EFCC, ICPC RECOVERS N600 BILLION STOLEN FUNDS

The Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission announced on Monday that they had recovered over N600bn of stolen money from individuals.

While the EFCC said it had recovered more than $5bn, the ICPC said it had recovered about N13bn from 'systems study' and corruption prevention exercise by the commission as well as unremitted tax revenue from public sector agencies.

Both commissions made the disclosure during a joint strategy retreat for anti-corruption agencies, including the Code of Conduct Bureau organised by the Coalitions 4 Change, in Abuja.

The EFCC Chief of Staff, Mr. Dapo Olorunyomi, who represented the Acting Chairman of the commission, Mr. Ibrahim Lamorde, noted that those calling for the merger of the EFCC and the ICPC were ignorant of the distinct roles of both organisations.

"Corruption is a dynamic phenomenon and usually manifests itself through diverse formations. It operates through a network mechanism. What the country needs, therefore, is an efficient synergy of anti-corruption organisations to effectively combat corruption," he said.

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Olorunyomi said the task of the EFCC was to understand the operations of corruption networks and to device internal strategies to check them.

"If one must check the menace of corruption in our system, one must really understand the dynamics of the corruption, and the EFCC has worked overtime to remain ahead of corrupt individuals in our society," he said.

The chief of staff revealed that the commission had made about 213 convictions, most of them high profile. It is also prosecuting over 1,000 cases of economic corruption and money laundering in several courts in the country.

Olorunyomi, however, noted that for a country with high level corruption, the rate of 213 (EFCC) and 12 (ICPC) convictions was pathetic.

He added that the EFCC had established a Special Control Unit Against Money Laundering, and was collaborating with the Ministry of Commerce and Industry to check new methods of corruption through trade and export activities.

"Most of these people have been found to hide their loot not necessarily in banks, neither do they try to launder money through banks, insurance companies or the stock market, but they buy houses and jewelleries and cars, which they trade over time for more profit," he added.

The ICPC Head of Department of Education, Mrs. Rasheedat Okoduwa, said that the commission was prosecuting about 148 criminal cases involving 284 persons in courts.

She noted that over N5bn recovered by the commission was from government ministries, department and agencies during the review of personnel cost profile by the ICPC.

She said, "More than N3bn was also recovered by the ICPC officials from the Universal Basic Education Commission during the review exercise of the commission's utilisation of appropriated funds."

Okoduwa explained that the low rate of convictions from the ICPC was as a result of the challenges faced by the commission and its insistence on operating by the rule of law.

"The ICPC has made it a point of duty to apply all available legal means to rid Nigeria of all forms of corruption and thus promote transparency, probity, accountability and integrity in the public and private life of Nigerians," she said.

Meanwhile, the Federal High Court sitting in Kaduna on Monday restrained the Federal Government from inviting foreign judicial officials into the country to take evidence from witnesses over money allegedly looted by the late head of state, Gen. Sani Abacha.

Justice Mohammed Lawal Shuaibu gave the order while ruling on an originating summons jointly brought against the Attorney- General and Minister of Justice, Mr. Mike Oandoakaa; the Inspector General of Police, Mr. Mike Okiro; the Chairman of the Special Investigation Panel; a Deputy Commissioner of Police Mr. P.Y. Gana, the National Security Adviser; and Magistrate, Sonja Nachbaur; by the two sons of the late military ruler, Alhaji Mohammed Abacha and Alhaji Abba Sani Abacha.

The plaintiffs claimed that the Federal Government had invited foreign judicial officers to sit at the Office of the National Security Adviser to take evidence from witnesses between Tuesday and Wednesday "in respect of the forfeiture proceedings in Liechtenstein against the family of the late Gen. Abacha" despite an earlier ruling by Justice G.A Jinadu in August 2000 against such moves.

Jinadu had said, "I must express my disgust and say that it is a shame and an affront on the territorial integrity of this nation for a Swiss judicial officials to be invited to this country to try a Nigerian citizen for an offence allegedly committed under Swiss Law on our territory at the Kirikiri Maximum Prison which is not even an open Court."

However, in the suit filed on behalf of the plaintiffs by their counsel, Mr. Reuben Atobo, they urged the court to determine five questions.

The plaintiffs also argued that Nachbaur, being a foreigner, was not competent to exercise judicial function in Nigeria in respect of criminal proceedings in Liechtenstein against the members of the family of the late Abacha. He added that this was against the principle of international law.

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Other reliefs sought by the plaintiffs include: A declaration that a national of Liechtenstein and judicial official is not permitted within the contemplation of the 1999 constitution to conduct Liechtenstin criminal proceedings against the family of late Gen. Abacha at the office of the NSA, at Three Arms Zone, Abuja.

- A declaration that the consent granted by the AGF to conduct Liechtenstein Criminal Proceedings at the office of the NSA, in Abuja, or elsewhere in Nigeria for the purpose of forfeiture proceedings against the family of late Gen. Sani Abacha in respect of alleged financial impropriety or misdeeds, contrary to Liechtenstein Criminal Law is a breach of the 1999 Constitution of the Federal Republic of Nigeria, and therefore, it is unconstitutional, illegal, null and void.

- A declaration that the issuance of witness summons and letters to Alhaji Bashir Dalhatu, Alhaji Alhaji Abdul Azeez Arisekola, Alhaji Abubakar etc to come and testify at the office of the NSA, Three Arms Zone, Abuja, in respect of the Criminal Proceedings at Princely Court against Abacha family is ultra vires the powers of the 2nd and 3rd Defendants.

- An order setting aside the purported letters of invitation issued by the 2nd and 3rd Defendants to Alhaji Bashir Dalhatu, Alhaji Abdul Azeez Arisekola, Alhaji Abubakar Alhaji etc in respect of Criminal Proceedings against Abacha family to come and testify on the 12th day of March 2008 at the office of the NSA Abuja as same is ultra vires the powers of the 2nd and 3rd defendants.

- An order restraining the Defendants, their agents, privies and or servants from conducting Criminal Proceedings in respect of the forfeiture proceedings against the family of late General Sani Abacha at the office of the NSA, Three Arms Zone, Abuja or anywhere as same is contrary to the provisions of the 1999 Constitution of the Federal Republic of Nigeria.

- An order of perpetual injunction restraining the Defendants their agents privies, servants and whomsoever from taking evidence from witnesses (i.e. Alhaji Bashir Mohammed Dalhatu, Alhaji Arisekola, Alhaji Abubakar and any other witness) at the office of the National Security Adviser (NSA) Three Arms Zone Abuja or anywhere within the Federal Republic of Nigeria and;

- An order perpetually restraining Magistrate Sonja Nachbaur, his agents, privies and or servants from exercising Judicial functions in the Federal Republic of Nigeria, particularly in respect of criminal proceedings against Abacha family.

In addition to these reliefs, the plaintiffs also prayed the court to determine whether having regard to section 6 of the 1999 Constitution and the judgment of Justice Jinadu, in suit No: FHC/L/CS/498/2000, a foreign tribunal or court is competent to sit as a court of competent jurisdiction in Nigeria .

The court was also asked to determine whether the Princely Court of Justice, Vaduz, Liechtenstein can sit in the office of the NSA in Nigeria as a court of competent jurisdiction and take evidence from witnesses.

Delivering his ruling on the application, Justice Shuaibu ordered that the foreign judicial officials should not sit at the NSA's office until the determination of the motion on notice.

He also gave counsel to both the Federal Government and the plaintiff three days to file their written addresses to be adopted on March 19, 2008.

The Counsel to the Federal Government, Mr. Daniel Enwelum, however, gave an undertaking that his client would comply with the court's ruling.

 

PUNCH