Issues

Setting Aside The Rule Of Law : The EFCC Tragedy

Published

6 years ago

August 29, 2018

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

Issues

Investing In Nyesom Wike: A Story Of Dedication, Sacrifice And Ultimate Loss

Published

2 weeks ago

April 10, 2024

The Tide

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

Issues

Is Okocha A Happy Man Being Perpetual Hireling?

Published

1 month ago

March 15, 2024

The Tide

The man Tony Okocha, the devastated tattered ragtag remnant Rivers APC factional, but Caretaker, Chairman, is known for being notoriously a hireling willing to play in the mud just for the pay or settlement. To Rt Hon Chibuike Rotimi Amaechi, he did against Chief Nyesom Wike. To Senator Magnus Abe, he did against Rotimi Amaechi. To Chief Nyesom Wike, he did against Magnus Abe. Having maintained such unbefitting character trait, it is not surprising to see him at his demeaned best showing off his tainted skill of grandstanding and loquaciously struggling fruitlessly almost every day to castigate the popular Rivers people’s Governor with very glaring false, bogus and unsubstantiated claims such as:
1. That Governor Fubara is wasting state fund in the name of thanksgiving across 23 Local Government Areas.
2. That Governor Fubara has withheld Local Government funds.
3. That Governor Fubara runs the government without input from the State Executive Council.
4. That nothing is happening in the State with respect to governance.
To the above false claims of Tony Okocha, every reasonable, right thinking and well-meaning Rivers person would effortlessly puncture all as rascality and mendacity taken too far.
Apart from the fact that Governor Siminalayi Fubara had said he is not sponsoring the massive SIMplified Movement Thanksgiving events across the Local Government Areas of the State being organised by elated Rivers people who feel liberated from an era of overbearing and suppressive form of leadership in the State, Tony Okocha should be asked to prove his false claim with indisputable facts and figures. Until then, let Tony Okocha respect himself and learn to keep quiet as an elderly person who is saddled with such a responsible position as Rivers State Representative in the Niger Delta Development Commission (NDDC) Board. A position that places a huge responsibility on him to ensure that the core objectives of the commission are actualised in the State, by not only ensuring that Rivers State gets its fair share of its dues in terms of projects, programmes and activities, but by synergising with the state government on development matters concerning the state vis-a-vis the responsibilities of NDDC to the State. In summary, the SIMplified Movement is all about a happy and joyful people of Rivers State who have decided to stand and stick together to defend and uphold their common heritage and patrimony. It is a voluntary venture, not sponsored by the government.
To his claim that the Governor has withheld Local Government funds, Mr Tony Okocha should also be asked to prove that with facts and figures and explain why the Governor would do such. More so, what is Tony Okocha’s business, assuming, but not conceding, that a PDP Governor withholds money against PDP-led 23 Local Government authorities? Did Local Government workers across the state complain to Okocha, the meddlesome hireling, an acclaimed APC Caretaker Committee Chairman in Rivers State?
On his ignorant and false claim that the Governor runs the government without input from the state exco, Okocha, the busybody wannabe should explain how he was employed or engaged as the spokesperson of members of the Rivers State Executive Council. He should also tell us his source of information to that effect, if it is not just a proof that he is making himself known as a perpetually irredeemable hireling notoriously good for playing the spoiler’s role.
On Mr Okocha’s assertion, probably, borne out of lack of more convincing lies, that nothing is happening in the State with respect to governance, is sure a proof that the man is only acting a bad and an unsellable script to justify the reward of expected gratifying filthy lucre, which is the compelling reason for condescending so low and evilly so. How else is governance measured, if not by executing meaningful and impactful projects, giving hope, inspiring and putting smiles on the faces of the people with joy of fulfilment in their hearts, both civil servants and everyone living and doing business in the State? Is Okocha blind to see and deaf to hear of the good works of the Governor Fubara led Rivers State Government? Civil servants are happy, teachers are highly elated. Several projects are ongoing. Investors are trooping in. The health sector, education, agriculture, sports have been highly boosted under Governor Fubara-led administration. To Okocha, there’s no governance in the State because patronage of free money is not getting to him from the Governor but from other sources that are likely against the Governor.
Let Tony Okocha weep more. Rivers State is breathing fresh air already and is liberated.
Let Tony Okocha tell us how he has, so far, as Rivers State Representative in the Niger Delta Development Commission (NDDC), clearly effected development in the State through the NDDC, and why he lied that there was Cholera outbreak with deaths recorded in Soku in Akuku-Toru Local Government Area with the intent of raking in about ¦ N5billion for non-existent mitigation programmes?

Odike is Special Assistant to Rivers State Governor on Social/New Media .

Bernard C. Idike

Issues

Day Asari-Toru Declared Massive Support For Fubara

Published

1 month ago

March 11, 2024

The Tide

Franklin Delano Roosevelt, commonly known as FDR, was an American statesman and politician who served as the 32nd President of the United States from 1933 until his death in 1945. He was a member of the Democratic Party and is the only United States President to have served more than two terms.
In one of his popular quotes, he said, “The creed of our democracy is that liberty is acquired and kept by men and women who are strong and self-reliant, and possessed of such wisdom as God gives mankind – men and women who are just, and understanding, and generous to others — men and women who are capable of disciplining themselves. For they are the rulers and they must rule themselves.”
This explains the recent gathering of creme la creme of Asari-Toru political gladiators converged at the inauguration of the Simplified Movement, ASALGA chapter to reiterate their unflinching support for the Rivers State Governor, His Excellency, Sir Siminalayi Fubara whose mantra revolves around liberation.
The event which took place at the Autograph in Port Harcourt on the 1st of March, 2024, to galvanise strong support for Governor Fubara attracted over 500 members of the Simplified Movement from the Asari-Toru Local Government Area of Rivers State.
The gathering of supporters of Governor Fubara’s government, under the umbrella of the Simplified Movement, the ASALGA chapter led by an astute politician, former member of the Federal House of Representatives and two- time member of the Rivers State Executive Council as Commissioner, Chief Hon. Paworiso Samuel Horsfall comprised both the old and young generation political helmsmen drawn from all the 13 Wards of the local government area.
The nerve-““““““wracking gathering had the likes of the 1999 democratic system pioneer Chairman of Asari-Toru Local Government Council and former two-time Special Adviser to ex-Governor Nyesom Wike, Hon. Opakirite Mackson Jackreece; former member of the House of Representatives, Hon. Adokiye Young-Harry; former member of the State House of Assembly, Hon. Daisy West and former Special Adviser to ex-Governor Nyesom Wike, Chief Hon. Iboroma Norman Wokoma.
Others were the incumbent Vice Chairman of Asari-Toru Local Government Council, Hon. (Mrs.) Tekena Wokoma; former Commissioner of the Rivers State Independent Electoral Commission, Hon. Dr. Hope Barango; the South-West Vice Chairman of the Peoples Democratic Party (PDP), Dr. Sule Amachree and the Secretary of the Local Government chapter of the Peoples Democratic Party (PDP), Hon. Cladious Princewill; former Chief of Staff of Council, Hon. Ajumogobia West and former Chairman of Peoples Democratic Party (PDP), ASALGA, Hon. Onari Awo Tariah.
Also present at the event were past caretaker committee chairmen of the Local Government Council including, Hon. Waite Harry, Hon. Dawari Hamilton Ibinabo, Hon. Wright Warmate and former Deputy Mayor of the Port Harcourt City Council, Hon. Adokiye Horsfall amongst others. My humble self belongs to the movement. The list is inexhaustible.
Speaking at the inauguration, the member representing Asari-Toru/Akuku-Toru Federal Constituency and leader of the Asari-Toru political family, Hon. Boma Goodhead assured the people of the commitment of the Rivers State Governor, Sir Siminalayi Fubara to extend visible dividends of democracy to the people of ASALGA.
The federal lawmaker who spoke through her representative, Dr. Sule Amachree, said Governor Fubara means well for Rivers people, particularly the people of ASALGA and urged them to remain calm, peaceful and resolute in their support to the administration of the State Governor.
“His Excellency, Sir Siminalayi Fubara is the Governor ordained by God to liberate Rivers people from the snares of poverty and oppression. He is God-sent to bring visible and even development to Rivers State and Asari-Toru people are on the top of that agenda of development,” she said.
Hon. Goodhead reiterated her confidence in the capacity of the leader of the Simplified Movement, ASALGA chapter, Chief Hon. Paworiso Samuel Horsfall to mobilise massive support and a huge source of encouragement for the Government of Sir Siminalayi Fubara to succeed.
“I urge you to continue to stand firm with our Governor. Be rest assured that His Excellency, Sir Siminalayi Fubara is a man of peace, focused and determined to deliver on the mandate given to him by the people of Rivers State. He will not fail you,” she said.
In his speech, the leader of the ASALGA chapter of the Simplified Movement, Chief Hon. Paworiso Samuel Horsfall described the movement as a child of necessity born out of the hunger of Rivers people for a paradigm shift from oppression to liberation.
“As witnessed across the length and breadth of Rivers State, the Simplified Movement is a child of necessity, born out of the hunger for a paradigm shift from oppression to liberation, with one core objective to promote and defend the interests of Rivers State and her people. It is on this account, we stand as dependable allies giving strong support to the Executive Governor, His Excellency, Sir Siminalayi Fubara in his pursuit of peace and commitment to the genuine development of Rivers State.
“It is our position that with the elections come and gone, it is practically a time to face governance and to ensure deliverables of dividends to the people of Rivers State in the atmosphere of peace, security and stability,” he said.
Chief Samuel Horsfall explained that Rivers people saw the leadership qualities needed to achieve the sole objective to genuinely defend and promote the interest of the State in Governor Fubara, hence the spontaneous massive support expressed in the birth of the Simplified Movement.
He recounted avalanche of achievements made by Governor Fubara within six months in office. “We appreciate the Governor of Rivers State, His Excellency, Sir Siminalayi Fubara for his resilience and determination to make a difference. It is on record and attestable by all, the numerous projects being executed by his administration.
“Such as the ongoing construction of the gigantic Port Harcourt Ring Road project, the 20,000 housing units for low income earners, the Ogoni-Andoni-Opobo-Nkoro Unity road, the near completion of the 10km Old Port Harcourt-Bori road, the Emohua-Kalabari road, the 6.5km Woji-Alesa-Refinery link road and the inclusion of the remaining part of the Trans-Kalabari road project in the 2024 budget. “Moreover, the promotion of the State civil servants, first time in history payment of N100,000.00 Christmas bonus to civil servants across board, approval of promotions and implementation of N30,000.00 minimum wage for local government workers and the N4 billion single digit interest loans facility for Small and Medium Scale business operators in Rivers State. All these achievements within six months in office are eloquent testimonies of Governor Fubara to deliberately improve the welfare of Rivers people.
“We are convinced that such a proven great mind and well experienced, tested and trusted administrator/technocrat, Governor Fubara has demonstrated the capacity to deliver effectively the needed democratic dividends to Rivers people. It is on this convention we are gathered here for the umpteenth time to reaffirm our unalloyed support and commitment to his administration,” Chief Samuel Horsfall declared.
He disclosed that the gathering was to put in place citizens mobilisation strategy to forge a collaborative bond with the Governor to foster partnership for the development of ASALGA and the State. He, therefore, advised those he called detractors of Governor Fubara’s administration to desist forthwith and allow the Governor to remain focused in his quest to deliver on his mandate.
“All detractors should desist from further attacks on the Governor and the Chief of Staff, Government House, Rt. Hon. Edison Ehie and allow the Governor to focus on the delivery of the good policies and programmes to Rivers people. We unequivocally condemn attempts by disgruntled Abuja politicians to employ intimidation antics against the former Speaker of the 10th State Assembly and current Chief of Staff, Government House, Rt. Hon. Edison Ehie and others who are standing on the path of justice and good conscience for the collective good of Rivers State.
“We equally urge the Nigerian Police and other security agencies to be discreet in the discharge of their constitutional responsibilities in the State and not to allow themselves to be used by selfish individuals who do not mean well to fuel political crisis in Rivers State.
Chief Samuel Horsfall also commended the federal lawmaker, Hon. Boma Goodhead for her doggedness and resilience in supporting Governor Fubara since the wake of the political crisis in the State.
Several other personalities spoke to express their support to the State Governor and urged the people to ASALGA to maintain their peaceful disposition and remain steadfast in the Simplified Movement to give the state government maximum support to continue to render good governance to Rivers people.
Highlights of the event were the inauguration of the elders and stakeholders of the Simplified Movement for the 13 Wards as well as the executive committee of the movement in Asari-Toru Local Government Area.