TO BE FAIR, SOME OF OUR INSTITUTIONS ARE WORKING HARD

In our Country, it is popular to criticize our public institutions as being ineffective and inefficient. Infact, some have been fully written off. For example, most Nigerians have nothing good to say about our Police or Customs . They are accused of all sorts of dismeanour but mostly corruption. Recently, our Judiciary has come under severe attack following their decisions on electoral matters. Those who won the cases in court hailed the courts as the last hope for the common man, while those who lost, castigated the courts as being influenced by political and pecuniary considerations. Though the Chief Justice of Nigeria criticized the Appeal Court Judges for giving contradictory judgements which was kind of unusual self criticism or self censorship. I have never seen any police chief criticize another or accept any criticism, they are always on the defensive.
But we must be fair that while it true that many of our Agencies are performing poorly, some of our institutions are working really hard, despite obvious difficulties in our polity. I wish to state without fear of any contradiction, that there is no public sector institution or agency in Nigeria that is completely autonomous. The governments that set them up always try to interfere directly or indirectly or at least by 'body language'. Some times they interfere by underfunding the agencies. Indeed, the level of autonomy or independence achieved by some of the agencies has been a function of the integrity and strength of character of the leadership and their determination to personally resist interference without caring about the political risk .
 One Agency that on the balance has worked hard and continuous to work very hard is the Economic and Financial Crimes Commission(EFCC). From the pioneering days of Nuhu Ribadu, the agency pursued its mandate with extraordinary zeal and competence that was unknown in our Country.  I was personally shocked to learn that Nuhu was a police officer. I could not believe that the much denounced and derided Nigeria Police Force could produce a man in the mould of Nuhu Ribadu. Despite all the challenges from the Judicial system, Nuhu secured judicial indictment of many otherwise "untouchables" in our polity and economy.  It was Nuhu and his EFCC that brought the thriving '419' industry in Nigeria to an untimely death. Though EFCC seemed to have had difficult times during the tenure of Mrs Farida Waziri and her successor Ibrahim Lamorde, the agency remained one of the few that have results to show for the cost of running them. But since this lanky guy, Ibrahim Magu came to power, it seems that Nuhu Ribadu has reincarnated. I am amazed by the number of cases that the Agency is handling at the same time. They have many old cases in court, and since President Muhammadu Buhari (PMB)started his ANTICORRUPTION putsch, EFCC is inundating our courts daily with new cases.   They are investigating many cases at the same time, some involving poring  through tons of documents, including bank statements, cheque books and invoices. Many times, they follow trails to many states and to many Countries. Knowing that they establish prima facie case against any suspect before arresting them or arraigning them in Court, it is mind boggling to estimate the number of cases they are investigating, arresting, arraigning and prosecuting at the same time. Often I wonder how many people are in the employment of the Agency. I wonder how many lawyers are working for them as staff. When I consider the number of cases which each lawyer handles, I wander how they are coping, though I know they also hire private lawyers. Nevertheless, It brings home the reality that these staff are currently over worked. And yet they maintain the zeal and show a high level of patriotic commitment to their jobs.
One would have thought that given the difficulties of the past, the judicial tardiness and the intensity of the present work created for them by PMB, many of the old matters would have fallen off their radar. But it is gratifying to note that once you get into the EFCC net, they are not likely to let you off, unless you have paid for your 'sins' or the court sets you free. Last Friday I was surprised to read from the news that the EFCC won an appeal at the Supreme Court against Orji Uzor Kalu. Orji who governed Abia State from 1999-2007, was arrested, soon after his immunity expired and on July 27, 2007 was arraigned before the High Court in Abuja on charges of money laundering, official corruption and criminal diversion of Public funds  totaling about 5.6 Billion Naira. Rather than submit to trial, On Sept 3, 2007, Kalu filed a motion before the Court seeking an order to strike out all the 97 count charges against him and to vacate the terms and conditions of the bail earlier granted by the Court. The court dismissed the motion, and rather than return to trial, Kalu appealed against the decision in the Federal Court of Appeal.
In its decision of April 2012( about 5 years later), the Court of Appeal , Abuja Division, dismissed the appeal by Orji Kalu against the ruling of the Federal High Court Abuja, dismissing his motion seeking to quash the charges against him and his company , Slok Nigeria Ltd. Justice EKO who read the judgement on behalf of Justices Kayode and Regina  Nwodo noted that the proof of evidence attached to the 97 count charges preferred  against Orji Uzor Kalu and his co appellants by the EFCC disclosed Prima facie case against the former governor and others. Dissatisfied with this ruling or as a ploy to delay or escape facing trial, Kalu approached the Supreme Court.  But a five man panel of the Supreme Court, last week,in its unanimous judgement written by Justice Suleiman Galadima upheld the concurrent decisions of the Federal High Court Abuja and the Appeal Court Abuja and refused the appeal, finally directing Orji Uzor Kalu to go and face trial.
Thus after nearly 9 years of trying to evade Justice, Orji Uzor Kalu will stand trial on the 97 counts bordering on Money laundering, official corruption and criminal diversion of Public funds in excess of 5 Billion Naira. This piece is essentially to salute the staying power and commitment of EFCC to bring the alleged criminals to Justice . I can imagine what great pressure that must have been put on the EFCC officials to abandon the matter over these 9 years and similar pressure that may have been put on the justices of the appellate courts. It is certain that Orji Kalu is not alone in this effort to evade Justice. There are many cases especially concerning former political office holders and those who think they own this Nation or that they have so much money that they can buy everybody, that seem to have been forgotten. But I am sure that Ibrahim Magu and his highly motivated team will ensure that they face Justice, no matter how long it takes. I encourage them to remain dogged and also law abiding.
In addition to the EFCC, there are other institutions  in Nigeria that are working really hard and producing good results, sometimes without much fanfare. They deserve our gratitude and applause as well. In my view such institutions include, the National Industrial Court, the National Pension Commission, the Nigerian Broadcasting Commission, the Debt Management office, the Federal Inland Revenue Service, the Sovereign Wealth Fund and the Supreme Court. I would have included in this short list, NAFDAC in the days of Prof Dora Akunyili and INEC in the days of Prof Atahiru Jega. These days I am no longer sure.


Mazi Sam Ohuabunwa OFR 

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  1. The font is extremely large and makes reading the article very difficult. Please, Admin, kindly adjust the font.

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