FARIDA WAZIRI: GANI WRITES YAR'ADUA AN OPEN LETTER

Last View on Mon 2nd June, 2008
Last Modified on Sun 01st June, 2008 11:36:39 pm
Author: Posted by Admin Sahara
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:


http://www.saharareporters.com/www/news/detail/?id=617

Without even going to the merits of suitability of Mrs Waziri standing or fitness for office, Gani fawehinmi has make the case abundantly clear that there is no vacancy for the chairmanship of the EFCC.

I, with well meaning other Nigerians knows that we are being mislead and 'attention diversion' when Yar A'dull through the IGP in conspiracy with AGF Mike Aodonkaa asked RIBADU to go on useless course to KURU.

The President has to state categorically that RIBADU has been removed and the reason. I listened to the President during his 1 year anniversary interview on democracy day trying to explain that EFCC should not be about RIBADU but about the system which we all agree to some extent.

let me tell you Nigerians, That man Yar A'dull will be a liar like his boss OBJ. He had deceived Nigerians to remove RIBADU and trying in appointing another person. If Ribadu has not meet the requirement of the constitutional provision or he has done anything wrong the country has a right to know.

Even the lady Journalist IJEOMA even subtly suggested to Yar A'dull at the interview that you need a strong leader to mould the system.

There is a constitutional provision which the President keep shouting about Due process and Rule of law which betwen him and the two most senior law officer the AGF and IGP has not follow.

The vast majority of Nigerians believed that RIBADU was sent to KURU on a false pretence to remove him, barely 6 months we have been proved right. You can fool most people most times but not all the times.

RIBADU removal is unconstitutional and so will be attempt by the Senate to ratify the new appointment. The President though his spokesman should make a statement that RIBADU has been removed for any of the reason stated in the constitution.

We all know that they are waiting for the heat to die down before their next move.

I have never trusted a supposed 'honest' man who promised during campaign that he will declare emergency on power sector within 100 days and well over 365 days he has not done so.

It is either he is lieing or incompetent or does not know the meaning of emergency or a combination of the three.

YAR A'DULL you owe Nigerians a better expalantion why we should believe you when you say Good morning. Because we would need to be sure that it is infact Morning indeed.

why gani dey worry himself with naija wahala? na all these ones dey make am sick. the guy suppose just relax.

I want to speak in the words of Chief Obafemi Awolowo, who once said and i quote. "I do fervently and will continue fervently to pray that I may be proved wrong, but somthing within me tells me loud and clear that we have embarked on a fruitless search. At the end of the day when we imagine the new order is here, we will be terribly disappointed." I have always been saying and i will continue to say that Yaradua is a great pretender and a tribalist. He does not have anything to offer Nigerians. He is only playing to the gallery. Sooner or later we shall see, just watch out. I only hope he will not turn Obasanjo into a saint.

President Yar Adua is only playing to the dictates of his godfathers.Their main purpose is to demise EFCC and bring ICPC to her death.
The civil society have no voice any more in the governance of the day.what a democracy ?
A lot of the senators are having corruption cases in court and yet they are still called "the law makers".I fear for the nation.

Sufer head just really start