Economic Confidential, September, 2009

NATIONAL

Corruption: Waziri and Aoandoka Disagree over Clearance of Attah, Ibori, Tinubu

The Economic and Financial Crimes Commission (EFCC) has denied clearing some former governors of corruption charges. The anti-corruption agency’s denial was in a response to statement credited to the Attorney General of the Federation, Mike Aondokaa who had said that Federal Government had cleared the former public offers.

In a statement by the spokesperson of EFFCC, Femi Babafemi, stated that “the attention of the Economic and Financial Crimes Commission, EFCC, has been drawn to reports in national dailies to the effect that the anti-graft agency has cleared some former governors who have been under investigation. The Commission wishes to state emphatically that it has not at any time or in any correspondence with the persons referred to in these media reports or any other person cleared them of complicity in all matters relating to them which are either in court or still under investigation.”

The EFCC’s statement was clearly a reaction to stories credited to the Attorney-General of the Federation who had told reporters that EFCC had cleared three former governors of alleged money laundering. Chief Mike Aoandokka who is also Nigeria’s Minister of Justice listed the former governors as Asiwaju Bola Tinubu of Lagos State, Chief James Ibori (Delta) and Obong Victor Attah (Akwa-Ibom). He said the ex-governors’ clearance followed a request from the British Government for more information about the deal which he added clearance was made before Britain requested for the details of the case.

Aondoakaa said the money laundering case was contained in a petition filed during the tenure of Ribadu at EFCC. The petitioner alleged that the former governors sold state shares to a telecommunications company, Vmobile (now Zain), through a company called African Development Funds Incorporated. It was further alleged that the transaction was not transparent, and that it was used for money laundering.

"There is a company called African Development Funds Incorporation. The company was engaged to sell the shares of the state to Vmobile. While transaction was going on, EFCC got information that the transaction was not transparent and that it was to be used for money laundering. EFCC started investigation. I was not the attorney-general when it started. The EFCC said Access Bank was the bank used during the transactions. During investigation, it was gathered that the EFCC ordered Access Bank to stay action on the deal that the commission was investigating the deal. Later, the EFCC wrote the bank that the issue has been cleared."

The clearance letter entitled: RE: Alleged case of conspiracy, money laundering, abuse of office and official corruption. African Development Fund Inc Account No. 011400552" was dated the 12th of January, 2009 and signed by Umar Sanda on behalf of the chairman of the commission. It reads: "Our letter with ref. no. CR.: 300/EFCC/LS/EG2/VOL.2/266 dated 21st March, 2007 on the above subject-matter refers. In view of the above, you are kindly requested to remove the caution placed on the account and allow normal transactions on the account."

Reacting to the Minister’s comment, the EFCC Spokesperson in his rejoinder added that “It is inappropriate to input or infer that the three former governors have been exonerated in matters that are still pending or yet to be determined by the law court which is the only competent  organ of government that can pronounce guilt or innocence in matters like the ones under reference.

The Commission has to make this clarification in view of the volume of enquiries from concerned Nigerians so as to lay to rest all doubts and insinuations as to the position of the Commission and its leadership in all these.

The letter being referred to in these reports has no specific impact or reference to the cases of the three former governors as it was only an advice to a bank on the operation of a company’s account and as such cannot speak for substantive cases being investigated.

While not adjudging anyone quilty until proven so, the Commission wishes to restate that it has not in anyway declared the three former governors innocent of the allegations for which they are being investigated.