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Date Published: 09/26/09

THE CASE OF LONDON METROPOLITAN POLICE, EFCC, ADFI, AONDOAKAA, IBORI AND ATTAH By Dr. Usoro Okon James

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        I was researching when I came across an article on Clearance of ex-governors written by one Ise-Oluwa Ige published on pages 47 and 49 of Vanguard newspapers September 18, 2009; and another letter to the Editor by one Obi Nede-Odu on why Aondoakaa was right and wrong for issuing the Press Statement clearing the ex-governors on the sale of the Delta and Akwa Ibom States’ shares in V-mobile networks. Tinubu’s press statement was also of tremendous help. Those pieces made my research and write up easier by highlighting all the issues in disputation. They have also clearly brought out the fact that ex-governor Tinubu’s name did not have to be mentioned in connection with this matter and that ex-governor Attah has never been indicted either in the case of the V-mobile sales or any other charges despite the avalanche of petitions against him.

I could remember when Attah was governor; he had openly invited the EFCC by requesting President Obasanjo to order an investigation of him.    More recently, the office of the African Peer Review Mechanism (APRM) inadvertently included Obong Attah’s name in the list of corrupt governors. Obong Attah took the unprecedented step of suing the Federal Government which, on realising its error, did not only issue an apology which was published in several newspapers, but also made an out of court settlement of N25m (twenty five million naira) to Obong Attah.

My research findings have revealed that, with respect to the sale of V-Mobile shares, it was an organization, Akwa Ibom Industrial and Investment Promotion Council (AKIIPOC), under Attah’s administration, and African Development Fund Incorporated (ADFI) that were investigated for possible wrongful payment or money laundering. The EFCC after its investigation had not only cleared the two organizations but also have withdrawn the case which they had instituted in an Ikeja High Court.  

The problem of corruption is a sad reality throughout history and throughout the world.  Unfortunately today it seems to be a particular affliction of the less developed or developing countries.  Nigeria admittedly has its share of these challenges.  Because this is a global phenomenon that needs to be fought globally, Nigeria has always welcomed the assistance of the international community to fight this scourge.

        In providing assistance, the international community must avoid the appearance of an eager beaver.  The London Metropolitan Police certainly does not have a reputation of sloppiness and that is why it was difficult to believe that it could have allowed itself to be so misinformed and so misguided as to make such a charge as it was claimed to have made against Obong Victor Attah - a charge of conspiracy to defraud Akwa Ibom State in respect of the fees that the government of Akwa Ibom State, through AKIIPOC had paid in 2005 to ADFI for services rendered by that company regarding the sale of the state government shares in V-Mobile networks.

        Nobody, not the EFCC that had investigated this matter for two years, and not even the Metropolitan Police, has denied the volume of work that ADFI had undertaken in the sale of those shares, nor has anyone suggested that the fee of 5% paid to ADFI in respect of the work is excessive or beyond industry standards.  So there was obviously no basis for such a preposterous charge against Obong Victor Attah.

        Such action by the Metropolitan Police would be capable of doing great damage to a man whose impeccable credentials are known even to the British High Commission in Nigeria.  During the official visit to Akwa Ibom State, Mr. Richard Gozney (then British High Commissioner) had this to say about Obong  Victor Attah who was governor of the state at the time: “In Akwa Ibom State, Attah has redefined governance.  He has given a new meaning, a new face and a new structure to governance in the state.  He has become the instrument through which the yearnings and aspirations of the people are identified and delivered”.

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        At an official send off cocktail party in Ikoyi, Lagos for the High Commissioner, Mr. Gozney singled out Obong Victor Attah from among the thirty six governors in this country as one of the exemplary leaders of this nation. Similarly, the respected Baroness Linda Chalker during the signing of the contract for the construction of the Independent Power Plant (IPP) in Akwa Ibom state was equally effusive in extolling Obong Attah’s qualities as a prudent and conscientious leader of high integrity.

        In the meantime, after two years of investigation, the lawyers to ADFI wrote to EFCC asking about the outcome of their investigations. In a letter dated 21 st January, 2009 with reference CR:3000/EFCC/ABJ/ASO/TMC/Vol.8/, EFCC had this to say:  “Investigation into this matter is concluded and no case of money laundering established against your client.  Subsequently your client’s accounts defreeze.  This letter is without prejudice to further revelations”.

        Since this letter, there is no indication that there have been any new revelations.  Rather the letter was followed with another, advising Access Bank that ADFI was now free to operate their account on which a caution had earlier been placed.  Finally in the High Court of Lagos State, in the Ikeja Judicial Division, holden at court No. 27 (Criminal Division) on Wednesday, the 21 st day of January 2009, before the Honourable Justice M. Olokoba (Judge), an application made by G. O. Adebola for the prosecution (EFCC) to withdraw the case, was granted by Justice M. Olokoba and the matter was struck out.

        So it is not possible, as is being suggested by some publications that the Metropolitan Police in London could have construed all this to mean that Obong Victor Attah, who was the governor at the time of the transaction, had stolen state government funds to pay ADFI.

There has always been a healthy and robust business relationship between Nigerian governments and businesses with Britain. Already this relationship is being threatened by the expanding scope of the world economy.  While it is not being suggested that we gloss over or tolerate impropriety, it would be a pity if this relationship is further damaged through over zealousness in the fight against corruption.

Unfortunately a number of people and organizations without the full understanding of the issues have attacked Attorney-General of the Federation for protecting the sovereignty of this country and its (innocent) citizens. If any statement should be condemned therefore, it is should be that of EFCC for making sweeping statement that the ex-governors (including Tinubu that was never involved) have not been cleared, without stating in what respect. The EFCC need to realize that the time for labelling people licentiously and playing to the gallery is over and should settle down to serious business.

Dr. James ( ousoro@yahoo.com ), a Researcher and Social Critic, is based in Abuja.

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