The Yahaya Bello-EFCC embarrassment

THE Economic and Financial Crimes Commission’s (EFCC) botched attempt at arresting former governor of Kogi State, Yahaya Bello, over allegations verging on official sleaze vividly shows the decadence in the Nigerian society on two levels. One is the institutional discordance, as it were, between two state security agencies, the EFCC operatives and the police. The EFCC operatives wanted to carry out a court-sanctioned arrest but the police would not let them do so. That is most embarrassing and unfortunate. The other is the shameful divergence of public opinion about the propriety or otherwise of Bello’s arrest by the EFCC over corruption charges.  The fact that two security agencies working for the same government acted at cross-purposes is not just embarrassing; it is a dangerous pointer to a lack of coordination and unanimity of purpose among the security agencies in the country, perhaps on sundry other grave issues. And worse still, though they are in the minority, some Nigerians are harping on what they perceive as the EFCC’s adoption of the wrong process and procedure in the attempted arrest of the former governor as sufficient reason to let him off the hook. There are even supposedly learned persons who are prioritising convoluted legalese over the meat of the matter, which is brazen official corruption. It’s really saddening.

And so it turned out that Bello escaped EFCC’s arrest courtesy of Usman Ododo, the incumbent governor of Kogi State, who allegedly stormed the former governor’s Abuja residence where the anti-graft agency had laid siege and ferried the suspect away in his official car! In other words, a sitting governor did not only use the instrumentality of his office to shield a citizen accused of breaches of the law from official investigation, he also aided him to escape lawful arrest! This is a lucid case of gross abuse of power which, hopefully, will attract the appropriate sanction in the fullness of time. This singular act by a very senior serving politician has cast doubt on the integrity and the raison d’etre of many politicians in seeking political power. Apparently, serving or working in the interest of the people must be quite low in their pecking order: self-interest, self-preservation and protection of predecessors or the political class at large would appear to be more paramount.

The EFCC, in apparent frustration, has now declared the former governor wanted because he would not honour official invitation. The declaration stated that Bello is wanted for offences relating to economic and financial crimes to the tune of N80.2 billion and that anybody with information as to his whereabouts should report immediately to the commission or the nearest police station. Earlier, the EFCC had even threatened to involve the military in executing the order issued on Wednesday, April 17, for the arrest of the former governor. It beggars belief that an individual of a former governor’s status could have these egregious allegations levelled against him and still refuse to come forward to defend himself.  The allegations against Bello are grave, and his tactics to avoid interrogation are embarrassing and beyond belief. It is not the place of suspects to determine when, how or where they can be questioned as Bello seemed to have wanted as if he is above the law.  A simple process of honouring invitation and clarifying issues, with both parties exhibiting decorum, became so messy, pitting hordes of EFCC personnel and scores of  security  operatives on the entourage of the Kogi State governor in a tacit confrontation, as it were. Afterall,  arrest is not synonymous with conviction but a process that allows a suspect to defend himself, and prove his innocence of whatever charges are preferred against him.

Were it not for the better judgment of the EFCC leadership, there would have been a shootout resulting in casualties. By not insisting on the use of power and confrontation to effect the lawful arrest of Bello, the EFCC forestalled a potentially ugly incident. There might be a need to reconsider and review section 308 of the 1999 Constitution (as amended) on the subject of immunity for certain categories of office-holders. Bello, it would appear, has yet to come to terms with the reality that the party is over regarding the immunity that he enjoyed as governor. And his successor, too, seems to want to illegally accommodate the former governor under the legal immunity that he currently enjoys.

Where the EFCC has been wrong, we have had occasion to call it to order. In the present case, though, it seems to be only intent on doing its job and as many as may want to prevent the agency from doing this job should be made to face the wrath of the law at the appropriate time. Nigeria is not a banana republic: political officeholders cannot continue do what they please while in office without a thought about a day of reckoning. Leadership is about service, integrity and transparency. In this regard, it is rather concerning that some in the legal profession are virtually abetting crime through patent bias against the effort to scrutinise the Bello administration based on the letters and spirit of the law.

We commend the bravery and maturity of the EFCC and its deft handling of the instant case even as we urge the anti-graft agency not to go beyond the ambit of the law and the statue books in all cases before it.  Due process and diligence will further induce public confidence in the war designed to curb the gross abuse among the few that are privileged to occupy public office, elected or appointed. We note with dismay, the ugly trend of politicians incentivising miscreants and ignorant fellows to protest against the EFCC because former public officials are being questioned. This tactic further exemplifies the desperate intention of public office-holders to continue to pillage common resources with impunity. Bello’s case has already thrown up such orchestrated protests. Deploying hired crowds to stage protests can only bring more opprobrium to those behind the ongoing obscenity. Paid agents will compound the woes of those without a clear conscience on the EFCC-Bello case.

In the instant case, the law must take its course, even against those who might try to shield Bello from arrest, investigation and prosecution over the allegation of malfeasance.  Indeed, at end of the day, the former governor will have no choice but to submit himself to EFCC’s grilling. That would be in consonance with the oath he took while being sworn in as governor to render an account of his stewardship. He still has the honourable option of  approaching  the EFCC with unassailable evidence against the allegations and charges against him. It is imperative that the former governor  approaches the anti-graft agency on his own volition soonest. That would restore a modicum of dignity to the image of ex-governor and his persona which his current actions have badly sullied.

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