FACTS OF THE MATTER

By Tukur Mamu

Journalist

This piece is not meant to give any protection or advantage to President Muhammadu Buhari’s nominee for the position of the Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa. As a stakeholder in Nigerian project, I feel obliged considering the little knowledge I have on the subject matter that has dominated public discourse recently; to offer my perspective on some of the needless and diversionary arguments at play.

I have never met the person that was widely believed to influence the nomination of Bawa, AGF Abubakar Malami in my life nor did I know the youthful Abdulrasheed Bawa. But in the course of my work as a Journalist, I have make friends and interacted with many officers in the EFCC since the days of its pioneer Chairman, AIG Nuhu Ribadu Rtd and I know a little about the Commission, including its politics of promotion, especially under CP Ibrahim Magu, which has now become a subject of controversy.

I will not dwell on the reported relationship between Abubakar Malami and Abdulrasheed Bawa because this is not an issue for me. Majority of Nigerians including those that are accusing the AGF of influencing the nomination of Bawa will do exactly the same or even worse if they are in privileged position and advantage like the one Malami is today.

We have seen the enormous influence of those that are for example, close to former president’s Olusegun Obasanjo, late Umaru Musa Yar’Adua, Goodluck Jonathan and the influence they had exploited in the system to favour their interests. This has become a tradition in Nigeria.

Even under the current administration we have seen how ministers like Babatunde Fashola, Rotimi Amachae etc worked tirelessly to favour their close associates and their immediate constituency against the interest of others.

The EFCC Act stipulates that for someone to be qualified for the position of the Chairman of the Commission, he must have a minimum working experience of 15 years. Bawa has it. There is also the argument of Bawa’s Grade Level and whether or not he is qualified.

Despite the reported corruption in EFCC and from what I know it is virtually impossible for someone, other officers in the category of Bawa and not even Magu can temper with the Commission’s exhibits as long as they have been declared and recorded as such. Officers in the EFCC can engage in any kind of corruption but by their tradition, they cannot temper with exhibits, not to talk of selling them.

Where there is a clear Court Order that can vindicate the actions of officers exhibits can be tempered with in accordance to the directives of the court. I believe in the case of Bawa that is what many did not know. Perhaps the nation will know about such allegations and many more when he faces the Senate next week for screening. What we see now regarding Bawa is the usual media trial consistent with media organisations in Nigeria.

The EFCC act is simple but many of those that have so far written mainly for the purpose of disqualifying Bawa probably did so out of sentiment and hatred for anything that has direct or indirect connection with Malami. For me personally, it doesn’t matter where Bawa is coming from or who influenced his nomination as long as he has the experience and capacity to deliver.

After all, if Bola Tinubu can nominate the likes of Rauf Aregbesola, Babatunde Fowler, the ex-minister of Finance that presented fake NYSC Certificate, Kemi Adeosun or if the likes of Rotimi Amachae and Governor Nasir El-Rufai etc., can nominate Dakuku Peterside and Hadiza Bala Usman into juicy and sensitive government agencies like NPA, NIMASA, I really don’t see anything wrong if Malami too took advantage of his strategic position in the government to influence the coming of somebody he believes he can work with.

The EFCC Act stipulates that for anyone to be qualified as the Chairman, he must have a minimum working experience of 15 years. Bawa has that qualification as confirmed by his critics. When the EFCC establishment Act was approved and as at that time the level of Assistant Commissioner of Police is Grade Level 13.

The first Chairman of the Commission, Mallam Nuhu Ribadu as an Assistant Commissioner of Police then was on Grade Level 13. That can be verified. Ibrahim Magu too was a Level 13 Officer when he was an Assistant Commissioner of Police.

It was only last year that adjustment in the rank and level of police officers was made. Before the adjustment, Superintendent of Police, SP, is on Level 11 because unlike the mainstream Civil Service where there is no Level 11, the Police has Level 11. After the adjustment, the position of SP became Level 12 instead of the previous Level 11 while the position of an Assistant Commissioner of Police became Level 14 instead of the previous Level 13.

So while the arguments of critics is true that the EFCC Establishment Act, Section 2a (ii) stipulates that the Chairman of the Commission should be a serving or retired member of any Security or Law Enforcement Agency not below the rank of Assistant Commissioner of Police or equivalent is true, what perhaps they don’t know is that the two ACPs (Ribadu and Magu) that chaired the Commission were both on equivalent of Level 13 when they were appointed.

The review to elevate or adjust the Grade Level of Police Officers which makes ACPs on Grade Level 14 from their previous Level 13 is only recently.

The insinuations that Bawa was illegally promoted ahead of his Senate screening, I believe from the information I have is not true as the records from the Commission clearly shows that the promotion of Bawa and his Course Mates was overdue with one year two months.

The issue and complaints of lack of promotion to deserving officers of the EFCC is not new to insiders that are privy to the politics at the Commission particularly under Ibrahim Magu.

In fact, current leadership of the EFCC have long before Bawa’s nomination commence the process of rectifying such genuine complaints because there are even officers that did not get their promotion in the last eight years. Many promotions were already approved and issued even before President Buhari’s letter to the Senate on Bawa.

If Bawa for example was not due for promotion then the issue of illegal promotion ahead of his Senate screening wouldn’t have arisen. So those that are claiming that Assistant Commissioners of Police are on Grade Level 15 are either ignorant of the fact or have woefully failed to do their investigation well.

I believe the young man should be given the opportunity to contribute his quota and make the difference in the scheme of things. Nigeria and Nigerians desire those that can perform. His relationship with anybody – as long as he can deliver – should not be the issue.