By Sunday Onyemaechi Eze
The Economic and Financial Crimes Commission (EFCC) was once a fire brand anti-graft agency known as the nemesis of corrupt politicians and fraudsters in Nigeria. The fear of EFCC one may say was then the beginning of wisdom. For too long a time, the agency has been a huge joke of some sort. Precisely after the ousting of Nuhu Ribadu, the first chairman of the commission in a controversial circumstances, it has been a shadow of itself. Since then, mix reactions have been trailing the performance of the commission in the prosecution of high profile cases.
However, the slumbering commission has suddenly woken up to its fundamental responsibilities of fighting graft.It is firing from both cylinders. In one single swoop it has accomplished some feats it could not in six years or more. A popular saying has it that every day is for the thief but one day is for the owner of the house. Those who with deliberate impunity dipped their hands into our national till must be ready to face the consequences of their actions.The agency took the bull by the horn as it recently arraigned four political bigwigs in the personalities of Sule Lamido and sons, Ikedi Ohakim, Timipriye Sylva and Murtala Nyako and sons. The commission also secured a rare conviction against former governor of Enugu State, Chimaroke Nnamani.
After many years of legal fireworks, the arraignment of the former governor of Enugu State, Chimaroke Nnamani like others accused of dipping their hands into state coffers has finally yielded a positive result. The long awaited arm of justice has finally caught up with the former governor. In a Lagos Federal High Court judgment delivered recently, Nnamani, cronies and companies linked to him were ordered to forfeit stolen Enugu State funds and multi- billion naira assets to the federal government.
Who should be entitled to Nnamani’s forfeited assets?Was it right in the eyes of the law for the court to rule that diverted funds belonging to some local governments in Enugu state, namely, Aninri, Enugu South, Agwu, Igbo- Etiti and Isi-Uzo local government councils and assets procured with the funds should be forfeited to the federal government? The court is the last hope of the common man.
Therefore, the Federal High Court, Lagos, should have done the needful justice it wasestablished for. This follows the fact that a prima facie case has been established that part of the money laundered and transferred into Nnamani’s account in the United States from the Excess Crude Account (ECA) were allocations meant for the above local governments in Enugu State.
In my humble view the honourable court erred in law by ordering the former governor to forfeit these assets and funds to the federal government instead of the original owners – the above local government Councils. Enugu State government, the affected local government councils and concerned individuals should note that they are obligated through lawful means to demand that these assets and funds be returned to the rightful owners.
It has become a puzzle that none of the political office holders accused of financial recklessness from 2003 till date were honestly convicted. Pundits have also queried the weak and shoddy legal approach seemed to have adopted by EFCC in prosecution of cases. The agency has always been a perennial court victim of ill- preparation. So many cases had been thrown out for lack of diligent prosecution. In view of this, we must ensure cautious optimism as regards the way EFCC handles these highly publicised swoops.
If the accused politicians who steal big have the financial war chest to frustrate the judicial process, the court and EFCC are equally complicit.The commission and the courts have been at each other’s throat over who is culpable on this issue. Why will Nigerians notbe skeptical of the genuine intentions of both EFCC and even the courts in diligent prosecution of the accused politicians?
A lot have pending corrupt cases against them; but they have been able to procure political offices for cover and the Senate seems to be the safest haven for most of them. For now, it is only in the court of public opinion that these people were found guilty.What Nigerians earnestly want was to see more of these arraigned politicians put behind real bars. But it must be through due and diligent judicial processes because the accused is equally entitled to a right of fair hearing and trial.
Eze is of Kaduna Electric and can be reached via [email protected] or 08060901201