EFCC LEADERSHIP: THE ILLEGALITY OF PROMOTION AND THE POLITICS OF EXCLUSION – FOR THE EXISTENCE OF THE NORTH AND THE EXTINCTION OF THE SOUTH. AN OPEN PETITION TO PRESIDENT TINUBU, GCFR
Petitioners: Progressive Nigerians
ABSTRACT
The survival of Nigeria as a federal nation depends largely on equitable distribution of rights, maintenance of justice, equity and fairness; and restructuring of injustice and unfairness. No injustice so perpetrated, no matter how long should be allowed to stand. This piece is an explosive exposition of the criminal injustice and the rot being perpetrated in EFCC.
NOTE
It will take approximately 20 minutes to conclude the reading. It is definitely worth the time of every Nigerian who believes in justice, equity and fairness.
BACKGROUND AND GENERAL INFORMATION
Sometimes, we wonder why the presidency that oversees all federal government agencies easily gets deceived and manipulated by the leadership of those agencies, either believing the lies of those leaders or not getting enough status information of those agencies in terms of it’s administration and operation, denying the presidency the right information to make quality decisions. This has contributed in no small means to the failure of government as a whole and the misgivings that have enveloped some of these agencies. Indeed, it has affected and still affecting the operations of these agencies. Let us remove the incision from the cold pap, pap is not born with scarification.
When EFCC was created, it was meant not only for corruption prevention purposes, but to also serve as a mirror of integrity that other agencies will watch to do things right. Rather, there is no agency that is more rotten, corrupt and compromised today than EFCC. The tools they use in compromising cases, collecting bribes in doing so are so sophisticated that unless you are an insider with fear of God, you will never imagine the level of complicity. It is a systemic compromise and corruption. It is high time the federal government declared state of emergency in EFCC and reorganized that agency for the better. EFCC will need as much cleansing as the Central Bank of Nigeria. That agency has lost it’s ethical values and that loss was worst under AbdulRasheed Bawa, the just suspended chairman. While previous complaints against EFCC were majorly political manipulation, Bawa’s administration combined the worst of political manipulation, tribal bigotry, promotion racketeering, treasonous policies against the federation, human resources destruction, career progression distortion and internal affairs biases.
It is important to state that the state of affairs of the EFCC and the extent of the grand conspiracy against the national interest is enough to set this country on fire. We will state two dangerous categories. There are two dangerous politics of exclusion in the Commission orchestrated with illegality of promotion. It is not an accident. (I) Northern supremacy and suppression of others, (II) Deliberate discrimination against and exclusion of Lawyers in the leadership of the Commission. None of these is an accident, it is a deliberate orchestration that has been bedeviling that agency since inception. Those who planted this unconventional administrative strategy of exclusion also planted the mechanism to continue to perpetrate the unholiness. Unless this is exposed and corrected, EFCC will soon become a caricature of it’s former self.
There was an article recently where the author alleged that the EFCC might have been “colonised” by northern hegemony, whereby Hausa language is looking like the official language of the Commission. While this is absolutely true, there is something worst than that. The leadership of the EFCC has been structured to be headed by only the people from the core north. Unless presidency does more findings and corrects the abnormality, that agency will remain tribally skewed to continue the existence of those from the North and the extinction of those from the South.
When the EFCC was created and it needed immediate manpower, some staff were sourced from other sister agencies mostly on secondment. That was why there were many police personnel from the Nigerian Police Force. There were also security and administrative personnel from other offices like the SSS, NIA, NDLEA, Head of Service, and even Ministry of Foreign Affairs. This exercise brought in a professional detective like Ayo Olowonihi who came in as a permanent staff from NDLEA. Some new staff, especially Lawyers were recruited on fresh appointment to handle prosecution of cases in court. This was the exercise that brought in the likes of Chile Okoroma, Olatona, Johnson Ojogbaine, Rotimi Oyedepo, SAN, etc. This was the initial recruitment policy until 2004 – 2005 when the cadet programme was introduced by the then Executive Chairman, Mallam Nuhu Ribadu. The course one of that exercise came in only later after many lawyers have been recruited. The likes of Bawa and current acting Chairman Abdulkarim Chukkol came in through that belated cadet exercise.
By whatever design or coincidence, most of these other staff who came in through special recruitment exercise to fill the urgent staff needs were of the Southern extraction while the cadets are largely from the North. Some of those other course one who are not of the Northern extraction have been technically schemed out of relevance or even deliberately relegated while some of their course mates are given outrageous multiple illegal promotion.
There have been a “rape” on the EFCC Establishment Act with the manipulation of the presidency by the few “cabalistic” figures within and outside the EFCC to the effect that the office of the Chairman is superior only to the Directorate of Operations, and to the effect that when the Chairman is under a punitive measure, whoever heads the Directorate of Operations, DOPS, is lined up to take charge as the next Chairman. It is worthy of note that of all the offices and units created by the EFCC Establishment Act of 2004, there was no where DOPS was created as a department or unit. Infact, the few Offices created by the Act are offices of the Executive Chairman, Secretary to the Commission, General and Assets Investigation Units, Legal and Prosecution Unit. See generally sections 8(1)(2)(3) up to 13(1)(2)(a).
Ordinarily, EFCC was created to be a legal “depot” and lawyers’ jurisdiction. Its leadership was designed to involve people with the knowledge of the law running It’s affairs. This was why the office of the Secretary to the Commission was created to be strictly headed by a Lawyer who should ordinarily take charge in both administration and operation in the event that the Executive Chairman cannot discharge the responsibilities of his office. Bawa was aware of this and that was why he rushed to register for a law degree programme, in addition to his desperate attempt, in connivance with the immediate past Attorney General Malami to amend the EFCC Act to perpetuate himself in the office.
In the same vein, the pioneer Chairman of the Commission, Mallam Nuhu Ribadu who is now the National Security Adviser to Mr. President was considered for the position of the Chairman then first because he was a Lawyer. Mr. Kanu Agabi who recommended him for the job did so majorly because Ribadu was a Lawyer. And this paid off in the discharge of his responsibilities. Ribadu achieved what he achieved because he understood the law. What the Commission is doing now is just counting of convictions that were obtained through plea bargaining with “yahoo-yahoo” suspects. No other Chairman has achieved what Ribadu achieved in actual terms because they are lacking in the knowledge of the law.
Notwithstanding the importance of this to the effective and efficient running of the EFCC, no single Lawyer has ever been deployed to even head the Zonal Offices of the Commission. Lawyers are relegated to the ground and it’s unfortunate. The senior lawyers there have been browbeaten and intimidated, the fear of being sacked will not allow them to speak openly against this miscarriage of justice and administrative malady so,, they choose to keep an unfortunate “job-saving” silence.
The creation of Directorate of Operations and the placement of the office as though it is superior to the ones created by the Act, the Office of the Secretary and Legal Unit especially, is the illegal scheming of those who want the powers of the Commission to continue to be in the hands of these cabals. How can the presidential appointees, in this case the office of the Secretary to the Commission be tagged inferior in exercise of leadership powers. How can the office of the Secretary to the Commission be place in administrative and operational hierarchy below a department which is a mere administration prerogative of a seating Chairman?. Are we saying that the Chairman’s power to appoint and designate an office is higher than that of the President, Commander-in-Chief?
We recall with satisfaction, the exercise of the proper Commander in Chief power wherein President Tinubu recently appointed not only the Service Chiefs, but also Brigade Commanders within the Nigeria Army formation.
It is unfortunate that illegality which has become a custom and convention in EFCC is being treated as the law. The presidency is rarely aware that DOPS is just a department, an administrative creation at the discretion of the Chairman, which could have anybody posted there as the Director. Unfortunately, this is usually though erroneously assumed to be next in line in administrative and operational authority. No, it is not. There are offices of the Secretary to the Commission, Legal and Prosecution Department, The Academy, etc. The trick is, each time a seating chairman knows that there may be change in the leadership, that he/she may be replaced, a quick internal deployment is done to post a loyalist as DOPS in the event that he is removed. This notwithstanding, should the holder be someone not belonging to the class of the cabal, an independent person is sourced from outside of that department. I will give an example later.
When Nuhu Ribadu was removed, Ibrahim Lamorde was asked to act being the then DOPS until Farida Waziri was appointed. When Farida was sacked, the baton went back to Lamorde being the DOPS under Farida too. Meanwhile, Lamorde as the Executive Chairman appointed a Yoruba man as the DOPS who by name is one Laolu. He was a Police officer and in the rank of Assistant Commission of Police at that time. However, when Lamorde was to be removed and replaced, instead of Laolu to be designated to act being the then DOPS, Ibrahim Magu was brought from outside to act as the chairman. Magu was in the Directorate of Internal Affairs, DIA, then and 2ic to Muhammed Wakili who was the Head of DIA. Now, you ask the question – Why was Laolu prevented from acting as the Executive Chairman? Was Laolu prevented from acting because he was a non-northermer?. The fact speaks for itself.
The appointment of AbdulRasheed Bawa was about the worst distortion of hierarchy in any public service. It was a utter disregard for both laws and norms. It was a practice where a Colonel was placed above a four star General where the General would salute a Colonel in subordination. In military hierarchy, it would be regarded as treason. An aberration in civil service. As at the time Bawa was appointed, there were about 5 senior Directors who were heading various Departments and Units. Among them were Director of Legal, Commandant Academy, Head of DPPS, Head of Admin and General Services, etc. Conspiratorially, Bawa’s appointment was made to look like he was the most senior even though he was merely on grade level 13 at the time of the appointment. A quick upgrade was given to him to grade level 14 to meet up with the requirements of the law for the position of the Executive Chairman. It was too much illegality, the mischief the law was enacted to correct.
One of the saddest things in the EFCC currently as it has always been since inception is the relegation of EFCC prosecutors who are definitely lawyers, as though they are inferior to others, especially those who arrogantly class themselves as course one operatives. It is not that the prosecutors are not entitled to be considered for the top job or even head of Zonal Commands, but because most of them are from the South, they are being deliberately prevented from enjoying the privilege. The untold truth is that more than 80% of those senior Directors who are also prosecutors are either from the South or from the non-hausa speaking part of the North, especially North Central. As such, they are categorized as “southerners” and they enjoy nothing more than passing time in the Commission.
As at this moment, there are about 17 Directors in the Commission, including those that were hurriedly promoted, 11 of these people are from the core North. Infact, about 5 of them are from Adamawa alone, while the remaining 6 are from the South. Ironically, none of these people is from the South West, safe for one Mrs. Joke Liman who has been “banished” to an irrelevant unit doing fearful sycophantic “yes sir” for her juniors.
Another unfortunate thing is that there have been little or no supervision of the EFCC as an agency of the federal government, to the extent that nobody asks them about their nominal rolls to make decisions. Talking about nominal rolls, when it was obvious that the administration of Asiwaju Bola Ahmed Tinubu was not going to tolerate any infraction and that it will sanction any such infraction, the EFCC leadership of Bawa has been “doctoring” the nominal roll. The EFCC now operates and uses different nominal rolls for different purposes. It has one for the operatives, illegally placing them as “first class” category in leadership determination. It has one for the general staff where the actual most senior staff is mentioned as first most senior after the Secretary to the Commission. Pathetically, none of these is similar to what is submitted for audit especially for salary payment purpose. It is a brazen criminality that must be allowed to stand.
We insist, with the zeal of patriotism that the criminality in EFCC will require the federal government of Tinubu to declare state of emergency in that agency, to ascertain the extent of administrative and operational damage done to that agency. We shall hint about some of them later.
Immediately after the conclusion of the presidential election, Bawa started giving illegal multiple promotions to some of his goons who are also majorly from the North, so that they can be seen to be the most senior in order to be considered for appointment as chairman. Sadly, the current acting chairman, Abdulkarim Chukkol is a beneficiary of that criminality. Mr. Chukkol was on Grade Level 14 two month before now until Bawa gave him illegal multiple promotion to Director. Hadiza Gamawa, Bawa’s Chief of Staff, was also promoted from GL 14 to 17 as a Director. The unfortunate thing was that none of these people went through any form of test, oral or written interview to determine their competency and eligibility for the position. Worst still, there was no single vacancy declared to be filled, Bawa just arbitrarily promoted these people and called everybody’s bluff. The promotion was rushed in anticipation of Bawa’s exit. To allow Chukkol or anyone so hurriedly promoted to stay so in those positions is to allow illegality to be sustained. Nigerians have developed a trust mentality for Tinubu’s administration, we cannot afford to allow any form of double standard, not even this kind of illegality with impunity.
Ironically, there are over five substantive Directors who are seniors to most of these over promoted personnel. Ayo Olowonihi is currently the most senior Director in the entire hierarchy of the EFCC, who ideally should have been asked to act in the interim as the acting Chairman. He is a properly trained investigator, a pioneer staff of the NDLEA with over 33 years experience. He is the one training every other investigators in the EFCC including Bawa and the current acting chairman. Chile Okoroma has been a Lawyer and prosecutor for almost 30 years. Olatona has been deliberately relegated to pave way for Tahir, a Northerner, to head Legal Department. This are too grave injustices that should not be allowed to stand.
Unknown to many people, in all the Departments in the EFCC, especially Zonal Offices, most of the Zonal Commanders are junior to the Lawyers that are posted there as Head of Legal Unit. Head of Legal in these Zonal Offices are mostly on GL 16 while the Zonal Commanders are on GL 14. Sadly, the Senior are suppressed to serve under their junior, taking orders from their juniors. There is no where in the world where this kind of illegality and immorality subsists except the “almighty” EFCC.
In the scheme of things in the EFCC, even the Secretary to the Commission is more or less a “chair warmer”. He has no say in anything except to say “yes sir” to the chairman. The Establishment Act empowers the Secretary to manage all seized assets, including the disposal but the Chairman has taken that powers away from him. That is why Bawa was the alpha and omega of the illegal auction that was done few months ago. The relegation of the office of the Secretary to the Commission is because the position has always been held by Southerners. No Secretary has ever had much opportunity to exercise the powers of his office to the fullest with the exception of Emmanuel Akomaye who enjoined a little under Nuhu Ribadu.
When Bawa was removed and Chukkol appointed, the error of abrogating seniority position to DOPS was repeated. It is either because the presidency was not properly briefed or some northern cabals are hovering around Tinubu and are hellbent in destroying the career progression of others to promote norther hegemony. Otherwise, how could Chukkol who was on GL 14, posted to head DOPs be chosen ahead of Directors who have even better investigation and prosecution experience of over 30 years. What the presidency may not know is that Directorate of Operations or anybody heading that place is not legally the most senior, it is just a placement by posting/deployment. If Mr. A is posted there to head the place, even if he is not the most senior, it doesn’t create entitlement mentality to that holder to be seen as the most senior staff and next in line to the Chairman.
If Bawa has been found to culpable of any infraction, using the paraphernalia of the office to perpetrate the crime, he couldn’t have committed those crimes without the connivance of Abdulkarim Chukkol, the Ag. Chairman. This is Tinubu’s presidency, a different kind of presidency where merit is placed above sentiment. It will therefore be another sanction of illegality and the administration of rot if the abnormality and illegality committed by the cabals within the EFCC are not corrected. The truth must be said, the inexperienced, overzealous, prodigal and opportunistic young minds who have taken over the reign of leadership in the EFCC are a danger to the existence of that agency. If care is not taken, should the EFCC fail and fall, President Tinubu might be accused of deliberately decimating the agency in order to weaken anti-corruption fight. Caution must be taken not to breed such blacklisting attempt.
When there was that cry that the Police should stay off EFCC, it wasn’t meant to hand it over to kindergarten prodigals and ethnic bigots who do not understand the sensitivity of the plurality of this nation. It was meant to improve it’s operations and allow for career progression of all the staff without discrimination. The culture of ethics and federal character principle is being grossly abused. These young men are exploiting their privilege to the extreme.
Bawa was reported to have told some sections of the staff from the south to leave the Commission for “them”. He was quoted to have offered to pay the entire retirement benefits of those staff if they choose to leave voluntarily. This is how bad it is, the grand plan to suppress EFCC personnel who are not from the core north. A senior staff was demoted for advising that official business in meetings be conducted in English language instead of Hausa language which is the trend in the Commission. It will take the grace of God to grasp anything in an official meeting.
The truth, is, no EFCC recruitment has ever been done without the agenda to have it in favour of the North. Infact, there has never been any balanced recruitment in that Commission. Whereas, more than 85% of the over 3000 staff of the Commission are from the North. The last recruitment conducted by Bawa is not only nauseating, it is illegal and criminal. More than 65% of those that were recruited came from Kebbi state alone.
Mr. President cannot allow himself to be blackmailed by the sentiment of respecting the North because the highest votes of his victory came from the North. This government is not transactional and should not tolerate any transactional manipulator around the presidency. We should not on the altar of fear of blackmail promote criminality. What is happening in the EFCC is worst than whatever happened in CBN. Financial and staff audit must be conducted on the books and the nominal rolls of the Commission respectively. The immunity status of the EFCC which makes it assume an untouchable status should be stopped. No agency is above the law.
The worst corruption is happening in that agency. If Nigeria is a federation, the federal character principle must be respected. Most times, those who are supposed to check the excesses of the leadership of the EFCC, offices like Auditor General of the Federation, Federal Character Commission, etc are not doing so because they also have skeleton in their cupboards that they don’t want to upset the EFCC to investigate. Notwithstanding such dereliction, it must be emphasized that Nigeria is bigger than all of us, therefore, the right thing must be done without fear or favour.
CONCLUSION/RECOMMENDATIONS
- In view of the above revelations, President Tinubu, GCFR, should mandate that thorough investigation be carried out on the activities of the EFCC, including it’s finances, recruitment culture and practices.
- Mr. President should also direct that staff placement and seniority categorization be harmonized so that no cadre will suffer any form of discrimination, suppression, exclusion or regression.
- All illegal promotions done in the last three months be reversed and proper promotion exercise be conducted accordingly.
- Mr. President should also correct the anomalies of placing junior staff above their senior and as such, the appointment of the current acting chairman be reversed and the most senior Director be designated to act as the chairman in the interim.
- That state of emergency be declared in EFCC, to call for external audit and investigations, including but not limited to the appointment of Sole Administrator to oversee the affairs of the Commission for the next years, if need be.
- Consideration for amendment of the EFCC Establishment Act to take care of some of these lacuna in the Act and the affirmation that EFCC is and should be lawyers jurisdiction and should be under the leadership of someone with the knowledge of the law.
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