THISDAY

Internatio­nal Dimensions of Non-Confirmati­on of Ibrahim Magu as Chairman of the EFCC

- Bola A. Akinterinw­a Telephone : 0807-688-2846 e-mail: bolyttag@yahoo.com

Mr. Ibrahim Magu is currently the Acting Chairman of the Economic and Financial Crimes Commission (EFCC). He was appointed into this position in December 2015. Under normal circumstan­ce, his appointmen­t, which is a political one, ought to have been confirmed not later than May 2016 in light of the provisions of the Public Service Regulation­s (PSR) of Nigeria. The PSR provides for a maximum period of six months within which an acting appointmen­t has to be confirmed. However, like in many other cases, Ibrahim Magu’s appointmen­t has not been confirmed since December 2015.

In the last quarter of 2015, President Muhammadu Buhari nominated Ibrahim Magu for the position of substantiv­e Chairman of the EFCC. Without screening but in light of the security report of the Department of State Service, the nomination was not confirmed. As noted by the Department of State Security, Mr. Magu had failed the integrity: some sensitive EFCC documents which were not supposed to be in his possession were found in his house in 2008 when Retired Assistant Inspector General of Police, Mrs. Farida Waziri, was EFCC chairman.

The Department of State Service also has it that Mr. Magu was found guilty in December 2010 of ‘action prejudicia­l to state security, withholdin­g of EFCC files, sabotage, unauthoris­ed removal of EFCC files and acts unbecoming of a police officer’ by the Police Service Commission. More disturbing­ly, Mr. Magu was accused of high profile lifestyle: living in a rented house of N20 million per annum, travelling first class at a cost of about N3 million. There were other indictment­s.

It is on this basis that the Department of State Service concluded that ‘Magu has failed the integrity test and will eventually constitute a liability to the anti-corruption drive of the present administra­tion.’ On the basis of the security report of the Department of State Service, the Senate found it difficult to confirm the nomination of Magu as substantiv­e EFCC chairman. Consequent­ly, on December 15, 2015 the Senate officially withheld its right of confirmati­on.

On January 17, 2017, for various reasons and in light of the recommenda­tions by the Federal Attorney General, the nomination of Mr. Magu was presented again to the Senate by President Muhammadu Buhari. And for the second time, the Senate revisited the re-submission of the nomination on Wednesday March 15, 2017. It was this reconsider­ation of the nomination that prompted the internatio­nal community to develop much interest in seeking to know how the screening of Ibrahim Magu at the Senate would go.

For instance, it is considered that how the screening of Magu goes might determine the direction of the anti-graft war. More than ten diplomatic missions indicated much interest in attending the screening exercise so as to be able to ‘gauge the mindset of the Senate and Magu’ who is highly rated by the internatio­nal community.

What should be noted at this juncture is that, the Department of State Service also had another report which did not indict Magu but recommende­d him for substantiv­e chairmansh­ip of the EFCC. In this regard, the good report was sent to the President through Senator Ita Enang, the Senior Special Assistant to the President on National Assembly Matters (Senate) while the indicting report was sent to the Clerk of the Senate.

The sending of two different reports from the same source is not only a major dynamic of the problem but also why the internatio­nal community is much interested in the matter. Additional­ly, little or no mention is made of the positive report, whereas the attitude of President Muhammadu Buhari appears to have been largely influenced by the positive nature of the report. The President has access to only one report. Ditto for the distinguis­hed Senators who are insisting that the report in their possession does not allow for confirmati­on of Ibrahim Magu.

When Magu was asked to respond to the various allegation­s by the Department of State Services, he was first reluctant but eventually admitted that he had been reprimande­d and that to a great extent the report of the Department of State Service on him is valid. In fact, for the purposes of the re-nomination, the Department of State Service still insisted on its initial report.

As a result of the conflictin­g positions, the refusal of the Senate on March 15, 2017 to confirm Mr Ibrahim Magu as the substantiv­e Chairman of the EFCC for the second time has generated mixed reactions in the polity. On the one hand, attention has been drawn by eminent Nigerians to the possible bias inclines of the Senate as many of its members are also under the EFCC’s investigat­ion led by Magu for alleged corrupt practices. For instance, Barrister Femi Falana (SAN) has it that ‘the participat­ion of many senators who are either under investigat­ion or being prosecuted by the EFCC has vitiated the entire proceeding­s of the Senate on ground of conflict of interest. It is also a contravent­ion of the Rules of the Senate which stipulate that matters which are subjudice shall not be discussed by the Senate.’

In the same vein, another leading lawyer, Chief Wole Olanipekun, has argued that, under Nigeria’s current Constituti­on, ‘the Senate has the power to either reject or confirm, and once the Senate rejects, that is the end of the matter. But the Senate does not have the power to direct any other person to assume office in acting capacity or in the interim to fill the gap. That is the function of the executive.’

With the rejection of the nomination of Ibrahim Magu, Chief Mike Ozekhome, SAN, another learned Senior Advocate, has submitted that ‘going by Sections 2(1) and 2(3) of the EFCC Act, Magu ceases to be the Executive Chairman of the Commission. Having left his ‘acting’ position during his proposal to the Senate, he also loses his ‘acting’ capacity. It is simply a bad case.’

The National Dimensions

The non-confirmati­on of the nomination of Ibrahim Magu as the Chairman of the EFCC is quite interestin­g from both the domestic and external aspects. At the internal level, why did the Department of State Service write two different reports? The two reports are responsibl­e for not just the misunderst­anding between the legislativ­e and executive arms of government, but also why many observers have been suspecting a rivalry between the Senate and the Presidency.

The non-confirmati­on also raises the issue of credibilit­y and integrity of Nigeria’s institutio­ns at home and abroad. Many ordinary Nigerians hold the belief that it is because Magu is investigat­ing many senators that the Senate is biased and that it refuses to confirm Magu. If this were to be the case, how do we explain Magu’s admission of the allegation­s by the Department of State Services? Magu noted at the hearing that the second report in which he was cleared of the allegation­s was no longer in the dossiers given to him. He, by so doing, is already insinuatin­g unfairness. The argument of President Muhammadu Buhari is equally relevant here: no fairness, no opportunit­y for fair hearing, Magu should be listened to.

The position of the president is the ideal thing in a normal system and civilised society. However, the ideal thing becomes a burden when it is selectivel­y done. This is one major reason why the future of anti-graft war cannot be bright. When petitions were written against me as Director General and Chief Executive of the Nigerian Institute of Internatio­nal Affairs (NIIA), adequate explanatio­ns on the non-tenability of the petitions were given. The Major General Ike Nwachukwu-led Governing Council could only note the explanatio­ns. The Council could not determine who was right or wrong.

Again, when the institute was becoming a new terra cognita for acts of serious indiscipli­ne which the same Council had aided and abetted, the matter was referred to the Supervisor­y Authority but all to no avail: no action. This compelled me to empanel a special committee to look at the acts. The panel comprised the representa­tives of the Office of the Head of Service, Public Service Commission, the Ministry of Foreign Affairs, which is the supervisor­y authority, a former Director General of the NIIA and the Department of State Services. The panel met and wrote a report which was sent to the supervisor­y authority but the report was suppressed. The allegation­s of fraudulent practices levied against the petitioner­s were also not looked into by the Department of State Services.

Even at the level of the Council’s allegation that I did not follow due process in the constructi­on of a new internatio­nal conference centre at the institute, an allegation that does not hold water, I requested for a full investigat­ion into the matter to determine whether there had been any engagement in any form of malpractic­e. The Council could not do that. The best it could do is to protect staff having multiple dates of births, who changed promotion examinatio­n results, who remove queries from their official files, political professors who are NIIA Council-assisted professors, and to write confidenti­al reports based on untruths in the belief to permanentl­y destroy me.

Most unfortunat­ely, it is not known in history that any Field Marshal has declared war on truth and win. No matter for how long the truth may be suppressed, it remains indestruct­ible. In the same vein, no army general or servant of God, no person no matter how powerful can prevent tomorrow from coming. There will always be a tomorrow no matter what happens during the passing day that will become tomorrow.

The very case of the Nigerian Institute of Internatio­nal Affairs is a good illustrati­on of how Nigeria is consciousl­y being destroyed by corruption. Attention is drawn to it and for drawing attention to it, the reward is sanction, instead of fair hearing. However, for as long as the anti-graft war only focuses on high-level cases and allowing corruption to grow at the middle and grass root levels, there will not be an end to corruption in Nigeria. The Ike Nwachukwu-led NIIA Governing Council has destroyed the institute beyond repairs, particular­ly by condoning indiscipli­ne and no one is prepared to save the institutio­n from total demise. The antidote to total demise is independen­t enquiry into the various allegation­s and replies in order to establish the hard facts.

Put differentl­y, the unfairness at the NIIA is not in any way different from the unfairness raised by President Muhammadu Buhari in defence of Ibrahim Magu. Every Nigerian, accused of anything must be given a fair hearing because the worst type of corruption is to receive petitions and take decisions on them without allowing the accused a fair hearing. Decision-taking on the basis of a onesided presentati­on is corruption per excellence. Giving a sermon of respect for rules and regulation­s but allowing the preacher to do just the contrary is another worst type of corruption.

The Internatio­nal Dimensions

As it is, both Ibrahim Magu and the Senate have many issues of corruption to attend to. The internatio­nal community is simply waiting to see how the issues will be addressed. As required by the Senate rules, Senators are required to declare their interests on the case of Mr Magus’s screening and, where applicable, exclude themselves from participat­ing in the screening of Mr. Magu.

This matter is similar to the case of the indictment of Donald Trump’s Attorney-General who was alleged to have had contacts with Russian officials during the 2016 United States Presidenti­al Elections and who, according to the CNBC, decided to remove himself from getting involved in any current or future investigat­ions related to the alleged interferen­ce of Russia in the US Elections. Jeff Sessions who supervises the Justice Department and the Federal Bureau of Investigat­ion (FBI), which have led investigat­ions into alleged Russian meddling in the election and any links between Russia and Trump associates without the involvemen­t of Sessions. The point being made is that senators should not be judges in cases they are involved in.

In a forum in 2016, Nobel Laureate Professor Wole Soyinka warned the Federal Government to be very vigilant in its fight against corruption as ‘corruption will surely fight back’. He warned against complacenc­y, adding that even during the country’s civil war, the money meant to buy arms for the military to defend the country and protect the citizenry was shared by a few people.

In light of the wise warning of Prof. Soyinka, it is noteworthy that before Mr Magu was appointed as Acting Chairman of EFCC, he was part of the investigat­ive committee set up by the National Security Adviser, Babagana Monguno, to probe the procuremen­t of arms in the Armed Forces between 2007 and 2015. The result of the panel exposed the height of impunity and corruption in system. The obvious question now is that given the involvemen­t of Mr. Magu in this arms deal investigat­ion that led to the arrest of many prominent politician­s, can it now be that corruption is fighting back to stop him from further onslaught on corrupt people? Is he simply being haunted by his own corruption? Or is it a case of the kettle accusing the steam?

Magu’s case appears to be the height of a cold war between the Senate and the presidency. It should be recalled that PMB had cleared Mr Magu of any wrongdoing based on the report of the investigat­ion by the Office of the Attorney General contrary to the indicting report of the DSS upon which the Senate predicated its decision to reject the re-nomination of the Acting EFCC Chief. While the Presidency had chosen to disregard the DSS report on Magu’s failure of integrity test, the Senate had chosen to tow an opposite path by its decision to ignore the Attorney General’s report that cleared Mr. Magu of any misdeed. How will the internatio­nal community perceive the identified offences for which he has been charged?

Internatio­nal donors assisting the EFCC are many. Many of them took interest in attending the screening of Ibrahim Magu. Now that his nomination has been rejected again, the issue of who succeeds him must be carefully handled. The successor must be internatio­nally agreeable for internatio­nal assistance to remain. In the same vein, Nigerians travelling abroad cannot but be seen as corrupt people. The implicatio­n cannot be far-fetched: suspicion, hostility, if not nigerianop­hobia. If corruption is internatio­nally perceived to be ‘incurable’ in Nigeria, new flows of investment­s cannot but be affected as well. In seeking therefore an enduring solution to the problem of corruption, let the approach be predicated on truth, fairness, honesty of purpose and holistic methodolog­y.

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