Paul Odili
27 February 2007
Lagos — Tomorrow, the Senate adhoc committee on review of EFCC Act is expected to turn in its report. Vanguard politics examines the undercurrent power struggle between Governor Chimaroke Nnamani and Senate President Ken Nnamani as being a crucial factor in the push to amend the EFCC Act, and the investigation of the EFCC advisory list by the Upper House.
Finally, it took the proxy fight between Senate President, Ken Nnamani and Governor Chimaroke Nnamani of Enugu State, to get the upper legislative House to avert its mind to the alleged excesses of the EFCC in its fight to eradicate corruption in the polity. The decision by the Senate to set up a seven man adhoc committee headed by Senator Lawali Shuaibu, from Zamfara State, arose from the suspicion by the legislators that some names originally mentioned by EFCC in its advisory list as being corrupt were altered, giving rise to the allegation of tampering against the presidency.
From reports published, the National Assembly Caucus of the PDP, met with the President penultimate Friday to plead with him on the need to ensure that tickets of members of the party, who lost the party primaries were restored before the INEC deadline of 20th . The first meeting of the caucus was inconclusive, because it was reported that the President said he could not make a decision in the absence of the Chairman of PDP, Col Ahmadu Ali and Board of Trustees chairman, Chief Tony Anenih, hence it was shifted to Sunday for final deliberation. The Sunday meeting did not, it would appear, go according to the expectation of the Senators. Arising from the fiasco of Obasanjo's meeting with them, the upper House in what is now looking like muscle flexing decided to strip him of his powers to control the EFCC. Senate President, Ken Nnamani, the mover of the motion was particular that the committee should look at section 3(2) of the EFCC act, for its amendment.
The provision in question reads, " A member of the commission may at any given time be removed by the President for inability to discharge the functions of his office( whether arising from infirmity of mind or body or any other cause) or for misconduct or if the President is satisfied that it is not in the interest of the commission or interest of the public that the member should continue." Clearly, this provision was a blank cheque given by the National Assembly to the President, when the EFCC act was passed on November 2004. Justifying his call that this clause be reviewed, Ken Nnamani said, " Because of the importance of the fight against corruption to our reputation in the international community and our aspiration to become an economic power in the world, we must be vigilant to protect the independence of the EFCC, and strengthen its capacity to stamp out the virus corruption from the polity."
Chief Nnamani openly accused the President and the EFCC of selectivity when he suggested that there was credible evidence that the list submitted by the EFCC was doctored, with names of those included removed while those not originally there were included. " The allegation of double standard and political manipulation is, unfortunately, seemly supported by conspicuous omissions on the list some persons who EFCC, and even the Code of Conduct Bureau had earlier charged to court and tribunal, respectively, for corrupt practices."
Brittling with anger, Chief Nnamani held that in view of this, the National Assembly had to intervene, maintaining that, " Independence of the EFCC will secure the support of Nigerians on the war against corruption is perceived to be waged against some corrupt politicians and not all corrupt politicians, Nigerians will continue to doubt the good faith of the EFCC. It will be very damaging to the credibility of the EFCC if it allows itself to be controlled by any other authority in prosecuting the war against corruption. The law subjects its to only to judicial review of the courts, not the prescriptions of any other branch of government."
Nnamani's harsh words set the tone for the debate that followed and which eventually led to the setting up of the adhoc committee. What played out on the floor of the Senate has been interpreted as being not only an aspect of the pre-election maneuvering, but in a way a direct confrontation between the President and the upper House, as symbolised in Chief Nnamani. Although the Senate president was not specific on who the indicted persons that were left off by the PDP were, many observers say since all politics are local, Ken Nnamani's direct interest in Enugu politics meant he was referring to Enugu state governor, Dr Chimaroke Nnamani and his political adviser Chief Sam Ejiofor, who is the PDP deputy governorship candidate. Dr Nnamani and Chief Ken Nnamani are from Enugu west senatorial candidate zone, but while the Senate president has since declared that he would not be seeking reelection and did not bother to put himself forward, apparently, because, the party hierarchy did not back him, he certainly did not expect to see Dr Nnamani remain in firm control of the party machine in Enugu state, such that both he and his political group would be in political reckoning, to the exclusion of Ken Nnamani.
In fact, the showdown between both men had a long being in coming. In one particular memorable instance, the Senate on September 14th 2006 summoned the EFCC chairman, Mallam Nuhu Ribadu, to appear before it, and give a report of its investigation on corrupt governors. The Senate order was sequel to the motion by Senator Fidelis Okoro urging the Senate to mandate the EFCC to make the reports of its investigations concerning the alleged misappropriation of Local government funds by Enugu State Government public. Ribadu eventually made his appearance before the Upper House on the 27th of September and in his two hours briefing told the House that his commission had established concrete evidence of corruption against15 governors one of whom was the Enugu administration.
In his testimony, Ribadu claimed that the commission had a 32-page report on fraud allegedly perpetrated in Enugu State. He also accused the state administration of inflating the cost of about eight projects. It was a bombshell, which was hotly disputed by the Enugu government. The Enugu government in a detailed response to the EFCC indictment refuted point by point what the EFCC alleged. Because of the comprehensive response by the Enugu state, the EFCC report was made to look shoddy and an attempt at political witch hunting.
The Senate did not end there, it setup a special committee to look at the management of local government councils in Enugu state. The committee had a public hearing in Enugu where its hearing was reportedly dominated by pro-government supporters, with the opposition staying away. Because of the absence of the opposition at the Enugu public hearing, the Senate scheduled another public hearing in Abuja for them. While this was going on, the Enugu government denounced the investigation as been in breach of the Constitution, which allows only the State House of Assembly to investigate activities of local government in addition to the fact that the EFCC report ought not to have been tabled before the Senate, but before Enugu House.
Nevertheless, since that maneuvering the showdown between the two Nnamani's appeared to have been taken off the front pages of public scrutiny. Not for long as it was to be. With the baton of power about to change the struggle resurfaced again, with the two camps now clashing yet again. Each side using what it has to neutralise the other side. The PDP congress was one major bone of contention amongst others. Chimaroke Nnamani as governor of the state made sure that the party structure was dominated by his group despite attempts to negotiate an understanding. The party national leadership attempt to reconcile the two sides did not yield much. Perhaps also because Governor Nnamani notwithstanding his many travails had more influence in Abuja, than Ken Nnamani. With the structure of the party left as they were, Governor Nnamani's camp swept all the offices that were open to be renewed. In all the elective offices, his camp triumphed, with him emerging as Senatorial candidate of Enugu West and his protegee Mr Sullivan Chime, the governorship candidate of the party in the state.
In all the opposition were left with little or nothing. This was a bitter pill to swallow. Governor Nnamani over the years have successfully mastered the opposition and it would appear that if the trend continues his dominance of Enugu politics will further be strengthened, and this has to be stopped. With the electoral act given political parties opportunity to substitute candidates with questionable records, the EFCC advisory lists of indicted politicians was specially convenient, and unsurprisingly the name of Chimaroke Nnamani and Sam Ejiofor made it. The expectation was that both men would be removed from the party ticket.
If, as the opposition had hoped, Nnamani had been removed from the PDP list with Ejiofor, the structure of Ebeano political family would be put on a tail spin, such that the opposition forces would have the room to dislodge the governor. Their thinking was that PDP gubernatorial candidate, Mr Chime, being relatively weak, the opposition would overrun the Ebeano political family. Somehow, the national party leadership seemed to have looked the other way, contrary to the calculation of the opposition that the advisory lists and the Code of Conduct indictment of corruptly acquiring 172 houses presents sufficient grounds to remove Chimaroke Nnamani from reckoning.
On their part the Enugu government in a very detailed response to the Code of conduct indictment were able to demonstrate that the report of the bureau was phantom. In several instances, some of the houses listed to have been acquired by Chimaroke Nnamani were either non-existence, or were properties that belong to Enugu state government, and not to private individual as alleged. They also dismissed the claim that EFCC indicted the governor.
As the deadline for substitution of candidates elapsed and nothing was doing by the PDP regarding the ticket of Governor Nnamani as Enugu West senatorial candidate and Ejiofor, the Senate President was obviously miffed. In particular, as Governor Nnamani at the inauguration of the flag off of Mr Chime's and Ejiofor's governorship campaign found time to thumb his nose at the opposition over their failure to unseat him.
With the prospect not looking good, Chief Ken Nnamani had to flex some muscles, and the one he can do since it appears he has failed to get Governor Nnamani out of the way was to whittle down some of the President's power over EFCC, knowing how much Obasanjo hates to find his power challenged or cut down. It has been argued in some quarters that had the Senate President gotten what he wanted, he would not be anxious to push for the review of EFCC Act.
In other words, as some analysts suggest this is an ego battle, and not based on principle as it has been made to look. To show his particular displeasure, the Senate President is clearly leading his colleagues in a grudge fight against the President. Many of them beginning from himself in the Senate lost their ticket, and will not be returning, and have so far shown that they lack the guts to leave the PDP and join other parties to actualise their aspiration.
With public attention focused on the Senate it is unclear what the President will want to do. He has turned down the Senators request for a window to allow some of them have their tickets restored to them. That is enough bruise and the EFCC represents an instance they can get back at the President. The trouble as observers have noted is that even if the National Assembly were able to give the process of amendment of EFCC Act an accelerated hearing, it would still need to be signed by the President, who might want to explore the 30 days allowed him by the Constitution to withhold his ascent, before its override by the legislature, and with the handover date already at hand the whole Senate's effort would do nothing to the power of the President to continue to have EFCC report to him. In other words, it is the incoming administration that would really be effected, and not this one.
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