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Who Is Really Fighting Corruption? The Executive or The Legislature, By Omoniyi Idowu

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Corruption is getting worse in Nigeria, according to the latest corruption perception index (CPI) released by Transparency International (TI) on Wednesday, which shows that Nigeria has dropped 12 places in its Corruption Perception Index.*

Whose fault is this, the Executive or the Legislature? Let’s break this down…

There have been several attacks from sponsored sources that allege that the National Assembly is frustrating the efforts of the Executive in fighting corruption.

However, if we look at the facts on the ground, we can see that:

The National Assembly, through the Senate, has been at the forefront of exposing high-levels of corruption in government — yet, the Executive has not done its part to prosecute those that have been exposed.

The Senate exposed the former SGF, Babachir Lawal’s, intimate involvement in a N200million grass-cutting scandal through which funds meant for the Internally Displaced Persons (IDPs) in the North-east were diverted into private pockets. Two Committees, one in the Senate and another one headed by the VP, had indicted the man. Yet, it took President Muhammadu Buhari over 9 months to sack the man. and up till now, he is still has not been prosecuted.

Also, months after the committee headed by Vice President Yemi Osinbajo indicted the former NIA DG over the 43million Dollar Cash in Ikoyi Flat scandal, the man has not been prosecuted. The DG NHIS that was suspended over financial misappropriation bh the supervising Minster was arbitrarily recalled and re-instated without recourse to the report of the on-going investigation by the EFCC.

When a Senator leveled allegations of misappropriation of funds against the Inspector General of Police, instead of he Government to investigate the allegations and allow the IG to seek redress if he feels he has been defamed, the Government sought to intimidate the Senator by filling criminal charge against him.

In the same vein, there are other allegations of corrupt practices leveled against top members of the Executive arm which are simply swept under the carpet.

Now, we know that write-ups like the one being circulated on WhatsApp are now alleging that the National Assembly is frustrating the anti-corruption war will come out as a way of fighting back by the Executive over the AMENDMENT OF THE ELECTORAL LAW in which the Presidency failed to get through its preferred ORDER OF ELECTIONS. This write up is just the Executive arms way of fighting back by stereotyping the Legislative Arm.

NOW BEYOND THE PROPAGANDA, FALLACY AND FALSEHOOD, let’s check the facts.

The Senate has already passed the following bills that are aimed at fighting Corruption in Nigeria:

*The Mutual Assistance in Criminal Matters Bill*, which is aimed at enhancing the collaboration and mutual assistance between the Nigerian government and its foreign counterparts. This Bill will also help to facilitate the identification, tracing, freezing, restraining, recovery, forfeiture and confiscation of proceeds of crime wherever they are located.

*The Whistleblower Protection Bill*, which will encourage the disclosure of improper conduct by persons, public officers and corporate bodies, private and public.

*The Nigerian Financial Intelligence Unit (NFIU) Bill*, which, in line with international best practices, establishes a substantive and autonomous financial intelligence unit in Nigeria, that will promote the exchange of information with all countries in issue that relate to criminal intelligence and financial investigations that deal with money laundering, terrorism financing, proliferation of arms, corruption, financial crimes and economic crimes.

*The Witness Protection Bill*, which creates a programme in Nigeria that protects witnesses who provide vital information, evidence or render assistance to law enforcement agencies during investigations, enquiries or prosecutions.

*Of all these Bills, THE ONLY ONE that was sent to the Senate, from the Executive was the Mutual Assistance in Criminal Matters Bill. All others were initiated, fast-tracked and passed by the Senators.*

The article in question also referred to the Special Anti-Corruption Courts Bill which he said the National Assembly has refused to pass. However, it should be noted that the National assembly cannot create a Court through a Bill. Creation of Courts require Constitutional Amendments. That is why the Bill was suspended so that it could be part of the Constitutional Amendment process and the Judiciary could have adequate input.

I am sure it is now clear that the Anti-Corruption war is being frustrated by those claiming to be prosecuting it. The War is being defeated by nepotism, inconsistency, inter-agency rivalry, dishonesty and the lack of adherence to the Rule of Law.

*THE FACTS SPEAK FOR THEMSELVES!
Omoniyi Idowu writes from Lagos

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Nigerian Bank MD’s colluded with government officials to re-loot recovered Abacha loot – EFCC

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The Economic and Financial Crimes Commission has accused commercial banks of colluding with government officials to re-loot recovered loot of the late dictator, Sani Abacha.

In December 2017, the Federal Government signed a Memorandum of Understanding with Switzerland on the return and monitoring of the $322 million Abacha loot.

The proceeds were intended for Conditional Cash Transfer under the Social Investment Programme which began in December 2016, under ex-president Muhammadu Buhari’s administration.

The looted funds were meant to provide N5,000 monthly stipends to the most vulnerable Nigerians across the country.

However, on Sunday, a spokesperson for the EFCC, Dele Oyewale, in a statement, said that the anti-graft agency opened investigations into other alleged financial malpractices from the ministry; involving the COVID-19 funds and the World Bank- assisted loan coordinated by the Humanitarian Ministry to assist poor Nigerians.

The EFCC said, “Discreet investigations by the EFCC have opened other fraudulent dealings involving COVID -19 funds, the World Bank loan, Abacha recovered loot released to the ministry by the Federal Government to execute its poverty alleviation mandate. Investigations have also linked several interdicted and suspended officials of the ministry to the alleged financial malfeasance.

“It is instructive to stress that the commission’s investigations are not about individuals. The EFCC is investigating a system and intricate web of fraudulent practices. Banks involved in the alleged fraud are being investigated. Managing directors of the indicted banks have made useful statements to investigators digging into the infractions. Those found wanting will be prosecuted accordingly. Additionally, the EFCC has not cleared anyone allegedly involved in the fraud. Investigations are ongoing and advancing steadily. The public is enjoined to ignore any claim to the contrary.’’

The commission also revealed that N32.7 billion and $445,000 had been recovered from both past and suspended officials of the humanitarian ministry.

It added that the commission initiated investigations into the affairs of the humanitarian ministry inviting former minister, Sadiya Umar-Farouq, and her successor, Beta Edu, suspended by President Bola Tinubu in January for alleged abuse of office.

 

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EFCC recovers N32.7bn, $445,000, faults Betta Edu, Sadiya Umar-Farouq, Halima Shehu

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The Economic and Financial Crimes Commission, EFCC has faulted suspended Humanitarian Minister, Betta Edu, her predecessor, Sadiya Umar-Farouq, and the Coordinator of the National Social Insurance Programmes Agency, Halima Shehu, while revealing that a combined total of N32.7bn and $445,000 has been recovered so far from ministry.

The commission made the development known on Sunday via its official X handle in response to rumours concerning the progress of its investigations into the alleged financial misappropriation in the Ministry of Humanitarian Affairs, Disaster Management and Social Development.

The statement signed by the spokesperson for the EFCC, Dele Oyewale, read, “The Economic and Financial Crimes Commission, EFCC, has noticed the rising tide of commentaries, opinions, assumptions and insinuations concerning its progressive investigations into the alleged financial misappropriation in the Ministry of Humanitarian Affairs, Disaster Management and Social Development.

“At the outset of investigations, past and suspended officials of the Humanitarian Ministry were invited by the Commission and investigations into the alleged fraud involving them have yielded the recovery of N32.7billion and $445,000 so far.

“Discreet investigations by the EFCC have opened other fraudulent dealings involving Covid -19 funds, the World Bank loan, Abacha recovered loot released to the Ministry by the Federal Government to execute its poverty alleviation mandate. Investigations have also linked several interdicted and suspended officials of the Ministry to the alleged financial malfeasance.

“It is instructive to stress that the Commission’s investigations are not about individuals. The EFCC is investigating a system and intricate web of fraudulent practices. Banks involved in the alleged fraud are being investigated. Managing Directors of the indicted banks have made useful statements to investigators digging into the infractions. Those found wanting will be prosecuted accordingly.

Additionally, the EFCC has not cleared anyone allegedly involved in the fraud. Investigations are ongoing and advancing steadily. The public is enjoined to ignore any claim to the contrary.

“On the issue of the works of the Commission against Naira abuse, dollarization of the economy and the enforcement of all extant laws relating to them, the EFCC appreciates the avalanche of public awakening, support and involvement demonstrated so far. Increasingly, members of the public are drawing the attention of the Commission to video recording of abuse of the Naira by Nigerians from all walks of life. These gestures amply demonstrate rising consciousness of the public to the sanctity of our national currency and the need for collaborative engagement to sustain the tempo.

“To this end, the Commission will always investigate and prosecute anyone involved in the abuse of the Naira. Old videos being exhumed and flying around for the attention of the Commission are noted as the Commission is sensitive to the fact that its Special Task Force against Naira Abuse and Dollarization of the economy commenced operations on February 7, 2024. However, going forward, new videos of such infractions will be investigated and prosecuted.

At the moment, the Commission is investigating several celebrities involved in Naira abuse. Many of them have made useful statements to the Commission and many more have been invited by investigators working on the matter. The EFCC will not relent in its no-sacred-cow mode of operations and the public should be wary of running afoul of laws against the crime.”

 

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CAC Places First Bank Records On Caveat Over Litigation

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The Corporate Affairs Commission, CAC, has placed the records of First Bank of Nigeria (FBN) Holdings on caveat pending the resolution of the crisis rocking…

The Corporate Affairs Commission, CAC, has placed the records of First Bank of Nigeria (FBN) Holdings on caveat pending the resolution of the crisis rocking the board of the bank as a result of multiple court cases filed by aggrieved directors.

The crisis rocking the bank stemmed from protests by shareholders who were kicking against the bank’s internal governance and shareholding structure, as a result of which some of them have taken their grievances to the court.

One of such is the case of Olusegun Samuel Onagoruwa v. FBN Holdings Plc in Suit No. FHC/L/CP/1271/2022), which is challenging the capacity of the Board of Directors of FBN to appoint new persons to fill vacant slots.

Onagoruwa in his suit is seeking “an order setting aside, nullifying, annulling and/or quashing the appointments and approvals of Mr. Olusola Adeeyo, Mr. Viswanathan Shankar, Mrs. Remilekun Adetola, Mr. Anil Dua and Mrs. Fatima Ibrahim as Non-Executive Directors of First Bank of Nigeria Limited made on the 20th day of March, 2024, by FBN Holdings PLC during the pendency of this action and in defiance of the subsisting order of this Honourable Court made on the 15th day of July, 2022.”

The motion also seeks an order restraining the above-named non-executive directors from acting or taking any steps as non-executive directors of the bank.

The current court case follows similar four other cases pending at the Federal High Court in Lagos and Abuja challenging the internal governance of FBN Limited, in addition to existing court injunctions restraining the bank from holding the last two Annual General Meetings which the bank went ahead to hold.

In a new twist to the crisis, the Corporate Affairs Commission in a letter entitled.

“Re: notification of pendency of suit no. fhc/l/cp/1575/23 against FBN holdings plc, and subsisting interim orders of the Federal High Court made on the 9th day of August 2023 restraining FBN holdings plc from holding or proceeding with its annual general meeting purportedly held on the 13th day of August 2023”, weighed in on litigations threatening to tear the old generation bank apart.

Signed on behalf of the Registrar General of CAC by Chidimma Maureen Nwite, the Commission in a letter to lawyers to some of the parties in court against FBN Holdings said: “This is to inform you that the record of FBN Holdings PLC RC: 916455 has been placed on caveat pending the determination of Suit No. FHC/L/CS/1575/2023.”

A shareholder, Mr. Olalekan Babalola, said “it is imperative for the authorities to find a solution to this lingering crisis as Nigeria cannot afford another major bank’s collapse at this critical time

He called for urgent resolution of all court cases in the overall interest of depositors, shareholders and other stakeholders of the bank before further damage is done to the oldest Nigerian bank.

 

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