EFCC, Osun And The Rest Of Us
Since its formation in 2002, three years into the government of then President Olusegun Obasanjo, the Economic and Financial Crimes Commission, EFCC and its activities have been in the court of public scrutiny and opinion.
It is because of the mandate given it which centred primarily to prevent, investigate and penalize economic and financial crimes including corruption, money laundering and advance fee fraud.
In carrying out its functions, it divided its role into Enforcement, Asset Forfeiture and Collaboration and to achieve this it had the mandate to work alongside local and global bodies like NFIU and Interpol.
It’s scope also includes Financial malpractices in Banks and corporate bodies, Money Laundering and Illicit capital flow including obtaining money by false pretences otherwise known as 419-Advance fee fraud.
However, with the amendment to its role in 2004, the EFCC has been in the eye of the public by its operations.
This is primarily because most of its victims are politically exposed persons, office holders and civil servants.
This is the reason why the action last week by President Bola Ahmed Tinubu by publicly asking the EFCC to proceed to court towards reversing the order granted to freeze the account of the Osun State Government effected ten days to election, has been interpreted in several ways by the public.
It is because even President Olusegun Obasanjo at the height of power never publicly did such.
It will be recalled that when the EFCC fingered, his then Inspector General of Police Tafa Balogun on account of alleged widespread corruption to the tune of N2.5 billion in March 2005, he was arrested by the EFCC after sudden retirement from the police in January same year.
His account was frozen in 12 banks where he has funds allegedly traced to proceeds of illicit acquisition.
The way he was publicly humiliated and treated like others sent a strong signal that the regime took its mandate seriously.
However, when same EFCC under Olukoyede which has received accolade of late by effecting funds seizures and forfeiture through several court verdicts involving public figures and personalities like former CBN Governor, Godwin Emefiele and former Attorney General Abubakar Malami, SAN, the frozen of the ecological account of Osun on which EFCC alleged suspicious funds transfer to the tune of N11 billion eyebrows were raised especially in political circles to efforts to prevent , Governor Ademola Adeleke’s re-election this Saturday.
In giving the Executive order, President Tinubu expressed embarrassment to the timing of the agencies action and mood of the nation.
Perhaps, beside the timing, Tinubu is trying to avoid labelling of covert attempt to get his party, the APC candidate to win at all cost.
It is interesting that had the Osun State branch of the party allowed to decamp to it last year Tinubu would have kept mute to EFCC action or probably asl the agency to look elsewhere even if it is apparent the Governor is using state funds to beat his opponent.
Again it is logical that Tinubu’s statement to the effect that actions committed by institutions at Federal levels is always attributed to him in spite of the anti corruption enforcement he has allowed in the past.
But since the President is convinced of the logic behind EFCC’S action, why is he allowing public opinion to make him breathe down on EFCC and sort of condemn the leadership he has often applauded.
Yes, while it is true that he has not entered in the recent past and has often listened to public opinion, must he always allow public opinion to sway or frustrate good public policies against corruption all aimed at entrancing good governance.
It is also true without gainsaying that corruption in high and low places in Nigeria nay Africa has contributed more to our underdevelopment than the foreign countries who often guve excuses to withdraw support because of pervasive corruption among leaders and government agencies.
Would foreign donors have welcome fraudulent use of donations for ecological and other funds if they discover to their chagrin that such funds end in foreign account of public officials?
In 1986, at the height of the Cholera outbreak in Nigeria, then Deputy Director General of the World Health Organisation, WHO, the late erudite psychiatrist, Professor Adeoye Lambo exclaimed to his dismay that the organisation , ostensibly through his efforts, has supplied vaccines that could vaccinate our whole population ten times over.
Ironically, he said up to ten percent of the population were yet to be vaccinated.
Would that pervasive corruption encourage other donors in other cases of severe emergencies knowing the light fingers of our leaders?
If the event that Governor Ademola lose the election, would the EFCC which claimed it had verifiable proof that such funds have been moved into private companies be out in the dock to answer corrupt charges?
In the event that, he wins Saturday’s election, it is clear that the Governor during his second term would source funds from other government sources to cover the illegal withdrawal should in case the EFCC ask him to answer to charges after the expiration of his immunity as Governor?.
Femi Falana, SAN activist and lawyer cited the declaration of the Supreme Court in 2022 that the EFCC had the right to freeze the state account in appeal filed by the Attorney General of Benue state in similar circumstances.
Same judgement he declared was meted out to Kogi State government in 2024 by the Supreme court when it challenged the right of both the EFCC and NFIU.
The Supreme Court had ruled that charged the EFCC to freeze the state account.
It is apparent that Osun State challenged the EFCC action to timing, is the government saying that corruption or other financial infractions has protection against time and period it is committed.
Is the President also saying that EFCC should ignore financial infractions committed prior to or close to election when it is apparent that such infractions are clearly meant to subvert the cause of justice?
While the President has the powers to insulate himself from accusations of partisanship by using the anti-graft agency against his opponents, is he not setting a precedence against future infractions by office holders to steal close to election and proceed to court to justify such acts when pounced on by the EFCC.
It is clear that political expediency demonstrated by the Presidents action has unwittingly tied the hands of the EFCC and other bodies in taken action and clearly set a precedence which would for long be referred to in law.
This action reminds is of the declaration of the Supreme Court in 1979 during the Presidential election debacle when it declared that its interpretation of the law on 122/3 of nineteen states should not be referred to in future disputes.
Such declaration is thus necessary by the court when the Attorney General approached it to withdraw or lift the PND on Osun government Account.
The only self preservation reason President Tinubu has is as a result of tenous promise by Adeleke to support him during the Presidential election next year.
Whatever happens this Saturday election would determine the scenarios aftermath.
The nation waits.
