EFCC vs. DSS

thenationonlineng.net

This is ominous for the presidency

The accusations are grave and harsh words are deployed by both sides in a manner much unbecoming of critical national security agencies. It has finally become public knowledge that there is no love lost between the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC).

Rumours of serious division between these two arms of the law had been abroad but there was no proof until midweek when the DSS levelled a not-so-veiled but serious accusation against the EFCC.

The DSS, which is the chief internal security agency of the country, had apparently leaked a story to the press to the effect that the EFCC may be shielding from investigation and prosecution, a former presidential aide, Kingsley Kuku, who was Special Adviser to President Goodluck Jonathan on the Federal Government Amnesty Programme on the Niger Delta.

While the EFCC had been investigating Kuku since 2015 without making much headway according to it, the DSS accuses Kuku of not only sponsoring militancy in the Niger Delta, but that he is being protected from facing the law by the EFCC.

The DSS did not mince words: “It is sad to note that in the course of our investigation, we discovered that an agency, which is also saddled with an investigative authority, is rather creating a platform for criminal fugitives.

“We discovered in particular, a fugitive who is widely known to have looted our common wealth, still has the audacity to use the machinery of that particular agency to harass and haunt adversaries who are aware of his loot and heinous crimes.

“From our findings, we discovered that the agency in reference is now in criminal connivance with fugitive Kingsley Kuku, a former special adviser to President Goodluck Jonathan…

“Sadly enough, the agency in question which claims to be investigating the fraud, is ironically directly and brazenly facilitating the concealment of the looted several billions belonging to the Niger Delta Amnesty Programme.”

These indeed are grave and weighty allegations bordering on treasonable felony, security breach, grand larceny, collusion and evasion of justice. The DSS is perhaps the number one security agency in the land while the EFCC is arguably the topmost anti-graft agency.

For the EFCC to come under such heavy allegations from no less a body than the DSS has put its integrity to serious question. We recall that the DSS had written a report against the acting chairman of the EFCC which has stalemated his approval by the Senate. It is also common knowledge that there is no love lost between the heads of the two agencies. Notwithstanding, these allegations are too serious to be ignored.

In its response, the EFCC denied shielding Kuku from justice saying: “For the avoidance of doubt, EFCC is investigating the Amnesty Office managed by Kuku. The commission was compelled to declare him wanted in July 2015 after he failed to honour an invitation sent to him for interrogation on July 28, 2015.

“Rather than appear before the team investigating him… he sent a letter through his counsel… claiming that he ‘is currently in the United States of America to keep an appointment with his doctors,’ with a promise to appear on September 30, 2015. He never did, and his last known place of abode has remained the US, a different territorial jurisdiction.

“It must be stated unequivocally that the EFCC has no personal interest, or business with Kuku, other than the fact that he is a fugitive, who is wanted by the commission to stand trial in Nigeria. The allegation in the reports that ‘the agency is in criminal connivance with fugitive Kingsley Kuku’ is a blatant lie.”

The DSS’ claims hold no water since two courts have restrained the EFCC and other security agencies, including the DSS and police from arresting, detaining and prosecuting Kuku pending the determination of an appeal on this matter. They include Justice ObongAbang of the Federal High Court in Lagos and Justice Valentine Ashi of the Federal Capital Territory High Court. We hope the DSS does not expect the EFCC to recall a fugitive when the court of the land restrains any action.

Again, the DSS is an agency of the Federal Government like the EFCC. What we expect is not open accusations but inter-agency dialogue and courtesy that should breed results. The DSS is at first a security outfit and should defer to the EFCC on corruption matters.

The larger issue however is that an open feud and inter-agency rivalry has exposed the dysfunction of and, indeed, weakness in the presidency. That the bickering blows up in the press is indeed troubling and ominous. It is a telling signal that nobody is in charge. This is a matter that ordinarily would be under the purview of the commander-in-chief.

The larger import is that if strategic agencies are compromised in the manner being suggested here without anyone to restore order and sanctity quickly, the state is then in dire danger of being undermined.

We urge the Presidency to order an urgent investigation into the tension and nip it in the bud.