The dust thrown up by the advisory list forwarded to political parties by the Economic and Financial Crimes Commission (EFCC) is yet to fully settle down.

Yesterday, the Attorney-General of the Federation (AGF) and Minister of Justice, Mohammed Bello Adoke (SAN), warned the Chairman of the Economic and Financial Crimes Commission (EFCC), Mrs. Farida Waziri, to "desist from making statements capable of heating up the polity".

At least 40 prominent politicians are on the advisory list containing over 100 persons with high profile cases whom the anti-graft body advised should be barred from seeking election into public offices.

Adoke in a letter to Waziri dated October 24 asked the EFCC chairman to stop making statements capable of embarrassing the Federal Government.

He said the compilation on those who should not be allowed to participate in the political process could easily be misinterpreted to mean that the government of President Goodluck Jonathan had plans to exclude some people from the political process.

The AGF consequently advised all agencies of the Federal Government including the EFCC to stay within their mandate and avoid issues that were likely to project the government in bad light.

He said the grounds for disqualification of candidates for political offices and those empowered to exercise the power to disqualify candidates were clearly set out in the Electoral Act, 2010.

Adoke, however, commended Waziri for making great strides in the fight against corruption, but warned her to avoid statements that could cause apprehension in the minds of the people.

Vanguard

A cartoon in Lagos's Vanguard newspaper.

In the letter with reference number HAGF/EFCC/2010/ Vol. 1/10) entitled "Re: Incessant Political Statements Capable of Embarrassing the Federal Government of Nigeria and Unduly Heating up the Polity," the AGF said: "My attention has been drawn to recent disturbing reports of political statements credited to the leadership of the Economic and Financial Crimes Commission which are capable of embarrassing the government and unduly heating up the polity. The recent comments credited to the chairman of the EFCC which was widely reported in the print and electronic media, to the effect that the commission had compiled names of people under investigation for the purposes of sensitizing political parties to exclude such persons from the political process is a case in point.

"As we approach the 2010 General Elections, I wish to advise that all agencies of government must moderate their public utterances and refrain from making statements likely to cause apprehension in the minds of the public that this administration is taking measures aimed at excluding some people or its perceived political opponents from the political process. While it is important for anti-corruption agencies to continue to pursue their statutory mandate with vigour, care must be taken to ensure that no negative feeling or perception is unwittingly created that government is complicit in any grand design or scheme to 'witch-hunt' people.

"Furthermore, I wish to reiterate that the grounds for disqualification of candidates for political offices and those empowered to exercise the power to disqualify candidates are clearly set out in the Electoral Act, 2010. Our jurisprudence on the issue of disqualification of candidates as enunciated upon by the courts is also well settled. Anti-corruption agencies must therefore respect this position and refrain from making pronouncements to the contrary.

"Finally, I wish to commend you for the notable achievements so far recorded in the fight against corruption and economic crimes, especially with respect to the investigation and prosecution of bank executives, and urge you to sustain this momentum by ensuring that all actions and pronouncements of the EFCC come within the confines of dues process."

Listed among the grounds for disqualification of a candidate in the Electoral Act 2010 are if such a person has voluntarily acquired citizenship of another country, if he is adjudged to be a lunatic or otherwise declared to be of unsound mind, if he under a sentence of death imposed on him, if he has been convicted and sentenced for an offence involving dishonesty, if he is an undischarged bankrupt, if he is a member of any secret society and if he has been elected to such office at any two previous elections.

Outrage had greeted the EFCC advisory list with frontline lawyers and some prominent politicians mentioned in the list upbraiding the anti-graft body for the action.

Legal practitioners, which included former President of the Nigeria Bar Association (NBA), Chief Olisa Agbakoba (SAN), and human rights lawyer, Mr. Bamidele Aturu, said the EFCC lacked the power to advise any political party to stop any aspirant from contesting elections.

Some of the affected politicians said the commission was merely looking for publicity, hinting that they might consider taking a joint legal action against the EFCC over the matter.

Meanwhile, EFCC has said the innocent among those whose cases were listed in the advisory need not be jittery.The commission's spokesman Femi Babafemi also said EFCC had always made it clear that it does not have the power to ban or disqualify any person from contesting for elective office and does not intend to embark on actions outside its responsibility.

In the statement entitled "The Innocent Needs Not Be Jittery," Babfemi said: "For the avoidance of doubt, the EFCC has repeatedly emphasised that it does not have the power to ban or disqualify any person from contesting for a public office and does not intend to embark on actions outside its responsibility. The commission under its present leadership has been working and remains fully committed to working strictly within the rule of law.

"It is however surprising that the mere publication of a list of cases being prosecuted in courts by newspapers has generated so much reactions from those who are yet to discharge their burden of corruption charges as well as their fans and agents alike."

According to him, "it is more disturbing given the fact that the list that has elicited the flurry of reactions has been on the commission's website since 2008 and all the facts therein have been in the public domain since the trial of the accused persons began.

"The list is neither a covert nor overt strategy, intention, ploy nor agenda of the EFCC to arrogate to itself the power of a law court. Thus, it is patently assumptive and speculative of anyone or any group to accuse the commission of using its power to stop aspirants. The commission never states or pretends that it has any power to stop aspirants. What the list simply represents is a public disclosure of the gamut of its prosecutorial efforts in the war against corrupt practices, an information that has since remained in the public domain for several months.

"It is therefore obvious that most of the reactions and attack on the commission were borne out of the desperate bid by those who have deliberately stalled their trials in the courts to buy time through various frivolous applications so that they can seize the opportunity of another election to return to public office and once again enjoy immunity."
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EFCC noted that "contrary to some selfish claims by a few people, it is not seeking to convict aspirants before being pronounced guilty by a law court. In what way will a list that has been in the public sphere achieve the purpose of a conviction? What parallel or similar effects will a mere information on our cases in court has with a conviction? What pronouncement has been made on the list that can be equated with a conviction?"

"The truth of the matter is that, those who have no quarrel with the lion have no need to fear its fatal claws! The innocent needs not be jittery. The EFCC is doing its job and should be appreciated for doing so creditably.

"We do not have any control over what interests the media nor how they do their job neither do we determine who a political party fields for an election. It is left for any political party to determine the level of integrity of candidates it presents for an election".

Source:Thisday News