Combined effects of bad politics within governing party (APC),
president’s aloofness and strange executive procrastination appear to have
stolen some thunder from two good governance policies that would have shaped
good public opinion for the Buhari administration last week.
*President Buhari |
In other words, curious focus on do-or-die
politics in Ekiti and the implications of incipient implosion within the
governing party where some born-‘again(st) reformers’ are scrambling for new
platforms seem to have taken the steam out of what would have been reported
last week as the Buhari government’s special focus on building institutions for
strengthening democracy and the economy.
Too bad, politics has again triumphed over
governance, no thanks to the reputation managers of the administration who
always prefer to speak on only political controversies. They hardly talk to the people on public policies that drive governance issues,
which enhance development.
For instance, last week, two political stories
dominated the media space and indeed diminished what would have been the
significance of two other governance issues.
First was the controversial Presidential
Executive Order No.6, which seeks to tamper with tangible assets of some
powerful people facing prosecution over some corrupt cases in court.
The controversy surrounding the Executive
Order No.6, instantly took the steam out of another equally important
Presidential Executive Order No.5 (PEO-5) the same president signed since
February this year but was made public only last week Monday in Lagos by the
Minister of Science and Technology, Dr. Ogbonnaya Onu.
On a good day, Executive Order No.5 should
have been celebrated by the business community and even the political class,
because the Executive Order (No.5) “for Planning and Execution of Projects,
Promotion of Nigerian Content in Contracts, Science, Engineering and
Technology” seeks to create an enabling environment, mobilise local investment
and attract more foreign direct investment into the country, empower Nigerians
to participate actively in the management of the economy.
What a coincidence, the day the PEO No.5 was
unveiled to the media in Lagos
was the day PDP and 38 other parties ratified alliance against President Buhari
for #Project2019. Of course, the coalition-against-Buhari story would be a
natural front-page lead (story).
What is more, many other events that Monday
did more damage to the PEO No.5 storyline: that was the day Nigeria Labour
Congress (NLC) activists shut down MTN offices in protest against
non-unionisation of its workers.
Besides, it was the day the killing field in
Plateau state triggered a powerful visitation of E.K Clark, Chief Olu Falae,
Ayo Adebanjo to the very influential T.Y Danjuma who had earlier warned about
the danger of alleged collusion of the military authorities with killer
herdsmen in parts of the country. That same Monday, the NYSC authorities issued a statement on the Finance
Minister, Kemi Adeosun’s alleged NYSC exemption certificate forgery.
What a day! The same day, former deputy
governor of Ondo state, Alhaji Lasisi Oluboyo spoke on how “my daughter was
used for ritual”.
That crowded Monday was also the day scores of
deaf and dumb persons staged a peaceful demonstration against what they called
“illegal acquisition of 20
acres from their 39 acres of land by the Oyo State
government”.
That fateful day, United Kingdom “warns against
rigging of Ekiti governorship election”.
That was also the day the influential NNPC “signed
an agreement with Shell, Seplat, Oando, others to implement $3.7 billion worth
of Gas projects”.
How could an Executive Order No.5 have
survived on the front pages and prime time when it was introduced on the same
day the aforementioned top political, business and human interest stories also
broke?
Despite the publication of the PEO No.5, no
one could remember the significant details in the Order as much as the details
of PEO No.6, which has been so controversial that even the National Assembly
has begun a process to shoot it down.
Yet, no one is discussing anywhere the more
significant Executive Order No.5, which can create more jobs and reduce the
spate of insecurity in the embattled country.
In the same vein, the Nigeria Financial
Intelligence Unit (NFIU) Bill the President signed into law last week too is a
significant feat that political activities, especially tension-soaked Ekiti
governorship election appear to have also diminished. That the President signed the controversial Bill into law is newsworthy.
One, the EFCC authorities and their allies
outside could have lobbied the President to veto it because of the fact that
the soul of the Commission, the Financial Intelligence Unit (FIU) has been
taken away since the law provides that the NFIU is now domiciled in the Central
Bank of Nigeria (CBN).
The Egmont Group, as I disclosed here the
other day would not like the NFIU to be domiciled in EFCC where financial
intelligence they receive in confidence from global sources could be used for
political reasons.
In other words, if the President had vetoed
the Bill and the National Assembly had kept quiet (without overriding the
president’s veto), Nigeria
could have faced expulsion from the Egmont Group of Financial Intelligent Unit
(EGFIUs).
As I had noted here on Sunday March 4, this
year when I wrote on “Before Egmont Group Expels Nigeria ”
(https://guardian.ng/opinion/before-egmont-group-expels-nigeria/) “If Nigeria
is expelled, she will be listed as a high-risk jurisdiction country, with far
reaching implications on financial transactions with numerous countries we
need”.
I also wrote then that Nigeria ’s
suspension from the Group in July last year was blamed on the absence of
operational autonomy for the Nigeria Financial Intelligence Unit, (NFIU) domiciled
as an administrative FIU in EFCC then. Besides, the Toronto-based Group had
then fingered absence of confidentiality in the EFCC’s handling of financial
intelligence for the suspension.
That was a fact file on suspension of Nigeria in July
last year, which was treated in the media as a minor story. Let’s extract some
facts from the Co-Chairs’ Statement at the 24th Plenary of the Egmont Group of
Financial Intelligence Units where Nigeria was punished.
Then at the Session, Heads of FIU decided by
consensus, to suspend the membership status of the NFIU, Nigeria, according to
the Group, “following repeated failures on the part of the FIU, (Nigeria) to
address concerns regarding the protection of confidential information,
specifically related to the status of suspicious transaction report (STR)
details and information derived from international exchanges, as well as
concerns on the legal basis and clarity of the NFIU’s independence from the
Economic and Financial Crimes Commission (EFCC)”.
The body noted then that, “the measure will
remain in force until immediate corrective actions are implemented”.
The FIU, Nigeria is now excluded from all
Egmont Group events and activities.
The Egmont Group expressed its hope that the
Nigerian authorities will address these concerns to enable the Egmont Group to
lift the suspension as soon as possible”.
Can we recall that the bruising battle for the control of the Financial
Intelligence Unit (FIU) within the EFCC has consumed three Heads of the Unit
the EFCC authorities (past and present) had sacked in controversial
circumstances including Mr. Asishana Okauru, now Director General , Nigeria Governors’ Forum?
The two other victims are in the Federal
Justice Ministry and Nigeria Intelligence Agency (NIA) respectively.
So, if the President had not signed the NFIU
bill, that would have endangered Nigeria ’s
chances of escaping the hammer of the Egmont Group of Financial Intelligence
Units-FIUs and the Financial Action task Force-FATF based in Paris .
We need to note that indeed Nigeria was
downgraded at the last Inter-Governmental Action Against Money Laundering in
West Africa (GIABA) Plenary, held from the 7th -11th of May, 2018 at Somone,
Senegal; following the major deficiencies in the country’s Anti-money
Laundering/Counter Financing of Terrorism legal framework.
These were early warning signs that there was
trouble ahead, if nothing was done.
The President has done well but the battle is
not over yet. Nigeria
is due for a Mutual Evaluation in 2019 and if we face that without setting up
the bureaucracy according to the provision of the law, it is still risky as we
may face some sanctions.
Therefore, the Attorney General of the
Federation (AGF) and Minister of Justice should get cracking today: get the
President to nominate to the Senate a Director of NFIU as prescribed by the
Act.
There are other concomitant Bills that need to
be taken forward urgently too: they are: Proceeds of Crime (POC); Mutual
Assistance in Criminal Matters (MACM); an amended version of the Money
Laundering and Terrorism Prevention Acts (MLTPA) as well as the Whistle
Blowers/Witness Protection bills.
This is therefore the highpoint of all the
suggestions from 2015 that the President should work hard on building
institutions that can help in preventing official corruption in public service.
It has been suggested several times here too
that fighting corruption is not a tea party that media trials of a few corrupt
people alone can address. That is why it has been noted repeatedly here too that fighting corruption is a
world of difference from fighting corrupt people.
When you fight a few corrupt people, you get
instant accolades from supporters.
But then corruption will continue to thrive in
the bureaucracies throughout the federation unless you reform institutions that
corrupt state actors use to perpetrate corrupt practices.
This is the only way corruption battle can
seamlessly won: reform institutions, recruit good officers who can enforce the
laws and presidential executive orders without fear or favour.
It may not be clear to those who are still too
young to know that the EFCC has just been reorganised in a strategic way that
even the president’s men may not have recognised anyway.
NFIU was what EFCC ought to be called in 2004
when the law was enacted.
But this is not the time to tell the complicated
story of how ICPC law was conceptually inadequate and Nigeria was
punished because of failure to deal with financial intelligence issue within
that context.
The then Presidential Committee on Financial
Action Task Force (PCFATF) set up by President Olusegun Obasanjo knew the
story. Obasanjo set up the NFIU, called it EFCC, Presidents Umaru Yar’Adua and
Goodluck Jonathan failed to correct the anomaly that the Egmont Group of FIU
detected and punished us for.
Behold, the National Assembly and some unappreciated
stakeholders have helped President Buhari to correct a 14-year-old error. That
is how institutions should be built to strengthen democracy, which politics can
no longer penetrate to nurture corruption.
There is therefore one more thing needful: the
President should work on how to reform the public service, which will assist in
building some consensus within his ruling party, the federal legislature so
that his institution building mechanisms such as joining the global Open
Government Partnership (OGP) in 2016, the Presidential Executive Order No.5 and
the NFIU can be better understood and appreciated.
Besides, the president should dust up so many
reports that have suggested a merger of the EFCC and ICPC.
And so he should work on an Amendment Bill to
merge the two anti-graft agencies.
With the FIU out of the EFCC, there is no
reason EFCC and ICPC should stay apart anymore.
Meanwhile, let’s not allow the heat being
generated by Executive Order No.6, to kill the significance of Executive Order
No.5, which seeks to reposition Nigeria ’s
economic development to be technology driven for global competitiveness.
And the gains from NFIU Act (2018) should not
be allowed to wither away because of overzealousness for #Project2019.
No comments:
Post a Comment