EFCC: Still wears Ribadu's spots

WE condemn the pillage of the Nigerian economy by mindless politicians that took place in the last eight years. Corruption permeated all the tiers of government though some crooks pretended to be holier than thou. We support the current investigation into the power sector by the House of Representatives as a valid intervention in the war against political brigandage.

The same probe should visit the NNPC, Federal Capital Territory Authority, Works, Agriculture, Aviation, Education, Transport and other ministries and government agencies. We also in this same breath accuse the press of culpable and unpardonable dereliction of duty as the fourth estate of the realm because were it active much of the executive recklessness would have been nipped in the bud. The press largely performed poorly in watching the society because of either inadequate professional training and exposure or deliberate compromise by some proprietors.

We believe the present revelations of scandals are coming too late to the suffering Nigerians who watched their government sell crude oil at $100 per barrel of an aggregate two million barrels daily, only for them to live in perpetual darkness, wallow in unemployment, have no potable water, no roads, fallen education standards and no shelter.

Were the press as active as before the so-called "nascent democracy", much progress would have been recorded in the social economic and industrial drive in Nigeria, we believe. Now that the press revels in a newfound freedom, we pick no bones about their reporting of court and legislative proceedings. They have absolute privilege to report court and legislative proceedings without giving their own verdicts. And they must agree with the records of such institutions.

Yet we caution against unprofessional destruction of the reputations of citizens extra-judicially with baseless, sensational reports lacking truth.

We observe the prevalence of what in the Anglo-Saxon press, which tradition we hold, is called "trial by the press" in the general reportage of many newspapers and magazines. The law on defamation is clear, only what is true is fit to print. It is no excuse that a statement came from an authority because that would be no defence in libel. It must be true, however relative.

To be on the safe side, it is necessary to hear from all the sides to a story, because officialdom enjoys no legal privilege to blackmail or tar the reputation of any citizen. This is why it is not safe to print a police allegation or an affidavit without due judicial notice for the litigants to be properly identified.

This was where the Economic and Financial Crimes Commission (EFFC) violated the sacred tenets of the rule of law during Obasanjo's regime when its chairman, Mallam Nuhu Ribadu, deliberately destroyed many presumed enemies of the General by usurping the powers of the court to declare them guilty. His role was to obviate the success of the Third Term plan in disservice to the rule of law. The world now knows he swept the dirt in his bedroom and that of his master and emperor, General Olusegun Obasanjo, under the carpet.

We thought that with the so-called change of guard at Aso Villa there would be a return to the rule of law. Habits die-hard. The EFCC has not shed its obnoxious garb of witch-hunting and the usurping of powers it does not have as evident in some of its recent pronouncements, disclosures and actions.

It sill storms residential buildings and innocent persons without due notice and court warrant as it did to Mr. Mohammed Babangida when that one's father disagreed on the Third Term plan. One does not know why Mohammed has not sued the EFCC for libel because of the odium the invasion caused him? Does an agency need to go with guns and a company of operatives to probe frauds? Should suspects not be invited for questioning before warrants are served on them for more information?

There must be questioning before arrests. EFCC didn't need to brutalise Tafa Balogun and cripple him physically. Even the NDLEA, which fights violent drug peddlers, does not act as viciously as the EFCC displays often and again. The commission still stinks of the Ribadu odour. It still invades people's houses at unholy hours. It is unofficial. EFCC needs a disinfectant and a puff of fresh air. President Yar'Adua must curb their excesses. Ezekwem, Sunday Adewusi, Christopher Omeben, Mohammed Gambo, Ben Parry Osayande and other well-trained policemen got to the roots of crimes and frauds without intimidating or bullying the public. People don't give information by force. We thank the Nigerian Bar Association and the Body of Benchers for upholding the view we expressed in 2005 on separation of powers and the status of the Attorney General of the Federation (AGF).

We advise journalists, especially editors and sub editors, to read carefully the laws of defamation and also observe the principles of criminal law and procedure in civil litigation because it will save their organisations billions of naira in libel damages. The press should be the last resort of the powerless, but in conformity with the rule of law