Since the allegations of bias or persecution being leveled against the EFCC are deliberately designed to discredit the renewed fight against corruption and shield looters from prosecution it is high time that the attention of Nigerians was drawn to the fact that corruption is fighting back. It is indeed embarrassing that some members of a regime that promised to fight corruption are involved in the dubious campaign to sustain impunity in the country. Having closely monitored the recent activities of the EFCC since it was established over 10 years ago, I can say, without any fear of contradiction, that the Buhari Administration has not gone beyond granting autonomy to the commission to discharge its statutory duties. It may interest Nigerians to know that majority of the petitions which formed the basis of the ongoing investigation by the EFCC were submitted before the emergence of the Buhari Administration.
I have confirmed that the petition against the cabal of fuel importers was submitted to the EFCC sometime in January 2012 by the immediate past Minister of Petroleum Resources, Mrs. Deziani Alison-Madueke on the directive of President Jonathan. Even the petition against those who duped the nation of hundrerds of millions of dollars through the oil swap scam was also submitted to the EFCC by her after the 2015 presidential election. With respect to the ex-governors of the APC and PDP who are currently standing trial, the petitions which triggered the investigations were written and submitted to the anti graft agency by concerned citizens and anti-corruption bodies. The kwara state chapter of the PDP has owned up that it authored the petition alleging fraud against the spouse of a public figure.
It should be pointed out that the EFCC and other anti graft agencies are being inundated with petitions by Nigerians and foreigners alike who believe that the Buhari Administration will not shield corrupt people from investigation and prosecution. To that extent, the decision of the federal government to limit the investigation of corruption cases to the Jonathan Administration cannot be justified in law. As there is no statute of limitation with respect to corruption cases aggrieved Nigerian citizens cannot be restrained from exposing corrupt practices of successive regimes. More so, that President Buhari has requested the Obama Administration to assist in the recovery and repatriation of $150 billion stolen from Nigerian in the past decade.
CONCLUSION
In the light of the foregoing, the renewed war against corruption should be supported by the Nigerian people. It is indisputable that an enabling environment currently exists to promote public accountability in the country. Apart from respecting the autonomy of the anti graft bodies the government should ensure that they are adequately funded. The anti graft bodies should take advantage of the Administration of Criminal Justice, 2015 to speed up the prosecution of corruption cases. If the prosecution units of the relevant bodies are prepared, the cases which have been in the docket for years may be concluded within the next six months in line with the provisions of the Act. Nigerians who are desirous to expose corruption are advised to invoke the provisions of the Freedom of Information Act and the Fiscal Responsibility Act. It has to be realized by the Government that unless the anti corruption is owned by the Nigerian people it cannot succeed.
In fighting official corruption the Fiscal Responsibility Act, 2007 has turned the Nigerian people into whistle blowers. The law has granted unhindered access to concerned citizens to approach the court to enforce compliance with the law. For the avoidance of doubt section 51 of the Act stipulates that “a person shall have the legal capacity to enforce the provisions of this Act by obtaining prerogative orders or other remedies at the Federal High Court without having to show any special and particular interest.” With the enactment of the Whistle Blowers Bill and the Witness Protection Bill by the National Assembly the Nigerian people have been further empowered to expose and fight corruption.
(Being the keynote address delivered by Femi Falana SAN at the public presentation of Dr Musa Babayo’s book on “Economic Diplomacy and Nigeria’s Foreign Policy” at Abuja on Monday 27, 2015)
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