President Umaru Yar’ Adua appears to have clipped the wings of the Economic and Financial Crimes Commission (EFCC) which in recent Times upped the anti-corruption ante by arraigning some ex-governors in court for alleged corrupt practices while in office.

The President directed last night that henceforth EFCC, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Code of Conduct Tribunal as well as All other Agencies involved in the prosecution of criminal offences must seek the consent of and report to the Attorney-General of the Federation and Minister of Justice, Michael Aondoakaa, in their activities.

The President said such powers had been conferred on the Attorney-General pursuant to Section 43 of the EFCC Act 2004.

But Lagos lawyer, Mr. Femi Falana, said President Yar’Adua’s decision contravenes the verdict of the Supreme Court on the Power of prosecution.

The President dismissed insinuations that he was checking the powers of EFCC in order to protect some former governors who assisted him financially during the presidential campaigns.

President Yar’Adua, who spoke through his Special Adviser on Communications, Mr. Olusegun Adeniyi, said because of the administration’s respect for due process and rule of Law, the Attorney-General had also been granted a request he made earlier to ensure better coordination among All Law enforcement Agencies in order to check the incessant multiple criminal prosecutions.

While emphasising that the Yar’Adua administration would not protect looters of Public Funds even if they had bankrolled the presidential campaigns or were highly placed in the society, Adeniyi stated that “President Yar’Adua firmly believes that in fighting corruption, nobody and no institution, and this includes the Presidency and himself as President, should be seen to be above the Law and the Constitution.

“It is for this reason that he today granted the following requests of the Attorney-General and Justice Minister:

“That All Agencies involved in the prosecution of criminal offences such as the EFCC and ICPC should report and initiate criminal proceedings with the consent and approval of the Attorney-General of the Federation as specified in relevant sections of the Constitution.

“That the Attorney General of the Federation exercise powers conferred on him pursuant to Section 43 of the EFCC Act 2004 to make rules or regulations with respect to the exercise of any of the duties, functions or powers of the EFCC.”

On the President’s reaction to media reports that he was interfering with activities of the EFCC to protect some friends and Associates , Adeniyi said: “The attention of President Umaru Yar’Adua has been drawn to media reports suggesting that he is hampering the activities of the EFCC in the fight against corruption.

“Specifically, the slant in most of the stories is that because the President intends to ‘protect’ some former governors who allegedly bankrolled his campaign, he has decided to curb the powers of the EFCC.

“I State very categorically that nothing can be farther from the truth. President Yar’Adua is very serious about his commitment to instilling discipline, transparency, respect for the rule of Law and due process in the conduct of Government Business and remains resolute in his resolve to fight corruption and abuse of office,” he added.

Speaking further on the requests allegedly made by the Attorney-General to the President, Adeniyi stated that “President Yar’Adua has also granted the Attorney-General’s requests to ensure better coordination among the country’s Law enforcement Agencies and avoid untidy multiple criminal prosecutions as Are being currently undertaken by the EFCC, ICPC and Code of Conduct Tribunal in respect of the same alleged offences.

“Without prejudice to the foregoing, President Yar’Adua wishes to assure All Nigerians that his Administration will never provide a safe haven or escape route for anyone, no matter how highly placed they may be and irrespective of whatever role they played or claim to have played in his election, if they Are found to have soiled their hands by looting Public Funds for their personal aggrandizement.”

He also emphasised that “the President will support All the Agencies of Government responsible for bringing to Justice people found to have abused their offices either in the past, now or in future. In doing so, however, the President is mindful that any goal pursued without recourse to due process and rule of Law will be antithetical to the promotion of our democracy and can only achieve short term results.”

The Presidential spokesperson also said that “the decision to enforce the powers of the Attorney-General of the Federation was solely motivated by President Yar’Adua’s respect for due process and the rule of Law and not by any desire to shield anybody from criminal prosecution.”

Adeniyi quoted Section 174 of the 1999 Constitution sets Out the powers of the Attorney-General of the Federation. The section states as follows:

“The Attorney-general of the Federation shall have Power -

(a) to constitute and undertake criminal proceedings against any person before any court of Law in Nigeria , other than a court-martial, in respect of any offence created by any Act of the National Assembly.

(b) to take over and continue any such criminal proceedings that may have been instituted by any other Authority or person and

(c) to discontinue at nay such criminal proceedings instituted or undertaken by him or any other Authority or person.

(2) The powers conferred upon the Attorney-General of the Federation under sub-section (1) of this section may be exercised by him in person or through officers of his department.

(3) In exercising his powers under this section, the Attorney-General of the federation shall have regard to the Public interest, interest in Justice and the need to prevent the abuse of legal process.”

Some ex-governors who allegedly sponsored Yar’Adua’s election were said to have been uncomfortable with EFCC powers and had reportedly made moves to cut the commission to size.

And in a move that lent credence to that, the Attorney-General of the Federation had said last Thursday that the “excesses” of EFCC would be curbed.

But in a telephone interview with THISDAY last night, Falana said: “The directive of President Yar’Adua that approval of Federal Attorney-General be sought before the filing of any case by EFCC is a deliberate ploy to stop the planned prosecution of some sacred cows among corrupt Public officers.

“Since the decision contravenes the verdict of Supreme Court in Osahon v FGN where it was held that the Police and other investigation Agencies do not require the fiat of Attorney-General to initiate criminal prosecution, the Presidency should withdraw the illegal directive forthwith.

“A regime that claims to abide by the rule of Law must not disregard legal matters already settled by the Supreme Court. Instead of castrating the EFCC, the Presidency may wish to advise the Attorney-General to file nolle prosequi in respect of cases filed by EFCC against governors,” he said.

In his own reaction, Chief Gani Fawehinmi (SAN) said: \"I think this is a tactic by the President to prevent the prosecution of some governors and this is dangerous for the anti-corruption war in Nigeria ... I am saddened by this Development . It cannot be accepted by Nigerians who believe in the anti-corruption war.\"

Fawehinmi, who spoke from his hospital bed in London, said what the Government has just done \"is very dangerous for the political stability of the country\".

EFCC began to arraign some allegedly corrupt ex-governors in court about six weeks ago after what seemed an initial lull.

Among some of the ex-governors that have had their days in court for alleged corrupt practices Are Chief Joshua Dariye (Plateau), Chief Orji Kalu (Abia), Rev. Jolly Nyame (Taraba), Alhaji Saminu Turaki (Jigawa) and Dr. Chimaroke Nnamani (Enugu).

Dariye, Kalu, Nyame and Turaki were arraigned in Abuja while Nnamani appeared before the Federal High Court in Lagos .

All of them have been released on bail but with stringent conditions.

The arraignment of more ex-governors was expected to follow.

Only last weekend, revelations emerged that a court in the United Kingdom had given an order freezing Assets of former Delta State Governor , Chief James Ibori, worth N5.2 billion in that country.

EFCC had entered into a plea bargain with some of the ex-governors it arraigned in court under which they will forfeit Assets acquired illegally in Exchange for freedom.