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Old 28th Dec 2007, 12:27
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Tokunbo
 
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Corruption Set to Win the Battle in Nigeria

At present James Onanefe Ibori, former governor of Nigeria's Delta State is in prison on charges of stealing, money laundering and fraud. It's estimated that while in office, Obori managed to steal more than $US 1 billion! There are 129 charges against the former governor, but he has powerful allies, amongst them President Umaru Yar'Adua. He is now sending out a not-very subtle message to the world that he is preparing to give up his support for the fight against corruption and protect the source of the stolen funds which helped to rig the election which brought him to power. How very unusual - a corrupt Nigerian politician . He seems to have finally given in to pressure from mega-crook Ibori to get rid of the very effective Nuhu Ribadu, the Chairman of the Economic Fraud and Crimes Commission (EFCC) and send him on one year's study leave, despite pressure from the US government. Ribadu as an Assistant Inspector General of Police and is expected to be replaced with another police officer, Solomon Arase known to be a close associate of James Ibori, and a former aide to the disgraced Police Chief, Tafa Balogun. The Inspector General of Police, Mike Okiro is an appointee of James Ibori. He was appointed in May 2007 by-passing a more senior DIG, Onovo to clinch the position. The EFCC arrested James Ibori two weeks ago and charged him before a Federal High Court in Kaduna for corruption and abuse of office. He was charged with 129 offences. James Ibori was denied bail last week and remanded in Kaduna Prison. Sources in Nigeria say that he now runs the Police force from Kaduna Prison

Political Elites gain upper hand over EFCC

The things that people sneak out in the holiday season....... If its between Christmas and New Year you can guarantee this will be when government will try and announce that it lost £10 billion because a junior clerk invested all the Home Office’s spare cash in sub prime mortgages. Or this will be when MPs try to sneak through a pay rise for themselves.

Nigeria ’s Christmas season could have disastrous consequences for the struggle against corruption and the credibility of the Y’Adua administration. As you read this narrative, last ditch discussions are probably continuing to see if pressure can prevent Economic and Financial Crimes Commission (EFCC) boss, Nuhu Ribadu, from being sent on extended ‘study leave’. His replacement is rumoured to be a direct associate of former Delta State Governor, James Ibori, who was detained last week on corruption charges.

As struggles for supremacy go, there has never been much subtlety to the battle between the EFCC and politicians in Nigeria who are the targets of investigations . Last Christmas Ribadu arrested associates of former Rivers State Governor, Peter Odili, just as he was closing out his campaign for the (Vice) Presidency of the country. This year Ribadu arrested Delta State Governor, James Ibori, the day that Y’Adua was flying to Washington to meet George Bush for the first time. Ibori was widely known to have provided substantial and probably massive funds to Y’Adua’s presidential election campaign which many had assumed would make him immune from prosecution.

Occasional followers of Nigeria may wonder how much difference one person makes in a sea of corruption as they often miss the uneven and dramatic struggle that he has come to personify. The EFCC was created in 2003 with Ribadu- a middle ranking police officer - selected to lead the body and it has been a controversial thorn in the side of corrupt officials ever since. In March 2005, after just two years on the job, Ribadu presented a dossier to President Obasanjo which led to the sacking and jailing of the Inspector General of Police. It would probably be the equivalent of a Yorkshire Police Chief being plucked from obscurity to sack the head of the Metropolitan Police.

Since then the EFCC’s progress against corruption has been a mixed bag in terms of results but an under-rated whirlwind in terms of political message. The biggest centres of corruption have often had constitutionally granted immunity while in office and others can rely on political friends and a very dubious court system. Successful prosecutions were few and far between and even the former IG of police only bagged 2 years of ‘time served’ when he was convicted of massive and systematic corruption. This year was not a glorious one for the EFCC as President Obasanjo was accused of using the EFCC to harass political opponents while it was obvious the EFCC did not have clearance to move on political friends.


Incoming President Y’Adua is hardly in an enviable position. Ibori is widely believed to have paid for key parts of his election campaign with funds which could only have come from his state government coffers. His arrest will be seen as more than ingratitude by political elites who are used to getting value for money from corrupt investments. There will be many who assume that the Presidency cannot survive a full disclosure of what Ibori has done with his state’s funds in the past 12 months.

Despite denting its image the EFCC retained its growing reputation as the only thing which would deter corrupt politicians from unlimited excesses. The EFCC has become code for accountability in Nigeria – and nowhere more so than in the Niger Delta. Perhaps most significant has been the persistent complaint against the EFCC that key politicians such as Ibori and Odili were always going to be untouchable. This became even more controversial in recent months as the Attorney General made his affiliations clear by dragging his feet at every opportunity over EFCC prosecutions and even moving to whittle back the influence of the body.

The key change which has come in late 2007- and which may have contributed to fear of the EFCC in Abuja- is that the court system has slowly begun to waken from its slumber and make its own politically courageous decisions. In March the Supreme Court faced down President Obasanjo and the PDP over efforts to exclude candidates for the election and in November they threw out the Rivers State Governor on the grounds that his candidature was an illegal shambles. The combination of the EFCC and a reviving court system was set to become the story of 2008 and possibly the first real time that corrupt elites could fear some loss of control over their destiny.

The United Kingdom, Canada, and the EU have invested heavily in the EFCC and Ribadu providing both financial and political support. Governors accused of money laundering have been arrested in the UK while still enjoying immunity in Nigeria and international assistance in tracking corruption has clearly been important to the EFCC’s success. James Ibori already faces money laundering charges in the UK and in one sense Ribadu’s removal may well be blowback from pressure on Nigeria to prosecute Ibori.

A good deal of the international strategy and hope for Nigeria lies around the assumption that the EFCC will be able to continue doing its job- something which now looks like it will be determined for better or worse in the next week.

In the Niger Delta Ribadu has achieved almost legendary status which has counter-balanced a general scepticism about the credibility of government. The removal of Ribadu at the same time that dialogue efforts with government have collapsed does not bode well for how communities and militants alike will assess the attitude of the new government.

If Ribadu’s transfer stands they will conclude that corrupt defenders of the status quo have restored their grip on the political system. There will be no reason for trust and little reason for conventional negotiation. Those advancing arguments against armed struggle will have a much harder time making their case and militancy in the region may well assume a much broader appeal if the EFCC withers under a new more pliable leadership.

There is an obvious choice for the international community – on whether it banks on existing elites to deliver stability (and oil) or whether it recognises that corruption is now a leading driver of instability and their support for the EFCC remains their best investment in decades.

Defenders of the EFCC and Ribadu may still have an opportunity to reverse yesterday’s announcement. President Y’Adua’s administration has responded more than once already to diplomatic and public pressure against the watering down of the EFCC. The reversal of Ribadu;s removal will be more difficult. Observers at profligate corruption trackers Sahara reporters have noted that technically it may not be strictly legal to redeploy Ribadu mid way through his second four year term- it appears he can be sacked but possibly not involuntarily transferred.

If Ribadu’s job is rescued – and it is a big IF- there could be a significant upside for Nigeria. Presently public pressure appears to be building against corruption and success in protecting the EFCC would mark an interesting change in the relationship between elites and the emerging ‘angry middle classes’ who seem interested in reclaiming their country. Whether the international community can translate its support for governance in Nigeria into real pressure will also be an interesting test of resolve..

Most crucially, this week will also show whether diplomats, civil society groups, and the public are sufficiently motivated and organised to save their favourite institution or whether a political mugging over Christmas can be achieved while everyone is sipping Brandy and mulled wine.
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