EFCC: A New Benchmark For Performance Evaluation!

If we are experiencing improvement in some of our federal institutions at the moment, they are not on the strength of the appointments made so far by the President. The President is still the one selling the ticket. What would happen, when the honeymoon is over, or when the Ministry of Justice, ICPC, and EFCC cannot recover the money some members of the ruling party and NEITI have consistently accused the previous administration of stealing?  Would it be stealing and embezzling as usual? Until EFCC redefined its mandate and strategic approach to procedural issues, the nation will continue to lose big time in all the big cases.  

Therefore, the gist of this short piece is on how to overcome those non-substantive legal issues that have consistently derailed EFCC in its quest fro real justice.  Fighting corruption through the legal system is not just about interrogation and "quiz", but successful prosecution, conviction and forfeiture of the stolen wealth to the State. Do NOT invite any suspect for interrogation or "quiz", unless you have probable cause to consummate arrest and proceed to trial. Then, conduct a due diligence review of the nature of the crime committed, the expected remedy, as well as, the jurisdiction of the court. Is it a competent court? In other words, is the case within the power of the court with respect to location and hierarchy? If yes, has the court the power to issue a fine (redress) that is commensurate with the amount stolen or embezzled (grievances suffered)?

The Legal Department at EFCC must undergo a refresher course in JURISDICTION and JURISDICTIONAL issues. When filing a case at a given time, or at a given location, and at a given court, it is trite that you ensure that the court has the power (jurisdiction) to entertain the suit as filed. In addition, be absolutely convinced that the same court has the power to redress the grievances that you have suffered. For instance, you cannot be asking for a N3.7b in fine, when the court does not have the power to award your client more than N750,000.00, as the case may be. Unless, of course, you have a vested interest in the outcome of the litigation. Whatever your motives are, may be ignorance of the applicable statutes or vested interest in the outcome, given the status of EFCC in our war against corruption, a lawyer like you ought to be a guest of the Bar Disciplinary Council immediately. In addition, all the supervising lawyers in the department should not stay a day longer in that complex. Same reason the Chairman of the organization ought to have turned in his resignation letter.

Do you have an "Appeal Team" on standby in the event of a decision that is not favorable to the State? The culture of "we are waiting for a certified true copy of the final judgment before we make a decision on whether to appeal the judgment" is lame, disgraceful and must be discontinued. What about Case Management? Do you have a credible history of the evolution of each and every case that you have filed - stages and outcome? Do you have a Case Manager? IT IS MORE ABOUT LEGAL STRATEGY, THAN THE NUMBER OF SANs HANDLING THE CASE. I must count myself lucky or blessed for the opportunity that I had working at some of the top law firms in Manhattan, New York City for many years.  In other words, what you are reading is based on first hand experience, not textbook or classes lecture notes.

Congress man, Jesse Jackson Jr. is just out of prison for spending part of his campaign donations for private use. I repeat, prosecuted, found guilty and sentenced for buying gifts for his wife using part of the money that well-wishers donated or gave to him for his own reelection. We are not talking about public funds under his control, but money given to him or donated to him for his campaign. 

In similar vein, Congressman Mr. Anderson, a Harvard trained lawyer, is serving jail term for accepting $90,000.00 (Ninety Thousand Dollars) from undercover agents to facilitate a telecom deal in collaboration with a powerful political leader in Nigeria. Within days, the Congressman was apprehended, and FBI was able to recover $80,000.00 (Eighty Thousand Dollars) of the money hidden inside a refrigerator at Mr. Anderson’s residence. Now flip the coin: Nigerian SSS parted with $600,000.00 (Six Hundred Thousand Dollars), I repeat, $600,000.00 of public funds to induce Mallam Farouk Lawan and his deputy (both members of the Nigerian House of Representative) to alter their findings on the now famous Petroleum Subsidy Scandal in favor Mr. Otedola. 

There are three lessons I want President Buhari and his recruiters to learn from here. 

One, the American FBI recovered their money in no time. On the other hand, our SSS is yet to recover a Naira note from Mallam Forouk Lawan and his Deputy, more than two years after the scandal.

Two, Congressman Anderson was tried and convicted, and presently serving his jail term for the crime. On the other hand, the impeccably dressed legislator Lawan is still standing, unruffled in his eminently attired babariga and a matching hat.

Three, America is a very rich country and they respect their Dollar. In no circumstance would a discerning mind fathom a scenario where the FBI would have to part with half a million dollars to instigate a member of the US Congress to alter the finding of an ongoing investigation. On the other hand, Nigeria, supposedly a poor country, way poorer than the United States of America, has no respect for the almighty Dollar, and had no scruple dispensing with that colossal sum of money. So, parting with just $600,000.00 (Six Hundred Thousand Dollars) for an unsuccessful, ill-conceived and crudely executed sting operation as was the case with our SSS agents is no “biggie” – we have our crude oil. Yet, we never stop blaming the same America for not adequately funding our war against the boko haram and home grown terrorist groups. 

Today, Nollywood has reinvented itself. It is one of the most robust and dynamic of its kinds in the universe. In addition, the Nigerian hip-pop culture has taken the globe and the music industry by storm, leading to mass influx of Nigerian foreign born and foreign based artists to our own native homeland for a new start and collaboration. Not left out, is the Nigerian fashion industry. They are giving Hugo Boss and the major established brands a run for their money. Unfortunately we cannot say the same of our political leaders who, time and time again, failed to heal themselves or reinvent themselves for a bold new start.

Politicians who should or ought to be facing prosecution for abandoned projects, over-invoicing and inflation of contracts are now being repackaged for yet another escapade because they wear the garb of progressive. For the zero tolerance to be meaningful and sustainable, it must be seen to be equally dispensed across the board.

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alexaidaghese@gmail.com

Defining the New Start!

“I believe the Judiciary has an important role to play in this country, as it is the last hope of the common man. The Judiciary has to be firm, fair and courageous and must not employ any form of double standards. It is not right in my view to regard or treat the courts of Justice as an extension of the Federal Ministry of Justice. I cannot condone any attempt to destroy the judicial system in this country using me as a scapegoat.”

That was Justice Yahaya Jinadu before he voluntarily resigned from the Bench following his refusal to apologise to Mr. John Oyegun, then Permanent Secretary at the Ministry of Internal Affairs during the Military regime. Yes, our own indefatigable Mr. John Odigie Oyegun, before he became the Governor of Edo State, and now the Chairman of the APC. The case involved one Garba v. Federal Civil Commission. While the case was pending in Justice Jinadu’s court, Garba was fired. Justice Jinadu summoned Chief John Oyegun to his court, but he declined to appear. That led to contempt charges against Chief Oyegun by Justice Jinadu. As it turned out - trust the Nigerian system – it was Justice Jinadu who was instructed to apologise for harassing the influential Permanent Secretary. Justice Jinadu resigned from the Bench rather than collaborate with the system to humiliate the Judiciary. And the rest is history. See "Salute To Courage, the Story of Justice Yaya Jinadu" By Richard Akinola. I may not know the state of Justice Jinadu today, but I have no reason to believe that he is in a situation of want. His likes are the Nigerians we should celebrate. And his likes are the Nigerians we expect to populate a Ministerial list - the Ebitu Ukiwe of our world.

Of Conscientious Advisers and Quality Leadership:

Today, and as it has always been in our public sector, people with questionable character or appalling work ethics capitalise on their closeness to power or ethnic affinity to secure and perpetuate their emptiness in positions calling for discerning minds and informed judgment. In Nigeria, the majority of those who have tasted power in government find it demeaning to go back to the private sector. Politicking, and not public service, has become worth dying for. And leadership by example is no longer a virtue. Those worth celebrating are easily forgotten, because images of wastage and institutional decay make the most news.  

The majority of those who have served in Government, whether at the State or Federal Government level, no longer consider it befitting of their new status (the newfound wealth) to go back to classrooms, as the culture is in Europe and North America. 

For instance, can you name one Professor (excluding Jega) in Nigeria of late who, for instance, brought to bear on his job as a Minister or as a Special Adviser or as a Public Servant his much professed populist appeals or radicalism on campus? In most cases, it is they are either perpetuating the vicissitude and ethnic agenda of their captor or assisting him in defining and perpetuating a much narrower one on hapless Nigerians. But the moment they ceased to hold public offices, they turned into avant-garde pundits, populating the pages of our newspapers and TV talk-shows with populist hogwash they did not remember nor dared to vouchsafe during their years in office. They are the Nigerians who define and perpetuate a stultifying, austere economic agenda, undermining the state of infrastructure on their campuses.

In the US, where our leaders and their chosen ones shop for ideas and consultants, most high-profile Universities recruit from the pool of retired political leaders, and most often, from the pool of former Special Advisers and political party strategists. Mr. David Gerges worked with about five United States Presidents. Today, he is a lecturer at the JFK School of Government at Harvard University. Robert Reich, President Clinton's Secretary of Labour, is at UC Berkeley. Condoleezza Rice, President Bush's Secretary of State, returned to Stanford. Paul Begala, President Clinton’s mouthpiece piece is back at the University of Texas, his Alma mater.

It is the same story all over the US. It has nothing to do with the weight or length of their certificates, but their stewardship and the principles they project and the changes they represent - principles and changes that profoundly altered the polity, whether borne out of conservative, liberal, or progressive schools. Not in our Nigeria.

For instance, since the existence of Professor Bab Fafuwa from the Education Ministry, can you name a Minister of Education who quit the job as a result of disagreement with his or her President (Military or civilian) over the funding process or the lack of it? I say this in light of the unsettled wages palaver, as well as the appalling decay of infrastructural facilities on our campuses. Where is the reform? If all is well on our campuses, how come in the past twenty years, we’ve never had a regular academic year (September to May), as it is all over the world?

Where is the Pa Fafuwa, Aboyade, Ewa, Olikoye, Ake, Ayagi, or Aguda in us? The public servant is expected to serve, not to satisfy the orthodoxy of geographical expression - a bench warmer in observance of quota application or geographical spread. The President and his screening team must find ways to overcome constitutional provisions mandating quota application or federal character in the hiring process. 

This is a critical time. And it calls for critical minds. Performance measured by "just doing the right thing" or "business as usual" must be discredited. That was not the standard current under Papa Awo in the old Western Region before and after independence, and as Minister of Finance under the Administration of Yakubu Gowon. It is not the standard President Obama is applying today in the United States of America, surmounting institutionalised odds to ensure affordable healthcare for all. And it is not what Mallam El'Ruffai did at FCT, rescuing the Federal Capital Territory from land speculators and untouchable power brokers who appropriated for private use land set aside for public use. A process that was successfully replicated in Lagos, thus freeing Oshodi Bus Stop and Mile Two interchange from hoodlums.  

These gentlemen see beyond the culture of business as usual – a pervasive culture in our public sector that legitimises graft, stultifying grace and resourcefulness. A new Ministerial list, therefore, must be one made up of Nigerians imbued with innate drive and those sufficiently proactive, capable of seeing beyond and performing beyond "just doing the right thing." So, for the change mantra to be meaningful and enduring, President Buhari and his recruiters must look beyond the pool of the discredited, thieving bunkums successively imposed on us as leaders over the years.

Alex Aidaghese

alexaidaghese@gmail.com

Buhari's Challenges: Balancing Purposeful Leadership with True Federalism!

I have attained and far exceeded the goals I set for myself at the inception of this Blog about four years ago. And the time is now for me to move on. All I wanted to write about then was the 'Search for True Federalism and the Need for a Progressive Change,' mindful of the fact that the monstrosity of our Federal Government is not sustainable. So, conscious of the fact that I have a lot of original materials on the subject, and conscious of the fact that no Editor would willingly accept or publish my copious materials verbatim, I decided to create a social media platform where I hope to express my feelings in my own words and in my own terms about the perversion of our federal system by the successive Military Governments through the creation of socio-economically comatose states and culturally bankrupt local government councils. See "The Search for True Federalism: Balancing Feudal Interests with Southern Greed and Opportunism in Nigeria", published January 02, 2012. Followed by "Game Change: The Uncertainty of Sovereign National Conference and Need for a Progressive Option", published a few months later on March 16, 2012.

Constitutionally, we are supposedly a federal system, but in reality, we operate a unitary model where the centre is more powerful than the whole. As of today, and as it has always been since the end of the civil war and the emergence of the oil windfall, the federating units have turned indolent and parasitic. They cannot fend for themselves and cannot survive on their own, without the monthly allocations from the Federal Government. The thirty-six States (Lagos State excluded) are now more or less like local government councils - a true replica of a Unitary System of Government.

How did we get here? Simple. Successive Military Governments (all headed by Military Officers of northern extraction - no sentiment or ethnic colouration intended) dismantled Nigeria arbitrarily, resulting in malnourished fragmentation in the form of new states and new local government councils. They did so under the pretext of bringing governments closer to the people. Not exactly. The fragmentation was founded on political considerations rather than sound economic judgment - the distribution of the oil wealth. A decision that betrayed the true essence of federalism, leading to the disappearance of economic independence, reminiscent of the pre-civil war era. And it put an end to the competitive spirit (the skyrocketing groundnuts pyramids in Kano, the robust Rubber/Timber industry in the Delta, the booming Cocoa production in the Western region, as well as, the Coal mining operation the East) and the semi-autonomous status that the respective regions enjoyed before and after independence.

Indeed, Aguiyi Inonsi (a southerner - again, no sentiment or ethnic colouration intended) was the first Head of Government to introduce the Unitary model into the Nigerian political system. He had his reasons, Genuine or puerile. It was the view of Ironsi and his advisers at that turbulent period in our political history that, given the mistrust and ethnic animosity generated by the assassination of the Premier, Abubakar Tafawa Balewa, and the Sadauna of Sokoto, Almadu Bello during Nzeogu's coup, a unitary system of government would facilitate unity, peace, and tranquillity in the country. And ultimately, calm nerves in the northern region in particular. But they were wrong. The northern region, represented by the often-referred-to "young military officers", thought otherwise and went on a systematic pogrom of the Igbos in their midst.

Influenced by the well-established philosophy of Sir Almadu Bello of one indivisible northern region that is not subject to the dictate of any government, local or foreign, outside of Kaduna, they considered a unitary system of government a colonisation tool, introduced by Ironsi to dominate the northern region politically and economically. And then came the counter-coup. And the man died. Then came Yakubu Gowon (a northerner), followed by the civil war and a "no victor" and a "no vanquished" outcome. At the end of which he, through military fiat, carved out Nigeria into the Twelve States.

A similar pattern of State creation would follow subsequently by IBB and Abacha (all northerners), leading to the present Thirty-Six States structure - exercises lopsidedly contrived and arbitrarily executed to favour the northern region. A development seemingly at odds with the age-old vision of Sir Ahmadu Bello of an all-powerful, all-conquering, indivisible northern conglomerate.

Truth is, their intention was not to colonise the south or betray the vision of the late Sadauna with the emerging unitary model, but to redistribute the new wealth in favour of the northern region as wildly spread as possible. In a nutshell, the more the number of local governments and states created in a particular region, the more federal wealth (proceeds of crude oil) that goes to that particular region monthly. But it came at a huge cost: the unintended consequence turned out to be structurally and politically more devastating to the entire fabric of our federal system of government than reasonably manageable.

Indeed, the fragmentation is unsettling, not necessarily on the ground of its motive, but by the blatant abuse of the process. Sentiments aside, there is no justification for the huge difference between the number of local government councils created in Kano State (44) and Lagos State (20), when it is officially documented that Lagos State has more population than Kano State. It is the same situation all over the country, though the Lagos/Kano case seems to be more egregious. This is a very troubling national issue! I do not hold this position because I hate the good people of Kano State or other states in the union that benefited unduly from the arbitrary calibration of Nigeria.

For the purpose of record, I am simply stating a position, to wit, the fundamentals of our federal system are corroded by who, how and when - a position that is completely divorced from the question of irredentism. And corrosion that makes some Nigerians nurse a sense of rebellion since the end of the civil war. That most established commentators or political leaders, out of observance of political correctness or in the hope of securing lucrative government contracts, do not consider it worthy of coverage is understandable. No one wants to be accused of the new slang in town - sentimental, or been blacklisted from federal appointment.

In all modesty, I do not understand what is emotional or bigoted about one expressing concerns about a very important national issue that was so grossly and lopsidedly manipulated to the advantage of a particular region. It doesn't make sense! It is despicable and must be condemned in the strongest possible terms. If we can't unite, we should at least strive to make the best out of the amalgamation, for no tribe or region was incorporated through conquest or assimilation.

So, on this Blog, we took the stand that until the philosophy and ethnic factors that underlie the unitary model, which, evidently, nurtured a very powerful center - a center that monopolizes the free oil wealth and dispenses it as it pleases is abandoned and discredited, profligacy and indolent at state and local government levels and at federal agencies will not know end. In addition, the call for disintegration will continue to gain currency, surpassing its historic height, because it is the frustration in the face of massive looting of our treasury - a culture that defies federal might and curtailment - that galvanises the discontentment within the intelligentsia. 

In that group, you will find the most ardent proponents of Sovereign National Conference, true federalism and disintegration. In other words, if successive governments cannot get it right on these two basic facts: One, judicious management of the huge wealth that it monopolises, and two, elimination of the monstrous corruption epidemic in the system, then we have to go our separate ways. You can't monopolise what you can't manage. 

But we disagree. Perversion of the federal system notwithstanding, it is the view of this Blog that disintegration of Nigeria will not completely eliminate the decay in our political system, because greed and corrupt practices transcend regional boundaries. Also, we do firmly believe that disintegration is not a realistic proposition given the level of our social and economic integration spanning decades of intrigues, turbulence, and survival.

One quick example, and with all due respect to the proprietor of Radio Biafra, within Nigeria, about 30% of Ndigbo live outside of the traditional or native Igbo homeland. And about 15% of the children in that bracket are involved in inter-tribal marriage. If I may add, about 90% of the merchants in Benin City, my own Benin City, are of Igbo extraction. Same with Alaba International Market in Lagos and in all the big cities all over Nigeria. So, what are we talking about? Therefore, we firmly hold that True Federalism is a better alternative. (The mechanisms for the gradual decentralisation - resource control and inward-looking by the respective Governors - are available elsewhere on this Blog).

As a well-grounded student of government and public affairs, I am supremely confident and quite certain that with True Federalism in motion, Governors of the component units, managing their own resources and the accompanying responsibilities, would (1) be less disposed to profligacy given the huge amount of investments and quality time they expended to generate the same revenue. (2), The possibility of restraint in corrupt practices would be at an appreciable level in light of the general knowledge that there is no Aso Rock on standby to initiate a bailout in the event of imminent or real workers' insurrection in any of the states. And (3), the social stigmatisation that would follow failure in office by any of the Governors in the event of unresolved labour unrest would catalyse quality performance and, as a result, the governed would be proud of. In other words, oil is a curse; it promotes indolence and stultifying of creativity and a bold agenda. Take it out of the picture, creativity will evolve, and many Awoists will arise all over the country in no time. And that brings us to the question of leadership.

Despite everything, it is the opinion of this Blog that a leader of Pa Awo's trait and caliber at the Presidency - with his forthrightness, ingenuity, strict adherence to party blueprint, and grasp of macroeconomics - wouldn't have had much problems eradicating in record time the greedy instinct in us that breeds and perpetuates corrupt practices, which in turn, creates a disconnect and massive wealth gap between the governed and the political leaders. In other words, we will get the best out of true federalism with the quality leadership of Awo's virtues at the helm of affairs. 

The Search For Quality Leadership:

We never lose sight of the fact that quality leadership determines, to a great extent, the attitude of a given people towards grafts and corrupt practices. That thinking informed our consistent demands for realignment of progressive forces and of a new leadership clique at the national level imbued with revolutionary spirit - a narrative that permeates the length and breadth of this Blog. See some excerpts from "Game Change: The Uncertainty of Sovereign National Conference (SNC) and A Case for Progressive Option”, published on March 16, 2012

"I have no doubt in my mind that a progressive administration, specifically at the national level, devoid of ethnic or religious colouration, is our best hope given the level of discontent with governance and the apparent disconnect between the governed and successive governments since independence. Until we have a genuine leader who espouses financial discipline, transparency, and accountability in the management of our wealth, we cannot make tomorrow better than today."

"Given the fact that the present administration [the President Jonathan's Administration] has not exhibited any modicum of rebellion against the status quo in terms of ideas and accountability, the earlier progressives of all shapes and stripes unite around a bold agenda and unseat the power clique, the better for the nation at large. That, my friends, is the surest route to emancipating the Nigerian man in every one of us."

"Therefore, this paper is more of a progressive re-positioning narrative, making a case for (1) the need for southern progressives and northern mavericks and intellectuals to unite and rebel against greed and feudal principles to avert imminent class warfare, (2) that given the seemingly fragile state of our sovereignty, the idea of SNC, though well intended, should not be a 'take it or leave it' option, because there are too many uncertainties surrounding it’s happening within a definite period, (3) that progressives and Mavericks, with a uniform political and socio-economic agenda nation-wide, stand a better chance at uniting this country and arresting the ills that facilitate religious intolerance, greed, corruption, and political assassinations, and (4) that the ruling class - from north to south and east to west - are the cause of the hatred in our political system and the not so latent demand for secession. Therefore, defeating them in a democratic setting is a moral imperative." Some excerpts from “Game Change: The Uncertainty of Sovereign National Conference (SNC) and A Case for Progressive Option”, published on March 16, 2012

Today, there is a  Progressive dispensation trickling down calculatingly from the top to the bottom of our political landscape. And in a few days, President Barack Obama of the United States of America will be playing host to our own President Muhammadu Buhari at the White House. (Can't remember the last time Uncle Sam thought it fit to confer with the government of Nigeria at an elaborate setting). The best is yet to come.

Indeed, the start might have been painfully slow, but change is definitely in the air. And I can feel it. NEPA has risen from its self-imposed slumber, and EFCC and Chairman Larmode are seemingly no longer on life support. I have no doubt in my mind that, all things being equal, that is, President Buhari, staying true to progressive mandate, ending the insurgency and bloodbath in the northeast and middle-belt, sending corrupt political leaders and fraudulent Petroleum Marketers to jail, and recouping our stolen wealth, President Obama will visit Nigeria before the end of his second term in office - a visit that will be the grand finale of his Presidency. 

In sum, President Muhammadu Buhari's success is going to be defined by how his Presidency prosecutes fraudulent Nigerians and to what extent he can recoup the money stolen by public servants and political leaders. Adding to that, the President must put in place a formidable and daring team to consummate the change as propagated. How he can assemble that formidable team depends largely on the nationalistic (ethnic and religious neutrality) and the progressive state of mind of his invisible core team - these are the people the President consult with behind the scenes. Whatever the state of mind of this group, President Buhari should always remember that it is a PROGRESSIVE DISPENSATION, after all, and not a Military Dictatorship. Therefore, he should resist any attempt by outside interests to hijack the process. So, Mr. President, let the revolution be televised. If not now, when? If not you, who? Those who plundered our commonwealth and looted our treasury should be made to forfeit to the State (Nation) every Naira in their possession. You are about 72 years old; you are not in want of new wealth or craving for new friends. Nothing else matters anymore but the soul of a troubled nation. You have nothing to lose, Mr. President, but Nigeria has everything to gain. Let the revolution be televised. It is about equal rights and justice; otherwise, the demand for true federalism or disintegration will not abate.