By David Eseiwanbevbo
Fellow Nigerians, the hope and future of Nigeria have not been so dampened
by corruption as orchestrated by Economic and Financial Crimes as we are
witnessing now within and outside the country.
The Economic and Financial Crimes Commission (EFCC) was established in 2003
by President Olusegun Obasanjo’s administration through the National
Assembly Act 2004 as amended. The establishment was in response to
international pressure from the Financial Action Task Force (FATF) against
money laundering which named Nigeria among the 23 non-cooperating countries
in the international community’s effort against money laundering.
Prior to the establishment of the EFCC, the Police had long been in
existence with a mandate covering investigation of money laundering
offences. Suffice to say that, the failure of the Nigerian Police in its
mandate for whatever reason brought about the national embarrassment of
naming Nigeria among the 23 non-cooperating countries in the international
fight against money laundering. In other words, Nigeria was one of the
safest heavens for money laundering and Launderers.
Ironically, the pioneer Chairman of the then newly established Commission
was brought from the same Nigerian Police even though the EFCC
establishment Act provided several options. That was a clear indication
that the pioneer Chairman, Mr. Nuhu Rubadu must have been an outstanding
police officer with the necessary creteria to administratively and
operationally plant the new institution, EFCC. Nevertheless, our
independent inquiries from majority of the EFCC pioneer personnel and the
present situation in the Commission is very telling about the lack of
proper foundation and necessary structures which are fundamental to the
birthing of any enduring and independent institution.
Yes, police officers are better known for operational duties than
administration. This has been evident in the EFCC when only few months
after the pioneer Chairman was appointed, he commenced operations — arrest
— immediately with the few cases he brought then from the police without
first bothering about the necessary formal structures of the Commission,
i.e Office structure, Organisational policy document, standard operational
procedure (SOP), Institutional culture/Ethics and values, Official Code of
conduct, Career progression, Standard criminal and recovery data base,
succession plan (police disengagement from the Commission) etc; which are
the basic and fundamental steps for organization, growth and development of
any institution. The lack of these foundational and basic requirements has
created a huge administrative and even operational vacuum that remains the
bane of the EFCC till date.
Successive police administrations or leadership of the EFCC rather than
address these obvious challenges and self-imposed calamity, continued to
take advantage by administering the institution at their individual whims
and caprices hence there is practically no system to check their excesses
or abuses of power till date.
Many personnel of the Commission especially the Operatives who were
trained to take over to take over the leadership of the institution hold
same belief that the lack of proper foundation and subsequent neglect to
address it was a deliberate plot by the usual police leadership and the
seconded personnel to perpetuate themselves and continuously place the
Commission under subjugation and control.
So, rather than build the institution around structures, policies and
systems, the EFCC in the last 15 years was built around the priviledge
individual police leadership.
Meanwhile, as they build themselves into strongmen, instead of building
strong institution, EFCC was growing weaker and has since degenerated into
cesspool of corruption. This was possible because the police cabal knew
they had a mother organization to run to should anything happen to the EFCC
unlike the over four thousand EFCC staffers and operatives.
Therefore, attempt to revive and restore the EFCC and Nigeria’s battered
image right now, must be wholistic to allow the EFCC function as an
independent law enforcement agency it was created to be because if the
Police was that good, there wouldn’t have been need for the EFCC. The
police has to be disengaged from the Commission completely and forthwith to
allow the EFCC take its destiny in their own hands and be responsible for
their actions or inactions.
POLICE GREED AND CORRUPTION IN THE EFCC
It is no longer news that the Nigerian police makes and mars the EFCC. Just
very recently, the Inspector General of Police, Mohammed Abubakar Adamu
could no longer hide the proclivity of the police highest authority to
annex the EFCC as police department when he issued a directive/signal
withdrawing all policemen serving in the Commission and at the same time
posting new ones to take over their duties in EFCC with immediate effect.
This is the height of impunity. Even if it is possible that the IGP can
withdraw his men from the Commission at will, he has no legal basis to post
any of his men to the commission without any former request from the
Commision.
We call the attention of Mr. President, Gen. Muhammadu Buhari, the National
Assembly, Social Crusaders and Right Activists as well as other well
meaning Nigerian to stand up for the Commission before it is sunk by the
Police. The Inspector General of Police needs to be called to order
immediately to stop trampling on the career and future of over four
thousand (4,000) personnel of the EFCC who will not hesistate to emback on
mass protest against any further Police invasion that undermines the
Commission.
The Police authority must be reminded now that the EFCC has never been a
police department to be micro managed, run or administered by the IGP. The
EFCC remains an independent institution as the directive of the Inspector
General of police is contrary to the provisions of the EFCC establishment
Act and the Public Service Rules on secondment and de-secondment of public
Officers. Since inception of the EFCC, the Police authority has
continuously lobby their way to retain the leadership of the EFCC thereby
populating the Commission with their men for no other reason than pecuniary
benefits at the expense of the Commission that no longer have any need for
them. Their forced presence and illegal entitlement have only breeded
corruption, career stagnation, tyranny, unprofessionalism and
ineffectiveness in the commission.
The Police has turned itself to a new colonialist and imperialist in the
EFCC such that the EFCC operatives who are senior in rank, better
qualified, exposed, educated and trained both locally & internationally in
Economic and Financial Crimes Investigation are now relegated to the
background while their seconded men hold sway in all the strategic
positions of the Commission. Despite the fact that the pioneer cadet
officers (Course 1) of the Commission are now qualified for the
Chairmanship position by law, seconded police officers are being favored to
head almost all the EFCC zonal offices across the country.
In other to perpetually retard the officers of the Commission, the police
leadership in the Commission, especially in the last five years has refused
to conduct promotion examination for the Commission officers, while they
receive their own promotion regularly in their mother organization even
without any written examination. The police leadership, in order not to
allow any form of independence of the Commission, refused to de-second all
mobile police men from the Commission after spending hundreds of million to
train the Commission’s armed mobile detectives in the Nigeria military
academy. Despite receiving the best of arms training from the Nigeria
military, these extremely gallant set of detectives have been deprived of
their duties for which they were recruited and reduced to mere messengers
in the office.
In addition, trainings that are met to enhance capacity building for core
personnel of the Commission are being hijacked by seconded police officers
who by law are not permitted to stay beyond few years in the Commission
except where they abuse and violate extant rules as many of them have been
found doing to stay permanently in the Commission. Now that the EFCC has
come of age, all relevant stakeholders i.e the Executive, National
Assembly, etc must immediately review the EFCC establishment Act with a
view to amending the relevant sections that will strengthen the EFCC as a
strategic, independent, more efficient, effective, professional and
proactive institution that will be better placed in the fight against
corruption, Economic and financial crimes in Nigeria.
LEADERSHIP SUCCESSION AND CAREER PROGRESSION IN THE EFCC.
Despite the administrative failure, the pioneer leadership of the EFCC led
by Mr. Nuhu Ribadu laid foundation for EFCC leadership post police
colonialism.
Most Nigerians and even the elite amongst them do not understand the
categories of EFCC personnel. The core mandate of the EFCC is investigation
and prosecution which made the operations department majorly for
Operatives/Investigators who must have passed through security and law
enforcement training. Many do not understand that the EFCC has its own
trained Operatives recruited at three different cadres, i.e the rank &
files, inspectorate and superintendent.
In other words, since Ribadu’s term till now, the EFCC has trained Officers
that are now fully grown, ready and statutorily qualified to take over the
Commission. Only those reccruited as administrative personnel who never
went through the basic or rudimentary law enforcement and regimental
training are referred to as civilians in the Commission.
By the Act, not all EFCC personnel, except Operatives can be qualified for
the Chairmanship position. Its important to clear the air in the interest
of all Nigerians.
Therefore, the EFCC Establishment Act has only made temporary and
inadequate provision for leadership succession. No institution develops
without clear, stable or statutory and independent system for leadership
succession. And if the development of any nation is dependent on its
institutions, President Muhammdu Buhari must write his name in gold by
reviewing the various Acts and leadership succession processes of the EFCC
and other similar institutions bellow;
1. State Security Service (SSS)
2. Nigeria Drug Law Enforcement Agency (NDLEA)
3. Nigeria Custom Service (NCS)
4. Federal Road Safty Corps (FRSC) etc.
It does not help national development that these key institutions above,
rather than build a career path succession or leadership process for more
efficiency, effectiveness and professionalism, successive governments are
very comfortable with highly politicised leadership process. Looking at the
key role these agencies are playing, especially the EFCC place in our
national economy, it becomes inevitable to make necessary amendment in the
interest of the nation.
THE FOLLOWING ARE THE AREAS WHERE URGENT AND IMMEDIATE AMENDMENTS ARE
NEEDED IN THE EFCC ESTABLISHMENT ACT.
(A) Sections 2: (i) (a) ii which states thus; “be a serving or retired
member of any government security or law enforcement agency not below the
rank of Assistant Commissioner of Police or it equivalent; and’’. Rather,
an amendment is proposed to read thus; be a serving or retired EFCC law
enforcement officer not below the commission’s rank of deputy detective
commander (GL I6) or it equivalent in a relevant government security or law
enforcement agency.
Reason For Proposed Amendment;
The EFCC has since evolved beyond the provision of section 2 (i) (a)ii
which has become obsolete and no longer in tandem with the present reality
of the Commission. It is obvious that as at the time of drafting the act,
the Commission was new, had no operatives and ranking system of its own,
hence the police ranking system was used to benchmark the qualification for
office of the Chairman. Now, the commission has its ranking system and
operatives who are best qualified for the position. Also, for
Institutionalization, Independence, Career Progression, Growth and
Development.
(B) Section 3; (2) which states thus; “A member of the Commission may at
any time be removed by the President for inability to discharge the
functions of his office (whether arising from infirmity of mind or body or
any other cause) or for misconduct or if the President is satisfied that it
is not in the interest of the commission or the interest of the public that
the member should continue in office”. Rather, amendment is proposed to
insight or read thus; “A member of the Commission may at any time be
removed by the President subject to the consent of 2/3rd majority of the
senate of the federal republic of Nigeria for inability to discharge the
functions of his office (whether arising from infirmity of mind or body or
any other cause) or for misconduct or if the President is satisfied that it
is not in the interest of the Commission or the interest of the public that
the member should continue in office.
Reason for proposed amendment;
In view of section 2; (3), if the senate is required in the
hiring/appointment of the Chairman of the Commission, the Senate should
also be required for the firing/disengagement. No doubt this will enhance
stability, professionalism, independence, strengthen and insulate the
Commission from unnecessary political interference or manipulation as in
the case of CBN, INEC etc.
(C) Section 4 which states thus:- “Where a vacancy occurs in the membership
of the Commission, it shall be filled by the appointment of a successor to
hold office for the remainder of the term of office of his predecessor, so
however that the successor shall represent the same interest as his
predecessor”. Rather, amendment is proposed to read thus: where a vacancy
occurs in the membership of the Commission, no one shall be in office in
acting capacity for a period more than six (6) months, it shall be filled
by the appointment of a successor to hold office for a term or remainder of
the term of himself or his predecessor, so however that the successor shall
represent the same interest as his predecessor.
Reason for proposed amendment;
This is to encourage standard, rule of law, global best practices, strong
institution and due process. It is also to reduce leadership anxiety, over
politicization, uncertainty, sycophancy and abuse of office. There is no
doubt that the above amendment will help to create an enduring and fully
responsible institution. We must quickly be reminded that officers on
secondment cultivate double loyalty and commitment. First, to their primary
consistency (mother organization) and second, to place of service or
secondment.
POLICE IMPENALISM AND CORRUPTION IN THE EFCC
While anyone will appreciate the effort of the police at the formation of
the EFCC, it must be emphasized that after almost 16 years of mentorship,
they must now exit without any further delay as the EFCC and its personnel
have come of age. Those familiar with the operations of the EFCC know that
the professional work force of the Commission are the vibrant and
intelligent core officers. It is no longer news that police officers pay
huge sum and lobby to be posted to the Commission which they regard as
“Local Mission” for pecuniary opportunities.
It is not surprising that almost all the key departments of the Commission
are headed by seconded police men, most of whom are junior in rank, less
trained, less educated, less experienced compared to their EFCC
counterparts who have been exposed to professional trainings both locally
and internationally. The police colonialism and imperialism in EFCC must be
rejected by all well meaning Nigerians, the law enforcement and
intelligence community. As at today, the NFIU that was just severed as
department in EFCC, is now more independent, organized, focused than the
EFCC of 16 years after they were granted autonomy about 3 years. ago.
Mr. President, Gen. Muhamadu Buhari and all anti-corruption crusaders are
respectfully urge to redefine the fight against graft, economic and
financial crimes by going all the way to redefine the EFCC for optimum
performance by sending the police packing from the EFCC, especially now
that their primary constituency have better need of them in the areas of
their primary assignment at this present time that the administration is
battling insecurity in the country.
Eseiwanbevbo, A Social Crusader, Writes From Lagos, Nigeria.
