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Nigeria: EFCC Staff Want Senate to Summon Ribadu
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This Day (Lagos)
3 June 2008
Posted to the web 3 June 2008
Sufuyan Ojeifo
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.
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"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.
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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... [Read Full Text]
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... [Read Full Text]
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... [Read Full Text]
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... [Read Full Text]
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... [Read Full Text]
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