Sufuyan Ojeifo
3 June 2008
Abuja — The intrigues surrounding the removal of Mallam Nuhu Ribadu as the chairman of Economic and Financial Crimes Commission (EFCC) and the appointment of Mrs Farida Waziri in his place may be far from over.
In a letter addressed to the President of the Senate and signed by "Concerned EFCC Staff" which THISDAY saw yesterday, the unnamed members of staff are requesting that the Senate should summon Ribadu and ask him pertinent questions concerning his reported removal as the chairman of the anti-graft agency.
Also yesterday, the Office of the Senate President described as "mischievous" claims by ex-Senator Joseph Waku that Senate President David Mark was playing the ethnic card with the appointment of Waziri.
In the letter to the Senate, the EFCC "concerned staff" said the legislative body must first resolve the issue of whether or not the office of EFCC chairman was vacant before going ahead with the confirmation of the appointment of Waziri in order to avoid politicisation of the issue. They said their suggestion was in line with President Umaru Musa Yar'Adua's posture on rule of law and due process.
Chief Gani Fawehinmi (SAN) had also, in objecting to the appointment of Waziri, pointed out that Ribadu had not been officially removed from office.
The EFCC staff wrote: "In order to protect the Senate from blame of premeditation in arriving at the decision that the office of the EFCC Chairman is not vacant, Mr. Nuhu Ribadu, the Chairman of the EFCC, must be summoned to tell the Senate and Nigerians whether he has received any letter from the Executive terminating his appointment or removing him from office, and to submit any letter or correspondence from the Presidency or the Police Headquarters, which may help the Senate, including the letter or directive, if any, asking him to proceed on course to NIPSS, to see whether there is anything therein, notifying him of the termination of his second term. This way, the Senate will be seen to have based its decision on hard facts."
The letter, which was addressed to the Senate President, read: "We are staff of the EFCC who write this short note to you because we hold a strong desire that the future of the Commission and the war against corruption should be strengthened.
"First we wish to thank you for your attention and work on the Commission's matter that is before you by way of the confirmation of Mrs. Farida Waziri, nominee as Executive Chairman of the Commission. As employees and key stakeholders in the war against corruption, we have a few thoughts that we wish to share with you and other distinguished senators in a way that will help you bring this matter to a quick and helpful conclusion.
"As we see it, the Senate seems set, unavoidably, to enter another round of emotive and highly partisan debate over Mrs. Waziri's nomination. We sincerely hope this will not be the case, because our wish is that the Senate floor should not be turned into a battle ground for contending political forces who merely wish to assert their respective strengths in a matter of profound national interest like the life and future of the Commission, and of the anti-corruption war.
"Given this impending scenario, however, we urge the Senate leadership to proactively anticipate the intensity and divisiveness of contributions during the hearing, and take appropriate steps to manage the confirmation process. This way, the Senate will not hurt its integrity or cohesiveness in this confirmation process.
"In all likelihood, the confirmation of the nominee will turn on two considerations. The first is whether the office of the Chairman of the EFCC is vacant. The second is, if the office is vacant, whether the nominee is qualified to occupy the office. The first consideration is technical and relates to procedure, due process, and the rule of law. The second consideration is about the merit of the nomination and the suitability of the nominee to occupy the office.
"Given the political circumstances of this nomination, it should be clear that while the first consideration would not generate heat during the debate, the second consideration certainly will. In other words, the first consideration is less potentially divisive than the second one.
"Based on the foregoing, we do humbly recommend that in order to steer the Senate away from a potential crisis, it should concentrate on the resolution of the first consideration. Once the Senate resolves this consideration by concluding that the office of the Chairman is not vacant, it will be needless to go into the second divisive consideration. The issue would be laid to rest, technically, like a ruling in a court of law upholding a preliminary objection to its jurisdiction to entertain a case.
"The Senate will only need to pass a consequential resolution that the status quo be maintained to give continuity to the EFCC whose operational and prosecution activities, in the past three weeks, have virtually grounded to a halt. This approach will afford the Executive arm of government an opportunity to reflect on, and reconsider the nomination. In the same process, the Executive arm of government will not lose face, a situation that may arise from the full blown discussion of the second consideration, and the non-confirmation of the nominee. To act in this way too will help protect the integrity of critical criminal data, and the lives of operatives which are currently at risk from forces hell bent to bring the Commission down.
"In order, therefore, to protect the Senate from blame of premeditation in arriving at the decision that the office of the EFCC Chairman is not vacant, Mr. Nuhu Ribadu, the Chairman of the EFCC must be summoned to tell the Senate and Nigerians whether he has received any letter from the Executive terminating his appointment or removing him from office, and to submit any letter or correspondence from the Presidency or the Police Headquarters, which may help the Senate, including the letter or directive, if any, asking him to proceed on course to NIPSS, to see whether there is anything therein, notifying him of the termination of his second term. This way, the Senate will be seen to have based its decision on hard facts.
"Without the appearance of Ribadu to state categorically the status of his current appointment at the EFCC, the Senate may not be able to accurately resolve the issue of whether there is vacancy in the office of the chairman of the Commission.
"We praise your patriotism and wish you well in your deliberations. May the good lord bless you all."
Yesterday, the Office of the Senate President slammed Waku for his allegations that the Senate President Mark was playing the ethnic card with the appointment of Waziri.
Waku had accused Mark of being against Waziri because while Mark is Idoma, Waziri, like Waku, is Tiv. Both ethnic groups are in Benue State.
A statement by the Special Adviser to the Senate President, Kola Ologbondiyan, in Abuja said: "The attention of the Office of the President of the Senate, Senator David Mark, has been drawn to a widely published statement credited to Senator Joseph Waku in which he accused the President of the Senate of playing an ethnic card in the ongoing process of confirming Mrs. Farida Waziri, as the Economic and Financial Crimes Commission (EFCC) Chairman.
"But for Nigerians, whom Waku has set out to beguile, his statement would have been ignored as one of his fits of verbal diarrhoea.
"We say this because Waku sat in the Senate from 1999 to 2003 and ought to be conversant with parliamentary practices and procedures if the institution of the Senate left any mark in him. Sadly, it appears that poor education and inability to be nationalistic in horizon denied Waku the understanding and workings of the parliament.
"It is common knowledge that the President of the Senate derives his powers from his colleagues and he cannot take any decision outside the resolutions on the floor. So far, this is what has applied in the ongoing screening exercise of Mrs. Waziri.
"It is therefore a waste of time and gross mischief for Waku to accuse Senator Mark of playing an ethnic card against Waziri."
It continued: "Also, it is a pity that Waku has refused to grow and purge himself of ethnic bias, otherwise how would he reduce a national issue such as the EFCC chairman to Tiv/Idoma rivalry. The President of the Senate has nothing personal with the Presidential nominee for the post of EFCC. Senator Mark only echoed the position of the Senate that due process should be followed.
"For us, we advised that Waku should tell his paymasters that blackmail and mischief have failed as a method of distracting Senator Mark as the President of the Senate."
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This shows how Nigeria's systems or the lack of them is the basis for decay and poverty accross the nation. Where else in the world would this kind of letter be necessary, written or relevant? It is obvious that it was cooked by some interest who has something to hide or fear should Ribadu whos has protected him/her is vacated. If the president says the office is vacant, is that not what it takes to vacate it?
And, if it is true that the absence of an EFCC chairman is solely enough to bring the activities of the rest of EFCC to a stand still, then does it not imply that all others on the job there are not professionals but Zombies that must be orderd/teleguided about, by one person? It is shameful that they will say this of themselves - as all it means is that they lack the competency to perform their daily national duties in the absence of just one supervising administrator.
In the USA, the FBI changes its political appointees as often as then country changes presidents, if not more. The FBI has offices in every State of the nation and in almost every major city nationwide. Now tell me how not having a chairman that is not on the ground in all these places enough to stop the activities of trained professionals in these numerous field offices? The situation in Nigeria is that the EFCC is nothing but a political witch-hunting outfit, with Ribadu as the chief priest, and that is why they can not function professionally and independently without being teleguided by him. They do not know what to do without Ribadu because he used Juju on their heads and they can not see crime even when it slaps their face.
If I may suggest, why not the staff of the EFCC begin to worry about getting professionally trained so they can do their work professionally without RIbadu as baby-sitter? If they are professional, they should be, does it matter which political appointee is leading the office? Why is it their business to guide the senators in doing their own job? Who told them they have business in appointing themselves to the educator-status of what senators must or must not do?
I think they want Ribadu because with a new Chairperson, many of their known corrupt attrocities may be routed out - and they are all frozen in their pants and can't do much in fear they are finished.
Dear EFCC employee of EWU Letter, if you have commited a crime, like taking bribes as we know you do to "survive in Nigeria", your day is soon coming to face you - the best thing to do is come out clean and confess before they come for you. You can shake all you want in your pijamas, that will not help your matter. The fact is that a new face has come to work, and those of you who don't like change, must begin to get used to it.
Sooner than later you will be booked for being more corrupt than those you were suppose to watch. By the way, shame on you all, for the poor and disappointing work you have done over the years under Obasanjo. Because of your mediocrity, Nigeria has earned the disgraceful status of being the top corrupt nation in the world...... Congratulations!! We thank you for these achievement.
Emenike, USA
People are at liberty to pick and chose a position and proffer a dogmatic position at will but suffices to say that when it was learned that some district attorneys were removed from office for political reasons in the US it invoked an outrage. No one questions the authority of the president to vacate a position so long as it is in the national interest otherwise people are at liberty to ask questions. To date Nigerians have not been told why Ribadu was rusticated from office and this is why we demand the passage of the Freedom of Information bill that is been held in the Senate by David Mark.
I was numb beyond outrage when the Senate President said that the sole reason for not passing the bill is that if the bill is passed will give more freedom to the people and the press. Why is he afraid of the bill if he has nothing to hide? Nigeria is a nation and not a kangaroo court where people are seen but not heard. I feel bad that some of us who live in a free world but because of their connections with the corruptions in Nigeria would continue to advocate a sub-standard freedom for the people who live out in poverty created by corruption in Nigeria. This is a stage we have tasted and rejected
I remember the Ribadu case and the issues raised by Nigerians when Ribadu was sent to School. Following the EFCC Act, public opinion was that Ribadu's removal was contrary to the laws establishing EFCC. If my memory is anything to go by, the president and the Inspector General of Police had gone abroad with the explanation that Ribadu is only on study leave from EFCC, that he is only completing a requirement for any force member of his rank who has just been promoted. We were told that Ribadu remains the Chairman of EFCC, while he is on study leave and that EFCC would only have Acting Chairmen (women) until Ribadu is done with school.
Now, if our own Umaru has gone ahead and appointed another EFCC Chairperson while Ribadu is still at school, and if, according to the pronouncements of the president, the IG, and the EFCC Act, Ribadu remains the Chairman--albeit on study leave--it means that something is wrong somewhere. It is either that Umaru and Okiro lied to the Nigerian people and are in violation of the EFCC Act, or that they have just made a mindless mistake that needs to be corrected.
If Umaru has started lying to Nigerians at this initial stage, he should beware. He should remember that there is something like credibility. The only reason that Nigerians have been paying attention to him is that his own credibility precedes him wherever he goes. Umaru, if you lose your credibility by not following the law you have vowed to stand by, you will lose the trust of every Nigerian. Remember the legitimacy thing that is always behind you. You will be showing yourself not only credible but even more legitimate, if you return Ribadu to where he belongs--EFCC--and give him the teeth he needs to chase after corruption and corrupt people. Yes, Mr. President, we need to see that your words match your actions and that you are not taking us for a ride. In this EFCC case, we hold you to your own words to the Nigerian people, and you need to tell us the truth. If Ribadu is still the chairman of EFCC, why should Farida Waziri be appointed a chairperson to a non-vacant office?
The Senate of the Federal Republic should also beware, and so should the House of Representatives. They were the institutions that passed the EFCC Act into law. If they sanction the violation of this act by approving the appointment of Waziri to a non-vacant post, they will be saying a lot to Nigerians about how we should take whatever is coming out of their hallowed chambers!
Nigerians are watching both Umaru and the two houses on this issue. For all we know, they--the presidency and the congress--have no business breaking the law that they, themselves, made and signed.
I remember the Ribadu case and the issues raised by Nigerians when Ribadu was sent to School. Following the EFCC Act, public opinion was that Ribadu's removal was contrary to the laws establishing EFCC. If my memory is anything to go by, the president and the Inspector General of Police had gone abroad with the explanation that Ribadu is only on study leave from EFCC, that he is only completing a requirement for any force member of his rank who has just been promoted. We were told that Ribadu remains the Chairman of EFCC, while he is on study leave and that EFCC would only have Acting Chairmen (women) until Ribadu is done with school.
Now, if our own Umaru has gone ahead and appointed another EFCC Chairperson while Ribadu is still at school, and if, according to the pronouncements of the president, the IG, and the EFCC Act, Ribadu remains the Chairman--albeit on study leave--it means that something is wrong somewhere. It is either that Umaru and Okiro lied to the Nigerian people and are in violation of the EFCC Act, or that they have just made a mindless mistake that needs to be corrected.
If Umaru has started lying to Nigerians at this initial stage, he should beware. He should remember that there is something like credibility. The only reason that Nigerians have been paying attention to him is that his own credibility precedes him wherever he goes. Umaru, if you lose your credibility by not following the law you have vowed to stand by, you will lose the trust of every Nigerian. Remember the legitimacy thing that is always behind you. You will be showing yourself not only credible but even more legitimate, if you return Ribadu to where he belongs--EFCC--and give him the teeth he needs to chase after corruption and corrupt people. Yes, Mr. President, we need to see that your words match your actions and that you are not taking us for a ride. In this EFCC case, we hold you to your own words to the Nigerian people, and you need to tell us the truth. If Ribadu is still the chairman of EFCC, why should Farida Waziri be appointed a chairperson to a non-vacant office?
The Senate of the Federal Republic should also beware, and so should the House of Representatives. They were the institutions that passed the EFCC Act into law. If they sanction the violation of this act by approving the appointment of Waziri to a non-vacant post, they will be saying a lot to Nigerians about how we should take whatever is coming out of their hallowed chambers!
Nigerians are watching both Umaru and the two houses on this issue. For all we know, they--the presidency and the congress--have no business breaking the law that they, themselves, made and signed.
The Nigeria national security is succinctly tied to the war against corruption. Nigerians are divided into two halves, on one hand for a President who has asked the nation to trust him that he would end corruption and bring about prosperity to all Nigerian and, To the same President whose action does not match his pronouncements so the question now is Who President Yar'Adua?
I have never taken David Mark seriously because everywhere he goes he lives a foot print of deceit and falsehood behind. David's name is always associated with errand boy, ethnic favor, bribery, corruption and cover up. Again his name has been linked to the appointment of Mrs. Farida Waziri that is now rocking the commission. The concerned Staff of EFCC have raised a legitimate concern that it is now obvious that sending Ribadu to an ad hoc training was a cover up to water down the role of the commission. Mr. or Chief David Mark without a kingdom but a Senate President would have to come clean about the shenanigans going on under his watch. Yester-year David left a big mess in the former Eastern region as the boundary adjudicator; yesterday it was his cover up of Iyabo Obasanjo and today the salient removal of Ribadu who knows what next from this sluggish and dogmatic senate leader.
Mr. President please do not rock the boat because the staff of EFCC should be comfortable with whom they want to work with to give their 110%. But to impose Ms. Waziri no pun intended would diminish the role of this only last line of hope for the common man to seek redress