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The dilemma in EFCC, Yaya Bello’s case

By Afolabi Aribigbola

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The current drama in EFCC versus Alhaji Yahaya Bello imbroglio revealed again the nuances and quandary in handling high profile cases as well as in implementing essential public policies in Nigeria. Indeed, the public has been inundated and treated with dramas in the attempt of the EFCC to arrest and prosecute the immediate past Governor of Kogi State, Alhaji Yahaya Bello in connection to his allege official corruption involving a staggering huge sum of N80.2 billion while he presided over the affairs of the confluence state as his Chief Executive for consecutive two terms of four years each. Since then, Nigerians has been treated to accusations and counter accusations from both parties and their supporters.

 The dilemma arose from the struggle of EFCC to discharge its statutory responsibility of arresting and prosecuting the erstwhile Governor for alleged misappropriation of public funds while in office to the satisfaction of the people while at the same time trying to please a segment of the public that had taken EFCC up about their approach or strategies which they considered unsatisfactory, an infringement on Yahaya Bello’s rights. Of course, one will recollect that EFCC has been heavily criticised by many Nigerians for being ineffectiveness and for their inability to handle high profile corruption cases diligently especially those that involved high political office holders including governors, members of the National Assembly and Ministers.

Ordinarily, Nigerians should be commending, eulogizing and supporting the EFCC for their recent renewed efforts and actions in clamping down on the perpetrators of the cankerworm of official corruption in the country. Instead, some individuals hanging on the toga of rule of law and other primordial sentiments to which the rulers and exploiters of the national wealth of the country have effectively utilised in the past to escape justice and hence the increases in official corruption in the country. It was really a sad commentary to see the Chairman EFCC sweating and struggling to inform and convinced Nigerians on why they had to take the action, they took to ensure Yahaya Bello answers to his alleged infractions as required.

 He informed Nigerians of the several efforts since the case began in 2021 to invite Alhaji Yaya Bello to come and present his case unsuccessfully in their office as the practice and according to law. Most of the people defending Yahaya Bello have not deemed it fit to question the rationale behind his refusal to honour the antigraft agency. Unsurprisingly, they have followed the Nigerian ways to support allege official corruption. We were informed that besides demonstrations by some disgruntled youths in support of the former Governor, some social groups and lawyers numbering about 500 demonstrated against the EFCC and in tacit support of Yaya Bello’s refusal to honour EFCC invitation and arraignment in the court as required.

The EFCC in their resolve to actualize the arrest and prosecution of Yahaya Bello faced a serious dilemma. On one hand, the agency is seriously struggling to convince and satisfy the public to justify their existence by seeking by all means to arrest and prosecute the former Kogi State Governor, while at the same time trying to follow the laws of the land in the face of refusal of the latter to cooperate by submitting himself for investigations.

Unfortunately, members of the public who have been critising the organization for poor performance and selective prosecution of economic and financial crimes perpetrators are now vociferously against the commission. It is an irony of event that youths that suffer the most from misgovernance, mismanagement and misappropriation of state funds who in the past were in the fore front challenging poor governance, who should be happy that afterall those creating the economic woos of the country are being asked to account for their misdeeds now found it expedient to come out to demonstrate against the EFCC and in support of the former Governor that refused to come out to account for his stewardships in Kogi State.

Some other individuals including right activists even joins the despicable act of castigating the EFCC for daring to arrest and prosecute Mr. Bello as if that is not their primary responsibility. Wherein lies the strength and support that the EFCC requires to discharge their onerous delicate but indispensable task of ridding the country of humongous corruption that have given it a bad name. This unhealthy, unbecoming retrogressive and nauseating development has serious implications. In the first instance, it may discourage and dampen the morale of the agency to go after criminal elements in the country. Operatives of the Commission may begin to question the rationale for fighting criminal for a society that don’t appreciate their efforts, commitments and services.

Also, it will suggest that economic and financial crime perpetrators could also devise means both legal and extra-legal to evade justice thereby propelling more people to indulge in fraudulent practices because they can also escape punishment. This will be a repugnant development that would further encourage more criminal and fraudulent activities in the country that has been rated as one of the most corrupt nations of the world. I am pretty sure this is not desirable or good for a country struggling to redeem its bad image from fraudulent activities of her citizens locally and internationally. However, this is not to suggest or allude to the fact that the former Alhaji Yahaya Bello is guilt but to warn of the consequences of manipulating the system to his advantage as is currently the case as he has failed to come out to defend himself as expected.

Moreso, I have listen and read the submission of many people including lawyers supporting the action of the former Governor for not honouring or submitting himself for investigation and prosecution as required. If the case  had involved a poor Nigerian who is not priviledged to amass wealth, hire lawyers and protesters, will he have the temerity to decline EFCC invitation and be supported by these elements in the polity?  It is a case of some Nigerians are more equal than the others or different laws for different Nigerians based on their status.

From the above, it is therefore necessary not to put our antigraft agencies into defensive position if the country sincerely want them to deliver on this very important task of fighting corruption that has made the country a laughing stock among nations. Instead of Nigerians creating bottlenecks or crisis that will derail or detract EFCC from accomplishing its assignment, they deserve the support and encouragement of all Nigerians so that they can do more. People like Yahaya Bello that have been accused of infractions should not be afraid if he is truly innocent. In the US for instance, former President Donald Trump is currently facing trial, he did not hide neither did his lawyers adduced justificatory arguments and actions to prevent his investigations and trial in court. Why is the Nigerian case always different from acceptable norm and practices.

In Nigeria most of the times, the rich and the affluence escape justice on technical ground while it is only the poor that are punished for their offences.  This is not to suggest that the overzealous actions and excesses of security agencies including EFCC should not be challenged but in doing so the national interest of ridding the country of bad conduct and infraction should be sacrosanct  or allowed to suffer for personal gains. It is time all Nigerians support EFCC to rid the country of financial and economic crimes destroying the economic development and ridiculing the country globally.

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