The Economic and Financial Crimes Commission (EFCC) is making waves with the high speed of arrest and prosecution of high profile suspects.
Last week, the anti-graft agency arraigned three former governors in court for fraud, corruption and money laundering charges allegedly committed while they were in office.
Former Adamawa State Governor, Murtala Nyako, his son and two others were accused of misappropriating over N40 billion.
Former Imo State Governor, Ikedi Ohakim, was charged with alleged fraud and paying $2.29 million (N270 million) cash for property in Asokoro, Abuja.
Former Jigawa State Governor, Sule Lamido, and his two sons – Mustapha and Aminu – were charged along with Aminu Abubakar over N1.3 billion financial crime.
Supporters of the EFCC hail the speed at which it is moving in its fight against the suspects, though all the accused persons pleaded not guilty in court.
On the other hand, critics of the EFCC wave aside the flurry of court appearances, describing them as movements without motion towards conviction and refund of funds stolen from the treasury.
Both supporters and critics have justifiable reasons for their positions about an agency once applauded as the solution to the depth of corruption into which Nigeria has sunk.
For supporters, once a case file leaves the EFCC, the agency has finished its task.
However, the diligent prosecution of cases, the conviction of suspects, and the recovery of loot are all subject to the vagaries of the judicial system – which, itself, is not free of corruption and its perversities.
Defence lawyers ask for adjournments and interlocutory injunctions which leave initial cases untouched while tangential trials snake through the lower courts to the definitive judgment of the Supreme Court. Such contrived delays are beyond the control of the EFCC.
Nonetheless, critics do not accept the excuses given by the EFCC. They insist that if it thoroughly investigates cases before arresting suspects or taking them to court, no lawyer could appear before a judge and stone-wall a case to buy time for clients and get them off the hook.
The EFCC is doing specialised fishing. It eagerly arrests suspects without thorough investigation, sometimes subjects them to harassment and torture to extract information, and goes to court with shoddily prepared cases.
Instead of five-count charges EFCC prosecutors can prove before a judge, they carry their fishing to unimaginable levels of 100-count charges, none of which they can prove successfully.
Each charge leaves a gaping hole for the court to dismiss it; and the EFCC gives the impression that it profits from the corruption it was set up to fight.
Critics are neither impressed nor convinced that the EFCC is making any of the commendable efforts hailed by its supporters.
The belief is more widespread that it is not a ferocious bloodhound against corruption but a toothless, tamed hound which barks selectively at federal government’s opponents and critics when it is time to play dirty politics.
To give bite to the hounds, former EFCC Chairman, Farida Waziri, sought amendment of the EFCC Act to create special courts for accelerated hearing.
In special courts, there would be no legal technicalities and each case is tried within one month. Special courts have the advantage of immediacy in the dispensation of justice and the value of monetary assets confiscated is not depreciated by inflation and devaluation.
Ohakim left office four years ago. Only now was his case file dug up to restart his prosecution. What new evidence came up?
After leaving office, Nyako fled to Europe to avoid prosecution.
Lamido had constitutional immunity, but not his two sons who were first arraigned in court on November 16, 2013 for allegedly laundering N10 billion.
A Kano court made Lamido forfeit 25 per cent of the $50,000 he did not declare to the Customs before boarding a flight to Egypt.
Lamido had alleged in an interview on Vision FM radio that the Goodluck Jonathan government had run out of options to harass and intimidate him, especially after he teamed up with other governors in the Peoples Democratic Party (PDP).
Such complaint reinforces the widespread perception of the EFCC as being used by the government to harass and intimidate opponents selectively.
Moreover, the suddenness of the EFCC erupting into near-Olympic sprint hyperactivity dusting old case files convey the impression that its leaders are seeking to impress President Muhammadu Buhari.
The EFCC should revive its demand to National Assembly (NASS) to amend its Act in order to recruit competent investigators, set up special courts for accelerated trials and stiffer sentences.
When criminals are not punished commensurately they become role models for corruption which is ubiquitous across all social sectors in Nigeria.
Unless the EFCC gets off its apathy about the gigantic problem confronting the society, the country will remain in the primitive doldrums while grumblers denounce the corruption they enjoy.
