NIGERIA'S EFCC ) THE TEMPLE OF JANUS

C O N F I D E N T I A L ABUJA 002524

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/25/2016
TAGS: EFIN KCRM SNAR PHUM PINR NI
SUBJECT: NIGERIA'S EFCC ) THE TEMPLE OF JANUS


Classified By: AMBASSADOR JOHN CAMPBELL FOR REASON 1.4 a, b, and d


1. (SBU) Summary: Despite initial skepticism due to little
action at its inception with the Economic and Financial
Crimes Commission (EFCC) Act of 2002, under the leadership of
Assistant Police Commissioner Nuhu Ribadu, the EFCC
established itself as a potent actor in President Obasanjo's
war on corruption. The commission has acted heavy-handedly,
however, often without regard for Nigeria's laws or civil
rights protections. The EFCC increasingly has been
criticized for "selective prosecution" and has been accused
of serving the political interests of the president by
focusing on his opponents. Vice President Atiku abubakar,s
supporters regularly make that accusation in the context of
his feud with the President. In the last year, the EFCC has
taken a more direct role in Nigeria's political life. Ribadu
has challenged virtually all of Nigeria's politicians and
warned governors the commission would examine their finances
when they left office. He claimed authority to vet all
candidates for the 2007 elections, supported by the far from
independent Independent National Electoral Commission (INEC).
Ribadu announced the EFCC soon would release the names of
those who would be investigated by the commission. Thus far,
however, the EFCC has focused on obvious opponents of
President Obasanjo, mostly those who opposed amending the
constitution to permit a third term for the president.
Recently, Mohammed Babangida, son of former head of state and
possible presidential contender, General Ibrahim Babangida,
was arrested on Aug 11 and held without charge for at least
24 hours beyond the 48 hours allowed by law. Like Rome's
two-faced Janus, Ribadu sees himself as Nigeria's God of
Doors, Gates, Beginnings and Endings through which all
Nigerians must pass. End Summary.

2.(SBU) When the EFCC was established in 2002, there was
considerable skepticism that this was yet another empty
gesture and in its early days the EFCC did little. Chairman
Nuhu Ribadu, however, moved quickly to ensure the EFCC made
its mark as a major law enforcement agency and force to be
reckoned with and Nigerians and the international community
hailed the development as a major step in Nigeria's war on
corruption and financial crimes. Under the Office of the
President, the EFCC benefited from considerable government
largesse. Freed from bureaucratic restraints, the EFCC got
the resources to fight the fraud and money laundering that
contributed to corruption and lawlessness in Nigeria. The
Nigerian Police Force (NPF) and Nigerian Drug Law Enforcement
Agency (NDLEA) were forced to send their best and brightest
officers on detail to the EFCC. Offices were acquired in
Abuja and Lagos and furniture, computers and cars flowed in.
The Special Fraud Unit in the NPF was forced to turn over its
major cases to the EFCC.

3.(SBU) In time, the EFCC chalked up some significant
successes. In September 2005, Ribadu announced the Swiss
government would return to Nigeria $290M stolen by former
Head of State Sani Abacha. He claimed the EFCC had recovered
over $700M from advanced fee (419) fraudsters and others. In
January 2006, Ribadu claimed the Commission had recovered
some "500 billion Naira in cash and property from corrupt
public officials and others," probably referring to the same
recoveries. He said the EFCC had convicted 35 persons. At
that time, the only major government figure prosecuted as a
result of EFCC action was former Inspector General of Police,
Tafa Balogun and he, despite having taken almost 18 billion
Naira, reportedly had negotiated a six month jail sentence.
According to a November 2005 EFCC press release, Balogun
pleaded guilty to 8 of 56 charges and was ordered to pay back
4 million Naira. An old Obasanjo crony, with 67 days time
served, he spent less than 4 more months in prison. Two
months of that was in a hospital for illness.


4. (C) A second EFCC investigation resulted in the arrest of
Bayelsa governor Alamesiya. In the run up to the arrest,
President Obasanjo and the governor reportedly had a heated
discussion in which the President tried to draft the
governor's support for a third term or at the very least end
the governor's alliance with Vice President Atiku. Obasanjo
reportedly warned the governor he would pursue a criminal
case against him if he did not join leagues with the
President. Shortly thereafter he was arrested in London after
Ribadu had visited London and learned of the governor's plans
to travel there. Subsequently, the governor fled back to
Nigeria while on bail; was removed from office; and
rearrested in Nigeria. To remove him from office, the EFCC
illegally detained Bayelsa State Assembly members, and
threatened to open investigations against them if they did
not impeach the governor. A similar scenario is now being
played out against the governor of Plateau state.

5. (SBU) At some point between 2002 and 2005, the EFCC
expanded its role into areas not specified in the 2002 act.
And, contrary to the act, the EFCC has become the exclusive
fiefdom of its Chairman. The EFCC act names two full time
members to the board ) the chairman and a director general,
and several other members: the Governor of the Central Bank
or his representative, a representative not below the rank of
a Director from the Federal Ministries of Foreign Affairs,
Finance and Justice; the Chairman of the NDLEA; the Director
Generals of the National Intelligence Agency and the
Department of State Security Services; the Director General
Securities and Exchange Commission; the Commissioner for
Insurance; the Postmaster General of the Nigerian Postal
Services; the Chairman, Nigerian Communications Commission;
the Comptroller-General, Nigeria Customs Services; the
Comptroller-General, Nigerian Immigration Services; a
representative of the NPF not below the rank of an Assistant
IG of Police and four eminent Nigerians with experience in
finance, banking or accounting. All of the above, including
the Chairman and Director General, are subject to senate
confirmation. Ostensibly there is a director general
managing administration but there is no evidence that any
other officials are involved in the management or supervision
of the EFCC. There is no evidence that anyone but Ribadu
(and ostensibly the president) decides who the EFCC will
investigate.


6. (C) As a law enforcement agency combating financial crime,
the EFCC is better and more effective than other Nigerian law
enforcement agencies. The Financial Intelligence Unit, which
is quasi-independent appears to be doing a reasonable job.
Nonetheless, the EFCC is still afflicted with many of the
same maladies as other Nigerian institutions, including
corruption. As with other agencies, it is often used by the
elite to resolve what should be purely private, civil
matters. While the EFCC may be as good as it gets in Nigeria,
it is worth remembering that Ribadu came from the Nigerian
police and is not without blemish. EFCC agents, much like
police officers, reportedly hire themselves out to local
businesspeople to arrest or threaten those who owe money or
are involved in contract disputes.


7. (C) Perhaps most problematic, however, is Ribadu's
involvement in politics. Beginning with the persecution of
third term opponents, the media and public now widely
perceive the EFCC as a hatchet for the Villa. Ribadu has
challenged virtually all of Nigeria's politicians and warned
governors the commission would examine their finances when
they left office. He claimed authority to vet all candidates
for the 2007 elections, supported by the far from independent
Independent National Electoral Commission (INEC). Ribadu
announced the EFCC soon would release the names of those who
would be investigated by the commission. Though the
President's political opponents often are targets of
investigations, those in his favor face no such scrutiny, or
appear to be able to get nascent investigations quashed.
Hardly a day goes by that one or another of Nigeria's dailies
does not pillory the selective nature of EFCC's attention.
Nearly all the anti-Obasanjo southern governors within the
ruling party have been subjects of EFCC investigations and
have had members of their staff arrested. This has not
happened to the governors that support Obasanjo. Although it
is an open secret that bribes changed hands during the third
term debate, the EFCC appears uninterested in investigating
that matter. In fact, Ribadu said that even with the
eyewitness reports of money changing hands in the bank along
with license plate numbers and description, he needed "more
evidence" from the public before he could investigate.


8. (SBU) The August 11 arrest of Mohammed Babangida, son of
former head of state and possible presidential contender,
General Ibrahim Babangida, was another move in the political
chess game. Further, he was held without charge at least 24
hours longer than the 48 hours allowed under the Nigerian
constitution. The Nigerian Bar Association has chastised the
EFCC for not obeying court orders to release people held in
detention without charge. We know that Vincent Ossai of the
NDLEA, suspected of facilitating drug trafficking was held
for a month without charge.


9. (SBU) There is legislation pending in the national
assembly that would give the EFCC even greater powers,
including the right to search without a warrant. We note
that the current EFCC budget provides for almost as much for
arms and ammunition as it does for vehicles. We also
understand that there are plans to provide EFCC officers side
arms in the near future. While the EFCC does have arrest
authority and a need for arms and ammunition, these
developments would seem to go beyond the remit to deal with
financial crimes.


10. (C) Comment: With its disregard for the procedural
niceties, the EFCC is in danger of corrupting the rule of law
and civil liberties in its fight against financial
corruption. While those in EFCC's sights may be all too
guilty, it is becoming increasingly apparent that selective
prosecution by EFCC may become an ever more potent (and
draconian) tool for President Obasanjo or his successor. Vice
President Atiku Abubakar's supporters regularly make that
accusation in the context of his feud with the President.
Meanwhile Ribadu may have his own agenda, including boosting
the prospects of close crony Federal Capital Territory
Minister El Rufai. El Rufai apparently believes that if
enough other contenders are disqualified then he can be the
next President and Ribadu appears willing to help. Having
been appointed in early 2003, according to the EFCC Act,
Ribadu's four year term is over in early 2007 ) before the
election. He, and other board members, may be appointed for
another four years, but no more. While he will most likely
remain Nigeria's God of Doors, Gates, Beginnings and Endings,
it will be interesting to see for how long.
CAMPBELL
CAMPBELL