By Mohammed Kabir Umar
The recent attack against the Hon. Attorney General of the Federation (HAGF) by a consortium of faceless Civil Society Organizations (CSOs) hiding under the pretense of writing a rejoinder to the accusation of undermining the war against corruption made against the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Mustapha Magu, has once again brought to fore the impunity that has characterized and bastardized the public service system in Nigeria. It is indeed surprising that an institution whose nomenclature and status under the civil service administrative structure is subordinate to a deputy director in the Ministry of Justice could join issues with the only Minister in the Federal Executive Council whose office, role and function is clearly stated in the Constitution of the Federal Republic of Nigeria.
The rejoinder, needless to add, is a serious disrespect to the office of the HAGF, a rape of the Constitution and a gross indiscipline to the recognized ethos inherent in the present Change Agenda. In fact, it is sacrilegious for a low-rank officer to join issues with the Chief Law Officer of the Federation.
We shall begin by unequivocally stating with all forces at our command that the Rejoinder by the CSOs, which appeared in the SaharaReporters website in the last week of August 2017, was allegedly sponsored and directed by the leadership of the EFCC. Magu must be a (f… ) to think that ‘the Voice of Jacob and hands of Esau’ could not be clearly seen in the writing. We are convinced of this for obvious reasons. First, the details of some facts in the Rejoinder are beyond public domain and could only be provided by the leadership of the EFCC. Secondly, the attack against the HAGF follows the same pattern of response whenever accusations are made against the EFCC Acting Chairman since his assumption of office in February 2016. We could all remember how the respected NBA President and the fearless Lawal Daura were attacked in their encounters with Magu. Thirdly, it is well known that EFCC, as its official policy, surreptitiously uses CSOs in mobilizing support and neutralizing propaganda against it. Mallam Nuhu Ribadu started using it but, unlike now, used it in a more refined, strategic and professional manner. Magu cannot fool all the people all the times, and certainly not this Vanguard.
In the Rejoinder, the HAGF was said to be desperate to assert his role as the Chief Law Officer, of not doing anything on the Malabu case, of not successfully prosecuting any case and the insinuation that part of EFCC prosecuting team includes officers seconded from the HAGF office. These accusations, as laughable as they are, could only emanate from a person who is ignorant of the prosecution process, oblivious of the justice system as well as lacking in capacity to understand, appreciate and leverage on what obtains in other national jurisdictions. In fact, some of the accusations are a direct indictment of his superiors in the Police force, who are statutorily charged with the responsibility of crime investigation. We are not however surprised because Magu has a myopic view of public service as the totality of his investigation and management experiences are limited to only EFCC where he rose from a middle cadre to a junior management officer of no more than the rank of an Assistant Director in the Federal Civil Service.
It is therefore apposite to educate both Magu and the CSOs on the powers and status of the HAGF under the Constitution. The Constitution empowers the HAGF in section 174(1) to institute, undertake, take over and continue criminal proceedings in respect of any offence under any law made by the National Assembly. The HAGF also has the power to discontinue such criminal proceedings at any stage before judgment is delivered. Such powers, as stated in the case of Rabiu vs State (1981) 2 NCLR 293, cannot be questioned by any Court of law. In the case of Amadi vs Federal Republic of Nigeria (2008) 18 NWLR (Part 1119) at page 259, the Court stated clearly that though the EFCC can prosecute, it could only do so on delegation and at the discretion of the HAGF. Such is the tradition in all civilized nations. In USA, Canada and India, no investigating officer could contemplate prosecution without clearance from the Department of Justice (DOJ), not to talk of grandstanding against the Attorney General.
In USA, for example, the FBI, the DEA, the US Marshalls and the BATFE are all employed by the DOJ, and as employees, are basically overseen by the AG. The DOJ restricts the responsibilities of these agencies to only criminal investigations while federal attorneys for districts, popularly referred as District Attorneys (DAs), are responsible for criminal prosecutions of federal offenses in their respective districts. Such District Attorneys also report to the AG. The investigating agencies have nothing to do with the decisions on prosecution of federal criminal cases. We could all recall the comments of the former FBI Director, James Comey, during US Senate investigation that the FBI dares not recommend prosecution of any person or offence to the DOJ as that is the exclusive role of the DOJ. Magu should take a cue and learn from the US prosecution system.
It seems to us that the Acting Chairman was livid because he was shown to be undermining the fight against corruption. Money laundering by government officials is the most difficult case to prosecute. It requires superior intellect, foolproof strategy and excellent teamwork among critical stakeholders, i.e. the investigator, the prosecutor and the economic policy drivers. If utmost care is not applied in the prosecution of such cases, government will waste its time, energy and resources as well as loose face in the comity of nations. The consequence of which is stunted economic growth, low economic activities and investment flight. Since his appointment to the EFCC leadership, Magu has not moved up to a standard expected of an executive management staff. If truth must be told and looking at the above parameters, it is axiomatic that Magu is singlehandedly undermining the fight against corruption.
By his actions or inactions, Magu has painted the administration in the eyes of many Nigerians as dictatorial. He has not given much primacy to the investigative role of the EFCC, such that his investigations are shoddy and could not convict any person. Hence, the serial losses of criminal cases in courts. He is always in a hurry to impress as if criminal cases before courts of law are popularity contests. We all have seen how the EFCC bungled the case against Bukola Saraki at the Code of Conduct Tribunal through incompetence and weak investigation, but which our own Malami is now bearing the brunt because the buck stops on the table of the HAGF.
The EFCC must defer to superior intellect. The police are used to the archaic approach of investigation and prosecution, which depends solely on threat and intimidation instead of a methodological approach that ensures effective asset recovery, successful prosecution and sustained national economic development. The former method, which Magu is using, has never worked anywhere in the world in respect of Money laundering cases. Let him take heed to the observations of one of the EFCC’s development partners that EFCC is using 19th century solutions to 21st century problems and also listen to good counsel from erudite lawyers like the NBA President, AB Mahmoud (SAN) and the SA to Mr. President on Prosecution, Obono-Obla (SAN).
Magu finds it difficult to collaborate with other arms of government. By not aligning his activities with the economic policies of the Federal Government, he is singlehandedly jeopardizing the economic development manifesto of APC and the good intentions of Mr. President for the Nigerian people. If truth must be told, Magu’s actions provided the building blocks for economic recession in Nigeria. Finally, it is common knowledge in Abuja circles that Magu has made EFCC as cesspit of corruption with many of his operational staff building estates and living beyond their normal means. Not only that he is dangerous to our system, it is doubtful if he could, in the fullness of time, achieve anything tangible in the fight against financial corruption by public officials.
The so-called 194 and 103 criminal convictions in 2015 and 2016 by the EFCC, if properly scrutinized, were merely for strict liability offences and/ or against indigent offenders and ‘yahoo-yahoo’ boys, who would naturally make no effort to avoid convictions. None of the convictions was on solid money laundering offence arising from official corruption, which is the hallmark of the APC campaign objective. Even the so-called recoveries of monies and freezing of assets worth billions of Naira are susceptible to restitution as they were done outside prosecution of the suspects on merit. Before he accused any person of non-performance in the prosecution of cases, let him properly and comprehensively investigate the said cases.
For his information, Magu should know that Malami was a grade A graduate of Law in his University, a no-nonsense Magistrate in the early 90s, a well respected private legal practitioner who, through dint of hard work, diligence and intelligence, rose to become a SAN, a member of the inner bar, at such a young age when his mates were struggling to find their feet. It was on account of his excellent legal practice skills that Mr. President appointed him as the AGF. His composure so far is a testimony to his sterling qualities as both a lawyer and a leader. We are indeed very proud of our own, the HAGF.
Finally, Magu must retrace his steps, respect administrative hierarchy and stop childish sponsorship of diatribes against his superiors as well as learn the ways of 21st century management strategy, which emphasize on teamwork rather than individualism. He must focus on his primary role of investigation and cede prosecution responsibility in its entirety to the AGF as envisaged under the Constitution. The HAGF is neither his match nor his colleague – he is his boss!
Mohammed Kabir Umar
For: Land of Equity Vanguard
Kebbi State, Birnin Kebbi
