Standing Up to EFCC
The Economic and Financial Crimes Commission (EFCC), meets stiff opposition on its second visit to Benue State
By Sam Tyav, Makurdi

George Akume

In line with the expectation of critics of the Governor George Akume administration, who were joyous that men of the Economic and Financial Crimes Commission (EFCC) would strike harder, after narrowly escaping from hoodlums on July 28, officials of the Commission stormed Makurdi, the Benue State capital on Wednesday, August 2 and arrested two top government functionaries whom they took away to Abuja.
The EFCC officials had come on July 28 and made some arrests, but the state government allegedly organised thugs who openly confronted the operatives, thus necessitating their release from the state police headquarters in Makurdi.
Besides, the state government condemned the “invasion” by the EFCC, saying that the government did not do anything to warrant such harassment. The major issue raised by the government was that it is still on record that the “EFCC did not follow due process” and that President Olusegun Obasanjo was only after the government and people of the state for refusing to support tenure enlongation.
Following the action of the Commission, which the Benue State Government described as not following due process, they (EFCC) went back and sent a letter to the state government, demanding the release of some officials who have cases of corruption against them ; they also requested information regarding certain areas and projects.
The letter which was signed by Ibrahim Magu, for the executive chairman of the commission, Nuhu Ribadu named those to be arrested as including the Commissioners for Finance, Water Resources, Works, as well as that of Education, the Accountant General, the Chief Executive of the State Scholarship Board and the Permanent Secretary, Water Resources and Environment. Others to be released to the EFCC were W. E. Itodo, Ruth Ijir and Peter Pa. The affected government officials were to present themselves to the EFCC on or before August 7.
The Commission among other things requested for detailed account on the utilisation of ecological funds from the Federal Government, from 1999 to date, particulars of contractors and present status showing clearly their location, contract sum and payment made including supporting documents. Such projects, according to the letter, included Benue International Hotel, rehabilitation of Makurdi water works, creation of street lights, construction of Golf course, solar-powered boreholes, acquisition and installation of Asphat plant, among others. The Commission as well requested for details of all statutory payments to local governments, allowable deductions and actual payment to each local government from 1999 to date, and details of all scholarship payments made to 29 Benue indigenes but facilitated by the Nigerian Ambassador to Mexico.
But in what most Benue government officials regard as a trick, the EFCC officials came and arrested Terna Ahua, Permanent Secretary, Water Resources and Environment and Peter Pa, deputy director, Accountant General’s office and took them to Abuja for “interrogation” on August 2, while the state government officials were allegedly trying to present themselves to the EFCC.
This, the state government regarded as an offence, as according to government officials, the state had already secured a court injunction, which restrained the EFCC or any of its agents from further arrest of government functionaries. The court, also restrained the Federal Government, EFCC and the Commissioner of Police from carting away any government document.
Having felt offended, the State Government, through the Attorney General and Commissioner for Justice, Joe Abaagu on August 3 filed contempt proceedings at a High Court in Makurdi. The presiding judge, Justice J. S. Ikegh, ordered the release of the two government functionaries on bail within 24 hours. The substantive case is expected to come up on August 17.
Armed with the court injunction, The Source learnt that the affected government officials invited by the EFCC went to Abuja, as they claimed that the court injunction came before their formal invitation. The EFCC, we learnt also came to the court and raised objection and the case was thus adjourned to August 17.
Even as the letter inviting the state government officials by the EFCC was said to have been served on the Commissioner of Police, the police boss was said not to be aware of the arrest of the two officials. The Source's investigation show that the Ribadu boys deliberately avoided the Commissioner of Police, as he was believed to have compromised in the release of the officials arrested on July 28.
The State Commissioner of Police, Ibe Aghanya, was equally said to have had it rough. It was alleged that the CP was invited by the Inspector General of Police and was interrogated. There were speculations that he would be removed from Makurdi, but The Source has confirmed otherwise.
When reached for clarification on the issue, the state Commissioner for Justice, Abaagu said even with the due process claimed by the EFCC, they were not specific on what they actually wanted. According to him, what the EFCC is looking for could be better regarded as general investigation. Such general investigation, Abaagu said, is done only by the Auditor General of the State. He (Abaagu) was proud to tell The Source that the Akume administration inherited 11 years of unaudited accounts which have now been audited it up to 2005.
Worried by the continued harassment of Benue State top government functionaries, Abaagu said: "We have instituted a case against the Federal Government at the Supreme Court, Abuja," and assured that the case would be decided by the apex Court as soon as its justices resume from vacation.
On the same issue, the Benue State House of Assembly has also filed a suit against the Federal Government and the EFCC for the alleged illegality exhibited by men of the Commission in the State.
The second arrest of the two government officials, The Source learnt, propelled the leadership of the People's Democratic Party (PDP), to hold another expanded executive council meeting.
The communiqué at the end of the meeting– a copy of which was made available to The Source, urged members of the National Assembly to urgently address the illegality perpetrated by the EFCC.
The communiqué, which was signed by the chairman of the party in the State, Lawrence Ugbor and Secretary, Samuel Ortom, also reaffirmed the party’s loyalty to the country's constitution of the country and the rule of law as well as their confidence in the Akume administration. It blamed the harassment of government officials on the PDP-led government of President Obasanjo.
The party, according to the communiqué, agreed to remain united and defend democracy, but assured that it will continue to support every legal step taken by the State government in resisting the illegality exhibited by the EFCC.
The Source has it on authority that though the EFCC failed to release the arrested officials, as ordered by the High Court the Commission release them on bail on August 8.
A statement on the release by the commissioner of Justice, said that the EFCC has started obeying court orders.
It is pathetic, however, to reveal that from July 27 when the EFCC operatives stormed Makurdi at the first instance till date, government activities have been paralysed, as most top government functionaries have accordingly put off their GSM handsets and stay away from their offices which have remained locked so that they would not be “disturbed” by the public, especially as they don’t know who their “enemy” is. Most files from the main accounts of the Ministry of Finance have been allegedly kept under the control of one man, such that major expenditure has been suspended and only the commissioner is believed to know where such transactions take place.
Organisers of public events these days readily attest to the fact that top government functionaries no longer attend public functions for fear of the EFCC. They are all being represented at occasions by either their friends or subordinates.
Surprisingly, flashy cars have also disappeared from the streets of Makurdi. Top government functionaries who still have the big hearts to live in Makurdi have, however, abandoned their official cars. They are mostly seen in Volkswagen Golf cars popularly called “pure water”. A good number of them have remarkably left Makurdi for their villages and operate from there.
But with the court injunction and filing of cases against the Federal Government and the EFCC, critics of the government are saying that the top government officials affected will only succeed in delaying their arrest, interrogation and subsequent punishment, adding that it will be better for them to avail themselves to the EFCC for interrogation now– rather than having to do so late and regret the outcome.