Yahaya Bello: Should we prosecute ex-governments?

I followed the drama of unimaginable scenes that unfolded in Abuja last week when the Economic and Financial Crimes Commission (EFCC) arrested and charged the former Governor of Kogi State, Alhaji Yahaya Bello, for alleged mismanagement of funds. I called it a drama of unimaginable scenes because the EFCC had besieged the house very early in the day knowing that the target, the ‘White Lion of Kogi State’ was somewhere in the compound. But before the eyes of the EFCC operatives, the man they had been waiting all day to capture, effortlessly slipped from their hands. They alleged that he was saved by his cousin, the incumbent governor of the state, Usman Ododo, who is protected by constitutional immunity. But the EFCC lawyers are said to argue that Section 12 of the Criminal Justice Administration Act (ACJA) gives the body the power to break into houses to effect arrests. Maybe that’s a story for another day. But it was surprising that they didn’t think of that option. Bello is said to have remained at the Lokoja Government House since there were indications that the EFCC was on his tail. So the easiest thing for the Kogi governor to do was to drive into the troubled house and then fish out a troubled cousin.

The Yahaya Bello saga is just the latest drama between the EFCC and former governors. Some time ago we witnessed the Ayo Fayose drama. The former governor of Ekiti State, who the EFCC failed to arrest while in office, caused drama when he arrived at the EFCC office wearing a branded ‘T’ shirt with the inscription: “EFCC I” mhere.” Some of his loyalists helped him with things he needed during the EFCC detention. We have also witnessed the Willie Obiano saga. The former governor of Anambra State was accused of embezzling state funds and has since been taken to court. Immediately after handing over power in Awka, the man planned to leave the country but had to be stopped when EFCC operatives grabbed him at that exit point. We also witnessed the back and forth between former Governor AbdulazizYari of Zamfara State and the EFCC. The commission had accused Yari of mismanaging billions of Naira and proceeded to file charges against him. There were accusations and counter-accusations until Yari ended up in the Senate and things went quiet. The drama between the former Governor of Imo State, RochasOkorocha was interesting while it lasted. The committee had besieged the house and eventually entered through the roof. A terrified Okorocha and his household were seen praying fervently for God’s intervention as officers jumped in to seize their suspect.

The list I have above is by no means exhaustive of the dramatic exchanges between the EFCC and some former governors who have been accused of one financial crime or the other in recent years. However, all cases have one thing in common: after the first bubbles, the whole thing dies away like the retreating waves. Virtually nothing is heard about the cases as the breakneck speed of the country’s justice system takes over. Year after year it is one order or the other. Many of the suspects sought elective posts and won, many others took appointments and the law cannot stop them from using the benefits of the allegedly looted resources to gain advantage as our laws presume that individuals are innocent until their guilt is proven. The books of the EFCC and the Independent Corrupt Practices and Other Related Offenses Commission (ICPCC) are full of such individuals who have allegations of hundreds of billions of Naira hanging on their necks. Many of them are currently busy swinging the official chairs in government buildings. God forbid that one of them should one day gain control of the nation’s presidency!

To prevent such a frightening development, I think we need an antidote to these endless anti-corruption processes. The endless process is not only a drain on Lady Justice’s energy, it is also creating a gaping hole in the state’s resources. Imagine the legal costs the state incurs as it moves different cases through the different courts. It is also possible that some suspects, innocent of the charge, may die during the trial, thus carrying an unnecessary burden of guilt (at least in the eyes of the public) in their graves. The late Governor of Oyo State, Otunba Adebayo Alao-Akala, won his case against the EFCC after 13 years. He died not long after the ‘not guilty’ verdict was handed down. Former Senate President Adolphus Wabara was also in the budget bribery case against him for more than a decade. Luckily, he lived to receive his ‘not guilty’ verdict. Some may not be so lucky.

To stem this tide of seemingly endless trials of politically exposed persons, I would like to propose amendments to the EFCC and ICPC laws to give great weight to thorough and discreet investigations into financial crimes rather than the results of the investigations in court to dump, according to the suspects. must be summoned and traces of the illegally stolen funds and their destination must be shown. If the suspect is willing to return at least two-thirds of the stolen money to the government treasury, the concerned agency, under the supervision of a competent court, can sign an irrevocable confidentiality agreement and collect the money in a special basket. created for this purpose and which will be used for infrastructural development. Such an agreement must also take into account any potential desire for grandeur on the part of any politician who might one day take the stage and claim never to have been charged with financial crimes. While the government would not waste time and resources prosecuting him or her, he should also be barred from active politics and playing godfather roles. If we do this, we will not only save time and resources, but also get a significant portion of the looted funds back into the public purse for development purposes.

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