By GRACE ABAYOMI

The account of Abdulrasheed Bawa in his book on the Petroleum Subsidy regime fraud is unnerving. From the little details to case studies, and the mechanisms for perpetuating fraud by oil marketers, it offers valuable insights not just into what transpired during the period of investigation, but also provides advisories on some of the dos and don’ts for investigators and prosecutors when investigating complex cases to guide their actions and inaction. He further highlighted common pitfalls to avoid as an investigator, which in my opinion hits the nail deeply on the head. It reminds me of the invaluable role of integrity in human endeavours, whether in our places of work, social interaction, or our home fronts.

The revelations in the book are not new to us, but he came with a different perspective that is not often realised by Nigerians when certain feats are achieved without grandstanding. As we are aware, media trials are a feature that is prevalent in our climate. And most times investigators and prosecutors bungle good cases as a result of this. There are numerous examples in this direction. Bawa, aside from the revelations, also did a good job for investigators and prosecutors in his book “The Shadow of Loot and Losses: Uncovering Nigeria’s Petroleum Subsidy Fraud”.

In chapter three, “Petroleum Subsidy Fraud: An Investigation”, he made some key points about a lacuna on the part of government towards combating fraud and corruption. His position questioned the reactive modus operandi of law enforcement agencies in the country. He said the responsibility to genuinely combat fraud and corrupt practice lies with the government and not the law enforcement agencies. I agreed with his position because according to him, “the problems surrounding procurement processes and their associated abuses are fundamentally administrative, legislative and societal issues. This is correct, on the heels that law enforcement agencies only act when these acts have been committed. What about putting in place measures that prevent these acts from happening in the first place? The point he made was that a proactive stance from the government, focusing on strengthening systems and processes is essential for preventing these issues from arising in the first place.

Bawa was blunt in his submission, canvassing for an independent and adequately financed Office of the Auditor General of the Federation, OAGF. He highlighted that the dependence of the OAGF on the mainstream civil service is a misnomer. In his words: “An independent and adequately financed OAGF can play a pivotal role in mitigating corruption in government finances more effectively than the Economic and Financial Crimes Commission, EFCC, and other law enforcement agencies.” He further highlighted that: “When the OAGF operates autonomously, it can carry out its auditing functions without fear of reprisal or interference, allowing more rigorous scrutiny of financial transactions and processes.” I agree with this position given what we know about the ineffectiveness of audit reports released by the OAGF year in and year out. It’s more like medicine after death. As it stands the OAGF is constrained in its functions and effectiveness from the points raised by Bawa in his book. I hope the government looks into this insightful advisory towards making the OAGF a truly autonomous entity that is not subject to the direction or control of any other authority.

As unnerving as the content of the book is, it also contains invaluable lessons for policymakers, law enforcement agencies, and the general public towards preventing a repeat of such fraud of unimaginable proportions

Let me delve into another associated point in the book, which is the role of investigators and prosecutors in investigating acts of corrupt practices. It is a two-fold action. The first is preventive which rests with the government and the second is investigating and prosecuting which rests with law enforcement agencies such as the EFCC. Bawa highlighted certain attributes that must guide the actions of investigators and prosecutors. They are integrity, open-mindedness, attention to detail, critical thinking, and others too numerous to mention. There is no taking away the fact that these are really essential attributes for investigators, especially those in specialised agencies like the EFCC where the possibility for compromise is high. This is an open secret. I wasn’t surprised he harped on integrity, which he described as “the paramount quality every investigator must possess.” He mentioned that “ethical behaviour is crucial as investigators must embody honesty and trustworthiness which are not only necessary for personal credibility but to also foster trust among colleagues, the community, witnesses, suspects or defendants.”

This is a tall order, but not an impossible one. My take is that investigators must be intentional in this regard as the lack of it makes the whole process messy and the outcome messier. Many innocent individuals and organisations have fallen victim to this. Another point that he touched on was the issue of “confirmation of bias.” To put it simply, confirmation of bias is “the tendency to search, interpret and recall information in a certain way that aligns with our pre-existing values, opinions or beliefs”. It ultimately leads to flawed decision-making, skewed interpretations and potentially wrongful convictions. This much Bawa confirmed by stating that “it is wrong to seek evidence that supports an initial hypothesis while ignoring or dismissing evidence that contradicts it”.

Bawa wrote from a position of knowledge and experience given that not only was he a member of the Special Team on Petroleum Subsidy, STPS, that investigated the activities of the Petroleum Support Fund, PSF, created by the Federal Government in January 2006 to help stabilise the price of petroleum products in Nigeria and enhance their availability, he was also a former chairman of the EFCC from 2021 to 2023. As he rightly captured in his book, the essence of the book was to foreground the challenges and weaknesses in the petroleum subsidy regime, and how systemic vulnerabilities and human factors can transform well-intentioned policies into avenues for exploitation, and benefiting a select few at the expense of the larger populace.

Intending readers must look beyond the outcomes of the investigations and the case studies, but also pay attention to the historical context of the petroleum subsidy regime and its attendant loot and losses that almost ran the country aground. As unnerving as the content of the book is, it also contains invaluable lessons for policymakers, law enforcement agencies, and the general public towards preventing a repeat of such fraud of unimaginable proportions. We are all bearing the brunt of the removal of subsidies on petroleum products today. But it is a lesser evil compared to allowing the regime to persist. Those who advocated for tackling the fraud in the regime, instead of outright removal would have a change of opinion after reading the book, especially chapter four, which highlighted the various mechanisms through which the fraud was perpetuated.

I recommend this book to those seeking a deeper understanding of the complex challenges and intricacies of the petroleum subsidy regime and its attendant consequences on our socioeconomic life to date.