Clearance of EFCC Chairman: All eyes on the Senate, Nuhu Ribadu and the Intelligence Community

By Abiodun Williams

It is no longer news that one Barr. Ola Olukoyede has been nominated by President Tinubu’s administration as the next Executive Chairman of the EFCC, subject to the confirmation of Senate of the Federal Republic of Nigeria.

It’s amazing how a vast majority in the legal profession is already jubilating over the (probable) precedence that would extend the frontiers of their job opportunities to the office of EFCC Chairman, that is if confirmed by the senate. It’s rumoured that even the drivers and other support staff of the EFCC are also not left out in the frenzy over (this) illegality.

The Economic and Financial Crimes Commission (EFCC), established by an Act of the the National Assembly on 12th December, 2002 and amended in 2004 by the administration of President Olusegun Obasanjo can no longer be reversed to a mere ad hoc investigation committee.

We are alarmed by the information on how this administration hopes to destroy the EFCC. Multiple plans are being put in place to either weaken or totally destroy the EFCC. One of such plans is to appoint an unqualified individual and if that is resisted by Nigerians, a move at merger of the EFCC, ICPC and CCB which would allow them appoint a Lawyer as CEO for a hatchet job, would be made.

The EFCC Establishment Act. 2004 as amended clearly states the qualifications to the office of Executive Chairman of the EFCC.

Section 2(1) of the Acts states clearly as follow,
a. Chairman who shall‐  
  (i)  be the chief executive and accounting officer of the Commission;  
  (ii)  be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivaent; and  
  (iii)  possess not less than15 years cognate experience.

Interestingly, the above mentioned section of the law which is as simple in interpretation as ABCD, is going the way of Section 134(2) of the Nigerian Constitution (25 % in Abuja), thereby keeping hired lawyers, public and social commentators alike busy in radio and television stations.

The fundamental question now is, why do they want to destroy the EFCC, the leading anti-corruption Agency in Nigeria . How has effort to destroy the EFCC become the highest paid job now in the country, such that the willingness to appear in Radio or Television to argue that is “white is black”.

The fundamental questions now are;
would the same Senate of the Federal Republic of Nigeria that made the law in question, violate its own Law or move against itself by confirming a Lawyer who has never been enlisted into any security or law enforcement Agency in Nigeria as Chairman of EFCC in disregard or contravention of the EFCC Establishment Acts, 2004 as amended.

If the Nigerian Senate which passed the first law truly knows the importance of fighting corruption, building strong institutions for the nation’s development, why havent they amended section 2 of the EFCC Establishment Acts to replace the Police Ranking with that of the EFCC since its trained and regimented officers have grown in their ranks and now qualified to lead their Agency.

Would the Senate now quickly or secretly amend the EFCC Establishment Act to accommodate Lawyers, Teachers, Accountants, Doctors, other professionals and in deed all Nigerians as qualified individuals for the office of EFCC Chairman?

Would it also go the way of the NYSC Corper-minister in Federal Republic of Nigeria. It is in deed a very dangerous time for Nigeria: All eyes on the Senate.

On the other hand, the Pioneer Executive Chairman, Mal. Nuhu Ribadu (AIG Rtd) and the National Security Adviser (NSA) in the present government that nominated a Lawyer for the office of EFCC Chairman ought to recuse himself in all these.

The same Mal. Nuhu Ribadu who became the EFCC Chairman by virtue of his rank as Assistant Commissioner of Police, was the one who initiated the present structure, recruitment, training and deployment of the EFCC cadet superintendent, inspectorate and Assistant Courses in line with the provisions of the Acts.This laudable and prompt initiative of Mal. Nuhu Ribadu is what built the reputable, independent and a 21st century law enforcement agency, EFCC for Nigeria today.

It’s understood why the political class may not want an independent and strong institutions like EFCC: which has become the leading and effective anti-corruption Agency in Nigeria and West African sub-region. The EFCC must be protected from destruction because strong institutions are the fulcrum of true democracy. Sadly, the ordinary, patriotic and hardworking Nigerians do not understand that the coup going on against the EFCC is actually against them and Nigeria as a nation.

The immediate past Executive Chairman of the EFCC, Abdulrasheed Bawa CON is a member of the EFCC superintendent cadre, Course 1. This Detective Superintendent cadre has grown from Course 1 to 10. Similarly, Detective Inspectorate cadre has grown from Course 1 to 10 and same applies to the Detective Assistant cadre. These are the regimented personnel who operate the core mandate of the EFCC while looking up to a seamless career progression to the office of the Executive Chairman of the EFCC.

The questions now are; Has mal. Nuhu Ribadu (AIG Rtd), NSA suddenly changed his mind about the structural formation he established in the EFCC?

Was he not consulted or aware of the illegal nomination?

With a civilian (Lawyer) as Chairman of EFCC, what happens to the mandate of the Commission, the regimented command/operational structure and over 4,000 trained Officers of the EFCC

Has Mal. Nuhu Ribadu compromised or sacrificed the EFCC, an Agency he birthed, toiled day and night to build at the risk of his life?
Could there be better legacy or monument Mal. Nuhu Ribadu would want to build for himself while alive than his globally reputed EFCC?

For his intergrity and known principles, Why cant Mal. Nuhu Ribadu defend the EFCC even if it means resignation to prove his innocence or that he is not in agreement with this gravious assault on his legacy, the EFCC.?
All eyes on Mal. Nuhu Ribadu (AIG Rtd) and NSA.

Similarly, the Security and Intelligence community remain the pillars of constitutional democracy and therefore have onerous task of enforcing or defending the law especially as it now affects their community (EFCC), because no one knows whose turn it is next to be violated.

Society or democracy is in grave danger when strong men are promoted above strong institutions and might above the rule of law. Good governance begins with proper screening and appointment of qualified individuals into public office.

All eyes on the Security and intelligence community to do what is right in the interest of Nigeria and not what the government wants.

They know that Nigerians are hungry and desperate to survive hence the treatment by those in power. It’s a shame that after 60 years of independence, Nigeria is still largely in search of honest, sincere and forthright men and women in governance due to endemic or pervasive corruption.

Many, including the oppressed or victims of this coup against the EFCC have began to queue behind the obvious illegal normination for their pecuniary benefits or just to survive. How low are we going to go as a nation before going up?

“The oppressor would not be so strong if he did not have accomplices among the oppressed”- Simone de beauvoir

WILLIAMS IS THE NATIONAL CONVENER OF SAVE DEMOCRACY GROUP