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"EFCC is a giant scam. They have done nothing to reduce corruption in the last four years. It is time to compile a list of the International donors who contribute to the EFCC fund. It is time to contact these donors and bring to their attention, the notoriety of the EFCC, their incompetence, their corruptibility, and their complete ineffectiveness on the matter of fighting crime."
EFCC: Thugs or Law? by Daniel Elombah
On Wednesday October 26 2011, Mr. Emeka Ugwuonye was at FCT high court holding at Apo before Justice Suleiman Belgore with his lawyers, family and friends for the ruling on the case of contempt against EFCC with respect to his continued detention long after meeting the bail conditions given by the court on a pending case of criminal charge brought against him by Nigeria's Economic and Financial Crimes
Commission, EFCC in April. EFCC officials and counsel were all in court for the ruling. But after the court session, EFCC whisked Emeka off to the Abuja Airport thence to Lagos. They did not tell him why he was being arrested. EFCC since then had insisted Mr. Ugwuonye must produce his passport or he would remain in custody. He has remained in prison custody till this day.
"Giving an insight into why Emeka was arrested, an EFCC official said: "We arrested four former governors and they are not talking, Emeka was arrested and released in May 2011 and he started attacking us. By the time we keep him here for two years we will know how he will get the money to pay his lawyers".
And this is coming from Nigeria's Number 1 corruption-fighting institution?
Commenting on this despicable show of power, Mr Dominic Ogbonna asked: "Does anybody know what Farida's EFCC has achieved in the last four years? How many convictions has Farida's EFCC secured?"
He continued: "The EFCC under Madam Farida is a HUGE joke. Every few weeks, they make some noise about some high profile arrest to keep the International money flowing. After that, you will NOT hear pim about the case again!
"Now, EFCC is acting as debt collectors and thugs, harassing and intimidating citizens instead of enforcing the law. Of his own accord, Emeka Ugwuonye traveled all the way from the United States to Nigeria, to meet his court date. Instead of meeting him in a court of law, the EFCC starts acting like thugs and areas boys.
SHAME on the EFCC!
SHAME on Mrs Farida and her team of hit-men.
"EFCC is a giant scam. They have done nothing to reduce corruption in the last four years, and if a mice could be corrupt, even it would not be afraid of the EFCC. It is time to compile a list of the International donors who contribute to the EFCC fund. It is time to contact these donors and bring to their attention, the notoriety of the EFCC, their incompetence, their corruptibility, and their complete ineffectiveness on the matter of fighting crime."
Commenting on EFCC's latest antics against Emeka Ugwuonye, A Nigerian Scientist based in Canada, Dr Ola Kassim wrote: "the following commentary has no bearing on whether or not I believe Emeka is innocent or guilty of all the charges that have been brought against him, including the latest Adeeyo case. My only focus is in ensuring that justice be done in' this case. Such justice must be swift and transparent as justice delayed is just denied. Emeka's fundamental human rights must be respected by the Nigerian judicial system in the context of one being innocent until proven guilty.
"Emeka does not currently meet the definition of a felon who might run away from justice. He has been granted bail twice in Abuja by two different judges. He has traveled on his own accord to Nigeria so that he could appear in court to defend the initial charges that were brought against him. The EFCC appears to have engaged in an extra judicial detention-- for its failure to arraign Emeka in court last week as earlier promised. This tantamount to an abuse of its arrest powers and it might also be technically in breach of the legal statues governing arrests and detention procedures.--at least to my untrained eyes."
Dr Kassim continued: The FGN (EFCC) vs Emeka Ugwuonye tussle is looking more and more like a David vs Goliath story. Regardless of Emeka's innocence or guilt in the cases that have been proffered against him, it would appear that he can never emerge victorious even if the court rules in his favour in all the cases..
In this particular scenario that Emeka currently faces, even if David wins he still loses big by the time all the beans are counted and the dust has finally settled..
It is not easy to fight a government anywhere in the world. A government is an amorphous entity with untold amounts of money at its disposal to spend on prosecuting or defending attorneys' fees for cases it deems important to its interests.. Even if Emeka is a multi-millionaire or has some deep pocketed Godfathers on his side--the financial resources at his disposal can never match that of the government.
It is even more difficult to fight a government in a third world country like Nigeria where the law enforcement agencies are prone to breach the protocol and procedures regarding arrests and detention at the whims and caprices of their bosses.
Emeka has unfortunately stepped on some powerful BIG toes whose owners have now decided to teach him some lessons Nigerian style. This same big toes appear bent on breaking his spirit on the way to inflicting on him untold financial ruin. The operatives in the EFCC are aware that Emeka is a single father and the sole custodian of two young children in the USA and that he is the principal of a law firm. They are fully aware that every other day they keep Emeka in detention causes additional emotional and financial stress.
The Emeka case with the Nigerian Embassy in the USA which started as a simple financial dispute between an attorney and his client is now a tangled web of political intrigue and personal vendetta laden with heavy emotional undertones between him and others in high positions of authority in the Nigerian government as well as the EFCC.
Arguably, it would also appear that some senior EFCC officials whom Emeka has castigated in the media over his initial arrest and treatment in custody are also currently engaged in a grudge match against him.
I sincerely doubt if the FGN can get a cent or kobo back from Emeka even if the court rules in its favour as Emeka can always declare bankruptcy-- after he would have spent most of his savings defending himself in court both in Nigeria and the USA.
The best scenario for a semblance of win-win scenario for both sides of the embassy refund case is an amicable binding out of court of settlement. This is is the only way the Nigerian government might recover some if its money and lose some face and for Emeka to have learnt some important lessons--including that
politics make strange bedfellows!
The optics on the latest re arrest of Emeka Ugwuonye do not look favorable on the EFCC. It would appear Emeka was lured back to Nigeria to defend the $1.5 million Embassy Funds Refund case--that the EFCC either has no intention of bringing back to court at this time (either because it is not ready) or has decided
to abandon completely due to lack of jurisdiction only to have him arrested again on another matter--the withholding of Mr Adeeyo's funds.
Whether or not the EFCC is on the right side of the law on this matter does not matter. What is happening is morally wrong regardless of the final verdicts on the Embassy Refund and Adeeyo cases. If Emeka had travelled all the way from the USA to Nigeria to appear in court on the earlier case, why would he not show up again if he was simply served legal papers requesting him to reappear in court on a later date for the Adeeyo case? Are the EFCC officials not technically in breech of court protocols on this matter? Are they not holding themselves liable to a contempt of court charge considering two courts in Abuja had earlier granted Emeka bail?
Real justice must be swift and transparent; Justice delayed is indeed justice denied. Twenty days is a too long a time to arraign an accused in court for the peupose of a bail hearing.
The EFCC should bring Emeka to court immediately for a bail hearing or simply release him! That is if the EFCC is working in the interests of the common citizens of Nigeria."
END
Another dimension was added to this saga when EFCC claimed they have charged Emeka to court. But Dominic asked: (1.) In what court was Emeka arraigned?
(2.) Who was the judge before whom he was arraigned?
(3.) How did he plead -guilty or not guilty?
He continued: "Or is it now legal keep someone in custody for 10 years, without formally charging them to court, without arraigning them before a judge, without giving him the opportunity to even do the most elementary of things -plead guilty or not guilty, or apply for bail?
What does it mean to be in the "technical custody" of the court? Which section of the constitution defines "technical custody"?
Fellow Nigerians, either the 48-hour requirement means something, or it doesn't. Its not about guilt or non-guilt. Its about the principle, and we should all be concerned, because power in Nigeria is a banana peel, and what is happening to Emeka today could easily be happening to Farida Waziri or any of us tomorrow.
I would have General Abacha or General Buhari steal and abuse my freedom using straightforward military high-handedness, than have a fellow civilian abuse my freedom using a dubious interpretation of the law.
It is only in Nigeria that people can argue whether a Vice President should be the one succeeding an incapacitated president. It is only in Nigeria that there can be an argument about whether a suspect in police custody has been charged to court, or not!
Moving on ...
"And by the way, what is this nonsense about asking for Emeka's passport? Is Emeka a flight risk? Was he not the one who bought his ticket, and flew all the way to Nigeria from the US, to honor his court date? Why is the EFCC asking for his passport, of all things?
"Let the tin gods continue abusing their power. Let those who should know better continue to cheer impunity when it suits them. Luckily for all of us, this is Nigeria, where political power is a banana peel. With a little luck, the tin gods today will themselves taste their own medicine tomorow."
END
Fellow compatriots, We use this use this opportunity to remind you all that "Justice delayed is justice denied'--William Ewart Gladstone (1809-1898)--a former British Prime Minister
"Injustice to anyone anywhere is a threat to justice to everyone everwhere"--anonymous
"Justice is a consumer product and must therefore meet the test of confidence, reliability and dependability like any other product if it is subjected to \scrutiny. It exists for the citizenry, 'at whose service only the system of justice must work'--Dr. Cyrus Das2
Thank you all
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