The investigation by the economic and financial crime commission EFCC into alleged diversion of 20b bailout loan funds by government functionaries of the Kogi State has continue to draw attention of stakeholders, Civil Society Organizations, Lawyers, Netizens and Ordinary Nigerians, with many accusing the anti graft agency of having ulterior motives in the investigation.
It will be recalled that in August this year the EFCC have commenced an investigation into what it termed as the diversion of 20b bailout loan through sterling bank accusing Kogi State Government of using the funds for different purposes rather than the initial purpose and saving part of the money in fixed deposit account with fidelity Bank in contravention of extent laws, an accusation vehemently denied by the Kogi State Government and collaborated by the Bank in Question.
Bank documents from Sterling bank has denied ever running a fix deposit account for Kogi State Government and have confirmed disbursement of the said funds for the purpose it was meant for. Sterling Bank in an affidavit leaked to news men claimed,
"Contrary to the claims by the EFCC, the Kogi State Government did not fix any N20 billion with it and confirmed that the funds alleged to have been fixed were fully disbursed to several beneficiaries at the instance of the Kogi State Government."
In Paragraph 12 of the affidavit, the Bank continued: “ payments were made by the bank from Kogi State Government Salary Account to the accounts of the respective beneficiaries between the 23rd of July 2019 and 25th of July 2019 which saw the entirety of the Kogi State Salary Bail out intervention fund in the sum of NGN20 Billion fully disbursed at the instance of the Kogi State Government.”
Despite these evidence from the Bank EFCC maintained its claims that funds were diverted and have been making various efforts at arresting different agents and staffs of the Kogi State Government despite the existence of a valid Court oder restraining the Commission from doing so.
This lead the former President of the Nigerian Bar Association (NBA) Dr, Olisa Agbakoba to term the EFCC as dictatorial and using extra judicial means to silence and achieve premeditated objectives.
"In order to legally prove his stance that the Economic and Financial Crimes Commission (EFCC) has been breaking the rule of law, especially with the manner it prosecutes matters relating to states of the federation, former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN), has said he is heading to court.
Agbakoba said he would be praying the court for a declaration on the exact scope of powers of the Commission, especially in relation to states of the federation, while maintaining that the EFCC must not in the fight against corruption undermine the rule of law.
He quoted a very recent decision, Dr. Joseph Nwobike (SAN) v The Federal Republic of Nigeria FRN SC/CR/161/2020, in which the Supreme Court drastically limited the scope of powers of the EFCC, as it recognised that the EFCC being very powerful could not be allowed to run amok.- culled from New Telegraph online 20,December, 2022.
Also a group of civil Society Organizations and anti-corruption Organizations including Secured World Liberty Initiative for Peace, Africa Labor Research Center, Coalition against Corruption and Bad Governance, the Center for Public accountability and Anti Corruption and Open Leadership amongst others in a press statement accused the EFCC of being politically motivated and on a move to tarnish the image of the judiciary in the country. They therefore call on President Muhammadu Buhari to come to the rescue of the judiciary by calling the EFCC to oder.
The statement reads:
“This Press Release by committed anti-corruption activists has become incumbent in view of some of the activities of the Economic and Financial Crimes has engaged in to which the learned silk, Olisa Agbakoba, has recently called attention to.
“To start with, it is necessary to state that we have always been on the side of the EFCC as we have even collaborated on a number of cases because we have to work together to actualize our collective mandates of fighting corruption that has become a malignant cancer on the country.
“The EFCC is an indispensable institution in the battle against corruption. However, we cannot look away if the Commission goes out of its primary assignment to stray into things unexpected of it.
“The general and particular concepts of the idea behind the formation of the EFCC does not envisage an agency that would make itself susceptible to political machinations and vendetta. Unfortunately, this has become a serial engagement of the Commission almost from inception as it was seen to be misused by the Executive arm of government to witch-hunt perceived political enemies of the government in power. It does seem that other powerful interests who wish to attack their political opponents also resort to using the EFCC to act at their behest.
“We unequivocally stand with Barrister Olisa Agbakoba in his observations and call on the EFCC to review its operational methods in a way that will not compromise its founding principle.
“It must eschew every manner of political patronage and manipulation which are bound to destroy its public perception locally and internationally. The Kogi issue that Dr. Agbakoba alluded to is one case too many. There is a strong suspicion that EFCC has a particular interest to cause chaos in Kogi State by its unnecessary and reprehensible fixation on the state and its affairs.
“As the legal luminary stated, it is not among the constitutional mandates of the EFCC to dictate to the country’s subnationals – the states – what their priorities in terms of fiscal application of their resources should be. That qualifies the Commission as a meddlesome interloper which has lost focus by shading shadows while the substance of its mandate escapes justice.
“There are numerous instances where the Commission has shown itself to be outrageously selective in its investigations, arrests and prosecutions.
We call on the EFCC to shed its political toga and concentrate on its constitutional mandate of fighting corruption and leave politics to politicians. We call on President Muhammadu Buhari to call the EFCC to order before it destroys the impressive achievements of President Muhammadu Buhari in the area of fighting corruption which is acknowledged as unprecedented even by his most vehement critics.
Signed:
"– Debo Adeniran, Executive Chairman, Centre For Anti-Corruption and Open Leadership, CACOL
– Chief Abiodun Sowunmi, On-Air Personality/Executive Director, Africa Labour Research Centre
– Comrade Mark Adebayo, Chairman, Secureworld and Liberty Initiative for Peace and Co-National Spokesperson of the Coalition of Uniter Political Parties
– Comrade Olufemi Lawson, Executive Director, Centre For Public Accountability
– Barr. Emeka Igwe, legal practitioner
– Comrade Toyin Raheem, Chairman, Coalition Against Corruption and Bad Governance, CACOBAG
– Comrade Akinbiyi Omoleye, Secretary, Zero Corruption Movement, ZECOM
– Comrade Ishola Adeshina, Kill Corruption Coalition"- sunnewsonline.com
Similarly Nigerians on Social Media mainly on twitter has continue to voice their frustration to the perceived unjust treatment of the Kogi State Government by the anti graft agency.
Responding to a Press Statement shared on twitter and signed by Kingsley Femi Fanwo the State Commissioner for Information and Communications on 17/11/2022 titled EFCC resumes harassment of Kogi Government officials in violations of injunction restraining it from doing so twitter user takes to the street to voice their anger on the commission thus.
Regardless of how this end in as much as Nigerians from all works of life supports the current anti corruption drive of President Muhammadu Buhari majority also favors the application of equity, and fairness in the dispensation of justice.
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