The probe of Ibrahim Magu, by a presidential panel headed by retired Justice Ayo Salami, has entered the second week with no indication on when the investigation of the suspended boss of Economic and Financial Crimes, EFCC will be concluded. AKANI ALAKA examines the ongoing probe against the stewardship of Magu and fears that he may not return to EFCC regardless of the findings of the panel.
Just like Nuhu Ribadu, Farida Waziri, Ibrahim Lamorde, his predecessors in office as the boss of the Economic and Financial Crimes Commission, Ibrahim Magu, whose suspension as the acting chairman of the anti-graft agency was formally confirmed last Friday is also set to leave office in controversial circumstances.
But unlike the others, Magu’s problems for which he was arrested and hauled before a presidential panel sitting at Aso Rock presidential villa on 6 June, was from the government which appointed him.
Until he was released from his 10-day detention on Wednesday, Magu appeared before the presidential panel headed by Ayo Salami, which sitting entered the second week on Monday. Rather than resume at the huge multibillion naira sprawling office complex of the anti-graft agency which was completed by EFCC under him about three years ago, Magu appeared at the venue of the panel sitting from where he was taken to a police facility to pass the night.
While in detention, the Police have sent officers to search his home and offices while his orderlies have been withdrawn. Magu’s lawyers were still struggling to get him out of detention as at the time of filing this report. “No previous chairman of EFCC has been subjected to such indignity and humiliation and even, an accused person is entitled to his freedom. No, that we are reading that the panel is extending its activities to so many areas, does it mean Magu will remain in detention until the probe is over?” Chijioke Chukwu a rights activist queried when he spoke to this newspaper.
Magu and Buhari’s Anti-Graft War
Yet, there are others who see the twist in the fortune of the once dreaded anti-graft boss as evidence that the war against corruption, one of the cardinal promises of President Buhari to Nigerians when he was first elected in 2015 has been a ruse all along.
Also in contention following his suspension in office was the issue of how well the EFCC has carried out its assigned task of fighting corruption under Magu. The answer to the question will, however, depend on who you ask.
But the EFCC under Magu is one that is not afraid to tout its achievements in the war against corruption. In some documents released recently, the agency claimed it has secured about 2,240 convictions from 2015 till date.
Also, the anti-graft agency is also proud that it has been able to successfully convict two ex-governors of the ruling All Progressives Congress (APC) – Jolly Nyame from Taraba State and Joshua Dariye from Plateau State- of corruption charges and both are now serving different jail terms in Kuje Prison, Abuja.
Some of the other big wigs sent to prison for one corruption case or the other under Magu include Olisa Metuh, former national publicity secretary of the Peoples Democratic Party, PDP and Munir Sagagi, chairman of the Nigerian Association of Small Scale Industries, Kano Chapter among others.
The Commission also said with the onset of the whistle-blowing policy on December 21, 2016, it received information which led to the discovery of $9.8million cash hidden in the slum of Sabon Tasha, Kaduna State and another humongous cash of $43million, £27,000 and N23million in Osborne, Towers, Ikoyi, Lagos. Under Magu, EFCC also recovered choice properties in Abuja, Lagos and other parts of the country mostly forfeited by accused persons.
Aside from the politically exposed persons and government officials, the EFCC under Magu was also involved in the global war against cybercrime in collaboration with similar bodies from other countries.
A joint EFCC-FBI operation, codenamed, “Operation Rewired” across the globe aimed at tackling the menace of cybercrime led to the arrest and prosecutions of many internet fraudsters in the country.
Opposition politicians, for example, will say that the anti-graft agency has been no more than an instrument of political witch-hunting by the ruling party since 2015.
And they will easily recall how the commission was used to ‘persecute’ former Senate president, Abubakar Saraki and other opposition politicians while closing its eyes to infractions by members of the ruling party.
Indeed, in its reaction to the arrest of Magu, the Peoples Democratic Party (PDP) in a statement by its national publicity secretary, Kola Ologbondiyan, had noted that the suspended anti-graft czar was not worthy of the office.
The opposition party noted that Magu had transformed the EFCC into a partisan witch-hunting organization characterized by violation of rules, abuse of investigation processes, manipulation of court procedures, as well as harassment and extortion of innocent Nigerians.
It also added that the embattled EFCC boss was more interested in securing politically-induced convictions than justice.
Call For Caution
However, while expressing their concerns over recent developments in EFCC, in a joint letter, dated July 9 to President Muhammadu Buhari, a group of international organisations noted that Magu’s showing his “determination to fight corruption is evident by the recovery of stolen funds and properties plus his own high moral ground earned at the cost of diligence and hard work never before seen.
The groups in the letter signed by Lucas Manes of Re: Common, Nicholas Hildyard of Corner House, Simon Taylor of Globalwitness – all European organisations – and Olanrewaju Suraju of the HEDA in Nigeria, therefore, said: “His political removal questions the will of Nigeria to deal with a major cause of the country’s underdevelopment which is corruption.”
While emphasising that the international community is not opposed to Mr. Magu being investigated since all allegations of corruption must be thoroughly probed but rather that due process and the proper disciplinary procedures have not been followed.
They, however, expressed fears that the procedures are clearly being hijacked by detractors of Magu in the political space and this is eroding the potential credibility of the outcome of the panel constituted to probe these allegations.
While warning that Nigeria’s anti-corruption war may be in danger, the coalition also noted that the respect that Nigeria has gained is exemplified by the recognition accorded to Magu, not least by the US Federal Bureau of Investigation, which recently honoured him with an Award of Excellence.
‘No Sacred Cow’
But the Presidency, in the first and only statement issued on the embattled EFCC boss so far had insisted that the probe of Magu should be a strong signal to Nigerians that no one is above the law in the administration’s fight against graft.
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Garba Shehu, the spokesperson to the President who said this in a statement said with the ongoing probe of Magu, the Buhari administration has set a new record in the battle against graft.
“Those who see Mr. Magu’s investigation as a signal that the fight against corruption is failing have, unfortunately, missed the boat.
“There is no better indication that the fight is real and active than the will to investigate allegations in an open and transparent manner against those who have been charged to be custodians of this very system.
“Under this president and government, this is our mantra and guiding principle. There are no sacred cows, and for those who think they have a halo over their heads, their days are also numbered.
“Magu was not immune, regardless of the obvious embarrassment that potential acts of wrongdoing by him, given the office he held, may appear for the government.
“No other administration in the history of Nigeria would have moved to bring into the light and public domain such an allegation,” Shehu said.
The Case Against Magu
Abubakar Malami, the Minister of Justice and Attorney General of the Federation had set off the ongoing probe of stewardship of the suspended EFCC boss through a letter to the President some weeks ago.
In the letter, believed to be another leg of the no-love-lost relationship between the Attorney General and Magu, Malami had asked the President to sack the EFCC boss over allegations of lack of accountability over recovered loots, insubordination and misconduct.
He also shortlisted three candidates to be considered as Magu’s replacement in the memo, which contained 22 allegations against the suspended EFCC boss.
The memo was sent as the President was considering sending the name Magu back to the Senate for a second term, according to reports.
Lack of official information on the allegations against the embattled EFCC chairman and proceedings of the Ayo Salami panel has led to a rash of speculations in the media.
However, in a series of reports a few days ago, the News Agency of Nigeria indicated that the suspended EFCC boss is being interrogated on allegations against him contained in the final report of the Presidential Investigation Committee on the EFCC Federal Government Recovered Assets and Finances from May 2015 to May 2020.
The Ayo Salami panel was saddled with the responsibility of investigating verifying claims by the Presidential Committee on Audit of Recovered Assets that Magu was complicit in diversion of assets recovered by the anti-graft agency for the benefits of his family, relations, friends or favoured staff.
The panel is also to investigate and report on corruption and money laundering allegations involving Magu and Bureau De Change operators, as well as some of his associates reportedly obtained through intelligence reports and petitions.
In addition, the panel is also saddled with the job of auditing the assets and finances of the EFCC as a legal entity from 2015 to 2020, with a view to establishing compliance or otherwise with procurement procedures of the EFCC in line with the provisions of the Procurement Act.
Some of the specific allegations the panel is looking into, according to reports, includes allegations of diversion of interest rates accruing from N550 billion recovered by the EFCC in the period under review Magu is now expected to disclose the whereabouts of the missing interest funds running into millions of naira, disparity in the amount the EFCC has been claiming it recovered from indicted individuals and the amount in the deposit.
The Presidential Audit Committee had alleged that while EFCC reported total naira recoveries of N504 billion, the actual bank lodgments were N543 billion.
The News Agency also claimed that an investigative report on EFCC’s activities by the Nigeria Financial Intelligence Unit (NFIU) exposed acts of corruption and money laundering against some EFCC officials, including Magu before the Ayo Salami panel. According to the agency, the NFIU reports established that Magu has been using different sources to siphon money from the EFCC, and in some cases collecting bribes from suspects.
It added that the report revealed that a Bureau de Change, owned by Ahmed Ibrahim Shanono and allegedly linked to Magu and based in Kaduna has more than 158 accounts and has been receiving huge sums of funds.
“The link to Magu was also established by the payment of N28 million to a lawyer (name withheld) who is a close associate and ally of the Acting Chairman,’’ the News Agency reported quoting from the PCARA report.
There were also reports that the EFCC was not transparent in the accounting for the non-cash assets forfeited by suspects.
The report, as quoted by NAN reads in part: “For instance, EFCC stated 836 as the number of Recovered Real Estate in the Original Returns it made to the President on 07/04/2017. However, in its 1st Returns to PCARA on 13/12/2017, EFCC shortchanged the system and gave the figure of 339 thereby failing to account for 497 property.
It is interesting to note that when the Acting Chairman was further queried on this lapse, he made further contradictory 2nd return of 504 on 09/03/2018 thereby bridging the gap to 332 property.’’
According to the report, Magu neglected and refused to comply with the Regulations on the Management of Recovered Assets, 2019 as he embarked on disposing some of the property without regard to extant law. “This is also a clear sign that there is a deliberate attempt to hide the exact figures of recoveries, which is an indication of fraudulent intent.
NAN claimed that it was also in possession of report which indicated that Magu and some top officials of the EFCC corruptly enriched themselves by selling the recovered assets without anyone knowing and without proper records and without recourse to the Federal Ministry of Works and Housing that has the mandate to undertake an evaluation of such property.
Magu is also being questioned over allegations that he used an Abuja-based pastor as a front to buy a N573 million property in Dubai as well as refusal to effectively cooperate with authorities of the United Kingdom for the prosecution of the Diezani Alison Madueke, Nigeria’s former minister of petroleum resources who has also been declared wanted in Nigeria over allegation of fraud.
“In the Diezani Alison Madueke case, the Acting Chairman is failing to further cooperate with the UK NCA to enable them charge the Former Minister to court in the UK.
“The Acting Chairman despite his knowledge that Mrs. Madueke will not be extradited to Nigeria until after her trial in the UK, has consistently been accusing the UK government on the pages of print and electronic media of not wanting to extradite her to Nigeria,” the report maintained.
He was also accused of deliberately refusing to provide documentary evidence that would make the office of the nation’s Attorney-General to commence the extradition process of Diezani Madueke.
There were also allegations of massive wastage and deterioration of physical assets (including landed property, cars and vessels recovered by the EFCC due to poor management.
“A disturbing example is the two vessels that allegedly sunk at NNS Beecroft Naval BASE, Lagos and NNS Pathfinder Naval Base in Port Harcourt without trace under the watch of the acting chairman of EFCC.
“The vessels named MT GOOD SUCCESS, MV PSV DERBY and MV THAMES were allowed to sink in spite of several warnings from the Navy on the need to evacuate the petroleum products in the vessels.
“The total value of the assets lost due to the negligence runs into millions of US dollars. The (suspended) acting chairman is yet to provide a report on what happened to these vessels,” the report said.
However, Magu has always denied that he has never sold any of the recovered assets.
“Not True”
Also, the report of the News Agency has also been faulted on several fronts. For one, the General Overseer of Divine Hand of God Prophetic Ministries International, Abuja, Prophet Emmanuel Omale, has denied allegations that he bought a property in Dubai worth N573 million on behalf of Magu.
In a pre-litigation letter addressed to NAN by his lawyer, Chief Goddy Uche (SAN), Omale said he only prayed for Magu when he met him in Dubai earlier in the year and was not involved in the purchase of any property on his behalf.
The cleric insisted that he does not own any property in Dubai and his name was never used to purchase any property whatsoever in Dubai or anywhere else in any part of the world.
He subsequently asked NAN to retract the publication, which “has severely injured his reputation, character and calling” and to restrain itself from further defamation of his character or a libel suit of N1 billion would be instituted against the agency.
Also, Magu’s counsel, Mr. Wahab Shittu in a statement on Monday described the allegation that Magu placed N550 billion recovered loot into a deposit account as a blatant falsehood. “All recovered funds are lodged in the Treasury Single Account (TSA) with the Central Bank of Nigeria (CBN).
Such recovered funds do not generate interest. This is elementary and can be verified from the CBN and the Federal Ministry of Finance.
He added that alleged transaction never featured in the proceedings before the Salami panel.
“Magu was never confronted with any such allegation by the panel and the news is a blatant falsehood,” he said.
In the same vein, Lagos lawyer, Femi Falana had denied allegations that he collected N28 million from the embattled anti-graft chief.
Hemmed In On All Sides
Yet, analysts said such speculations will likely continue as long as the panel continues sitting as those determined to see Magu out of EFCC are not likely to relent. Aside Malami, the Police and Department of State Services, DSS hierarchy were also said to be determined to see Magu out of office.
Magu himself is a police commissioner and some of his bosses believed that he has become too proud for their liking.
It was gathered last week that with the invitation of more top officials of the anti-graft agency, it may be difficult to know when the panel will round off its work.
What is, however, certain is that Magu is now hemmed in on all sides and returning to the EFCC for him is now foreclosed, regardless of the findings of the Salami panel.
