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FOI: EFCC Denies Exonerating Ex-Governors Ibori, Marwa And Attah; Claims It Cannot Find Its Own Letters And Therefore Did Not Write Them

The Economic and Financial Crimes Commission (EFCC) has officially dissociated itself from letters purportedly written by the former chairperson of the Commission, Mrs. Farida Waziri, to absolve ex-Governors James Ibori, Buba Marwa and Obong Victor Attah of criminal acts in relation to the use of Wing Aviation for money laundering and financial crimes, as well as inappropriate conversion in the Econet share sales, which is still being probed by the London Metropolitan Police.

The Economic and Financial Crimes Commission (EFCC) has officially dissociated itself from letters purportedly written by the former chairperson of the Commission, Mrs. Farida Waziri, to absolve ex-Governors James Ibori, Buba Marwa and Obong Victor Attah of criminal acts in relation to the use of Wing Aviation for money laundering and financial crimes, as well as inappropriate conversion in the Econet share sales, which is still being probed by the London Metropolitan Police.

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It has also disclosed that it has not closed its investigation of the former governors.  

The EFCC denial is contained in a counter affidavit filed by one of its lawyers in response to Suit No: FHC/L/CS/921/11, which was filed by HEDA Resource Centre under the FoI Act.

HEDA had requested those letters exonerating Ibori in the allegation of using Wings Aviation for money laundering; Mohammed Buba Marwa in allegations of financial crimes and money laundering; and Obong Attah from money laundering cases that were being investigated by the EFFC.

The request was supported by the provisions of the FOI act. The Commission's failure to respond to the requested prompted HEDA to file a motion on notice, supported by an affidavit to substantiate its demands.

According to the Commission’s counter affidavit, such letters as purportedly exonerated the above-mentioned former public officials governors were not written by the EFCC, and the publication of NEXT newspaper of June 26th, 2011 neither emanated from the EFCC nor were authorized by it.

Furthermore, the Commission stated that after a thorough search of all the correspondence emanating from the office of the executive chairman of the EFCC, there is no indication that the letters were written, emanated from or were authorized by the EFCC, meaning that no such letters are in the custody of the EFCC.  The Commission also said that its investigations of the ex-governors have not been closed.

This response seems to be an afterthought as the Commission failed to initially respond to HEDA's request as provided for in section 1(1) of the FOI act 2011 which states, “Notwithstanding anything contained in any other act, law or regulation, the right of any person to access or request information, whether or not contained in any written form, which is in custody or possession of any public official, agency or institution whatsoever is established.”

Contrary to expectations, the EFCC urged the court to "dismiss HEDA’s case in its entirety since it cannot produce documents that are not in its possession or custody".

This submission contradicts intelligence practice. The Commission as a law enforcement agency, committed to the rule of law, is expected to have responded to the original request within the stipulated time and subsequently commenced investigation on the veracity or otherwise of the news report.

According to HEDA, “The assertion of the Commission is therefore considered an affirmation of an ongoing investigation cum prosecution of the concerned personalities in line with these allegations.”

HEDA chairman, Mr. Suraju Olanrewaju, affirming his organisation's commitment to accountable leadership, said that HEDA will work with the EFCC to ensure the prosecution of indicted public office holders while also engaging NEXT publishing house to expose individuals and or groups behind the issuance of the letter in question.

The case has been adjourned to October 19.

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