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
Operating under the umbrella of the Coalition of Civil Society Network, the group described the ruling delivered by Justice Obiora Egwuatu as unfair and contrary to the spirit of democracy, urging the judiciary to consider the will of the people in its final determination of the matter.
Justice Obiora Egwuatu of the Federal High Court, Abuja, had on Thursday, October 30, sacked Gummi for defecting from the PDP, which sponsored his election, to the APC.
In his ruling, Justice Egwuatu held that it was morally wrong for a politician to transfer votes from one political party to another, stating that “political prostitution must not be rewarded.”
He declared that voters elect candidates based on the manifestos and ideals of their political parties. Therefore, it was both legally and morally unacceptable for an elected official to abandon that platform without relinquishing the mandate.
The court also restrained the Speaker of the House of Representatives, Tajudeen Abbas, from recognising Hon. Gummi as a member of the House, and ordered him to refund all salaries and allowances received from October 30, 2024, to the date of judgment.
Justice Egwuatu further directed the Independent National Electoral Commission (INEC) to conduct a fresh election within 30 days to fill the vacant seat.
The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State chairman, Jamilu Jibomagayaki, who argued that Hon. Gummi’s defection violated Section 68(1)(g) of the 1999 Constitution (as amended), as there was no division within the PDP to justify his action.
But convener of the coalition, Lukman Muhammad, who addressed journalists at a press conference in Abuja on Saturday, said Hon. Gummi’s defection was a direct result of the unresolved internal crisis within the PDP, which, according to him, crippled the lawmaker’s ability to effectively represent his constituents.
He said: “We believe the court’s decision was unjust and failed to consider the circumstances surrounding Hon. Gummi’s defection. Gummi’s decision to join the APC was necessitated by the unresolved internal crisis within the PDP, which hindered his ability to effectively represent his constituents.
“We affirm that Hon. Gummi’s right to choose his political affiliation is protected by the Constitution and should be respected. We stand for democracy and the rule of law, while also urging the judiciary to consider the will of the people and the greater good”.
He urged Justice Egwuatu to review the judgment, stressing that the ruling could set a dangerous precedent that undermines the principle of fair representation and the rights of elected officials.
The coalition further noted that the judgment has broader implications for Nigeria’s democratic process, as it raises questions about the extent to which lawmakers can exercise their constitutional freedom of association without fear of losing their mandate.
The parties stated that the APC was on the verge of collapse following the recent wave of defections from opposition parties into its ranks.
In separate interviews with The Tide source, spokespersons for the Peoples Democratic Party (PDP), New Nigeria Peoples Party (NNPP), and the Coalition of United Political Parties (CUPP) —Debo Ologunagba, Oladipo Johnson, and Mark Adebayo – respectively, said an implosion was imminent in the APC.
But the APC Director of Publicity, Bala Ibrahim, stated that recent defections to the party were voluntary and inspired by the ruling party’s achievements, not through coercion. He added that the APC was well-structured, capable of managing its internal affairs effectively, and therefore would not experience any internal crisis.
In recent months, the ruling APC has continued to receive several high-profile politicians from opposition parties, particularly the PDP. Among those who have joined the APC are Akwa Ibom State Governor, Umo Eno, Delta State Governor, Sheriff Oborevwori, and the PDP’s 2023 vice-presidential candidate, Ifeanyi Okowa.
Most recently, members of the Enugu State Executive Council defected to the APC, a move followed by Governor Peter Mbah’s official declaration for the ruling party on October 14 in Enugu.
On October 15, Bayelsa State Governor, Douye Diri, announced his resignation from the PDP. Although he has yet to join another party, speculation is rife that he is on his way to the APC.
Similarly, Taraba State Governor, Agbu Kefas, confirmed last Wednesday that he would be joining the APC.
Numerous other politicians, including several lawmakers, have also abandoned their parties to align with the ruling APC.
In his reaction, Hon. Ologunagba predicted an imminent crisis within the APC, expressing confidence that those who defected would eventually return to the PDP.
He stated, “This is the major political party (PDP), and it is the only democratic party in the country. It has structures cutting across all the local governments, all the wards, and of course all the states. In every home, there are members of the PDP, and that is why the APC are jittery, and that is why they are coercing our members, using state resources and state agencies to force members of opposition parties to join the ruling party.
“But in all this, we are sure and confident that very soon, the APC will implode because it is a multipurpose political vehicle that is not going to last. It is going to implode.
“Many Nigerians will see through it and know that the party is not a political party that protects the interests of the citizens. So, they are going to leave the party and move to the major political party, which is the PDP. We are optimistic that before 2027, many Nigerians will join us because this is the truly democratic party and the only party that is out there to protect their interests.”
On his part, Mr Johnson of the NNPP lamented that the wave of defections posed a serious threat to the country’s democracy.
Mr Johnson said, “This is bad for democracy. For our type of democracy, it is important to have a proper and effective opposition. Already, we’ve seen a blurring of lines between the legislature and the executive; some would even say the judiciary. I hope not. I think many people are observing the trend and are unhappy. However, we need to be a bit more patient and see what happens soon.
“When the PDP was in power for 16 years, it was the party many people rushed into. Over time, it imploded, and many of those who joined it turned against it. So, I see that happening to the ruling APC. Definitely. This is because of the nature of Nigerian politicians; many are driven by personal interests. I always say that Nigeria can never truly be a one-party state. Even if only one party exists, it will become factionalised, with different interests and power blocs. Those pushing the country toward a one-party system may not have studied Nigeria’s political history carefully.”
In his remarks, CUPP’s Adebayo stated that the pattern of defections among politicians, particularly governors and lawmakers, was a deliberate strategy by the ruling party to transform the country into a one-party state.
Mr Adebayo said, “It is not accidental; it is a deliberate and strategic effort to entrench a one-party dictatorship. Whether these defections are forced or coerced, one thing is clear: it is an intentional action driven by the ruling party, particularly the President.
“This development is unhealthy for our democracy. It is shameful and stands against everything democratic principles represent. It is inimical to the growth and development of Nigeria as a democratic nation and poses a grave threat to our political stability.
“The implosion of the APC will come before or once it loses power. Most Nigerian politicians lack ideological grounding or principles; their loyalty lies only with the party in power. Political affiliation is tied to ideology and conviction, not convenience. However, the ideology of most politicians is simply the ruling party. If tomorrow the ADC, Labour Party, or SDP wins the presidency, many of these same politicians will abandon the APC overnight. They have no shame, no conviction, and no conscience. Their only motivation is proximity to power.”
In response, Mr Ibrahim of the APC maintained the APC would not face any internal crisis, asserting that it has the capacity to effectively manage its affairs, unlike the opposition.
He stated, “The fact that the opposition are not organised and they cannot organise primaries, neither can they manage their parties, does not mean we are on the same boat with them. Our party, the APC, has been conducting primaries successfully and rancor-free.
“So, the fact that they don’t know how to manage their party does not mean that is the way we run our own party. The APC does not coerce anyone to join. Those joining are doing so willingly because of President Bola Tinubu’s Renewed Hope achievements. Our party is fully prepared. It’s not going to implode; it’s not going to have any issues similar to the issues they have been having.”
Senator Ndume, in a statement on Saturday in Abuja, accused both the executive and legislative arms of complacency, saying their failure to proactively engage the United States government on the alleged persecution of Christians in Nigeria led to the development.
The senator recalled that he had earlier sponsored a motion in the Senate on “Christian genocide” in the country. The motion, he said, led to resolutions mandating the Nigerian government to engage the U.S. with verified facts and figures.
President Trump, last Friday, announced the designation of Nigeria as a ‘Country of Particular Concern’ over alleged persecution of Christians.
President Trump made the announcement via a post on his Truth Social platform, which was also shared on the official White House X handle.
“Thousands of Christians are being killed. Radical Islamists are responsible for this mass slaughter,” President Trump wrote.
But the Nigerian government swiftly rejected the claims, insisting that President Trump’s assessment did not reflect the true situation in the country.
However, Senator Ndume accused the President Tinubu’s administration and the Senate of treating the allegation raised by US lawmaker, Riley Moore, with complacency, prior to President Trump’s declaration, and urged the federal government to take urgent steps to engage the US government with facts and figures on the activities of terrorists organisations which, he noted, were blind to faith.
“I have alerted the government, I even moved a motion. Nigeria is a sovereign state, it isn’t about what the United States can do to us, but about the misconception and the ripple effects of classifying us as a country of concern.
“We should engage the American government by presenting facts and figures. By engaging the US government, we should demand that they hear the other side of the story from the Nigerian government and the Muslim community. Muslims have been killed too. The genocide isn’t against Christians but Nigerians generally,” he said.