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Chief Gani Fawehinmi,
LLD, SAN

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In the unlikely event that the Senate comes to the remote conclusion that the Office of the Chairman of Economic and Financial Crimes Commission (EFCC) is vacant, I make bold to say that the nominee of Mr. President, Chief (Mrs) Farida Waziri, has no moral capacity to head the Economic and Financial Crimes Commission (EFCC)

 

Open Letter to the President of the Senate
by Chief Gani Fawehinmi, LLD, SAN

 

Our Ref: GFC/AD/1/1/6/2008

 
Sunday, June 1, 2008

 

President of the Senate

Senate of the Federal Republic of Nigeria

National Assembly Complex

Three Arms Zone

Abuja

 

Dear Sir,

 

ECONOMIC AND FINANCIAL CRIMES COMMISSION:

RE: APPOINTMENT OF A NEW CHAIRMAN

 

The President of the Federal Republic of Nigeria Alhaji Umaru Musa Yar’Adua, has referred the name of Chief (Mrs) Farida Waziri to the Senate for confirmation as the Chairman of Economic and Financial Crimes Commission (EFCC).

 

The Senate will soon begin the process of confirmation.  However, I will like you to give consideration to the following issues arising therefrom:-

 

1.     That the Office of the Chairman of the Economic and Financial Crimes Commission (EFCC) is not vacant.

 

2.     That if you come to the assailable conclusion that it is vacant, Chief (Mrs) Farida Waziri lacks both moral and constitutional authority to be the Chairman of the Economic and Financial Crimes Commission (EFCC).

  

ABSENCE OF VACANCY OF

THE CHAIRMAN OF ECONOMIC AND

FINANCIAL CRIMES COMMISSION (EFCC).

 

(a) Appointment of the Chairman of EFCC

 

Section 2(3) of the Economic and Financial Crimes Commission (EFCC) Act No. 1 of 2004 provides as follows:

 

“(3) The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation of the Senate”

 

Mallam Nuhu Ribadu was appointed the Chairman of the Economic and Financial Crimes Commission (EFCC) and his appointment was confirmed by the Senate. 

 

After the expiration of his four (4) year term, Mallam Nuhu Ribadu was re-appointed in April 2007 for another four years by virtue of Section 3(1) of the Economic and Financial Crimes Commission (EFCC) Act, which provides as follows:

 

“3(1) The Chairman and members of the Commission other than ex-officio members shall hold office for a period of four years and may be reappointed for a further term of four years and no more.”

 

 

(b) Removal of Chairman of EFCC from Office

 

Section 3(2) of the Economic and Financial Crimes Commission (EFCC) Act No. 1 of 2004 provides thus:

 

“3(2) A member of the Commission may at any 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 the interest of the public that the member should continue in office.”

 

Mallam Nuhu Ribadu is the current Chairman of the Economic and Financial Crimes Commission (EFCC) and he has not been formally removed as Chairman of the Commission by the President in accordance with the enabling statute.  Consequently, by the Economic and Financial Crimes Commission (EFCC) Act, the Office of the Chairman is not vacant.

 

What then is the effect of Mallam Nuhu Ribadu’s

 posting to National Institute for Policy and

Strategic Studies (NIPSS)?

 

The National Institute for Policy and Strategic Studies is set up by an Act i.e. National Institute for Policy and Strategic Studies Decree No. 20 of 1979 (now Act) contained in Cap. N51 Laws of Federation of Nigeria, 2004.

 

The directive or order for Mallam Nuhu Ribadu to proceed to National Institute for Policy and Strategic Studies cannot be taken as his removal from office as Chairman of the Economic and Financial Crimes Commission (EFCC).  Whether the order that he should go to N.I.P.S.S. was made by the President or the Inspector-General of Police cannot be substituted with the clear provision of Section 3(2) of the Economic and Financial Crimes Commission (EFCC) Act.  In any event, the training arrangement/Instruction/Directive/Order either by the President or by the Inspector-General of Police cannot be tantamount to the removal of Mallam Nuhu Ribadu from office.

 

The Inspector-General of Police has no right to order Mallam Nuhu Ribadu to go on a course in the NIPSS because Nuhu Ribadu, after confirmation of the Senate, has become a special public officer enjoying statutory protection brought about by the confirmation of the Senate in accordance with the Economic and Financial Crimes Commission (EFCC) Act.

 

Importantly, Mallam Nuhu Ribadu was no longer under the command and control of the Inspector-General of Police who is a member of the Commission with Mallam Nuhu Ribadu as the Chairman in accordance with Section 2 of the Economic and Financial Crimes Commission (EFCC) Act.

 

I can liken the Mallam Nuhu Ribadu Situation with a Commissioner of Police who has not retired and who is nominated as a minister by Mr. President.  Once his appointment is confirmed by the Senate under Section 147(2) of the Constitution of the Federal Republic of Nigeria, 1999, can the Inspector-General of Police remove him from ministerial duties to go to NIPSS for one year?  The obvious answer is NO.  Mallam Nuhu Ribadu is in the same position.  His appointment has been previously confirmed by the Senate.  How can the Inspector-General of Police override the Senate confirmation?  It will be against the tenets of the Economic and Financial Crimes Commission Act and the spirit and intendment of the confirmation power of the Senate.

 

 

The moral incapacity of

Chief (Mrs) Farida Waziri

to be confirmed as the Chairman

 

 

In the unlikely event that the Senate comes to the remote conclusion that the Office of the Chairman of Economic and Financial Crimes Commission (EFCC) is vacant, I make bold to say that the nominee of Mr. President, Chief (Mrs) Farida Waziri, has no moral capacity to head the Economic and Financial Crimes Commission (EFCC) on the following grounds:

 

        Although Section 2(1)(a)(ii) of the Economic and Financial Crimes Commission (EFCC) Act allows a serving or retired officer not below the rank of Assistant Commissioner of Police or equivalent to be appointed as Chairman of Economic and Financial Crimes Commission (EFCC), Chief (Mrs) Farida Waziri cannot be appointed and confirmed as such, because she has acted at least in one instance in a way which, if appointed the chairperson of the Commission, it will bring her in conflict with the Code of Conduct for Public Officers enshrined in Part I, Paragraph I in the 5th Schedule of the Constitution of the Federal Republic of Nigeria, 1999.

 

Poser:    Which Singular Act?

 

(a)        Senator George Akume a former Governor of Benue State and now a current Senator of the Federal Republic of Nigeria since 2007 was under serious investigation of the Economic and Financial Crimes Commission (EFCC) for alleged acts of corruption.  His International Passport No: A0086687 issued on 10th February, 1999 was seized by the Economic and Financial Crimes Commission (EFCC) in the course of investigation while serving as a senator.

 

(b)   On 8th November, 2007, Chief (Mrs) Farida Waziri as surety to Senator George Akume, an Economic and Financial Crimes Commission (EFCC) suspect under investigation, collected Senator George Akume’s International Passport No; A0086687 which was earlier seized by the Economic and Financial Crimes Commission (EFCC) to prevent Senator George Akume from travelling out of the country.

 

        Obviously, this act by Chief (Mrs) Farida Waziri really showed some sort of “relationship” between Senator George Akume and Chief (Mrs) Farida Waziri.  It also shows some personal interest that Chief (Mrs) Farida Waziri has in the investigation of Senator George Akume by the Economic and Financial Crimes Commission (EFCC).

 

 

EFFECT OF CHIEF (MRS) FARIDA WAZIRI’S ACT

ON THE CODE OF CONDUCT FOR PUBLIC OFFICERS

IN THE CONSTITUTION

 

If Chief (Mrs) Farida Waziri is confirmed as the chairperson of Economic and Financial Crimes Commission (EFCC), what she did on the 8th day of November 2007 in respect of Senator George Akume is clearly in conflict with Part I, Paragraph I in the 5th Schedule of the Constitution of the Federal Republic of Nigeria, 1999, which provides that:

 

“1.   A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.”

 

The moment Chief (Mrs) Farida Waziri is confirmed as Chairperson of the Economic and Financial Crimes Commission (EFCC), her duties and responsibilities as Chairman of the Commission will bring her in conflict with the interest generated in Senator George Akume’s investigation for corruption which will affect her decision to charge Senator George Akume to court for prosecution or not.

 

If I may ask the question – Is there every likelihood that this interest may lead the Economic and Financial Crimes Commission (EFCC) to compromise the Senator George Akume investigation thereby tainting the moral and statutory authority she may have as the Chairman of Economic and Financial Crimes Commission (EFCC)?  The obvious answer is YES.  It is equally obvious that when it comes to the confirmation process on the floor of the Senate, it will be unnatural for Senator George Akume not to vote for the confirmation of his benefactor.

 

 

THE MESSY SITUATION OF

THE CONFIRMATION PROCESS OF

CHIEF (MRS) FARIDA WAZIRI

 

At the moment, the following Senators are facing criminal prosecution for corruption in the law courts in Nigeria:

 

1. Senator (Dr) (Mrs) Iyabo Obasanjo-Bello

2. Senator (Dr) Chimaroke Nnamani

3. Senator Saminu Turaki

 

Also, some Senators are under investigation of the Economic and Financial Crimes Commission (EFCC) for corruption.  They are:

 

1. Senator Ahmed Yerima

2. Senator Ahmed Makarfi

3. Senator Adamu Alero

 

Definitely, these Senators will vote in the confirmation process.  It is most unlikely and indeed unnatural that they will vote against Chief (Mrs) Farida Waziri.  The ideal situation would have been that if a senator is under a cloud of criminal prosecution, he should be suspended from the Senate until the end of the prosecution.  However, it is not the case in our National Assembly. 

 

In view of this situation, I strongly plead with the Senate that those under the cloud of investigation and criminal prosecution should excuse themselves from the confirmation process of Chief (Mrs) Farida Waziri.

 

In summary:

 

(a)    If the phrase “the Rule of Law” is to have any meaning, the Senate must ensure that the law made by it i.e. the Economic and Financial Crimes Commission (EFCC) Act is strictly complied with and since the Chairman of Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu has not been removed in accordance with that Act, there is no vacancy in his office.  Consequently, the nomination of Chief (Mrs) Farida Waziri should be returned to the President as a violation of the Rule of Law contained in the Economic and Financial Crimes Commission (EFCC) Act.

 

(b)   In view of what she did on the 8th day of November 2007 as surety for Senator George Akume by retrieving Akume’s International Passport No. A0086687 from the Economic and Financial Crimes Commission (EFCC) in consonance with the suretyship, Chief (Mrs) Farida Waziri has removed her moral competence to head the Economic and Financial Crimes Commission (EFCC) as there is a likely conflict with the Code of Conduct for Public Officers contained in Part I, Paragraph I in the 5th Schedule of the Constitution, if she is confirmed.

 

(c)    In consonance with one of the national ethics of the country contained in Section 23 of the Constitution of the Federal Republic of Nigeria, 1999, those in the Senate who are under investigation or prosecution for corruption should excuse themselves on ground of integrity until after the confirmation process of Chief (Mrs) Farida Waziri.

 

 

CONCLUSION

 

I pray that the Senate will think fast and uphold the sacrosanct Constitution of the Federal Republic of Nigeria.

 

I personally beseech you as the President of the Senate of the Federal Republic of Nigeria to think far and fast so that the Constitution and the Laws (Acts) which the Senate promulgated will not be subjected to palpable ridicule thereby undermining your own authority.

 

With highest regards.

 

Yours sincerely,

 

 

 

CHIEF GANI FAWEHINMI, LLD, SAN

 

cc:

1.       Clerk of the National Assembly, Abuja

 

2.       Clerk of the Senate, National Assembly, Abuja

 

 

N.B.:

I have decided to make this letter an Open one in view of the constitutional authority vested in the media by Section 22 of the Constitution of the Federal Republic of Nigeria, 1999, which provides as follows:

 

“22.   The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the Government to the people.”
 

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