Unworthy Fight over Magu

Bolaji Adebiyi argues that the insistence of President Buhari on the appointment of Ibrahim Magu is baffling

The senior executive of the organisation was furious as he addressed the staff that hot afternoon. Although the meeting hall had all its air conditioning units at its coldest level, the petrified staff broke out in bouts of sweat as the boss lashed out at them.

AN OFFICER APPOINTED AS AG. CHAIRMAN OF EFCC SHOULD BY ALL MEANS BE ONE OF IMPECCABLE CREDENTIALS, WITH PROVEN INTEGRITY AND CAPACITY TO LEAD THE NATION’S FIGHT AGAINST GRAFT IN HIGH AND LOW PLACES

The senior executive of the organisation was furious as he addressed the staff that hot afternoon. Although the meeting hall had all its air conditioning units at its coldest level, the petrified staff broke out in bouts of sweat as the boss lashed out at them. “You are here to ensure that those stealing the nation’s money are apprehended and brought to justice,” he said angrily. “But what do I hear? You are colluding with the thieves to evade justice. Watch out, I am watching your back. If you are caught, be rest assured that you would regret it!”

There was pin drop silence as he stood up to storm out in anger. Just then something happened. A bundle of US$100 bills fell off his trousers. The staff of course could not laugh as oga had been found to be a thief himself.

That allegory may well apply to the Economic and Financial Crimes Commission, where the physician has failed to heal himself. Set up in 2002 to fight economic crimes capable of undermining the nation’s economy, the EFCC, like many other agencies of government, has been subject of hush hush talks of being riddled with corruption. The situation is said to have worsened under Ibrahim Magu as operatives are said not only to be involved in bribe taking but also extortion and illicit sale of seized property of corruption suspects.

Given an opportunity by the Senate to defend multiple allegations of internal corruption against his commission during his controversial screening last month, Magu bungled so badly. He said he was unaware of the allegations, including those under police investigation. According to him, the EFCC was such a large organisation that he could not possibly track everything that happens under his watch. He, however, promised to investigate the allegations and revert to the Senate. Not a few discerning people thought this was scandalous. A police officer saddled with the task of leading the fight against corruption tells the nation that he is unaware of the notorious fact of an endemic malady within his agency.

Those who have followed his career progression say they are not surprised though as tardiness and obstinacy are parts of Magu’s nature. Series of recent setbacks at the courts would seem to confirm this below average assessment of his competence. The Patience Jonathan case is perhaps a befitting testimony to the shortness of Magu’s attention life span. The EFCC’s restraining order on the former first lady’s dollar accounts at Sky Bank was lifted simply because the commission’s lawyers failed to file a counter claim to Patience’s claim that the order was not in accordance with the law. Every first year law student knows that a claim not challenged would be upheld by the court. Yet the EFCC unleashed its internet attack dogs to misrepresent the incompetence of its lawyers as corruption fighting back through the courts.

Actually, misrepresentation of facts and disinformation are a major strategy of Magu’s EFCC to mask its structural deformity. In a bid to explain the obstinacy of his sponsor, the executive, over his serial rejection by the Senate, his media war lords say a couple of rejected nominees for appointment had been represented in the past. True. Dr. Babalola Borisade and Chief Ugochukwu Onyema were beneficiaries of this rare occurrence. But the circumstances and narratives were totally different. President Olusegun Obasanjo had nominated Borisade as minister and Onyema as chairman of Niger Delta Development Commission. While the Senate rejected Borisade on account of a disagreement between him and some senators who were professors over his professorial status, Ugochukwu’s confirmation was declined as a result of agitations from the oil producing area of Abia State who argued that he could not take the appointment because he was from the non-oil bearing area of the state. Not one senator questioned the integrity of any of them.

But Magu’s case bothers on his integrity which was impugned by the State Security Services, an agency empowered by law to vet nominees for public office.

“An officer appointed as Ag. Chairman of EFCC should by all means be one of impeccable credentials, with proven integrity and capacity to lead the nation’s fight against graft in high and low places. Thus far, it is evident from Magu’s antecedents that he is by no means that kind of

officer,” the SSS said, adding: “His relationship with Umar Muhammed, which involved disclosure of very sensitive and classified official documents in his possession shows lack of professionalism assails his integrity. More so, for an officer who was indicted and nearly dismissed six years ago, to again be involved in similar circumstances, it is clear that Magu is a perennial offender and cannot change.”

That is the officer Vice-President Yemi Osinbajo said on Wednesday that President Buhari had decided to retain in office as the acting chairman of the commission. This is ironical and baffling because the executive had given the impression, weeks ago, that it was ready to make up with the Senate, setting up a committee to negotiate the upper legislative chamber’s reservations over its (executive) perceived disregard for its (Senate) resolutions.

Interestingly, the executive, in its unrelenting and wilful disregard for legislative resolutions, has decided to import conflict into the provisions of Section 171 of the 1999 Constitution, which empowers the president to make certain appointments to some executive bodies, and Section 2 (3) of the EFCC Act that subjects the appointment of the commission’s chairman and board members to the confirmation of the Senate. This is extremely dubious.

If the executive was sincere, it would have been obvious to it that Section 171 of the Constitution relates to the appointment of personal staff of the president, which is not intended to defeat the constitutional doctrine of checks and balances in a presidential democracy like Nigeria’s that Section 2 (3) of the EFCC Acts reinforces. Is it saying for instance, that if the Senate had rejected the other nominees for membership of the commission, the president would have retained them in acting capacity? Is it not absurd that an officer would be retained in an acting capacity for four years as being argued by the president?

It would be interesting to see how this pans out in the days ahead as the Senate is likely to resist this direct affront on its legitimate privilege to check executive rascality. Adebiyi is Deputy Editor of THISDAY Newspapers (08053069321)