*War over anti-graft modus-operandi rages

By Ikechukwu Nnochiri

Tongues have already started wagging! Whose interest was the Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke,SAN, representing when he gazetted regulations he insisted should be religiously followed by the Economic and Financial Crimes Commission, EFCC, in its operations.

Critics have already said this was nothing but a subterranean plot to make the anti-graft agency impotent or subservient to the AGF.

While many have started fingering some embattled politicians, including but not limited to the immediate past big-wig politicians, as the unseen brains behind the regulations, others argued that it may not be unconnected with an outstanding acrimony that allegedly ensued between the AGF and the EFCC chairman, Madam Farida Waziri, over how monies collected from several indicted multi-national companies through the plea bargain formula, should be shared.

Though the veracity of these assertions remains within the realm of hypothesis and conjectures, what is however clear is that there seems to be a running battle between the agency and the office of the AGF.

Sunday Vanguard gathered that the AGF,  through the said regulations to EFCC, made it mandatory that the commission must secure his permission before criminal action could be initiated against anyone accused of complicity in money laundering or any other financial crime exceeding N15  million.

He also made it compulsory that the agency must tender all its proof of evidence to his office for verification and approval, before alleged criminal cases could be charged to court.

Despite the fact that this action has attracted enormous opprobrium from the public, the AGF, however, has remained adamant, insisting that his aim was not to unduly control the commission, but to ensure that it respects suspects’ rights and liberties as enshrined in the constitution – but he is yet to come up with any abuse of suspects’ rights and liberties.

So, what else would constitute undue control?

Adoke argued that the regulation sought to prescribe safeguards to ensure that the prosecutorial powers of a public-funded agency are exercised with due diligence and are not deployed to fight perceived enemies – he is also yet to tell Nigerians the perceived enemies EFCC has been fighting with.  Worse for the AGF, he is saying this at a time when a public figure being tried for corruption is praying the court to change a prosecutor in his case filed by EFCC.

But, according to Adoke, “I have noted the concerns of some well-meaning members of the society on the actions taken by my office some five months ago to make regulations to guide the operations of EFCC. I wish to assure Nigerians that the regulations which were made pursuant to Section 43 of the EFCC Act, 2004, are meant to assist the EFCC to function properly and discharge its statutory mandate in line with the dictates of the Constitution and Rule of Law.

“Let me reiterate for the avoidance of doubt that the regulations are not meant to stifle the work of EFCC or make it a lame duck, but to ensure that due process is observed by all and sundry. In this regard, we shall not shy away from our constitutional responsibility and will not hesitate to bring the full weight of the law to bear on any one that discharges his investigative and prosecutorial functions outside the confines of the law.

“I also wish to reiterate that EFCC remains a major partner in the war against corruption, economic crimes and money laundering. Accordingly, the office of the Attorney-General of the Federation will continue to extend the needed support to the agency to enable it fulfill its mandate”.

He said regardless of the alarm raised in certain quarters that the guidelines were meant to cripple the anti-graft agency, he was resolutely committed to supporting President Goodluck Jonathan’s determination to fight corruption within the ambit of the law.

“The regulations also stipulate clear guidelines for entering into plea bargain agreements. It is intolerable that persons convicted in high profile cases end up with ridiculously low punishment on account of the agreements with prosecutors without recourse to the AGF.”

Adoke may have a point there because some publicly known economic crime lords have been let off with pittance as bargains of plea.

Continuing, Adoke said: “Public outcry in respect of some of the plea bargains conducted by EFCC that led to the imposition of ridiculous sanctions is still fresh in our collective memory. This cannot be in the public interest as it offends the constitution that AGF has sworn to defend”.

In spite of his arguments, critics are  questioning his intentions, pointing out the fact that the only argument the embattled former Speaker, Dimeji Bankole, who is  facing two separate criminal charges preferred against him by the anti-graft agency, had, was that the prosecuting counsel, Mr. Festus Keyamo, failed to secure the express permission of the AGF by way of ‘Fiat’, before he was  dragged to court.
Bankole, in urging the trial court to quash the entire criminal charges against him, contended that it was only the AGF, that has the authority to okay him for trial.  He may yet have a point.

Moreso, it was few days after the former Speaker was arraigned in court that the AGF in the course of his screening before the Senate, inveighed heavily on the operations of the EFCC, bemoaning what he termed “media trial” by anti-graft agencies in the country.

Adoke pointedly slammed EFCC, saying it lacked the capacity to investigate and prosecute economic crimes, adding that it should be accordingly merged with the Independent Corrupt Practices and Other Related Offences Commission, ICPC.

He said: “When we as the Ministry of Justice try to guide these agencies, they complain of interference”, adding that “it will be appropriate to merge these agencies so that they can effectively fight corruption.”

Reacting to this call, the Nigerian Bar Association, NBA, penultimate Wednesday, condemned him over the comments, stressing that it was inimical to the anti-corruption war.

“The Bar does not agree with the Attorney-General or whoever made that suggestion. We believe that it manifested an over desire by someone who wants to gain total control of all the anti-graft agencies in the country, they should not only be independent but should be allowed to operate as such. It is our view that there is even need to have at least three or four more agencies like that in this country”, the NBA stated.

With all these hullabaloo and the raging controversies, the pertinent question that has remained on the mind of onlookers is, what does Adoke want from  EFCC?