Opinion
Is Receiving A Gift Crime In Nigeria?
On Tuesday February 23,
2016, as a law abiding citizen, Prince Uche Secondus, Deputy National Chairman, Peoples Democratic Party (PDP), respectfully honoured an invitation by the Economic and Financial Crime Commission (EFCC) in Abuja.
At the EFCC, he was confronted with the allegation of receiving vehicles from one Mr.Jide Omokore of Atlantic Energy Ltd. On the strength of this allegation, the EFCCdetained Prince Secondus for eight days, more than the constitutionally required two days or 48 hours without trial in a court of competent jurisdiction.
If one may ask, if a private businessman who is not under investigation at the time gives one a gift, how is that an economic crime against the state?
What is even more worrisome, while in custody after asking Prince Secondus to fulfill very stringent bail conditions which he duly complied, the EFCC refused to either grant him administrative bail immediately or charge him to court of competent jurisdiction as the law requires, but instead kept him in detention for eight days.
This action of the EFCC amounted to a flagrant abuse of Prince Secondus’s fundamental human rights as a citizen of the Federal Republic of Nigeria. If one may ask, what economic crime did Prince Secondus commit against the Nigerian state to warrant his arrest and detention for eight days without being charged to court by the EFCC, other than being a foremost member of the main opposition party, the PDP.
What is more, at the time he received the said vehicles, was Prince Secondus occupying a position in government? Similarly, did he receive the vehicles from a government official that his failure to declare and hand them in at the end of the last administration amounted to intent to defraud the state, hence his arrest and detention by the government anti-corruption agency?
Against the above backdrop, one views Prince Secondus’s arrest and incarceration for eight days on thrump-up allegations without trial in a court of competent jurisdiction as serious abuse of power by agents of the ruling party, which all well-meaning Nigerians must rise up and fight this descent to impunity.
On regaining freedom after eight gruesome days in EFCC dungeon, Prince Secondus issued a statement in which he described his ordeal as part of the grand plot by the ruling APC to eliminate and silence him and other leading members of the opposition with the aim of totally decimating the main opposition party, the PDP.
Indeed, if the evidence that the General Buhari’s administration is on vengeance and witchhunt mission of political opponents and members of the opposition as epitomized by Prince Secondus’s EFCC experienceis true, then the power Nigerians freely gave the APC on March 28, 2015 to steer the democratic ship of state from troubled waters is grossly being abused.
Besides, we learnt that the EFCC asked Prince Secondus to refund the sum of N310 million being the cost of the vehicles to the coffers of government. In asking for the monetisation of the vehicles to government, one may ask, were the vehicles in question collected on behalf of government for the EFCC to ask for their cash refund? Therefore, for the EFCC to ask for cash from Prince Secondus for vehicles he got as an independent man implies that there are lots more to his arrest and detention for eight days without being charged to court than the vehicles.
Therefore, one is compelled to believe that he, Prince Secondus was made to suffer because of political vendetta orchestrated by certain persons in the ruling party who are not comfortable with his political profile and antecedent in the past few months that he led the PDP as acting National Chairman to successive victories both in some re-run elections and judicial cases at the Supreme Court. Hence,there is every reason to believe that the APC led Federal Government moved by the need to decimate the PDP must have seen Prince Secondus as a political ‘iroko tree’ that must be cut down in order to successfully plot its way through the thick Nigeria’s political forest.
As the events of the past few months have shown, one is constrained to view the anti-corruption mantra of the ruling APC General Buhari’s administration as smoke screen to divert public attention from the obvious directionless and cluelessness in the management of the nation’s seriously doldrumatised economy. This explains the desperation to lump and haul the few remaining prominent actors of the opposition into jail and smear them with unfounded allegation of corruption.
If one may ask, when is receiving a car gift from a private business organization or an individual who prior to the time was not under any investigation an economic crime against the state to warrant the incarceration of private individuals in a democracy?
Can the APC, as Nigeria’s ‘moral political standard bearer’ tell Nigerians in all sincerity that none of its chieftains either in government today or in times past ever received any gift from individuals, corporate entities, and even government agencies? In case they think the people may have forgotten so soon, the memory of Rivers people is still very fresh on how the resources of the State were alleged to have been plundered and used to fund the party right from inception till its ascendency to the Villa. Has the eagle eye of the EFCC still not seen the billions of Rivers people money alleged to have been diverted to fund the APC at the expense of school fees and bursary allowances for state sponsored school children both overseas and local, and salaries of poor civil servants, health workers, teachers and other categories of public servants including pensioners that were not paid for many months prior to May 29, 2015.What has the anti-graft body done to help the state now in dire financial straits recover its looted resources?
Against the above backdrop, for the APC led government of General Buhari’s effort to rid the polity of corruption to be acclaimed a success, it must investigate and bring to book all those across the different political divide who used their privileged positions for partisan and self-aggrandizement. If this is not done, the current efforts at fighting corruption in which only members of the opposition PDP are being investigated, arrested and detained without trial will amount to selective justice and flagrant abuse of power.
If the EFCC feels that Prince Secondus has done anything that amounted to infringement against the law, he should have been charged to a court of competent jurisdiction within the stipulated constitutional required time of 48 hours from time of his arrest which by his detention for eight days government had violated. Anything short is unacceptable, undemocratic, unconstitutional and dictatorial, and an invitation to anarchy which all Nigerians irrespective of partisan affiliation must resist for the sake of our hard won democracy.
Nigerians must rise up against the rebirth of dictatorship and disregard for due process, whereby people are framed and bundled into prison on thrumped-up charges as was prevalent during the hay days of the military junta. As a people who value their hard earned political freedom and rule of law, Nigerians must resist any attempt by the APC led government of General Buhari to reincarnate the David-West treatment, who in 1986 as Petroleum Minister based on thrumped-up charges of receiving a gift of wristwatch and taking a cup of tea offered by the then Saudi Oil Minister was jailed six months by the military administration of General Ibrahim Babangida.
Da-Wariboko, a journalist, writes from Port Harcourt.
Biobele Da-Wariboko
Opinion
Humanity and Sun Worship

Opinion
When Global Peace Hangs In The East

Opinion
Balancing Religious Freedom and Community Rights

Quote:”Communities have rights to peace, safety, and quality of life. Noise pollution, crowds, or other impacts from religious activities can affect these rights. Balancing these interests requires consideration and dialogue”.