i

TITLE PAGE

ECONOMIC AND FINANCIAL CRIMES COMMISSION, ITS POLICIES AND

CORRUPTION IN NIGERIA, 2003 TO 2010.

ii

APPROVAL PAGE

This research work has met the requirements of the Department of Political of Science, for the Award of a Masters of Science Degree in Political Science of the University of Nigeria,

Nsukka, and is approved.

BY

______DATE:______Prof. Miriam Ikejiani-Clark Project Supervisor.

______DATE:______Prof. Obasi Igwe Head of Department.

______DATE:______External Examiner

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DEDICATION

This research work is dedicated to the memory of my late father, Mr. Simon Okorie

Ukanwa, who sent me on this programme but, could not live to welcome me. iv

ACKNOWLEDGEMENT

Glory be to God Almighty. I am immensely grateful to my supervisor, Prof. Miriam

Ikejiani-Clark whose effort ensured the success of this work. Prof. Ikejiani-Clark, your cordial relationship with your supervisees and the students at large, speaks much of your professionalism and kind spirit, I cannot thank you enough. A big thank you to my lecturers, Prof. Obasi Igwe,

Prof. E.O. Ezeani, Dr. H.C. Edeh, Dr. Ken Ifesinachi , Dr. A.M.N. Okolie, Mr P.C. Chukwu, and

Mr. Ezirim Gerald.

To my mother Mrs. Christiana Ukanwa, my siblings (Barrister Hagler, Ogwo, Ndubuisi,

Ezinne, Nnenna and Nwanne), my uncles (Sunday and Galaxy and their respective families), my cousins (Dr. Uchenna Ukanwa and family, Ndubuisi, Ege, and the entire Ukanwa Opah’s family), the Ogwo Aka’s family, C.U.Ege’s family, S.U. Chukwu’s family, Austin Okorie’s family, M.C. Ufere’s family, Ogwo Uche’s family, Egbo Agu’s family etc, I appreciate all of you for seeing me through to the end of the tunnel, as the light shines upon me now.

To my room-mates, friends and well-wishers: Uzendu Anselem C., Ogbu Ejike C., Adibe

Raymond C., Okoye, Kingsley E., Eze Ojukwu Onoh, Anya Okoro Ukpai, Ukeka Chinedu D.,

Dickson Agwuabia, Chris Onyekachi Omenihu, Oyirinnaya Chukwu, Erimma Agu, Onyekachi

Ezeokafor etc. I appreciate the communal living and mutual understanding that exist amongst us.

Your company provides me comfort and, makes me feel at home away from home. Thanks to all of you for not deserting me during my darkest moment, you are all indelible memories and

God’s sent. I cannot forget Mr. Nevoh Joseph C., please thanks for everything. All the 2009 Post

Graduate Students of the University of Nigeria, particularly those from the Department of

Political Science, I wish all of you the best. v

I extend my gratitude to all the Staff of Nnamdi Azikiwe Library, University of Nigeria,

Nsukka for their big assistance. Please bear with me if your name does not appear on this page, our space is limited. Always remember that you will remain on the limitless page of my heart till eternity.

Ukanwa, Ogbajie E. Department of Political Science. University of Nigeria, Nsukka .

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ABSTRACT

Corruption has remained a thorn on the flesh of Nigeria’s economic, political and, social life in spite of the concerted efforts made to curb the menace by different regimes. In 2002, the Obasanjo’s Regime enacted the Economic and Financial Crimes Commission’s (EFCC) Act, while the Agency commenced duties with its plans of actions (policies) in 2003. Still, corruption was on the increase. The situation raised our concern to carry out a research work to examine Economic and Financial Crimes in Nigeria between 2003 to 2010. This research work has two questions which are: (a) Did EFCC’s activities (policies) strengthen the fight against corruption between 2003 to 2010? (b) Did EFCC effectively succeed in reducing corruption between 2003 to 2010? The two hypotheses tested in this research work are: (a) Political interference in the EFCC’s activities weakened the fight against corruption between 2003 to 2010, (b) Political interference in the EFCC’s policies undermined the EFCC’s effectiveness in reducing corruption between 2003 to 2010. We adopted structural functionalism as our theoretical framework and, used observational technique and qualitative descriptive method as our methods of data collection and analysis respectively. The first hypothesis was tested in chapter three, under the sub-heading, Obasanjo’s Regime (1999-2007), and we found out that such cases as the N81 billion Identity Card scam, the uninvestigated N250, 000 credited into the accounts of the members of the National Assembly, the EI-Rufai’s Privatization scandal, the Julius Makanjuola’s case, the many private establishments owned by Obasanjo etc, which were not investigated by the EFCC due to Presidential involvement, interference and, fear of indictment confirmed our hypothesis that political interference in the EFCC’s activities weakened the fight against corruption. The second hypothesis was tested in chapter four which has the heading- EFCC’s Policies, Performances and Challenges. Under which we found out that the poor position of Nigeria in the Transparency International Corruption Perception Index, the use of the EFCC to destroy enemies and protect associates etc, confirmed our hypothesis that political interference in the EFCC’s policies undermined the EFCC’s effectiveness in reducing corruption. We concluded that EFCC was established to serve the interests of the ‘powers that be’. And that the use of the EFCC to protect the interests of the ‘powers that be’ weakened the EFCC’s activities and, undermined the EFCC’s effectiveness in reducing corruption in Nigeria between 2003 to 2010. We proffered recommendations that, there is need to strengthen the independences of the EFCC and, empower complementary governmental agencies and civil society organizations so as to engender the feelings of ownership of the war. If the government and the EFCC would accept and implement these recommendations, they would enhance the Agency’s (EFCC) effectiveness and efficiency.

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TABLE OF CONTENTS

Title Page ------i

Approval page ------ii

Dedication ------iii

Acknowledgment ------iv

Abstract ------v

Table of Contents ------vi

CHAPTER ONE: INTRODUCTION

1.1 Background to the Study ------1

1.2 Statement of Problem ------2

1.3 Objectives of Study ------3

1.4 Significance of Study ------4

1.5 Literature Review ------4

1.6 Theoretical Framework ------10

1.7 Hypotheses ------12

1.8 Method of Data Collection and Analysis Method of Data Collection - 12

CHAPTER TWO: THE INSTITUTIONAL STRUCTURE OF THE EFCC

2.1 History of the EFCC------15

2.2 Establishment of the EFCC ------17

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CHAPTER THREE: AN OVERVIEW OF THE ANTI-GRAFT POLICIES OF DIFFERENT REGIMES IN NIGERIA 3.1 Anti –Graft Policies under the Military Regime - - - - 22

3.2 Anti-Graft Policies under the Civilian Regimes - - - - 31

CHAPTER FOUR: EFCC’S POLICIES, PERFORMANCES AND CHALLENGES

4.1 The EFCC under Nuhu Ribadu ------39

4.2 The EFCC under Farida Waziri ------44

CHAPTER 5: SUMMARY, CONCLUSION AND, RECOMMENDATION

5.1 Summary ------49

5.2 Conclusion ------52

5.3 Recommendations ------53

BIBLIOGRAPHY ------55

APPENDIX ------58

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CHAPTER ONE: INTRODUCTION

1.3 BACKGOUND TO THE STUDY

It is no longer news that corruption is a cankerworm that has eaten deep into the fabric of

the Nigeria society but, the most worrisome is that it has soiled the character and personality of

every Nigerian especially before the comity of nations .Corruption is one serious contagious

disease that has endemically and indirectly involved every Nigerian .And this is why Ikejiani-

Clark (1995:125) stated that “corruption is institutionalized such that not only that officials are

corrupt but corruption is official”. However, since Nigeria’s First Republic collapsed in January

1966 amid allegations of massive corruption, the fight against corruption has developed into an

important public policy issue. Thus, the establishment of different Decrees, Acts and Agencies

such as the corrupt Practices Decree of 1975, the Code of Conduct Bureau of 1979, the War

Against Indiscipline of 1983, the Independent Corrupt Practices and other related Offences

Commission (ICPC) of 2000 etc, by different regimes to help fight corruption.

In 2002, the Economic and Financial Crimes Commission (EFCC) Act was enacted by

the National Assembly under the administration of the former President Olusegun Obasanjo,

and was empowered to investigate, prevent and prosecute offenders who engage in corrupt

practices both in the public and private sectors (EFCC Act,2002). In April 2003, the EFCC

commenced its activities and the Federal Government appointed as Chairman, Nuhu Ribadu.

Since its commencement of activities, the EFCC has made several policies to effectively tackle

corruption despite the institutional and practical challenges; Nigerians expect high performance

from this agency. To satisfy the expectation, this work intends to examine the EFCC’s policies

and performance in the fight against corruption with regard to the institutional and practical x

challenges. Structural-functionalism will be adopted as the theoretical framework .While, the

secondary method of data collection and the qualitative descriptive method of analysis will be

employed for this study.

1.4 STATEMENT OF PROBLEM

Corruption is part of human failing and poses a serious challenge to Nigeria and her

citizens. Corruption exists both in the public and private sectors and, manifests in various forms

such as inflationary contract awards, inflating quotations and specification of contractors, as

well as collaborating with them to use inferior materials to execute the projects; giving of

bribes, embezzlement, misappropriation, money laundering, under or over invoicing etc.

Obasanjo’s Administration realizing that corruption is the anti-thesis of development and

progress, established the EFCC, an agency saddled with the responsibility of fighting

corruption. According to Enweremmadu (2010:4) “the elevation of corruption to an urgent

national issue by Obasanjo was itself motivated by a combination of some domestic and global

developments”. At the domestic level, Obasajo’s anti-corruption drive was propelled by an

unprecedented disclosure of evidences of corruption perpetuated by his immediate predecessors,

especially the late Sani Abacha. And at the global level, the war against corruption was

motivated by genuine desire to correct Nigeria’s frequent appearance at the top of the table of

the world’s most corrupt nations. The EFCC is empowered to investigate, prevent, and,

prosecute offenders who engage in corrupt practices such as money laundering, bribery,

embezzlement etc. However, it should be noted that some of the constitutional provisions have

had the effect of protecting some public officials from any civil proceeding or criminal

prosecution relating to acts of practice of corruption .Most significant being the immunity

provision of section 308 of the 1999 Constitution and the Fundamental Right’s provision on due xi process and fair hearing .Meanwhile, the EFCC under different leaderships has come up with certain policies to tackle corruption despite the deep institutional and practical challenges.

Despite the various works carried out on this topic, there still exists some gap and unanswered questions by scholars which this work hopes to address and, therefore contribute to the rising body of knowledge. This work intends to study the EFCC’s policies and performance in the fight against corruption with regard to the deep institutional and practical challenges. Therefore, the problems of investigation are as follow:

(a) Did EFCC’s Activities (policies) Strengthen the Fight against Corruption between 2003

to 2010 ?

(b) Did EFCC Effectively Succeed in Reducing Corruption between 2003 to 2010?

1.3 OBJECTIVES OF STUDY

This study is aimed at examining the policies of the EFCC, carrying out an appraisal of the performance of the EFCC, and as well make suggestions. The above can be achieved by:

(a) Finding out whether EFCC’s activities (policies) strengthened the fight against corruption

between 2003 to 2010 .

(b) Examining whether EFCC effectively succeeded in reducing corruption between 2003 to

2010 .

(c) Suggesting ways of making the EFCC more effective and efficient in the fight against

corruption.

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1.5 SIGNIFICANCE OF STUDY

This work will in no little way expose the activities of the Economic and Financial

Crimes Commission from 2003 to 2010, contribute to knowledge and, as well satisfy the yearnings of Nigerians who have been eager to access the performance of the body (EFCC). The work will be useful to researchers from Institutions, the Social Sciences and other disciplines, who are interested in conducting research on the Economic and Financial Crimes Commission

(EFCC) and Corruption in Nigeria, as it will provide them with relevant information. The recommendations proffered in this work, if adopted and implemented by both the Government and the Economic and Financial Crimes Commission (EFCC), will help the body (EFCC) to be more effective and efficient in the fight against corruption in Nigeria

1.5 LITERATURE REVIEW

In line with the research questions which are as follow:

(a) Did EFCC’s policies strengthen the fight against corruption between 2003 to 2010?

(b) Did EFCC effectively succeed in reducing corruption between 2003 to 2010?

We shall review what scholars have written on EFCC’s policies and performance in the fight against corruption. According to Odey (2001:27 ):

it is most painful when one recalls that prior to Obasanjo’s assumption of office, Nigeria occupied 27 th position on the corruption chart. But in September 2000, the transparency international, the very anti-corruption body that helped to raise him to a very high pedestal, delivered its bombshell that Nigeria is the most corrupt country in the world. xiii

And according to Anugwom (2000:49) “corruption is so prominent in the catalogue of Nigeria’s woes that the Obasanjo administration made it a high point of its social crusade for national rebirth”. The above is an emphasis on the problem of corruption in the country and the concern it has given the Nigerian government to give corruption a good fight. This effort to give corruption a good fight gave birth to the enactment of the Economic and Financial Crimes Commission

(EFCC) Act in 2002. Thus, empowering the EFCC to investigate, prevent, and prosecute offenders who engage in economic and financial crimes. However, there is no universally accepted methodology for preventing, investigating or, prosecuting cases of corruption.

Meanwhile, the EFCC has different policies or measures adopted in the Nigerian society, and according to the 21 st Century Chambers Dictionary (2006:1074) “policy is a plan of action usually based on certain principles decided on by a body or individual”. According to Nwabueze

(2007:87) “the Economic and Financial Crimes Commission (Establishment Act, 2002, as re- enacted in 2004), reads like a law enacted by a government whose law-making power is unlimited by the principles of federalism; it is altogether careless of the Federal System under our constitution”. The policies of the EFCC include: the Confrontational policy, the Rule of Law and Due Process, the Anti-Corruption Revolution (ANCOR), the Operations Eagle Claw and

Eagle Eye, and the Plea Bargain.

The Policy of the Rule of and Due Process is one of the policies of the EFCC. As explained by its most famous exponent Albert Venning Dicey, in Igwe (2005:429) the concept of the rule of law has three essential lodestones:

(a) That the law is supreme over and above any form of arbitrary power and discretion of any

man or government. xiv

(b) That there should be equality before the law. Thus, all classes of people or institutions are

to be treated equally without favour by the law and its enforcement agencies.

(c) That human rights and liberties are assumed out of good morality and legal practice and

should not necessarily, be a function of codified laws or regulations.

The EFCC has ‘Nobody is above the Law’ as its motto. Not surprisingly, for a hallowed concept that enjoys wide usage and acceptance, the rule of law is believed to have become meaningless as a result of ideological abuse and over use. Not too many people agree to what the concept really means or has evolved into. While the general principles are often clear and indisputable, the ultimate goals are often obfuscatory and largely a function of the paradigm through which the user approaches the concept. Emphasizing on the wrong application of the rule of law as

EFCC’s tool for the subversion of the autonomy of the State Governments, Nwabueze

(2007:87) writes that:

the worst aspect of the illegality of the EFCC Act is its brazen interference with the autonomy of the State Governments, which is the defining principle of true federalism, its foundation or “bedrock”, as Hon. Justice Kayode Eso, formerly of the Supreme Court, has aptly described it in Attorney-General of Ogun state and Ors vs .Attorney-Genera of the Federation and Ors (1982) 3NCLR 583. The autonomy of the States demands that the Federal Government should not only keep within the limit of the powers assigned to it by the Constitution (the Ultra Vires Doctrine) but also, that the exercise of such powers as limited should not in its practical effect impede, frustrate, stultify or otherwise unduly interfere with the State Governments’ management of their staff, the award of contracts for the provision of services and other projects, the exercise of other essential government functions, like that of law making or the execution of laws so made; the principle of non interference with the autonomy of the states as it is called. xv

The rule of law requires a thorough investigation of any allegation of criminality before

even arresting and cautioning a suspect .The idea behind the adoption of the principle of the rule

of law according to Waziri (2009:3) are as follow:

(a) To avoid playing to the gallery by declaring suspects guilty even before investigations are

completed.

(b) To avoid unlawful arrest until there is sufficient evidence upon which to change and

caution a suspect, as it is completely wrong to arrest, let alone caution a suspect before the

police looks for evidence implicating them.

(c) To avoid depriving citizens of their liberty while the case against them is still being

investigated.

Waziri (2009:5) further states that:

anti-corruption officers must therefore see themselves as direct agents of economic development since there is incontrovertible basis for the assertion that an economically developed economy and society could lead to lesser levels of crime,as it is in the interest of anti-corruption law enforcement agencies to ensure that they not only directly work within the parameters of the law but, also encourages the achievement of the rule of law. Waziri encouraging the observation of the rule of law by the EFCC failed to put into cognizance the contradictions inherent in the rule of law, such as the personal rights and, fair hearing which are cardinal aspects of the rule of law, and are liable to cause unnecessary delay in the conclusion of a matter in court or even killing the case.

The Plea Bargain as a policy of the EFCC, is a quasi criminal judgment or an outright court verdict in a criminal case, whereby a prosecutor offers the defendant an opportunity to plead guilty on his own volition, based on a mutually satisfactory disposition to ensure that the xvi accused pleads guilty to one of the counts he is charged for a lesser punishment. In other words, the accused having agreed that he has committed an offence, for some obvious reasons, pleads with the prosecutor that he should be charged in such a manner that he will not bear the full brunt of the offence (s) committed or be subject to the rigors of court trial but, this comes certainly before a verdict is given. Section 14 of the EFCC Act 2004 (as amended) no doubt empowers the

EFCC to enter plea bargain. The EFCC since its establishment via the Economic and Financial

Crimes Commission Act 2004 (as amended) has adopted the plea bargain as a ready tool for criminal prosecution. Section 14 of the Act is self explanatory and goes thus:

subject to the provision of section 174 of the Constitution of the Federal Republic of Nigeria 1999, which relates to the power of the Attorney General of the Federation to institute, continue or discontinue criminal proceedings against any persons in any court of law (nolle prosequi), the Commission may compound any offence punishable under this Act by not exceeding the amount of the maximum fine to which that person would have been liable if he has been convicted of that offence The EFCC Act is a subsidiary legislation of the National Assembly, made and subject to the law making power conferred on it. It is therefore heart warming to note that the EFCC has succeeded utilizing this section of the law by prosecuting some of the so called ‘BIGMEN’ and in some cases secure their conviction through the court by solely relying on plea bargaining. Prominent among which are Tafa Balogun who was convicted and his property confiscated after he pleaded to bargain. Also on the list is the former governor of Bayelsa state D.S.P. Alamiesegha.

Onwudiwe(2009:3) states that “the disposition of criminal charges by agreement between the

Prosecutor and the accused, sometimes loosely called plea bargain, is an essential component of the administration of justice, and if properly administered, it is to be encouraged”. xvii

Onwudiwe failed to understand that plea bargain will encourage corruption and constitute a financial conduit pipe for selfish and unscrupulous leaders to siphon public funds, as the plea bargain does not carry a severe punishment. Example is the case of former governor of Edo State

Lucky Igbinedion, whom the EFCC arraigned for looting billions of Naira. In the spirit of plea bargain was asked to pay a paltry sum of 3.5 million naira and was let off the hook

(Belgore,2007:2-3).

Other initiatives of the EFCC are the Eagle Claw and Eagle Eye Projects. The Eagle Claw is dedicated to battling internet fraud, that is Advance Fee Fraud also known as ‘Yahoo Yahoo’.

The EFCC is partnering with Microsoft and fine tuning security modalities with the software giants, which upon consummation and deployment will up the Eagle Claw’s capacity to take out fraudulent e-mails. Before now, the EFCC’s modality for combating cybercrime centered on internet raids and reliance on petitions .While Eagle Eye project of the EFCC is initiated to lead tax investigations. Writing on the Eagle Claw and Eagle Eye, Egbulefu (2011:1) noted that “the

EFCC has earned deserving respects from within and outside the country as a credible and innovative anti-corruption body in Nigeria owing to the commission’s latest ingenuity projects of projects Eagle Claw and Eagle Eye”.

The above emphasized that the projects are parts of the radical departure from the

EFCC’s old ways, and will afford the EFCC the option of either monitoring or shutting down all fraudulent e-mail addresses using the Eagle Claw and turn heat on corporate organizations that had been robbing the Federal Government in tax payment using the Eagle Eye project.

On the Anti-Corruption Revolution of the EFCC, Adedeji (2010:1) writing on the program stated that “the mission of the Anti-Corruption Revolution is to see to a Nigeria that is xviii free from corruption in all public and private dealing”. The Anti-Corruption Revolution therefore has it as a mission to mobilize and build capacity of diverse communities and people to own and drive the Anti-Corruption Revolution in Nigeria with a resolve to resist and expose corruption at all levels.

Having reviewed what Scholars have written concerning the policies of the EFCC, we found out that none of the Scholars said anything on whether EFCC with the application of those policies, reduced corruption in Nigeria. It is therefore the task of this work to focus on examining whether political interference in the EFCC’s policies weakened and undermined the EFCC’s effectiveness in reducing corruption between 2003 to 2010.

1.7 THEORETICAL FRAMEWORK

In studying the EFCC, its polices and performances, we adopted the structural-functional analyses, among other theories that are suitable for the study. According to Igwe (2005:429) “the structural-functional analysis was propounded by Talcott Parsons and Robert Merton, while

Almond Gabriel and his associates developed it into a tool of political analysis”. The four characteristics of the political system are as follow:

(i) All political systems have political structure.

(ii) The same functions are performed in political system with different frequencies and by

different kinds of structures.

(iii) All political structures are multi-functional.

(iv) All political systems are mixed system in the cultural sense, that is why they are based on

a culture which is always a mixture of modern and traditional. xix

The principal aspects of the development or transformation of the political system are role or structural differentiation and cultural secularization. Differentiation refers to the processes whereby roles change and become more specialized or more autonomous or whereby new types of roles are established or new structures are created. While secularization of culture is the process whereby traditional orientations and attitudes give way to more dynamic decision- making processes involving the gathering of information, the laying out of alternative courses of action, the selection of a course of action from among these possible courses and the means whereby one tests whether or not a given course of action is producing the consequences which were intended.

Structural-functional analysis helps us to view the society as a system made up of a certain arrangement of parts (structure), which behave (function) in a coordinated and inter- dependent manner to achieve the objectives intended for them by society. The theory can be applied to the analysis of any society irrespective of its ideology, race, history, geography, etc.

Employing the structural-functional analyses helps us to study the institutional structure of the

EFCC, the policies of the EFCC, the functions of the EFCC and, exposes us to understanding the performances of the EFCC in the reduction of corruption. Given that certain structures perform certain functions, the structural-functional analyses will help us understand the structures put in place by the EFCC, and access the EFCC performances in its function of fighting corruption in

Nigeria. Notably, structure in this sense does not necessarily mean buildings rather, it refers to human and material resources entrusted with certain responsibilities.

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1.7 HYPOTHESES This research work will test the following hypotheses:

(a) Political Interference in the EFCC’s Activities Weakened the Fight against Corruption between 2003 to 2010.

(b) Political Interference in the EFCC’s Policies Undermined the EFCC’s Effectiveness in

Reducing Corruption between 2003 to 2010.

1.8 METHOD OF DATA COLLECTION AND ANALYSIS METHOD OF DATA COLLECTION

The method used in carrying out any Social Sciences research depends largely to an extent on the intended objectives. The study of the EFCC, its policies, and corruption demands a critical methodological approach. And this is why we adopted the observational technique as our method of data collection. This implies that in the course of this research, data shall be gathered from secondary sources such as textbooks, newspapers, and documentaries. This method of data collection as adopted will help us to understand other scholars’ contributions on the research work and, as well help us get relevant official documentaries. The use of secondary method of data collection is advantageous because it allows the researcher to have access on areas where he cannot have access to the respondents. This rules out the possibilities of using survey methods like questionnaire, and interview. Another justification for the secondary method is that it makes for easy collection of date stored in government archives, libraries, bookshops, and other documents.

METHOD OF DATA ANALYSES

On the data analyses, we adopted the qualitative descriptive method. This method is adopted due to the simplicity with which it can be used to summarize, expose and, interpret the relationship implicit in a give table, given a qualitative description or explanation to data. Using qualitative descriptive analyses, verbal explanation is given, and according to Asika (1991:118) xxi

“qualitative descriptive analyses is used to verbally summarize the information gathered in the research”. Based on the above, our secondary data shall be analyzed using the qualitative descriptive method.

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REFERENCES

Adeyemo, A. (2010), “Nigeria: Corrupt Politicians- Can EFCC Really Bite?”,,in Thisday , September 6:3. Anugwom, E.E. (2000), Effective Manpower Utilization in the Local Government System: Predicaments and Hopes, Nsukka: A.P. Express Publishers. Asika, N. (1991), Research Methodology in the Behavioural Sciences, Lagos: Longman Nigeria Plc. Belgore, M.A.S. (2007), “The Court Procedure and Justice, Corruption and Politics”, in the Guardian, August 21:2-3. Chambers Dictionary (2006), New Delhi: Allied Chambers.

Economic and Financial Crimes Commission Establishment Act (2002), Lagos: the Federal Government Press. Economic and Financial Crimes Commission Amended Act (2004), Lagos: the Federal Government Press. Egbulefu, T. (2011), “EFCC: the Eagle Eye, the Eagle Claw”, http://www.efccnigeria.org .Retrieved on 28/2/2011 . Enweremmadu, D.C. (2010), Anti Corruption Policies in Nigeria under Obasanjo and Yar’Adua: What to do After 2011, Abuja: Friedrich-Ebert – Stiftung Publications. Igwe,O. (2005), Politics and Globe Dictionary , Aba: Amadi Printing Press Ltd.

Ikejiani-Clark, M. (1995), “Corruption in Nigeria” in Onuoha, J.I. and Ozioko, J.O.C. (eds) Contemporary Issues on Social Sciences, Enugu: Acena Publishers. Nwabueze, B. (2007), How President Obasanjo Subverted Nigeria’s Federal System, Ibadan: Gold Press Ltd. Odey, J.O. (2001), The Anti-Corruption Crusade: the saga of a Crippled Giant, Enugu: SNAAP Press Ltd. Onwudiwe, (2009), “EFCC and Plea Bargain Issues in Nigeria: Matters Arising”, http://nigeriaworld.com/feature/publication/ubochi/080808.html.Retrieved on 8/1/2011. Waziri, F. (2009), “Corruption and the Rule of Law”, a Paper Presented at the 16 th Common Wealth Law Conference 2009 (CLC 2009) 5 th – 9th April, 2009 at the Hong Kong Convention. http://www.efccnigeria.com.Retrieved on 8/1/2011.

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CHAPTER TWO: THE INSTITUTIONAL STRUCTURE OF THE EFCC

2.1 HISTORY OF THE EFCC

Ever since Nigeria’s First Republic collapsed in January 1966 amid allegations of massive corruption, the fight against corruption has developed into an important public policy issue; hence, steps have been taken towards a corruption free society in Nigeria. President

Obasanjo is not the first Nigerian leader to declare war on corruption. Before him, President

Shehu Shagari initiated an Ethical Revolution and even set up the Public Complaints

Commission under the leadership of Alhaji Maitama Sule, to fight corruption in the public sector. However, the soldiers who threw Shagari out partly because he allegedly condoned corruption, jettisoned his soft approach against the monster. Instead, the new Head of State

General Muhammadu Buhari used the War Against Indiscipline to deal with the scourge.

According to Mohammed (2005:1):

while many were tried and given stiff sentences by Tribunals whose methods were at best controversial many more languished in detention without trial”. Later, Buhari’s fight against corruption suffered criticisms, as the perception soon spread that his was more of a persecution of the political class and less of an honest crusade against corruption. General Ibrahim Babangida, Buhari’s Army Chief who threw him out in palace coup, used Buhari’s harsh methods partly to legitimize the coup. He then quashed Buhari’s long jail sentences and released those detained without trail. This plus the reputation he soon acquired of using the carrot rather than the stick to neutralize political adversaries created the impression that the self-styled Military President was a master, as his was the use of persuasion rather than force to change the attitude of Nigerians through the creation of the Mass Movement for Social Justice, Self Reliance and Economic Recovery (MAMSER).General Abacha, who ruled the country for five years after Babangida, never formally declared war on corruption. He however, established the National Economic Intelligence Commission which preceded the Economic and Financial Crimes Commission (EFCC). He also enacted laws on failed banks and against money laundering. Laws which helped in great measure to sanitized the highly opaque financial sector. xxiv

From the above, it is obvious that the war against corruption did not begin with President Obasanjo. According to Enweremmadu (2010:4-5):

Obasanjo set up the Independent Corrupt Practices Commission and, the Economic and Financial Crimes Commission (EFCC), the first to deal essentially with corruption in the public sector, and the second to deal mainly with corruption in the public and private sectors. The elevation of corruption to an urgent national issue by Obasanjo was itself motivated by a combination of some domestic and global developments.At the domestic level, Obasanjo’s anti- corruption drive was propelled by an unprecedented disclosure of evidences of corruption perpetrated by his immediate predecessors especially the late General Sani Abacha, who ruled Nigeria from 1993-1998. After his death in 1998, his successor, General Abdusalami Abubakar launched a probe into his financial dealings. These investigations uncovered large evidences showing that Abacha and his collaborators had diverted billions of dollars in public funds into several local and overseas bank accounts, while also corruptly acquiring choice properties in many locations within and outside the country. Public call for a strong anti-corruption stance by the newly elected civilian government was further fuelled by the caution with which General Abubakar treated those indicted by his probe. Apart form seizing a few assets held within Nigeria, publishing a list of dozens of foreign bank accounts used to stash looted funds and writing letters to some foreign governments urging them to support efforts to recover assets kept within their territories, the regime refused to undertake any serious anti-corruption measures. It made little or no tangible effort in recovering Abacha’s estimated $4-6 billion overseas assets. Also, the issue of corruption by other past regimes, including assets looted under those regimes, was never raised. More worrisome, through out his tenure in office, the Abubakar regime resisted public pressures to put any member of the Abacha government on trial for corruption, because ‘there was no evidence of sufficient strength’ to try anyone. At the global level the war against corruption was motivated by a genuine desire to correct Nigeria’s frequent appearance at the top of the table of the world’s most corrupt nations. Between 1999-2003, Nigeria occupied either the 1st or 2 nd position in Transparency International’s Survey of the most corrupt countries of the world (the Corruption Perception Index). This became not only a source of personal embarrassment to Nigerian officials travelling overseas, especially President Olusegun Obasanjo who was himself one of the founding members of Transparency International, but also an obstacle to the xxv

government’s much desired goal of reconciling Nigeria with the International Community, after many years of diplomatic isolation, of securing debt forgiveness and much needed foreign investment. To make matters worse, International Community became increasingly concerned about lack of good governance and its consequences in developing countries. As a result, the Obasanjo government was placed under international pressure and threats of sanctions, to implement measures against corruption and other forms of financial crimes. The Nigerian government was also promised some benefits if reforms were implemented. This included a possible debt write-off which materialized when the Paris Club wrote off $18 billion, representing 60% of Nigeria’s debt, in early 2005.

2.2 ESTABLISHMENT OF THE EFCC

The EFCC was established by the National Assembly in 2002 under the EFCC Act of

2002; while there was an amendment of the Act in 2004. Section 5 of the EFCC Act 2002, stipulates the following as the functions of the EFCC:

(i) The investigation of all financial crimes including advance fee fraud, money laundering and

counterfeiting, illegal charge transfers, market fraud, fraudulent encashment of negotiable

instruments, computer credit card fraud, contract scam etc.

(ii) The coordination and enforcement of all economic and financial crimes laws and

enforcement functions conferred on any other person or other authority.

(iii)The adoption of 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.

(iv) The adoption of measures to eradicate the Commission of economic and financial crimes.

xxvi

Section 6 of the EFCC’s Act confers the EFCC such special powers as to enforce:

(a) The money laundering Act 1995.

(b) The Advance Fee Fraud and other Fraud related offences Act 1995.

(c) The Failed Bank (recovery of debts) and Financial Malpractises in banks Act 1994 as

amended.

(d) The Banks and other Financial Institution Act 1991 as amended.

(e) Miscellaneous offences act.

(f) Any other law or regulations relating to economic and financial crimes.

(g) Cause investigations to be conducted as to whether any person has committed offence

under this act.

(h) With a view to ascertaining whether it has been in offences under this Act, or in the

proceeds of any such offences, cause investigation to be conducted into the properties of

any person, if it appears to the commission that the person’s lifestyle and extent of his

properties are not justified by his source of income.

In terms of its organization and for the effective conduct of the functions of the

Commission, section 11 of the Act 2002 established the following units:

(a) The General and Asset unit.

(b) The Legal and Prosecution unit.

(c) The Research unit

(d) The Administrative unit.

(e) The Training unit.

xxvii

While section 7 of the Act stipulates that the members of the Commission include:

(a) The Chairman

(b) The Governor of the Central Bank of Nigeria or his Representative

(c) A Representative each of the following Federal Ministries not below the Rank of a

Director.

(i) Foreign Affairs

(ii) Finance

(iii) Justice

(d) The Chairman of National Drug Law Enforcement Agencies.

(e) The Director-General of:

(i) The National Intelligence Agency

(ii) The Department of State Security Service

(f) The Director-General of the Securities and Exchange Commission.

(g) The Commissioner of Insurance.

(h) The Postmaster-General of Nigeria Postal Services

(i) The Chairman Nigerian Communications Commission.

(j) The Comptroller-General Nigeria Customs Services

(k) The Comptroller-General Nigeria Immigration Services. xxviii

(I) A representative of the Nigeria Police Force not below the rank of an Assistant Inspector-

General of Police.

(m) A Director-General who shall be the Head of Administration.

(n) Four eminent Nigerians with cognate experience in any of the following: finance,

banking, or accounting. (Federal Republic of Nigeria Official Gazette: the EFCC

Act,2002).

xxix

REFERENCES

Economic and Financial Crimes Commission Establishment Act (2002), Lagos: Federal Government Press. Enweremmadu, D.U. (2010), Anti Corruption Policies in Nigeria under Obasanjo and Yar’Adua: What to do after 2011, Abuja: Friedrich-Ebert – Stiftung Publications. Haruna, M.(2005), “Obasanjo, Ribadu and Corruption Crusade”, http://nigeriaworld.com/feature/publication/ubochi/080808.html.Retrieved on 8/1/2011. xxx

CHAPTER THREE: AN OVERVIEW OF THE ANTI-GRAFT POLICIES OF DIFFERENT REGIMES IN NIGERIA.

3.1 ANTI –GRAFT POLICIES UNDER THE MILITARY REGIME IRONSI/GOWON’S REGIMES: 1966-1975.

Major-General J.T.U Aguiyi-Ironsi became the Head of State and Commander- in-Chief

of the Armed Forces in January, 1966; after a military coup, General Yakubu Gowon took over

leadership from Aguiyi-Ironsi on 29 th July, 1966. However, before the ousting from office, the

Ironsi administration had instituted a Commission of Inquiry into the affairs of government

Parastatals: the Nigeria Railway Corporation, the Electricity Corporation of Nigeria, the Nigeria

Airways and the Nigeria Ports Authority. The findings of the Commission confirmed that the

Nzeogwu’s military coup was, indeed, a rescue mission to salvage the nation from the seeming

graft of the political class. From these government establishments came reports of misuse of

power, interference in the award of contracts, favoritism, misallocation, embezzlement of funds

and inflation of costs.

These revelations constrained General Gowon to institute the public officers

(Investigation of Assets) Decree No.5 of 1966, enforcing the forfeiture of corruptly acquired

assets. Preoccupied with mechanisms for reducing tensions and communal clashes in the

country, which manifested in the creation of more States in the Federation, not much came out

of that objective to curb corruption which spilled over from the First Republic. In fact, there

were glaring cases of corrupt practices and lack of accountability on the part of State Military

Governors and Federal Bureaucrats especially the so-called ‘Super Permanent Secretaries’.

xxxi

Gowon’s tenure witnessed an unprecedented rise in corruption in the country’s body polity, nurturing a coterie of powerful Nigerian millionaires, the veritable fat cats. Dudley(1982:80-81) states that:

In 1966/67, the total revenue was just about £170 million. By 1974/75 that figure had risen to the astronomical figure of N 5514.7 million but that rise was barely reflected in the quality of life of the average Nigerian. In contrast, however, the military governors, commissioners and those closely associated with the regime were not only believed to have amassed huge fortunes, they in fact flaunted their wealth in a manner which most people found extremely distasteful. A commission of enquiry set up to investigate the assets of the principals of the regime found that only two of the twelve military governors could be claimed not to have illegally enriched themselves. Before the collapse of the regime one of Gowon’s civilian commissioners had been obliged to resign as a result of allegations of corruption made against him. A military governor had an affidavit sworn against him alleging gross abuse of office and gross corruption (and there were plans to have other affidavits sworn) yet Gowon pronounced him innocent of the numerous charges made against him, and though the allegations were subsequently proved to be true, the man who swore the affidavits was arrested and detained in prison without any trial, only to be released after the coup. Not only that the regime was shown to be corrupt; its management of administrative affairs was also inept; in 1973/74, the administration contracted for the supply of 20 million tons of imported cement (demands by the Ministry of Defence alone accounted for 16 million tons) which was ten times the known handling capacity of the Nigerian ports. (the total demand by all African states was estimated at 30 million tons). By late 1974 there were over 450 ships linden with cement waiting to berth, and the government was having to pay over 500,000 dollars a day in demurrage charges, and this at a time when the country was short of much-need imported food items, a shortage which contributed to a steadily worsening domestic inflationary situation (estimated to be rising at over 34 percent per annum). This is hard to believe at a time when despite the oil boom, workers take home pay was nothing to write home about .

xxxii

According to Uju (2002:114-115):

there are many examples of the extent of greed among the officials of the Gowon regime. One example was the case of Mr. Ukpabi Asika as reported by New Nigeria of December 3, 1975 during his tenure in office had acquired the following property illegally: (a) Bladi Court, Warri valued at N 120,000; (b) Plot R, in the GRA, Onitsha, valued at N 76,000; (c) an apartment, 1229 La Torre, in Spain; (d) another property in Spain, 9 Torrenmeloes Spain; (e) a house, 6 Mayohaung Road, GRA Kano; (f) undeveloped land in Burutu, Lagos, Enugu and Onitsha; (g) Shares in Glaxo and Mid- Diversified Investment Ltd; (h) Plot 11, Aba Industrial Estate; (i) Plot 8/15 Block 25 New Haven Layout, Enugu; (j) property at 17 Abakiliki Road, Enugu; (k) a house at 2old Cemetery Road, Onitsha. The point here is that at that time, no Nigerian could earn such a huge salary that would afford him all these. Asika was not alone, some others had even more than his.

MURTALA MOHAMMED/OLUSEGUN OBASANJO’S REGIME: 1975-1979. On the 29 th of July, 1975, the Murtala Muhammed/ Obasanjo Regime came to power. In a sweeping move, Murtala launched a frontal, aggressive and ruthless attack against corruption which had devastated the Gowon regime for nine years. With the instrument of the Corrupt

Practices Decree of 1975, as his legal framework, General Murtala went into action. In an inquiry instituted by him soon after he came to power; all the military governors of the Gowon regime, except two namely, Brigadier Mobolaji Johnson of Lagos state and Oluwole Rotimi of

Western State, were found guilty of corruption and dismissed. They equally forfeited the property they had acquired with their loots ( Chuta 2004:24).The impacts of Murtala’s anti- corruption measures were soon felt all over the country. There was general redeployment of officers, both military and public and also retirement of redundant and indolent staff. Records of public officers were raked up and investigated. Those were found tainted with the virus of corruption and were dismissed instantly; this was a first-time clean-up which shook the nation xxxiii to its very foundations. For six months, the climate of ethics changed and everybody was compelled, willy-nilly, to sit up.

Achebe ( 1983:37 ) noted that “for the first time, civil servants in Lagos were found on seat at seven-thirty in the morning, even the go-slow traffic that had defeated every solution and defied every regime vanished overnight from the streets”. Indeed, as if in a flash, bribery and corruption seemed to have died out temporarily. But unfortunately, his successor General

Obasanjo did not sustain the legacy of Mohammed as the regime institutionalized corruption in

Nigeria by promulgating Decree No.2 of 1976, (Public Officer’s Protection Against

Accusation). The regime of General Obasanjo saw a rise in corruption, as it was during his tenure that N2.8billion oil money got missing from the Nigeria National Petroleum Corporation

(NNPC) account. Thanks to the Justice Ayo Irikefe probe panel,which believed in ‘let the sleeping dog lie’. The Justice Ayo Irikefe probe panel, covering up the misdeeds of that regime

(Ugwuoke, 2006:27). Corruption lingered during the Obasanjo’s regime and the Shehu Shagari continued the trend.

BUHARI/IDIAGBON’S REGIME: 1983-1985

According to Ogbonnia (2008:1) The Buhari/Idiagbon regime saw indiscipline as a dominant virus responsible for the fast decaying system; it launched the War Against Indiscipline (WAI) as its main plank for fighting fraud, corruption, squander mania, abuse of office and graft. It was an ethical revolution aimed at inculcating in every Nigerian the abhorrent attitude towards corruption and economic sabotage. Hopes were raised when the Buhari government took the bold step of arresting a number of State Governors and Commissioners in the previous administration led by Shehu Shegari, and brought them before Tribunals. Many of the accused persons were found guilty of corruption, and were sentenced to as many as one hundred calendar years in prison and, all the accounts of politicians which were found questionable were frozen xxxiv

The Buhari/Idiagbon regime proved to a reasonable extent, to be a reformist regime as not much

was heard of the usual undisguised and indiscriminate looting of public funds. Meanwhile under

the Buhari/Idiagbon regime, the task of fighting corruption was not easy and, before the regime

could grapple with the situation, the General Ibrahim Babangida coup took place and replaced

the regime. The Buhari/ Idiagbon regime gave zero tolerance to corruption though the regime

was short-live. According to Haruna ( 2005:1) “General Babangida used Buhari’s harsh method

to legitimize the coup, quashed Buhari’s long jail sentences and, released those detained without

trial as well as, recalled sacked military officers including General Gassau”.

IBRAHIM BABANGIDA’S REGIME: 1985-1993.

Assessing the eight year tenure of General Babangida as Head of State, Dauda (1997:74) states that:

the Babangida years are historic because they marked the beginning of the institutionalization of authoritarianism, intensification of prebandist tendencies, patronage, and corruption within the state apparatuses. During Babangida’s regime, the Nigerian public office holder was emboldened to ride on his corruption chariot and also became immune to official threats. His anticipation of a punishment for corruption turned out to be “like Christ’s second coming, much talked about but always somehow in the future. It was Pius Okigbo the Chairman of a Panel of Enquiry set up by General Sani Abacha in 1995 to review the activities of the Central Bank of Nigeria (CBN) that let the cat out of the bag.

According to Okigbo while submitting the report of the panel:

of the 12.4 billion dollars that went into the report of the dedicated account when Babangida was in charge, 12.2 billion dollars much of which was a windfall from the Gulf War, was spent on what could never be adjudged a genuine high priority nor truly regenerative investment … Babangida and Addul Kadir Ahmed, the Governor of Central Bank, accounted to no one for these massive extra-budgetary expenditure (Ugwuoke,2006:32). xxxv

Despite launching the Movement for Social Justice, Self Reliance and Economic

Recovery (MAMSER), aimed at inculcating the correct values and the spirit of civic responsibility and patriotism, Babangida started the sabotage in the oil sector. In order to make smooth business which brings huge amounts of money, the refineries across the country were made not to be in operation continuously. Any Managing Director who did not compromise was thrown out of his job. A good example was that of ‘Aret Adams’ who was relieved of his duty because he refused to be manipulated by Babangida ( Ugwuoke, 2006:33). The height of corruption that saw him out office in 1993 was the annulment of the June 12, 1993 presidential election.

ABACHA’S REGIME: 1993-1998

Judging from the theoretical platform on which General Abacha launched his war against corruption, one would, without equivocation, commend him for his good intentions. He set up the National Orientation Agency (NOA), established the National Economic Intelligence

Commission (NEIC), enacted laws on failed banks and money laundering to help sanitize the highly opaque financial sector (Haruna, 2005:2) Despite all that General Abacha set forth as his blue print to deal with corruption, his regime was noted to have incurred the worst corruption in

Nigerian history. According to Jibrin Ibrahim (2003:2) “The Abacha regime was not just a continuation of Babangida regime, it signaled a qualitative transformation of the Nigerian state into a fully criminalized and indeed, rogue-state”. Chuta (2004:33) stated the ill-gotten funds and property belonging to Abacha himself, members of his family, as well as those of his cronies are as follow:

xxxvi

In Abuja seven choice property…. along with a high rise building in Victoria Island, Lagos. The cash recovered from him included US$625,263,187.19, €75,306,886.93 and, N100,000,000 , together with 30% shares of the West African Refinery in Sierra Leone worth US $420,000. Between Abacha’s son Mohammed and his brother, Abdulkabir, the government recovered up to N346, 000,000. As for Abacha’s security Adviser, Ismaila Gwarzo, the Federal Government took possession of 13 properties located in Abuja, Kano and Zaria, as well as cash worth almost N400,000,000 and US $2,000,000. Tables 1 and 2 below show the looted money under the military discovered in foreign banks and, the worth of individual loots in naira.

TABLE 1: LOOTED MONEY UNDER THE MILITARY AND DISCOVERED IN

FOREIGN BANKS

NAMES OF LONDON SWISS USA GERMANY DEPOSITORS

Gen. Ibrahim ₤6.256b $7.41b $2.00b Dm9.00 Babangida

Gen. Atiku ₤1.31b $2.33b $8.00m - Abubakar

Real. Admiral ₤1.24b $2.42b $671m - Mike.Akhigbe .

Gen. Jerry Useni ₤3.04b $2.01b $1.01b -

Alj. Ismalia Gwarzo ₤1.03b $2.00b $1.30b Dm1b

Alj.Umaro Dikko ₤5.01b $1.4b $700m -

Paul Ogwuma ₤300m $1.142b $200m Dm700m

Gen.Sani Abacha ₤600m $4.09b $800m Dm345m xxxvii

Mohammed Abacha ₤400m - - Dm500m

Abdukadir Abacha ₤1.12b $1.2b $150m Dm3.01m

Alj. Wada Nas ₤2.5b $1.21b $900m Dm535m

Tom Ikimi ₤600m $1.32b $153m Dm471m

Dan Etete ₤2.9b $1.39b $400m Dm300m

Dan Etiebet - $1.03b $700m Dm371m

Maj.AlMustapha ₤2.3b $1.06b $360m Dm1.72m

Tony Anenih ₤700m $1.001b $161m Dm361m

Bashir Dalhatu ₤300m $1.09b $700m Dm1.66m

Alh.Hassan Adamu ₤120m $200m - Dm1.42b

Gen.T.Y. Danjuma - $1.02b - -

Gen. Ishaya Bamiyi - $800m - Dm190ms

Source: Corruption in Nigeria: Critical Perspectives by C.O.T. Ugwu (2002:124)

xxxviii

TABLE 2: THE WORTH OF INDIVIDUAL AMOUNT LOOTED IN NAIRA

NAME AMOUNT LOOTED (N)

Ibrahim Babangida N2462.35 billion

Atiku Abubakar N493.85 billion

Mike Akhigbe N549.645 billion

Jerry Useni N805.9 billion

Ismalia Gwazo N517.0 billion

Umaro Dikko N894.65 billion

Paul Oguwma N53.00 billion

Sani Abacha N1218.137 billion

Mohammed Abacha N210.7 billion

Abdulkadir Abacha N338.42 billion

Wada Nas N237.4 billion

Tom Ikimi N252.553 billion

Dan Etete N327.43 billion

Dan Etiebet N567.47 billio n

Al -Mustapha N199.793 billion

Anthony Anenih N688.95 billion

Bashir Dalhatu N 555.49 billion

Gen. Wushishi N 228.695 billion xxxix

Hassan Adamu N 130.5 billion

T.Y Danjuma N 342.7 billion

Ishayi Bamayi N 94.0 b illion

Total N1.130657 trillion

Source: Corruption in Nigeria: Critical Perspectives edited by Dr. C.O.T.Ugwu (2002:125)

Table 1 and 2 show that the military and their cronies indeed did the country

much disservice for roughly 30 years.

3.2 ANTI-GRAFT POLICIES UNDER THE CIVILIAN REGIMES SHEHU SHAGARI’S REGIME: 1979- 1983

The Shehu Shagari’s regime introduced the Ethical Revolution and set up the Code of

Conduct Bureau in 1981, as his blueprint for bringing about change in the Nigerian state. But in

spite of these lofty ideals and dreams about the future of Nigeria, Shehu Shagari’s regime turned

out to be one of the most turbulent governments that Nigeria has ever had. Within the first three

years of the Second Republic, political violence and intolerance escalated in many parts of the

country. Religious violence shook the country and threatened its stability. Notable among these

disturbances were the Maitasine riots, the first of which erupted in Kano in December, 1980.

Moreover, corrupt practices, graft, lack of accountability by the political class and patrons

greatly eroded the shaky legitimacy of the regime, and made mockery of the avowed intention of

the Ethical Revolution of the regime. Some officials of the National Party of Nigeria (NPN), the

ruling party, received huge sums of money in both Nigerian and foreign currencies as kick-backs

to award contracts to construction firms. It was also in the regime that the Audit Department of

the Abuja Development Authority and the Nigerian External Telecommunications were burnt xl down in 1983, in order to cover up the embezzlement of hundreds of millions of naira in those establishments (Ademolekun,1985:105).Corruption had become so pervasive and had been given official recognition, to the extent that the disappearance of the sum of N200 million as supplementary allocation to state governments, for the payment of overdue salaries was dismissed simply as owing to ‘change of hands’. According to Okadigbo (1987:137) “the corrupt man is every where, the man on the street, the man next door, the man in the church, or mosque, the man in the market, or the department store, the policeman on beat patrol, the soldier at the check point”. The Shehu Shagari’s regime was overthrown, as the military struck on 30 th

December, 1983, to check further decline.

OBASANJO’S REGIME: 1999-2007

The Obasanjo’s regime had instituted the anti-corruption campaign with its coming to power in 1999; the government gave legal backing to that through the Anti-corruption Act. First was the establishment of the Independent Corrupt Practices and other related offences

Commission (ICPC), and the Economic Financial Crimes Commission (EFCC) as agencies vested with powers to investigate and arraign those indicted over corruption and financial crimes before the court of law. Creating institutions however, does not ensure effective fight against corruption. According to Mike Stevens, “far from lacking institutions to fight corruption, the strength for the fight against corruption is largely determined by political will of all stakeholders particularly those vested with governance” ( see Sani, 2000:12) . Under the Obasanjo’s regime,

Nigeria was again greeted with a number of incidences of corruption. Among the financial scandals in 1999, was a sum of N850,000 (about S6,000), which was allegedly paid to some

Senators in exchange for their votes for Evans Enwerem, President Obasanjo’s choice as Senate

President. The Senators had favored Chuba Okadigbo (Vanguard ,August 12,2000:18). The xli scandal kicked off what has since become the hallmark of the national legislature. Incidentally, neither ICPC nor EFCC had been established then but of course the nation had already been washed by the President’s proclamations, of his war against the same vice (corruption), which he initiated by this single action.

Following the passage of the ICPC bill in June 2000, the nation was again greeted with a number of incidences of corruption. This include: the Identity (I.D) card scam, which involved the late Minister of Internal Affairs, Sunday Afolabi and some Permanent Secretaries, Akwanga and others. The amount involved in that scam was about N 81.4 billion. The Julius Makanjuola’s trial and the withdrawal by ‘noelle prosequi’ by the Attorney General was the outcome of the case of the then Permanent Secretary and Minister of Defense who had embezzled over N 400 million. While the case of Makanjuola had been dropped without any cogent reason to the nation

(other than he is Obasanjo’s cousin), that of the Identity card scam for several years had remained inconclusive since the death of the chief culprit. Indeed, reports of fraudulent financial transactions in the legislative houses at Federal, State and Local Government levels have remained unprecedented in the history of the nation (Guardian December 13,2003:B2).

Embarrassingly too, Senators and members of the House of Representatives were equally known to have engaged themselves in physical confrontation over sharing of money. In October, 2004,

Isa Mohammed, a Senator from Niger State slapped Iyabode Anisulowo, his female colleague from Ogun Senatorial District over the management of money allocated to the Senate Committee on State and Local Government. Barely one week after that ugly incident, Iquo Inyang and

Emmanuel B. Wacha repeated that slapping episode though, this time the slap came from the counter-part. The problem however, remain the inequitable sharing of their loot (Ugwuoke

2006:56). xlii

Also in April 2005, there were reported cases of money being paid into the account of

Senators by an unknown creditor. The National Assembly source stated that there had been occasions when the Executive had tried to influence the job of the legislature. Further, it was stated that “after they had been coerced into passing the Commonwealth Heads of Government

Meeting (CHOGM), they discovered that their accounts had been credited with 250,000 naira each. How this money came about nobody could tell. There was another “occasion they discovered 1000,000 naira each in their accounts” (Sementari, in Tell Magazine , April 11,

2005:25). Obasanjo’s administration, with its Anti-corruption Agency (EFCC), had looked the other way against all the public demands that the former Works Minister Anenih, should be probed for squandering over N 300 billion (US $2.25) meant for federal road construction and maintenance. No work was done throughout the period. The former Minister, rather than being investigated was promoted to the Chairman Board of Trustees of the ruling party Peoples

Democratic Party (PDP). This act elevated corruption to an acceptable level by the President and his party. (Ugwuoke, 2006:57)

In another related event, the privatization programme carried out by the Bureau of Public

Enterprises and National Council on Privatization, resulted in huge financial misconducts. The culprit in this case was El- Rufai and all efforts from several quarters including the National

Assembly, to probe El- Rufai for the Privatization scandal in NITEL Pentascope deal, Ajaokuta

Steel, Debt Buy Back and Sheraton Hotel, yielded no result. It should be noted that the losses incurred in these deals ran into billions of naira. Despite all these scandals “EL-Rufai is still the apple of the President’s eye”. ( The Comet, March 31, 2005:6). According to Adeyemo (2010:2):

Intelligence report revealed that 26 out of 36 state governors among other top government officials had been laundering money abroad. For the first time, the EFCC in collaboration with the xliii

National Intelligence Agency undertook an investigation of the State Governors of laundering and embezzling millions of dollars. Their findings revealed that eight (8) out of the twenty-six (26) identified had become stupendously wealthy with huge investment in Nigeria and overseas. These eight governors who became the focus of investigation were; Orji Uzor Kalu, Obong Victor Attah, Diepreye Alamieyeseigha, Alli Modu Sheriff, James Ibori, Lucky Igbinedion, Bola Tinubu and Peter Odili. Suffice it to mention here that the only high profile case which had yielded results by the

EFCC/Obasajo’s Anti-corruption campaign was that of former Inspector General of Police, Mr.

Tafa Balogun; the former Senate President, Adolphus Wabara; former Governor of Bayelsa state,

Diepreye Alamieyeseigha; and former Minister of Education, Professor Fabian Osuji respectively. The anti-graft policies of the Obasanjo’s regime were inherited by the

Yar’Adua/Jonathan administration 2007-2011.

From the foregoing, it is obvious that the political will, tenacity of purpose, moral foundation and, stamina was not present on the part of the regime in order to deal decisively with the issue of corruption. Obasanjo himself was not exonerated in various allegations. For instance, the United States District Court in Portland, Oregon in 2006 announced that after thorough investigation, it seized money believed to have been laundered by President Obasanjo’s Senior

Personal Assistant on Domestic Affairs. It was reported that large sums of foreign currency was seized from Mr. Uba who was alleged to have smuggled money into the United States using the

Presidential Jet. According to the investigation by the United States Secret Service, the sum of

$170,000 (about N25 million at the time) was among the laundered batch of monies smuggled into New York on September 22, 2003 aboard the Nigerian Presidential Jet without the United

States Customs and Border Protection knowledge as required by law .

Uba allegedly: xliv

handed the money to one Lauretta Mabinton, who claimed in court documents that the Presidential Aide was her fiancé and that he gave her the money to take care of his affairs in the United States. Part of the money, $45,487.28 (about N6.5 million) was said to have been used to pay Mabinton’s MBNA credit card account, which was deployed to purchase assorted farm equipment that were shipped to Obasanjo’s farms in Ota, Ogun State (www.dawodu.com/iyanda3.htm ). Further, Obasanjo had other corruption charges trailing him. In 2006, the Chairman of the

Transnational Corporation, Dr. Ndi Okereke Onyiuke confirmed speculations “that President

Obasanjo held equity share in the company. The President owned between 200 million to 600 million shares in Transcorp” (www.dawodu.com/ayabolu14.htm). This is clearly an abuse of office. Other allegations of corrupt practices are as follows:

(a) The establishment of the N6.5 billion Presidential Library by Obasanjo in his home town,

Abeokuta, Ogun State with monies collected from members of the public as the President of

Nigeria and currently, the library is being run as his private business.

(b) His establishment of the Bells University of Technology, estimated to worth a conservative estimate of N40 billion.

(c) The resuscitation and expansion of Obasanjo’s farms in Ota, Ogun State and in various parts of Nigeria into multi-billion naira establishment.

(www.leadershipnigeria.com/pro...ducts_id=8173)

The above are evidence that Obasanjo used public office for primitive accumulation of wealth, as well as showed that the EFCC was actually established by Obasanjo to protect his lootings and, prevent his enemies from looting. This is because, the EFCC cannot claim not to be aware of the massive wealth and property acquired by Obasanjo as the President of this country, and still, the agency has remained quiet, while Obasanjo is being celebrated and moves about his businesses without fear. xlv

REFERENCES

Achebe, C. (1983), The Trouble with Nigeria, Enugu: Fourth Dimension Publishers. Ademolekun, L. (1985), The Fall of the Second Republic, Ibadan: Spectrum Books Ltd. Adeyemo, A. (2010), “Nigeria: Corrupt Politicians – Can EFCC Really Bite?”, in Thisday , September 6:3. Chuta, S.C. (2004), Corruption in Nigeria , Nsukka: Afro-Orbis Publications Limited. Dauda, A. (1997), “The Rise and Fall of the First and Second Republic”, in (ed) F.U.Okafor New strategies for Curbing Ethnic and Religious Conflict in Nigeria, Enugu: Fourth Dimension Publishers. Duddley, B. (1982), An Introduction to Nigerian Government and Politic,. London: Macmillan Press Ltd. Editorial, (2000), “Corruption Earthquake in the Senate” in the Vanguard, August 12:18. Editorial, (2007), “The Tussle for Power between Ribadu and Aondaaka”, in the Nation, December 8:19. Editorial, (2007), “The Fight over the Trial of the Ex-Governors”, in the Punch, September 18:12. Ezereonwu, J. (2003), “National Identity Card: One Project, Many Scandals” in the Guardian December 13:B2. Haruna, M. (2005), “Obasanjo, Ribadu, and Corruption in Nigeria”, http:nigeriaworld.com. Retrieved on 8/1/2011. Jibrin, I. (2003), “Corruption in Nigeria: Transition, Perspective and Continuity”, Journal of Nigeria Social Scientist Vol. 6 No. 2. Ogbonnia, S.K.C (2008), “Corruption, Opposition and the Ribadu Experience”, http://nigeriaworld.com/feature/publication/ubochi.Retrieved on 28/1/2011. Sani, T. (2000), “Corruption: the Bane of Nigerians’ Problem”, http://www.gamji.com/article 400/news4491.Retrieved on 15/2/2011. Okadigbo, C. (1987), Power and Leadership in Nigeria, Enugu: Fourth Dimension Publishers. Public Officers Protection Against Accusation (1976), Lagos: Federal Government Press. Rahman, O.(2005), “Intricacies of Obasanjo’s Anti-Corruption War”, in the Comet, March 31:6. Sementari, (2005), “Money Paid into the Accounts of the Senators”, in the Tell Magazine, April 11:25. xlvi

Ugwu, C.O.T. (2002), Corruption in Nigeria: Critical Perspectives, Nsukka: Chuka Educational Publishers. Ugwuoke, D. A. (2006), EFCC and Anti-Corruption Struggle in Nigeria: A study of Obasanjo’s Regime, 1999 – 2005, a Researched Work Submitted to the Department of Political Science, University of Nigeria, Nsukka, for the Award of Bachelors of Science Degree. Uju, J.O.R. (2002), “The Military and Corruption in Nigeria” in (ed) C.O.T. Ugwu Corruption in Nigeria: Critical Perspectives, Nsukka: Chuka Education Publishers.

xlvii

CHAPTER FOUR: EFCC’S POLICIES, PERFORMANCES AND CHALLENGES

4.1 THE EFCC UNDER NUHU RIBADU

The ICPC was constrained by the limited coverage of its Act, which provided that ICPC can only investigate corruption involving public officers. These corrupt acts must have also occurred after the inauguration of ICPC, not before. However, the EFCC is endowed with wider power and responsibilities which include: conducting investigations of crimes of financial and economic nature, including corruption, money laundering, advance fee fraud or 419, bank fraud etc, whether in the public or private sector; and arresting and prosecuting the perpetrators of such crimes (EFCC Act 2002:5). The EFCC under Nuhu Ribadu adopted the Confrontational policy/approach to corruption .This approach which may be described as having been adopted for political witch hunting. According to Anyanwu ( Sunday Sun , May 11,2008:5):

Between April 2004 and June 2006, EFCC recovered over $5billion (or 725 billion Naira) from financial criminals both in form of cash and assets. The proceeds from the recovery were returned to individuals who have been defrauded or to the public treasury, in the case of assets seized from corrupt officials or private companies who had defrauded the government in such areas as tax evasion or contract inflation. The EFCC’s superior achievement under Nuhu Ribadu was even more glaring in the area of criminal investigations, prosecution and convictions. Between 2004 – 2006, the EFCC arraigned more than 300 persons and won a total of 92 convictions. By 2007, (January – September) a further 53 convictions were secured, reaching 350 in December 2008. Making reference to the EFCC report card of 2006/2007, it should be noted that “the EFCC in

2006 arraigned 300 persons, convicted 145 persons in 2007 and recovered fund/assets worth N

725 billion as at June 2006” (EFCC, 2007).

What may be described as the achievement of the EFCC under Nuhu Ribadu brought the organization and its leadership a lot of public support but at the same time caused considerable xlviii discomfort among members of the political elite, notably federal legislators and state governors who had supported its creation. There were at least two plausible explanations for the political elite’s initial acquiescence, if not open support, for the creation of the EFCC. One was mounting external pressure. Secondly, the EFCC was not considered as a threat by members of the

Nigerian political class. They simply saw it as a weapon against fraudsters in the banking industry or individuals specializing in Advance Fee Fraud, commonly known as 419 in Nigeria

(Enweremmadu 2010:10). This thinking however proved to be a big mistake. Contrary to the expectation of the political class, the EFCC under Ribadu, made the political leaders, which it correctly identified as the major drivers of corruption, its first and principal target. The activities of the EFCC under Nuhu Ribadu still led to the following: Paris Club debt forgiveness, massive foreign financial grants and flattering commendations to Nigeria.

TABLE 3: NIGERIA’S POSITION IN TRANSPARENCY INTERNATIONAL’S PERCEPTION INDEX.

Year Position Score

2009 130/180 2.3

2008 121/180 2.7

2007 147/180 2.2

2006 142/179 2.2

2005 152/158 1.9

2004 144/145 1.6

2003 132/133 1.4

2002 101/102 1.6

2001 90/91 1.0 xlix

2000 90/90 1.2

1999 98/99 1.6

1998 81/85 1.9

1997 52/52 1.7

1996 54/54

Source :Transparency International Corruption Perception Index:1996-2009

The table 3 above shows that among the countries surveyed by the Transparency International,

Nigeria is ranked among the most corrupt. The recent dropping to nine (9) places from 121/180 to 130/180 in 2009 indicates that corruption is not reducing despite EFCC’s policies.

Another policy under Nuhu Ribadu is the Plea Bargain. The strategy was employed by the Commission under him to punish those who have openly and shamelessly pleaded guilty for selfishly helping themselves with the public and entrusted funds. Under Ribadu, the plea bargain was mentioned during the trials of the retired Inspector General of Police, Mr. Tafa Balogun and some ex-governors who were involved in financial and economic crimes.

According to Belgore (2007:2-3):

In the case of Balogun, he entered a plea bargain in view of his ill health during his trial. He was said to have forfeited money, stocks and property worth 17billion naira in exchange for mitigated punishment. Tafa Balogun’s case was quickly followed by that of D.S.P Alamieyesiegha, former Governor of Bayelsa State. DSP Alamieyesiegha embezzled so much fund and the EFCC entered a plea bargain deal with him. As a result of the deal, he forfeited some of his properties at V &A Waterfront, Cape Town, South Africa, at 32 Amazon Street, Maitama, Abuja, N 1 billion worth of shares in Former Bond Bank, $160, 000 in account number 005482562491 with an American Bank and N105 million in l

account number 201006285006 with former Bond bank. Former Governor Lucky Igbinedion of Edo State was arraigned by the EFCC for looting billions of naira; again in the spirit of plea bargain was asked to pay a paltry sum of N3.5 million and was let off the hook. Though a large number of top public officials, including a handful of former governors, have been charged by the EFCC for corrupt practices, only two senior public officials were convicted by the EFCC under Ribadu for using their positions to enrich themselves. The two were Mr. Tafa

Balogun, former head of the Nigerian Police and Mr. D.S.P Alamieyeseigha, former Governor of

Bayelsa State, both of whom were convicted by the EFCC for corruption and money laundering offences in 2005 and 2007 respectively. The conviction of Mr. Tafa Balogun and Ex-Governor

D.S.P Alamieyeseigha showed that with some political will, the EFCC could still live up to their responsibilities.

However, the EFCC under Ribadu came under a damaging criticism when it was observed that the Obasanjo Administration was employing the EFCC as a weapon for destroying political rivals. This became more noticeable as the Second Term of President Obasanjo drew to a close. The crusade against corruption by the EFCC became an instrument for disqualifying unwanted political aspirants and paving the way for the smooth election of Obasanjo’s chosen candidates into the various elective offices. The best known example was the widely criticized bid to prosecute Obasanjo’s Vice-President, Atiku Abubarkar, and his close political and business associates over allegations of corruption. The political motives in the EFCC’s case against Atiku Abubarkar were underlined by the provisions of section 37 (1) (i) of the Nigerian

Constitution which states that “any person indicted for corruption can not stand in any election in

Nigeria”. The haste with which the EFCC’s Report indicting Atiku Abubarkar was accepted and

Gazette by Obasanjo who was known to be strongly opposed to his participation in the 2007 li

Presidential election was suspicious. This action was taken just few weeks to the election.

Contributing his opinion, Nkemjika, while condemning the acts of former Police Inspector

General Tafa Balogun and the impeached Governor of Bayela State Dr. Diepreye Alamiesiegha, in their totality, stated that:

recent events around the EFCC have clearly shown that it is nothing more than a tool with which the government hunts and persecutes its political opponents, the culprits are mainly those who openly make known their inclination to the Vice-President, Alhaji Atiku Abubakar’s political ambition. Worse still, they are seen as those who are against the President’s Third Term Agenda. Where was the EFCC when Obasanjo was probing the NPA of N 56 billion, while accepting N1 billion, as gift from the same NPA for his library project? Why did the EFCC keep quiet on the case of Olumuyiwa, the 25 year old son of Mr. President who owns a property worth $500,000 in New York? The EFCC is not by any way credible; it is only an instrument of political witch-hunt” (Daily Sun, December12,2006:3). The EFCC had in 2006 announced that 33 out of 36 state governors were being investigated for corruption related offences. Besides, the Agency came out with a list of 135 politicians indicted of corrupt practices, the list included former Vice-President Atiku Abubarkar, Abubakar

Hashidu, Chris Ngige, Peter Okocha, Orji Uzor Kalu, Danladi Baido, Rabui Kwankwaso, Bello

Gwandu, Rotimi Amaechi, Abubarkar Audu, Usman Albishir, Mahmud Shindafi, Ali Modu

Sheriff, Isah Yuguda, Ibrahim Shekarau, and Senator Bola Tinubu and others ( Ribadu 2006:2).

The list was considered to contain the names of those who were opposed to Obasanjo’s bid to stay in power for Third Term. The issue of corruption was the major weapon Obasanjo’s

Administration was using in dealing with the opponents who might have disagreed with him over political beliefs and State policies.

Specifically, the ultimate aim of Obasanjo was to stop the Presidential ambition of Atiku using the EFCC under Ribadu to execute the project through a phony indictment. To underscore lii the argument that EFCC then was used as a tool of political persecution, Obasanjo had while flagging off the PDP campaign in Akure, the capital of Ondo State in 2006, declared that Dr.

Olusegun Mimiko (former Housing Minister, now Governor of Ondo state, refused his entreaties to support Governor Olusegun Agagu for Second Term, and he then threatened him with EFCC arrest. The statement according to Adeyemo (2009:3) “was an indication that EFCC under

Ribadu was nothing but a willing tool in the hands of Obasanjo”. Therefore, all those who appeared on the corruption list of EFCC, many were those who disagreed politically with

Obasanjo.

It should be noted that the EFCC under Ribadu, with the application of the

Confrontational policy was very effective and popular but, the effectiveness and popularity were undermined as a result of political interference by the Obasanjo’s Administration in the activities of the EFCC.

4.2 THE EFCC UNDER FARIDA WAZIRI

Mrs. Farida Waziri was appointed the substantive Chairman of the EFCC on May 15 th ,

2008, following the controversial removal from office of Nuhu Ribadu as Chairman of the EFCC in December 2007. Ribadu, who enjoyed much support from the Obasanjo administration and was greatly patronized by the International donor community. Ribadu was initially said to be on course which implied that he would be allowed to return to his position. But this was never the governments’ intention .In what looks like an afterthought, on June 26th , 2007, the Attorney –

General and Minister of Justice, Mr. Michael Aondoaaka informed the public that Mr. Ribadu was removed as a result of human rights violations perpetrated by the EFCC ( The Nations, June

27,2008:4). Even then, the government’s own position was not helped by the untidy manner in liii which the former EFCC Chairman was demoted and later dismissed from his main job in the

Nigerian Police. Mr. Ribadu’s removal as Chairman of the EFCC and subsequent brush with the police authorities was itself preceded by many months of open tussle for power pitching the former EFCC Chairman and Yar’ Adua’s Attorney-General and Minister of Justice Mr. Michael

Aondoaaka over who should be in control of the trial of the ex-governors (The Nations ,

December 8,2007:19). This Attorney General had once served as a defense lawyer to James Ibori the former Governor of Delta State being tried by the EFCC and, George Akume of Benue State.

George Akume was alleged to have facilitated his appointment to his new job. The Attorney

General and Minister of Justice’s role in this matter was therefore, understandably tilted in favour of the former governors. Indeed, in the cause of his duties as a Minister, he left no one in doubt about his determination to protect not only his benefactor, but also all the other accused former governors. One way he tried to do that was to take over the trial of the ex-governors under the pretext that this was premised on the administrations respect for the rule of law and the need for government to obey all judicial orders (The Punch, September 18,2007:12). In the end, the Nuhu Ribadu led EFCC managed to resist the move by the Attorney General and Minister of

Justice, insisting with the support of a greater percentage of the public and majority of Nigerian legal practitioners, that it had the powers to prosecute the former governors. This action worsened relations between the EFCC and the office of the Attorney General and Minister of

Justice, culminating in the removal of Mr. Nuhu Ribadu as Chairman of the EFCC in late

December 2007. Mrs Waziri having been appointed by the late Umar Yar’Adua as the EFCC

Chairperson, the President himself promised to take the fight against corruption to a new height, vowing to run a ‘clean government’ based on the ‘rule of law’, he stated that:

if the federal government is to take action against any person for any act of corruption which has been determined without doubt, liv

the government will act … As it stands, I assure you that the federal government has zero tolerance for corruption. But also in the process, the rule of law and due process must be followed” (Presidential Inaugural Speech, May 27, 2007). There is no universally accepted methodology for preventing, investigating or prosecuting cases of corruption. However, the EFCC under Waziri had developed a number of policies such as the Anti-Corruption Revolution (ANCOR), the Operation Eagle Eye and Eagle

Claw, and laid much emphasis on the rule of law and the due process. The Anti-Corruption

Revolution was developed to sensitize the public and is built around “see something, say something, do something”. And according to Waziri (2009:2) “this has started yielding positive results as several cases including a major scam of over $1 million by a bank was brought to the attention of the EFCC by a whistle blower in 2009”.

Eagle Eye as an anti-corruption instrument turned the heat on corporate organizations, that had been robbing the federal government on tax payment. In just three months, the project replenished the federal purse with over three billion naira, recovered from tax evading Nigerian corporate organizations. This is besides the weight of the law, which the EFCC has brought to bear on this tax dodgers, through the Eagle Eye project. The Eagle Claw is dedicated to battling internet fraud. And with the Eagle Claw according to Egbulefu (2011:1) “no fewer than 800 scam Websites and e-mail addresses have been successfully shut-down by the EFCC. Eagle

Claw has also led to a haul of 18 fraud syndicate leaders by the anti-corruption agency”.

The EFCC under Waziri claim to respect the rule of law and due process as enshrined in the Constitution. Under Farida Waziri, the arrest and investigation of individuals and officials suspected of corruption did not cease. The trial of officials and individuals investigated or charged to court by the anti-corruption agency during the Ribadu administration continued. lv

Similarly, a number of new cases involving politically exposed person (PEPs) were started under

Waziri. Many of these new cases were taken to court. According to statistics published by the

EFCC on May 1, 2010, the number of high profile cases being prosecuted in the courts by the

EFCC were only 10 in May 1, 2008. However, two years later, the number has increased to over

50. Within the same time frame, the EFCC added a total of 100 new convictions, bringing the total to 400, while also recovering some illegally acquired funds in excess of $ 3.5 billion

(EFCC, 2010).

Some of the officials involved in the over 55 new high profile cases include two former

Ministers of Aviation, Professor Babalola Borishade and Femi Fani – Kayode who were arrested and charged to court in July 2008 for their misappropriation of 19.5 billion naira Aviation

Intervention Fund. The list also includes the daughter of former president, Iyabo Obasanjo –

Bello (May 19, 2008) who was a Senator, former Minister of Health Adenike Grange, her deputy and several senior officials of the Ministry of Health (April 7, 2008), docked over allegations of sharing of N 300 million belonging to the Ministry of Health. Dr.Iyabo Obasanjo-Bello was said to have received N 10 million, part of the N 300 million, in her capacity as the Chairperson of the Senate Committee on Health. Also, the former Governor of Plateau State, Michael Botmang who was arraigned on the 17 th of July 2008 for allegedly stealing N1.7 billion in the six months he ruled as Governor following the brief suspension in 2006 of the substantive Governor, Joshua

Dariye, as well as Boni Haruna, former Governor of Adamawa, who was charged on the 5th of

August on 21 count charges of corruption. Appendix 1 shows a list of EFCC on-going high profile cases between 2007 to 2010.

lvi

REFERENCES

Adeyemo, A. (2010), “Nigeria: Corrupt Politicians – Can EFCC Really Bite?”, in Thisday, September 6:3. Anyanwu, G. (2008), “EFCC Widens Net”, in the Sunday Sun, May 11:5.

Aondaka, M. (2008), “Ribadu’s Removal a Result of Human Rights Violation”, in the Nation, June 27:4. Belgore, M.A.S. (2007), “The Court Procedures and Justice Corruption and Politics”, in the Guardian, August 21:2-3. Editorial, (2007), “The Tussle for Power between Ribadu and Aondaaka”, in the Nation, December 8:19. Editorial, (2007), “The Fight over the Trial of the Ex – Governors”, in the Punch , September 18:12. Economic and Financial Crimes Commission Establishment Act (2002), Lagos: Federal Government Press. Economic and Financial Crimes Commissions Report Card (2007), Abuja: Federal Government Press. Ekweremmadu, D.U. (2010), Anti-Corruption Policies in Nigeria Under Obasanjo and Yar’Adua: What to do After 2011, Abuja:Friedrich – Ebert-Stiftung Publications, Nkemjika, (2006), “Politicizing the War Against Corruption”, in the Daily Sun , December 12:3. Presidential Inaugural Speech (2007), the Federal Radio Corporation of Nigeria Broadcast, May 29:4:00pm. Ribadu, N. (2006), “Combating Money Laundering in Emerging Economies: Nigeria as a Case Study”, Guest Lecture series, Financial Institutions Training Centre/Nigerian Institute of International Affairs, Lagos, August 10, 2006, http://umes.edu.cmszoouploadfile.ajgs.acjava/inoionyeozilipdf. Retrieved on 28/2/2011. Transparency International Corruption Perception Index (1996 – 2009), Berlin: http://www.transparency.org .Retrieved on 28/1/2011. Waziri, F. (2009), “Corruption and the Rule of Law”, a Paper Presented at the 16 th Commonwealth Law Conference 2009 (CLC2009) 5 th – 9th April, 2009, at the Hong Kong Convention, http://www.efccnigeria.com . Retrieved on 8/1/2011.

lvii

CHAPTER 5: SUMMARY, CONCLUSION AND, RECOMMENDATION

5.1 SUMMARY

This work comprises of five chapters and two hypotheses. The hypotheses are as follows:

a. Political Interference in the EFCC Activities Weakened the Fight against Corruption

between 2003 to 2010.

b. Political Interference in the EFCC’s Policies Undermined the EFCC’s Effectiveness in

Reducing Corruption between 2003 to 2010.

Chapter one of this work treated the Introduction, under which the following are:

Background to the Study, Statement of Problem, Objectives of Study, Significance of Study,

Literature Review, Theoretical Framework, Hypotheses and, Method of Data Collection and

Analysis. Writing on the Background to the Study, we stated what necessitated the study and what we intended to do. Our Statement of Problem was drawn from the gap established in our

Literature Review, the gap was problematised and we came up with our research questions. We stated what the work aimed at achieving in our Objectives of Study. While the usefulness of the study are clearly written in the Significance of Study. Given that certain structures perform certain functions, we employed the structural- functional analysis as our Theoretical Framework.

In our Hypotheses, we gave tentative answers to our research questions, and adopted the observational technique for our Method of Data Collection, which means that we gathered data from secondary sources, and the data were analysed using the qualitative descriptive method.

In chapter two, we treated the Institutional Structure of the EFCC, under which we treated as sub-heading, the History of the EFCC. We noted that the EFCC was established in

2002 under the Obasanjo’s Regime and, is saddled with the responsibility of fighting corruption lviii both at the public and private sectors. The Agency has Structural Units as well as Officials, headed by the Chairman.

In chapter three of the work, the Overview of Anti-graft Policies of different Regimes in

Nigeria was treated. And under the Obasanjo’s Regime (1999 – 2007), as treated in this chapter, we tested our first hypothesis, which stated that: Political Interference in the EFCC’s Activities

Weakened the Fight Against Corruption between 2003 to 2010. Going through the different regimes, we found out that the fight against corruption by the different regimes was hampered by the following factors: short live of some regimes, lack of the political will to effectively implement the policies, the pursuit of selfish interest and, the use of the anti-graft policies to protect associates and punish enemies. In the case of Obasanjo’s Regime (1999 -2007), there were several cases as written in chapter three that clearly proved that the political interference in the activities of the EFCC weakened the fight against corruption between 2003 and 2010. Such cases include: the N81 billion Identity Card scam involving late Minister of Internal Affairs

Sunday Afolabi and some Permanent Secretaries, Akwanga and others, the Julius Makanjuola’s trial and the withdrawal by ‘noelle prosequi’ by the Attorney General, the uninvestigated

N250,000 credited into the accounts of the members of the National Assembly after passing the

Commonwealth Heads of Government meeting budget, the N300 billion scam involving Tony

Anenih and the Privatization scandal involving El-Rufai the former Federal Capital Territory

Minister. The above cases were not taken seriously by the EFCC due to Presidential involvement, intervention and fear of indictment. As those involved were either relatives or political associates of the then President. The above cases are evidence that EFCC’s activities were being dictated by the ‘powers that be’, resulting to the weakness of the EFCC in the lix discharge of its duties (activities). The weakness of the EFCC was well exhibited on issues of corruption linked to the ‘powers that be’ or their cronies.

In chapter four, we tested our second hypothesis which stated that: Political Interference in the EFCC’s Policies Undermined the EFCC’s Effectiveness in Reducing Corruption between

2003 to 2010. We did that by studying the EFCC’s Policies, Performances and, Challenges. We observed that though a large number of top public officials including a handful of former governors, have been charged by the EFCC for corrupt practices, only three senior public officials were convicted by the EFCC. And they include: Mr. Tafa Balogun, the former

Inspector-General of Police; Chief Bode George, the former Chairman Nigeria Port Authority; and, DSP Alamieyesiegha, the former Governor of Bayelsa State. We observed from this work that the EFCC was employed as a weapon for destroying political rivals and protecting political associates as observed under the two former Presidents, Olusegun Obasanjo and Umaru

Yar’Adua respectively. We cited such cases as: the indictment of Atiku Abubarkar to scuttle his presidential ambition, and those who were against the Obasanjo’s Third Term Agenda( Comet,

March 31 , 2005:6), the tussle for power pitching the former EFCC Chairman, Nuhu Ribadu and

Yar’Adua’s Attorney-General and Minister of Justice, Mr. Michael Aondoaaka over who should be in control of the trial of the ex-governors ( The Nation , December 8,2007:19). The use of the

EFCC to protect political associates means that the EFCC is established to legitimize corruption and, not to fight corruption. The legitimization of corruption means accepting or encouraging corruption to be on the increase and, this undermined the EFCC’s effectiveness in reducing corruption between 2003 to 2010.The EFCC had adopted the following policies: Confrontational and Plea Bargain (under Nuhu Ribadu), Operation Eagle Eye, Operation Eagle Claw, Rule of

Law and Due Process, Anti-Corruption Revolution (under Farida Waziri), but the policies were lx weakened especially when a high profile case was involved. The EFCC danced to the tune of the powers that be and, applied the policies selectively against individuals. The poor position of

Nigeria in the Transparency International Corruption Index, especially the dropping to nine places from 121/180 in 2008 to 130/180 in 2009 as released by the body on July 10,2010 also showed that despite EFCC’s policies, political interference undermined the EFCC’s effectiveness in reducing corruption between 2003 to 2010.

5.2 CONCLUSION

From data gathered from various sources and used for this research work, it has been proved that, Political Interference Weakened the EFCC’s Activities and Undermined the EFCC’s

Effectiveness in Reducing Corruption between 2003 to 2010. Our study revealed that the EFCC was employed by the ‘powers that be’ as a weapon for destroying political rivals and, this was evident in the attempt to scuttle Atiku Abubarka’s Presidential ambition and, the victimization of those who opposed the Third Term Agenda of President Obasanjo. The EFCC was also a weapon for protecting political associates, as clearly shown in the removal of Nuhu Ribadu the former

EFCC boss, due to the insistence by the then Minister of Justice and Attorney-General of the

Federation, Mr Michael Aondaaka to take over the prosecution of the ex-governors. EFCC also served as a tool for primitive accumulation of wealth, as the Agency protected the former

President Obasanjo by giving blind eye to all the Obasanjo’s wealth accumulation which include:

His resuscitation and expansion of his farm in Ota, Ogun State, his establishment of Bells

University of Technology estimated to worth over 40 billion naira, and the establishment of the

6.5 billion naira Presidential Library, privately managed by Obasanjo currently. The above mean that the EFCC was established to serve the interests of the ‘powers that be’. The use of the EFCC lxi to project the interests of the ‘powers that be’ weakened the EFCC’s activities and undermined the EFCC’s effectiveness in reducing corruption in Nigeria between 2003 to 2010.

5.3 RECOMMENDATIONS

Since the return to democratic governance under the 1999 constitution, how to effectively combat the menace of corruption has been a main policy thrust of successive administrations; though the approaches and operational tactics may have differed. The EFCC has faced and is still facing a number of challenges, institutionally and politically. And it is worthy to state that for corruption to be curbed in our society a number of issues should be considered.

Firstly, the government has to make the crusade against corruption her No. 1 priority and constantly communicate that commitment; the war must not only be on track, but must also be seen to be on track irrespective of whose ox is gored. There should be no feelings that there are some people who are above the law. The war with its slogan has to permeate and inform decisions and actions at all levels of governance, and in line with the fundamental objectives and directive principles of government set out in Chapter two of the 1999 constitution.

Secondly, there is the need to strengthen the independence of the EFCC .The perception that the EFCC has turned to a tool for political witch-hunting and protection of allies do not augur well for the on-going war. The EFCC Act should be amended to include a provision similar to 3(8) of the ICPC Act which subjects the President’s power to remove the Chairman and Members of the Commission to support of 2/3 majority of the Senate. While section 3(12) provides that the ICPC shall not in the discharge of its functions be subject to the direction or control of any other person or authority. Currently, section 3(2) of the EFCC Act provides that a member of the Commission may at any time be removed by the President for inability to lxii discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct 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 (EFCC Act

2002:7).This makes the Chairman’s position precarious; and exposes the holder of the office to manipulation by the President .

Thirdly, there is need to enlist and empower complementary governmental agencies and civil society organizations so as to engender the feeling of ownership of the war. We think there is also the need to enact and implement complementary legislations, such as freedom of

Information Act, Whistle Blowers and Witness Protect Act. The National Assembly has to pass the Freedom of Information bill, the Fiscal Responsibility bill and the Public Procurement bill.

Withholding these sunshine laws means putting a cog in the wheel of the anti-corruption crusade.

lxiii

BIBLIOGRAPHY BOOKS Achebe,C. (1983), The Trouble with Nigeria, Enugu: Fourth Dimension Publishers. Ademolekun, L. (1985), The Fall of the Second Republic, Ibadan: Spectrum Books Ltd. Anugwon, E.E. (2000), Effective Manpower Utilization in the Local Government System: Predicaments and Hopes, Nsukka: A.P. Express Publishers. Asika, N. (1991) , Research Methodology in the Behavioural Sciences, Lagos: Longman Nigeria PLC. Chambers Dictionary (2006), New Delhi: Allied Chambers Limited. Chuta, S. C. (2004), Corruption in Nigeria, Nsukka: Afro-Orbis Publications Limited. Dauda, A. (1997), “The Rise and Fall of the First and Second Republic”, in (ed) F.U. Okafor New Strategies for Curbing Ethnic and Religious Conflict in Nigeria, Enugu: Fourth Dimension Publishers. Dudley, B. (1982), An Introduction to Nigerian Government and Politics, London: Macmillan Press Limited. Enweremmadu, D.U. (2010), Anti-Corruption Policies in Nigeria Under Obasanjo and Yar’dua: What to do After 2011, Abuja: Friedrich-Ebert-Stiftung Publications. Igwe, O. (2005), Politics and Globe Dictionary, Aba: Amadi Printing Press Ltd. Ikejiani-Clark, M. (1995) “Corruption in Nigeria” in Onuoha, J.I. and Ozioko, J.O.c. (eds) Contemporary Issues on Social Sciences, Enugu: Acena Publishers. Nwabueze, B. (2007), How President Obasanjo Subverted Nigeria’s Federal System, Ibadan: Gold Press Ltd. Odey, J.O. (2001), The Anti-Corruption Crusade: the Saga of a Crippled Giant , Enugu: SNAAP Press Ltd. Okadigbo C.(1987) , Power and Leadership in Nigeria, Enugu: Fourth Dimension Publishers. Ugwu, C.O.T. (2002), Corruption in Nigeria: Critical Perspectives, Nsukka: Chuka Educational Publishers. Uju, J.O.R. (2002), “The Military and Corruption in Nigeria” in C.O.T. Ugwu (ed.) Corruption in Nigeria: Critical Perspectives, Nsukka: Chuka Educational Publishers .

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JOURNAL Jibrin, I. (2003), “Corruption in Nigeria: Transition, Perspective and Continuity”, Journal of Nigerian Social Scientist Vol.6 No.2.

GOVERNMENT PUBLICATIONS Constitution of the Federal Republic of Nigeria (1999), Abuja: Federal Government Press. Economic and Financial Crimes Commission Establishment Act (2002), Abuja: Federal Government Press. Economic and Financial Crimes Commission as Amended Act (2004), Lagos: Federal Government Press. Economic and Financial Crimes Commission’s Report Card (2007), Lagos: Federal Government Press. Presidential Inaugural Speech (2007), Abuja: Federal Radio Corporation of Nigeria Broadcast, May 29:4:00pm. Public Officers Protection Against Accusation (1976), Lagos: Federal Government Press.

UNPUBLISHED WORK Ugwuoke, D. A. (2006), EFCC and Anti-Corruption Struggle in Nigeria: A Study of Obasanjo’s Regime (1999-2007), a Researched Work Submitted to the Department of Political Science, University of Nigeria, Nsukka, for the Award of Bachelors of Science Degree.

NEWSPAPERS Adeyemo, A. (2010), “Nigeria: Corrupt Politicians-Can EFCC Really Bite?”, in Thisday , September 6:3. Anyanwu, G. (2008), “EFCC Widens Net”, in the Sunday Sun , May 11:5. Aondaaka, M (2008), “Ribadu’s Removal, a Result of Human Rights Violations”, in the Nation , June 27:4. Belgore, M.A.S. (2007), “The Court Procedures and Justice, Corruption and Politics”, in the Guardian , August 21:2-3. Editorial, (2000), “Corruption Earthquake in the Senate”, in the Vanguard , August 12:18. Editorial, (2007), “The Tussle for Power between Ribadu and Aondaaka”, in the Nation, December 8:19. lxv

Editorial, (2007), “The Fight over the Trial of the Ex-Governors”, in the Punch, September 18:12. Ezereonwu, J. (2003), “National Identity Card: One Project, many Scandals”, in the Guardian December 13:B2. Nkemjika, (2006), “Politicizing the War Against Corruption”, in the Daily sun , December 12:3. Rahman, O.(2005), “Intricacies of Obasanjo’s Anti-Corruption War”, in the Comet , March 31:6. Semetari, (2005), “Money paid into the Accounts of the Senators “,in the Tell Magazine, April 11:25.

INTERNET SOURCES Akin, O. (2009), “Obasanjo’s Private Establishments”, www.leadershipnigeria.com/pro...oducts_id=8173.Retrieved on 28/1/2011. Egbulafu, T. (2011), “EFCC: the Eagle Eye, the Eagle Claw”, http://www.efccnigeria.org.Retrieved on 28/2/2011. Haruna, M. (2005), “Obasnjo, Ribadu and Corruption Crusade”, http:nigeriaworld.com.Retrieved on 8/1/2011. Jide, A. (2006),“Fawehinmi and Obasanjo’s Ownership of Share in Transcorp”, www.dawodu.com/ayabolu14.html.Retrieved on 28/1/2011. Ogbonnia,S.K.C.(2008) , “Corruption, Opposition and the Ribadu Experence”, http://nigeriaworld.com/feature/publication/ubochi/080808.html.Retrieved on 28/2/2011. Onwudiwe,(2009) , “EFCC and Plea Bargain Issue in Nigeria: Matters Arising”, http://www.efccnigeria.Retrieved on 8/1/2011. Ribadu, N. (2006), “Combating Money Laundering in Emerging Economics: Nigeria as a Case Study” Guest Lecture Series, Financial Institutions Training Centre/Nigerian Institute of International Affairs, Lagos, August 10,2006, http://umes.edu.cmszoouploadfile.ajgs.acjava/inoionyeozilipdf.Retrieved on 28/2/2011. Sani, T. (2000) “Corruption: the Bane of Nigeria’s Problem”, http://www.gamji.com/article 400/news4491.htm.Retrieved on 15/2/2011. Saliu,I.(2006),“Now Will Nuhu Ribadu Investigate Andy Uba?”, www.dawodu.com/iyanda3.htm.Retrieved on 28/1/2011. Transparency International, Corruption Perception Index: 1996-2009, Berlin: http://www.transparency.org.Retrieved on 28/1/2011. Waziri, F. (2009), “Corruption and the Rule of Law”, a Paper Presented at the 16 th Common Wealth law Conference 2009 (CLC2009) 5 TH -9TH April, 2009 at the Hong Kong Convention http://www.efccnigeria.com.Retrieved on 8/1/2011. 66

APPENDIX 1: LIST OF EFCC ON-GOING HIGH PROFILE CASES

BETWEEN 2007 TO 2010

NAME TRIAL CASE STATUS AMOUNT STATUS REMARK COURT INVOLVE OF D SUSPECT (S) 1. Ayo Fed. High Arraigned on 51 state counts. Plea N1.2 Billion granted Inherited Fayose(Fo Court, already taken but defence lawyer bail by Case filed rmer Lagos. Case keeps filing frivolous applications court since since 17 th Governor now for long adjournments to frustrate 2007 Dec.2007 of Ekiti transferred and prolong trial. State) to Ekiti for trial after the accused opposed his trial in Lagos. 2. Adenike FCT. High Arraigned on 56 state counts. N300 granted Inherited Grange(Fo Court Plea already taken. Defence million bail by Case filed rmer Maitama lawyer often seeks long court since since 2 nd Minister of adjournments to prolong trial. 2008 April.2008 Health) Matter adjourned to Oct 27 3. Joshua FCT High Arraigned on 14 state counts. N700 granted Inherited Dariye(For CourtGudu Plea already taken but defence Million bail by Case filed mer lawyer challenged court court since since13 th Governor jurisdiction. Case stalled at HC 2007 July 2007 Plateau while on appeal for stay of trial. State) This is part of calculated attempt to prolong trial 4. Saminu FCT High Arraigned on 32 state counts. Plea N36 Billion granted Inherited Turaki(For CourtMaita already taken but defence lawyer bail by Case filed mer ma challenged court jurisdiction. Case court since since13 th Governor, stalled at HC while seeking stay of 2007 July 2007 Jigagwa trial at appeal court. It is part of State) usual attempt to frustrate and prolong trial 67

5. Orji Uzor Fed. High Arraigned on 107 state counts. N5 Billion granted Inherited Kalu(Form Court Plea already taken but defence bail by Case filed er Maitama lawyer raised preliminary court since since11 th Governor, objection against charges. Lost at 2008 June 2007 Abia trial court but has gone on appeal State) to stay trial. It is part of usual attempt to prolong trial. Further hearing for Nov 3 6. James Federal Arraigned on 170 state counts. N9.2 Billion granted Inherited Ibori(Form High Court Defence lawyer challenged bail by Fresh er Asaba Kaduna Fed. court jurisdiction court since charges Governor, ,lost at trial court but won at 2008 filed In Delta appeal court. Case re-assigned by August State) CJ to Asaba FHC. Without taking 2009 plea, suspect applied to quash charges, prosecution opposed application and ruling for Nov.6 7. Iyabo FCT High Arraigned on 56 state counts. Plea N10 Million granted Inherited Obasanjo- Court, already taken but case stalled as bail by Case filed Bello(Serv Maitama defence lawyer filed to challenge court since since April ing charges. Application pending for 2008 2 2008 Senator) determination. This is part of frivolous applications to delay trial . 8. Lucky Fed. High Arraigned on 191 state counts. N4.3 Billion Case Inherited Igbinedion Court, Applied for plea bargain determined Case filed (Former Enugu &Convicted but EFCC has 2008 on23 rd Governor appealed the judgment to seek for Jan.2008 of Edo stiffer sanctions State) 9. Gabriel FCT. High Arraigned on 56 state counts. N300 Case Inherited Aduku(For Court, Court judgment on no case against Million determined Case filed mer Maitama suspect under review by EFCC in 2008 onApril 2 nd Minister of 2008 Health) 10. Jolly Fed. High Arraigned on 21 state counts. Plea N180 granted Inherited Nyame(Fo Court, already taken but case is stalled as Million bail by Case filed rmer Abuja defence lawyer challenged court court since since13 th Governor jurisdiction. Lost at HC, Appeal 2008 July 2007 of Taraba court, now before supreme court. State) This is a typical example of frivolous appeals to buy time and prolong trial. 68

11. Chimaroke Fed. High Arraigned on 105 state counts. N5.3 Billion granted Inherited Nnamani Court, Plea already taken but case is bail by Case filed (Former Lagos stalled as defence lawyer filed to court since since11 th Governor transfer case to another judge on 2007 Dec.2007 of Enugu allegation bias against trial judge State) even as counsel has again filed to challenge court jurisdiction. This is equally an attempt to prolong trial. Case comes up Oct.22 12 Michael Fed. High Arraigned on 31 state counts. Plea N1.5 Billion granted Commence Botmang( Court, already taken but trial stalled due bail by d by Waziri Former Maitama to suspect’s ailment, on dialysis. court since on 18 th July Governor Trial billed to resume October 16 2008 2008 of Plateau State) 13. Roland FCT High Arraigned on 11 state counts. Plea N5.6 Billion granted Commence Iyayi Court, already taken. Trial on-going bail by d by Waziri (Former Maitama Court taking prosecution court since in June Managing witnesses testimony 2008 2008 Director of FAAN) 14. Nyeson FCT High Arraigned on state counts. Court N4.670 granted Commence Wike Court quashed charges. EFCC already Billion bail by d by Waziri (Serving Maitama appealed judgement. Appeal court since on Oct.9 Chief of pending at appeal court. 2008 2008 Staff to Governor of Rivers State) 15. Eider FCT High Arraigned on 11 state counts. Plea granted Commence George Court, already taken and trial on-going. bail by d by Waziri (Austrian Maitama Prosecution witnesses undergoing court since in Business cross-examination. Continuation 2008 June2008 man) of trial fixed for Nov.17 16. Kenny FCT High Arraigned on 28 amended state N7,740 granted Commence Martins Court counts. Plea already taken and trial Billion bail by d by Waziri (Police ,Maitama on-going. Witnesses under cross- court since in June Equipment examination. Continuation of trial 2008 2008 Fund) fixed for Nov.9 17. 13 Fed. High Arraigned on state counts, N300 EFCC Commence Filipinos Court, convicted at the close of trial and Million returns to d by Waziri (Charged Benin sentenced to 65 Years altogether court to in 2009 for Oil seek Bunkering forfeiture 69

) of vessel used for oil theft Oct 23 slated for adoption of written addresses on that 18. 6 Fed. High Arraigned on state counts and trial N250 granted Commence Ghanaians Court, Commenced. Prosecution closed Million bail by d by Waziri (Charged Benin case, matter adjourned to court in in 2009 for Oil Nov.4&5 for defence to close. 2009. Bunkering ) 19 Patrick Fed. High Arraigned on 56 state counts. Plea N32 Billion granted Commence Fernadez Court, already taken and trial commences bail by d by Waziri (Indian Lagos Nov. court in in June Buisnessm 2009 2009 an) 20. Prof. FCT High Arraigned on 11 state counts. Plea N5.6 Billion granted Commence Babalola Court,Maita already taken and trial on-going bail by d by Waziri Borishade ma (N5.6 billion) Prosecution court since in June (Former witnesses under cross- 2008 2008 Minister of examination. Nov.17 fixed for Aviation) continuation 21. Boni Fed. High Arraigned on amended 28 state N254 granted Commence Haruna Court counts. Plea taken. Adoption of Million bail by d by Waziri (Former Maitama motion slated for Nov court since in 2008 Governor, 2008 Adamawa State) 22. Femi Fani- Fed. High Arraigned on 47 state counts . Plea N250 granted Commence Kayode Court, taken but case stalled as a result of Million bail by d by Waziri (Former Lagos trial court’s refusal to admit e- court in in 2008 Minster of print of suspect’s statement of 2008 Aviation) account as evidence. EFCC on appeal against the decision. Matter pending at appeal court 23. Prince FCT High Arraigned on 28 amended state N7,740 granted Commence Ibrahim Court, counts. Plea taken and trial on- Billion bail by d by Waziri Dumuje Abuja going. Prosecution witnesses court since in June (Police under cross-examination. 2008 2008 Equipment Continuation fixed for Nov.9 70

Fund)

24. Bode Fed. High Arraigned on 68 state counts. Plea N100 granted Commence George Court taken and trial concluded. Billion bail by d by Waziri (Chieftain .Lagos Judgment being awaited court since in Dec.08 of the 2008 ruling party, PDP) 25. Rasheed Fed. High Arraigned on 33 state counts. Plea N6 Billion granted Commence Ladoja Court, taken and trial on-going bail by d by Waziri (Former Lagos Prosecution witnesses slated for court since Governor cross-examination in Nov. 2008 of Oyo State) 26. Four Snr Fed. High Arraigned on 56 state counts. Plea N3.6 Billion Granted Commence Zenith Court, Port taken but case stalled over an bail by d by Waziri Bank Harcourt injunction by Rivers State Govt, court in Managers which is a party in the case to stop 2009 EFCC. Injunction being challenged at appeal court 27. Mallam Fed. High Arraigned on 8 state counts. Suspect at Commence Nasir El- Court, Suspect charged for corruption large d by Waziri Rufai Abuja and abuse of office. Plea not taken (Former because suspect has refused to put Minister of in appearance and papers for Federal extradition filed. Capital Territory) 28. Sen. FCT High Arraigned on 158 state counts. N5.2 Billion Remanded Commence Nicholas Court Abuja Plea taken while prosecution has in Prison d by Waziri Ugbade,(S filed more charges against Custody in erving suspects. Matter stalled due to and later May2009 Senator)H medical treatment of Hon. Igwe granted on. Ndudi who was shot by robbers.Oct.29 bail Court Elumelu slated for taking of plea on fresh in 2009 Hon. charges Mohamme d Jibo,Hon. Paulinus Igwe,(Serv 71 ing Members of House of Representa tives)Dr Aliyu Abdullahi (Serving Fed.Perm. Sec) Mr. Samuel Ibi.Mr. Simon Nanle,Mr. Lawrence Orekoya, Mr Kayode Oyedeji,M r. A. Garba Jahun,(Thi s is the Rural Electrificat ion Agency Case involving a serving Senator, 3 serving members of the House of Representa tives, the Permanent Secretary of the Ministry of Power and other high 72

profile public officers)

29. Prof B. Federal Arraigned on 64 state counts. Plea N636 Suspects Commence Sokan,Mol High Court, taken while more charges were Million remanded d by Waziri kat Abuja filed against suspects due to in prison on May Mutfwang, appearance of Prof Sokan. Matter custody 192009 Michael adjourned to Nov 9 for suspects to and later Aule take plea on amended charges granted ,Andrew bail by Ekpanobi,( court in All 2009. Directors) Alexander Cozman( MD,Inter market Ltd).(This is the UBEC case where high profile public servants connived with an American, Alexander Cozman) to defraud the Governme nt. 30. Dr Federal Arraigned on 196 state counts. N1.5 Billion granted Commence Ransome High Court, Plea taken. Trial billed to bail by d by Waziri OwanMr. Abuja commence while more charges court in on April22 Abdulrah were filed against suspects. 2009 2009 man Ado, Further hearing slated for Oct 29 Mr. Adulrasak Alimi,Mr. Onwuama 73

eze Iloeje, Mrs Grace Eyoma,Mr . Mohamme d Bunu,Mr. Abimbola Odubiyi (This is the Nigeria Electricty Regulatory Commissi on case where the Chairman and his 6 Commissi oners corruptly enriched themselves ) 31. Tom Fed. High Arraigned on 32 state counts. Plea N15 Billion Suspects Commence Iseghohi, Court,Abuja taken. Matter adjourned for Remanded d by Waziri Muhamme commencement of trial Nov 9. in Kuje in May d Buba, Prison and 2009 Mike later Okoli,(GM granted &Manager bail by s of court in Transcorp 2009 Group PLC) 32. Dr Albert Fed. High Arraigned on 4 state counts. Plea N43 Million Suspects Commence Ikomi, rtd Court, taken and Matter adjourned for Remanded d by Waziri perm sec, Ikoyi, hearing in Ikoyi in 2009 his firm, Lagos Prison and satelite later town dev granted co Ltd bail by court in 2009 74

33 Dr Yuguda Taraba Arraigned on 37 state counts . Plea N17 Million Suspect Commence Manu State High taken and Matter adjourned for remanded d by Waziri Kaigama, Court 5, trial in prison on Chairman, Jalingo custody. Oct.102009 Taraba Co- State Civil accused, Service Yakubu Commissi Danjuma on Takun, at large. 34 Chief Joe FCT High Arraigned on 12 state counts . N1.012 Suspects Commence Musa, DG Court, Plea taken and defence lawyer Billion Remanded d by Waziri Natioanl Lugbe(Justi filed applications to stall trial but in Kuje in July Gallery of ce lost the bid. Matter adjourned for Prison and 202009 Art, Olukayode trial Nov 19/20 later Olusegun Adeniyi) granted Ogumba, bail by Chinedu court in Obi, 2009 Oparagu Elizabeth, Kweku Tandoh,(A ll Directors of NGA). 35 Dr Dayo Fed. High Arraigned on 17 state counts. Plea N479 Suspects Commence Olagunju, Court, taken and Matter adjourned for Million Remanded d by Waziri Ex.Sec.Nat Abuja.Justic commencement of trial Oct 22 in Kuje 24 July2009 ional e Anuli Prison and Commissi Chikere later on for granted Mass bail by Literacy, court in Adult 2009 &Non- Formal Education. Joshua Alao, Alice Abang, Jibrin Waguna, 75

Ahmed Abubakar, Shehu Abdullahi, Dr Victoria King- Nwachuk wu, Adamu Khalid, Moses Oseni, Francis Awelewa &Bashir Suleiman 36 Hamman Fed. High Arraigned on 46 state counts. Plea N2.5 Billion Suspects Commence Bello Court , taken Matter adjouned to Nov for Remanded d by Waziri Hammed, Lagos. trial in on 14 th Aug. Ex-CG Justice Kirikiri&I 2009 Customs, Ramat koyi Hannatu Mohammed Prisons Sulaiman, and later Tajudeen granted Olalere, bail by Lukman court in Hussain, 2009. Popular Foods Ltd & Silver Maritime shipping coy ltd 37 Professor Fed.High Arraigned on 14 state counts. Plea N145 Suspects Commence Innocent Court, taken Adjourned to Nov for trial. Million Remanded d by Waziri Chuka Abuja.Justic in Kuje on Okonkwo, e Prison and July30,2009 fmr VC Mohammed later Imo state Garba Umar granted Univ, bail by Uchechi court in Nwugo & 2009 Wilfred 76

Uwakwe

38 Dr (Mrs) FHC, Ikoyi, Arraigned on 25 state counts. Plea N160.2 Suspect Commence Cecilia Lagos. taken and case adjourned to Nov Billion remanded d by Waziri Ibru(Fmr Justice Dan for trial in EFCC on Aug31 CEO,Ocea Abutu custody, 2009 nic Bank but PLC) granted bail on 14/9/09 39 Dr FHC, Ikoyi, Arraigned on 28 state counts. Plea N187.1 Suspects Commence Bartholom Lagos.Justic taken and case adjourned to Nov for Billion remanded d by Waziri ew(Fmr e Dan trial in EFCC on Aug31 CEO,Unio Abutu custody, 2009 n Bank But PLC) granted Bassey bail on Ebong, 14/9/09 Henry Onyemem & Niyi Albert Opeodu(E x- Directors, UBN) 40 Raymond FHC, Ikoyi, Arraigned on 18 state counts. Plea N131.8 Suspects Commence Obieri,(Fm Lagos.Justic taken and case adjourned to Nov Billion remanded d by Waziri r e Dan for trial in EFCC on Aug31 Chairman, Abutu custody, 2009 Intercontin But ental Bank granted PLC bail on Hyacinth 14/9/09 Enuha, Ikechi Kalu, C.A Alabi, Samuel Adegbite, Isyaku Umar, 77

Sanni Adams.

41 Sebastian FHC, Ikoyi, Arraigned on 36 state counts. Plea N277.3 Suspects Commence Adigwe, Lagos.Justic taken and case adjourned to Nov Billion remanded d by Waziri Peter e Dan for trial in Prison on Aug31 Ololo, Abutu custody, 2009 Falcon But Securities granted Ltd bail on 15/9/09 42 Okey FHC, Ikoyi, Arraigned on 11 state counts. Plea N95.1 Suspects Commence Nwosu Lagos.Justic taken and case adjourned to Nov Billion remanded d by Waziri e Dan for trial in Prison on Aug Abutu custody, 312009 But granted bail on 15/9/09 43 Alex Lagos High Arraigned on 10 state counts. Plea N860 Suspects Commence Nkenchor, Court, taken and suspects still remanded Million remanded d by Waziri Ex-Bank Ikeja. in prison custody pending in ikoyi on Oct. 13 Manager, Justice M.O consideration of bail application. prison. 2009 Ebi Obadina Bail Odeigah & application GMT for Securities considerati & Assets on Oct 20 Nig Ltd 44 Francis Fed High Arraigned on a 26 count charge. N80 billion Suspect Commence Atuche, Court, Plea taken. Suspect challenged remanded d by Waziri Former Lagos charges but court upheld charges. and later on Oct 28, CEO, Matter set for trial in Nov. granted 2009. Bank PHB bail by court. His assets frozen. 45 Adamu Fed High Arraigned on 149 count charge. N15 billion Suspect on Commence Abdullahi, Court, Suspect granted bail by court. court bail. d by Waziri Former Lafia, Case slated for trail in Oct. on March 3 Gov of Nasarawa. 2010. Nasarawa Justice I.N. State. Buba. 78

46 Attahiru Sokoto Arraingned on 47 count charge. N15 billion Suspect Commence Bafarawa, State High Matter stalled HC due to accused remanded d by Waziri Former Court. application at appeal court. in prison on Governor custody December of Sokoto and later 16, 2009. State. granted bail by court. Case slated for trial. 47 Francis Fed. High Arraigned on 6 count charge. N2.4 billion Suspect Commence Okokuro, Court, Matter stalled due to accused remanded d by Waziri Bayelsa Abuja application for stay in prison on March State custody till 24, 2010. Accountan April 13. t General 48 Dr. Fed. High Arraigned on 6 count charge. N2.4 billion Suspect Commence Charles Court, Matter stalled due to accused arraigned d by Waziri Silva Abuja application for stay. and on March Opuala remanded 24, 2010. in Kuje prison custody on April 13 till he meets bail conditions

49 Chief Osa Fed. High Arraigned on 33 count charge. N55 billion Suspects Commence Osunde Court, Matter adjourn to November for arraigned d by Waziri (fmr. Lagos trial on April on April 21, Chairman 21, 2010. 2010. Afribank), Remanded and 4 in EFCC directors: custody Jibrin Isah, and later Isa Zailani, granted Chinedu bail by the Onyia and court. Henry Arogundad 79

e

50 Mr. Fed. High Arraigned on 136 count charge. N139 Suspect Commence Oladele Court Matter adjourned for trial million arraigned d by Waziri Shittu, Kaduna on March on March CEO of Justice 23, 2010. 23, 2010. Credence Mohd Remanded Investment Shuaibu in Kaduna prison custody till July 12, 2010 51 Mr. Lagos High Arraigned on 30 count charge. N90 billion Suspects Commence Sunday Court. Application for bail rejected, trial arraigned d by Waziri Akinyemi, Justice J commenced. March 11, on March fmr CEO Adebajo & April 11, 2010. Texas 11, 2010. Connectio Remanded n Ferries in prison. 52 Hon. T. FHC, Abua, Arraigned on 30 count charge N3 billion Suspects Commence Faniy, Justice (14,10 & 6), trial commenced. arraigned d by Waziri Albert Adamu on April 1 on April 1, Soje & Bello/Justic 2010. 2010. others e David Remanded in prison custody and later granted court Source: 2010 Economic and Financial Crimes Commission – EFCC.