nigeria accept the advisory list to act upon it thereof?
Is EFCC now usurping the constitutional functions of the law courts as to stop candidates without any conviction by the court?
However, perusing the law setting up the anti graft agency, the Economic and Financial Crimes Commission (Establishment Act 2004), the EFCC was charged with among others functions, the duties of investigation of all financial crimes including advance fee fraud, money laundering, counterfeiting, illegal charge transfers, future market fraud, fraudulent encashment of negotiable instruments, computer credit card fraud, contract scam etc.
Also, the EFCC shall adopt any measures to identify, trace, freeze, confiscate or seize proceeds derived from terrorist activities, economic and financial crimes related offences or the properties, the value of which corresponds to such proceeds.
Again, EFCC has such function of the examination and investigation of all reported cases of economic and financial crimes with a view to identifying individuals, corporate bodies or groups. From the legal perspective therefore, EFCC was not charged with the responsibility of stopping any candidate from contesting elections or to compile any advisory list to the political parties.
A prominent legal practitioner based in Port Harcourt, Barr. Awanen Jas, said the EFCC lacked the power to advise political parties on whom they should endorse for elections.
The legal luminary added that until a person is convicted by a law court, nobody has the right to stop a person from standing for election.
“EFCC has no powers under the law establishing the anti-graft agency to stop any aspirant”, he declares.
Also speaking to The Tide, an Attorney at law of the OLORI EGBE & Co Port Harcourt law office, Olubisi Mikail Afolabi, Esq, said the political parties should disregard the EFCC’s advisory list as the agency cannot constitute itself unto a court of law to stop any candidate vying for elective position.
Mikail Afolabi added that it is only court of law of competent jurisdiction having found any politician guilty of corruption and upon conviction can such politician be stopped from contesting election and not mere EFCC’s advisory list.
Also speaking to The Tide exclusively, in Port Harcourt, the Chief of staff to the Rivers State Governor and former chairman, Obio/Akpor local government area, Chief Ezebunwo Nyesom Wike, whose name was among the names on the EFCC advisory list faulted the inclusion of his name by the anti-graft agency in the advisory list to the political parties, said that he has no case to answer before the anti-graft agency.
He stated that EFCC should not be a political tool to be used to witch- hunt politicians with integrity and willingness to serve their constituency.
Chief Wike added that EFCC wrongly included his name in the advisory list of politicians having cases pending against them in court.
The Chief of Staff emphasised that the case between him and the EFCC which started in 2008, originating from his arraignment by the EFCC before Abuja High Court and then to the Court of Appeal Abuja, presided over by His Lordship Justice Ayobode Olokulo-Sodipe, where the Appeal Court ruled in his favour by quashing such criminal case against him.
He further explained that from March 2009, when the Court of Appeal discharged and acquitted him of any wrong doing, the EFCC has not appealed against that judgment or any case against him to warrant his name being listed by the commission.
However, a Senior Lecturer at the University of Port Harcourt, Dr Ishmael Guorima, had a contrary opinion. He said the EFCC’s advisory list is timely to the political parties to be careful with certain candidate being considered to be fielded for elective position.
The senior lecturer said the EFCC’s advisory list is a welcome development and a clear departure of the modus operadi of EFCC under Malam Nuhu Ribadu.
He said the list to the political parties is to advise the parties that, “please they should look before they leap in fielding candidates”.
However, the various political parties have the discretionary power to field any candidate they consider as their choice, if such a candidate wins the primaries of the parties.
It is the consensus opinion that EFCC should be guided by law in its operations to avoid being used as political tool thereby defeat the noble objective of its primary responsibilities of fighting corruption.
Philip-Wuwu Okparaji
The Tide source reports that Prof. Akinoso was elected alongside 38 other executive members of the party at the congress held on Saturday.
Other executive members are Dr Abiola Olaonipekun, who emerged as Secretary, Alhaja Latifah Latifu, Women Leader and Mr A. Adeleke, elected as Youth Leader.
It was learnt that the congress, which took place at the Obafemi Awolowo Stadium, Oke Ado in Ibadan, was attended by representatives of the Independent National Electoral Commission (INEC), the Police, other security agencies and prominent members of the party.
The election was supervised by electoral committee members, among whom were Prince Diran Odeyemi, who served as Chairman, Hon. Awoniyi Tolulope, Mr Babatunde Gbadamosi, Queen Stepheine Oyechere, Alhaji Yusuf Abidakun, Mr Olumide Aguda and Dr Phillips Adeniyi, who served as Secretary.
Prof. Akinoso, in his inaugural address, urged members of the party to set aside intra-party differences.
He advised them to concentrate their resources on the promotion of the party, saying, “The primary responsibilities of party executive members are to coordinate party activities, ensure harmony among members, and ensure party victory during general elections.
“Our immediate assignments are to key into INEC released 2027 general election time-tables. As directed by the National Caretaker Committee of PDP, our party e-membership registration starts next week. We must be fully involved and do a membership drive.
“A political party is only relevant and benefits its members if it wins the election. This is our goal. We should set aside intra-party differences; concentrate our resources towards the promotion of the party. We will make necessary consultations and dialogue to actualise this”.
President Tinubu disclosed this during an interfaith breaking of fast with senior journalists and media executives at the Presidential Villa in Abuja on Saturday.
He also disclosed that his administration had opened up on the principles of true federalism to the extent that local governments now get direct allocation from the Federal Government.
“There’s no morning that I ever leave my house without going through the newspapers. It’s an addiction. I read all of you.
“It might not be in full detail, but headline, the one that would hit me and the ones that won’t.
“At the beginning of this administration, I was just a little bit stubborn, looking at opportunities to correct things and make life more easier for the downtrodden.
“We’ve opened up the principle of federalism to the extent that local governments are now getting their money, but how they use it is in your hands. So, don’t bombard me alone,” President Tinubu said.
The ruling party said the ADC had turned criticism of the APC-led administration into its operating manifesto instead of presenting concrete solutions to Nigeria’s economic challenges.
In a statement issued on Saturday by the APC National Publicity Secretary, Mr Felix Morka, the party dismissed the ADC’s interpretation of a report presented at a policy dialogue organised by Agora Policy which suggested that the country’s poverty rate had risen from 49 per cent to 63 per cent.
Mr Morka said the opposition party’s reaction to the report as a “damning verdict” on the government’s economic policies reflected either ignorance of economic realities or deliberate political mischief.
“The African Democratic Congress’ attempt to spin a recent report presented at the Agora Policy dialogue indicating a rise of poverty rate of 63 per cent from 49 per cent as a damning verdict on this administration’s economic policies speaks either to its shocking ignorance of economic policy or its wilful blindness to the justification for, and transformative impacts of, ongoing economic reforms,” he said.
The APC spokesman noted that the report itself recognised the necessity of reforms aimed at correcting long-standing structural distortions in the economy.
According to him, the ADC had failed to present any credible alternative policy direction for Nigerians.
“Clearly, the ADC does not recognise itself as a political party. The ADC has not articulated a single alternative policy position or prescription of benefit to Nigerians. Condemning the APC and its policies has become its operating manifesto,” Mr Morka said.
He explained that major economic decisions taken by President Bola Tinubu, including the removal of fuel subsidy and the unification of multiple foreign exchange windows, were necessary steps to rescue the country’s economy from collapse.
Mr Morka said the subsidy regime had for years placed a heavy burden on public finances, consuming trillions of naira annually while encouraging corruption, fuel smuggling and inefficiencies in the system.
He added that the reforms had helped redirect national resources to key sectors such as infrastructure, healthcare, education and social development.
The APC spokesman acknowledged that economic reforms often come with short-term hardship but stressed that the measures were essential to build a stronger and more resilient economy.
“Economic reform is never cost-free anywhere in the world. The transient hardship experienced by Nigerians was an inevitable cost of reforms meant to build and guarantee a better future for all Nigerians,” he said.
Mr Morka maintained that the country’s economic outlook was already improving, citing recent growth figures and stronger external reserves.
“Our economy has rebounded and is expanding steadily. The country’s Gross Domestic Product grew by 4.4 per cent last year and is projected to expand by 5.5 per cent this fiscal year, with foreign reserves now exceeding $50 billion,” he stated.
He also pointed to government initiatives designed to cushion the effects of economic adjustments on citizens, including cash transfer programmes, student loan schemes and the rollout of compressed natural gas (CNG) initiatives to reduce transportation costs.
Mr Morka reaffirmed that the APC-led administration would remain focused on rebuilding the economy and expanding social investments to support vulnerable Nigerians.
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