Ribadu may ignore IG’s order

By Our reporter - 03.01.2008

THE embattled Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, may ignore the order of the Inspector General of Police, Mr. Mike Okiro, that he should proceed on a senior course at the Nigeria Institute for Policy and Strategic Studies (NIPSS), Kuru, Plateau State, Nigerian Tribune has learnt.

This is one of the major options considered by Ribadu in what many observers regard as the latest manifestation of the six months of “hide-and-seek” between President Umaru Yar’Adua and the anti-graft czar.

In the event that he finally decides to proceed to Kuru as directed by the police boss, Ribadu plans to still carry on as the chairman of the EFCC since, as he told close associates, “neither the president has had the courage to sack me, nor has the IG pushed the illegality to the point of assuming the powers to sack me as EFCC chairman.”

While legal experts have debated the legality of Ribadu’s re-appointment by President Olusegun Obasanjo without Senate re-confirmation, the Nigerian Tribune learnt that the position of Ribadu and his closest associates is that whatever happens, the EFCC boss must ensure that he “does not go down without fighting.”

Ribadu, close sources revealed, is resolved to ensure that even if he was eventually removed “by hook or by crook,” the Yar’Adua government would have suffered a major credibility crisis over the action, both at home and abroad.

In the light of this, it was decided that the first step was for the anti-corruption agency boss to remain in office, as he did throughout last week, based on the fact that even the president has no power under the EFCC Act to send him on a study leave.

Under Section 11 of the EFCC Act, the kinds of training the commission should provide for its staff are clearly specified. According to Ribadu’s close associates who spoke to the Nigerian Tribune on condition of anonymity, the IG has no authority over Ribadu as long as he remains the chairman of EFCC. A source close to Ribadu stated last night, “For a government that recites the rule of law as a mantra, this is a most hypocritical and deceptive approach to governance. Crippling the EFCC constitutes a veritable instance of obstruction of justice. The government wishes to impede the prosecution of crime, especially those committed by the political elite. Obstruction of justice is a crime under our laws.

The president should remember that is the crime for which President Richard Nixon resigned as president of the United States.” The source further argues that Section 2(3) of the EFCC Act subjects the appointment of the chairman and other members of the commission, except the ex-officio members, to confirmation by the Senate.

Section 3 (1) guarantees a tenure of four years in the first instance with the possibility of reappointment for another term of four years. Section 3 (2) spells out the conditions under which a member of the commission may be removed: infirmity of mind or body, misconduct or if the president is satisfied that it is not in the interest of the commission or the public that the member should remain in office.

However, anti-Ribadu elements around President Yar’Adua are reportedly shifting their battle against Ribadu from the “subterfuge” announced by the IG to legal and procedural grounds by arguing that since former President Olusegun Obasanjo did not seek or get Senate’s approval for the re-appointment of Ribadu, then the anti-corruption czar’s re-appointment is not only “illegal,” all the actions taken by the commission since then are “null and void.”

Such actions that would be so described, the source hinted, are the series of prosecution of the former governors, particularly former Governor James Ibori who allegedly raised the biggest chunk of the money used for the campaign of President Yar’Adua.

It will be recalled that Mr. Femi Falana, a prominent lawyer and President of the West African Bar Association, has stated that the initial Senate confirmation subsists for a re-appointment.

Falana reportedly argued that Section 2 (3) of the EFCC Act requires Senate confirmation only for the first four-year term of the chairman and members of the commission. He argued further that Section 3 (1) of the Act which deals with re-appointment does not have any provision for re-confirmation.

Arguing further on the legality of the IG’s statement, the source asked, “Who is legally competent to sign the instrument directing him to proceed on study leave? This is a legal muddle for the President and it may provoke litigation by interested parties, apart from the political fallout. This is one of the most cynical manoeuvres ever undertaken by a Nigerian government, particularly one that claims to be following due process.”

While the President and the Attorney-General of the Federation and Minister of Justice, Mr. Michael Aondoakaa, who has been embroiled in a battle with Ribadu are searching for a successor, Ribadu’s allies are arguing that it would be illegal to appoint an acting chairman for the EFCC since there is no such provision in the Act.

Apart from this, unless a vacancy is properly declared in the position of the EFCC chairman, no “outsider” can be appointed to the position.

If Ribadu is technically on “study leave”, then only one of the five other members of the commission who were confirmed by the Senate may cover his duties.

However, only one of the five other members of the commission who were originally confirmed by the Senate can act in his place, because he (Emmanuel Akomaye) is the only other full time member, apart from Ribadu. The others are part-time members.