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