Don't cry for Tafa Balogun

The Chinese axiom, which states that “the fish rots from the head,” has a staying power and is well and alive in Nigeria. It is vested with veracity, which has yet again been proven with the recent confirmation of long known allegations that Nigeria’s top cop, Inspector-General of Police Tafa Ayodele Balogun was involved in many less than honest dealings. His recent and belated removal from office brings to full circle those allegations. Those who want to take credit for his removal can go ahead and do so, but his improprieties, when eventually proven beyond doubt, will also be an indictment of the government that appointed him and allowed him to stay in office this long.

The immediate retirement of Mr. Balogun who has been the IGP since March 2002, when he succeeded IGP Musiliu Smith takes effect from March 6, 2005. A trained political scientist and lawyer, who was appointed a Cadet Assistant Superintendent of Police 1 May 1973, his nearly 28 years in the police force is ending in a well-deserved ignominy. His retirement did not come one day too soon nor will he be missed. The question Nigerians should be asking; is will he go to jail for his crimes and public breach of trust and ethics, if found guilty?

IGP Balogun and those who appointed him are aware that provisions of the Nigeria Police Act, provides for a broad range of professional and ethical standards for police officers. The provisos include incorruptibility, efficiency and thoroughness, tact, patience and tolerance, impartiality and strict truthfulness in the handling of investigations and in the giving of evidence. As far as we are aware, IGP Balogun violated many of these norms. Assuming that he violated just one of them, “incorruptibility” – that was one too many.

As inspector general of police, IGP Balogun’s tenure was “dead on arrival”. Indeed, one wonders how he made it to become the IGP. It will be recalled that at the risk of being sued for libel and slander, one of Nigeria’s reputable new magazines The News in its July 29, 2003 edition catalogued the numerous “shady deals” IGP Balogun was allegedly involved in. The magazine offered with scrupulously rendered details, how the IGP routinely shook down public officers, using the instruments of state security to extort money, pervert justice and to acquire real estate from state Governors. The magazine further alluded that state commissioners of police were frequently used for such nefarious schemes. Everyone expected IGP Balogun to sue the magazine or resign. He did neither. Silence being consent, his not refuting these allegations, might have been the catalyst and premise on which the Economic and Financial Crimes Commission (EFCC) went after him.

As it turned out, this analyst understands that IGP Balogun was called into the presidency on the evening of Monday 17 January, for what was supposedly a routine consultation. Indeed, those close to him said he believed that President Obasanjo wanted to discuss the wave of armed robbery Edo State, which was getting out of hand and was well beyond the scare created by Lawrence Anini and his gang during Etim Inyang’s tenure as the IGP. Balogun was dead wrong.

Once at Aso Rock, he was reportedly confronted with a scathing report from the EFCC, detailing incontrovertible evidence of his dishonesty and unjust enrichment. In particular, IGP Balogun was reportedly confronted with bank documents, linking him to the lodging of huge sum of money, totaling several billion naira, in accounts with the Fountain Trust Bank in Lagos. Without any justifiable exculpatory explanation for the evidence, IGP Balogun was said to have acceded to the demand from the President that he should tender his resignation immediately by serving notice of voluntary retirement. The choice was clear - resign or be fired. One concession the president was said to have made to the IGP, was to allow him the public dignity to retiring in 6 March 2005, thus completing exactly three years in the office. As has been widely reported in the Nigerian media, it was a pained, visibly angry, and very disappointed President Obasanjo that confronted his egbo (kinsman) with evidence of his official malfeasance.

Paradoxically, as protocol, demanded on such occasions of retirement, albeit a forced one, the president also conveyed to IGP Balogun “his appreciation on behalf of the nation for his past services and wished him a happy retirement.” The last bit about “happy retirement,” it seemed, was merely pro forma, if not a ruse. Not long after Balogun’s retirement was made public with the announcement of Deputy Inspector General Sunday Ehindero, as his interim successor, the EFCC, as if feathering its own nest, proclaimed in a chest thumping manner, that its investigations were responsible for the IGP’s downfall.

Just as Suleiman Ajibade, the deputy spokesman of the EFCC was confirming that IGP Balogun had been “under investigation for money laundering, treasury bill and commercial papers scam,” his boss, Nuhu Ribadu, the Chairman, of the EFCC told the BBC's Hausa Service program, on Tuesday, January 18, 2005, that “It's the work we carried out which led to the government taking that decision…..It shows that the government is sincere in its efforts to tackle the menace of corruption……If the government cannot spare a security chief, it means nobody is a sacred cow in this battle.”

According to Ajibade, “The commission has identified eleven different accounts in Fountain Trust Bank that have been traced to him. The amount involved is over one billion naira. The investigation began last year and is continuing. Officials of the bank are also being quizzed.” Knowledgeable sources close to the investigation allude to the amount in question being around N1.5 billion. There are also some speculations that other banks, with which the former IGP might have had dealings with, were also under scrutiny. If that is the case the Fountain Trust Bank accounts, might be just the tip of the iceberg. Apart from IGP Balogun, some top-ranking executives at the Fountain Trust Bank are believed to be in trouble. The former managing director of the bank, Mr. Shegun Aina and well as his successor, Mr. Odunlami Kola Daisi had both been quizzed by the EFCC and might have become Balogun’s Achilles Heel.

One curious twist to this whole saga which points to the dissembling way the Nigerian government functions, is that the Independent Corrupt Practices and other Related Offences Commission (ICPC), which also has statutory oversight for financial misapplications, claimed not to have received any complaint about Balogun’s financial irregularities, and as such, was not investigating him. This development has led to insinuations that the EFCC was on a witch-hunt against the former IGP. But only time will tell, if the ICPC not being engaged in this matter arose from lack of collaboration between the pertinent government agencies, incompetence on the part of the ICPC or zealotry on the part of the EFCC. Already, the counsel for former IGP Balogun, Dr. Olatunji Abayomi, has cautioned the EFCC on the essence of due process. In an open letter published in the Nigerian media, he reminded the EFCC that for the “investigation to be conducted in a civilized manner, we hold the view that it should be conducted without malice or public campaign of guilt as it has become characteristic of EFCC's proclaimed investigation of Tafa Balogun.” But to this writer and perhaps so for many Nigerians, if in the end Tafa Balogun is not found guilty of graft and financial misconduct, he would still not deserve to have remained in office as the IGP. Here are some reasons.

Other Missteps By the Top Cop

It will be recalled that just a few days after he assumed office in 2002, IGP Balogun, in a hare-brained idea announced the launching of “Operation Fire for Fire” aimed at containing the proliferating crime wave in the country and especially in Lagos. He picked his minions and formed them into a well-equipped detachment of 500 police officers, with a mandate “to use their guns to protect themselves or subdue armed criminals". This was reminiscent of the “Kill and Go” squad from the 1980s, for indeed, by June of 2002, the Nigerian police acknowledged that at least some “225 criminal suspects” had been killed by the squad. That such extra-judicial killings were without due process mattered not. Neither did it matter to IGP Balogun that within the same timeframe four civilians not accused or suspected of any criminality had also been killed by the same squad.

Barely six months into his tenure, there were calls for IGP Balogun’s resignation over the killing of civilians. The Democratic Socialist Movement (DSM) in its 26 July 2002 special bulletin had this to say: “We demand the immediate resignation of the Inspector General of Police, Mr. Tafa Balogun and the police top hierarchy over these heinous killings and general police brutality against strikers and protesters.” Ironically, IGP Balogun’s response was that "Commissioners of Police, Area Commanders and Divisional Police Officers-would henceforth be held responsible for cases of indiscriminate shooting in any state command, area or police station." Given the gravity of the issue at hand, such a response, in essence, amounted to his being cleaver-by-half. If commanders and officers under his supervision were not performing or engaged in acts of brazen brutality, he was vicariously liable.

Throughout his watch, as the IGP, Nigerian witnessed with a deep sense of trepidation the killings of prominent politicians. What was more alarming was that IGP Balogun and his police force could not resolve the murders or were unwilling to do so. Hence, as he leaves his exulted office, he is passing to his successor some critical and the unfinished dossier and murder case files. They include those pertaining to the murder of the nation's top law officer, Chief Bola Ige; the Peoples Democratic Party (PDP) national vice chairman for the South-south zone, Chief Aminosari Dikibo, Chief Harry Marshall, an All Nigeria Peoples Party (ANPP) chieftain and many others.

The former IGP also has under his belt, the dubious distinction of countenancing the acts of calumny that has all but destroyed Anambra State. It was under his watch that police contingent under the command of late AIG Raphael Ige acting under the behest of Chief Chris Uba, and on orders from above – read Abuja - effected the abduction of Governor Chris Ngige on July 10, 2003, in a bid to remove him from office under duress. More recently, also under Balogun’s watch, various Anambra State institutions and Governors lodge were either torched or bombed by political tugs and hoodlums, as the Nigerian police stood by indifferently. Hence, those who continue to assert that the IGP Balogun has been an agent of destabilization in Anambra State may not be far from the truth. A Sunday Punch piece on November 14, 2004, titled “Solving the Anambra Conundrum,” correctly remarked that “discussion on the Ngige - Uba imbroglio will be incomplete without mentioning the ignoble roles played by the Attorney General of the Federation, AGF, Chief Akin Olujinmi and the Inspector General of Police, IGP, Mr. Tafa Balogun.” Apropos Balogun’s role in the Anambra saga, Banjo Odutola, in his August 2003 piece titled “Who is Tafa Balogun?” had hit the nail on the head:

Hold your breath and ask in what civilized nation in the world would Mr. Balogun remain in his job as the IGP, who allegedly is a part of the putsch? Should he not have been suspended pending investigation? At least, as a volte-face, Mr. Obasanjo ought to suspend him from office for the allegations of his complicity. Whilst the IG remains in office, justice will never be served. It appears that he is handed a carte blanche to cover his tracks. It is a waste of time setting up any inquiry into what happened. A criminal investigation, which cannot be interfered with by the IGP is required to assure the nation of the probity that this president preaches like a gospel from his Aso Rock Chapel.

Ever since the regime of Murtala Muhammed came to power in the summer of 1975, the careers of too many Nigerians public servants have been truncated prematurely, some rightfully so, and others not. Such happenstance tends to elicit sympathy, given the implication the loss of one’s job might have for members of the extended family and other dependants. This is not in any way the case with Tafa Balogun.

As Nigeria’s chief cop, Tafa Balogun, and his likes became part of the myriad of problems and challenges facing Nigeria rather than part of the solution. He belongs the cabal and political class that continue to bleed Nigeria to death, who hold the view that if you serve in government, and therefore have the opportunity for self-enrichment, but do not utilize the opportunity, you are deemed a fool. The greatest danger people like Balogun pose to Nigeria is first, that they are charged with looking after and leading men who look up to them and who, in the case of the police, are licensed to carry guns and enforce the law. Ironically, they frequently enforce the law to serve their personal interests. But then, look at who their leaders and role models are. Second, they whimsically arrogate to themselves, the right, and wisdom of knowing what is best for Nigerians. Finally, they have brought to Nigerian public service a new, destructive, insidious and egregious form of impunity and disregard for the rule of law.

As things stand, I am not concerned whether it was N1 million or N1.5 billion that was found in Tafa Balogun’s account. If it was just one naira that he could not account for as having earned legitimately, then he is as guilty as the man who stole billions, given his position. I find it most disquieting that this IGP, who once told the National Assembly that the creation of state police or local police would create chaos, leading to balkanization of the country, failed to tell them why. He failed to tell them that while such a decentralized structure of command and control was not essentially bad for effective police work, and that despite its pitfalls would create better security and enhance both community policing and grassroots law enforcement. Finally, he did not tell the House Members that his opposition to the concept was both political and personal; that he opposed it, in part, since it would dissipate his powers, clout, and ability to garner ill-gotten wealth from the width and breath of the country. Tafa Balogun did not say all he was supposed to say on this matter, since doing so, clearly, was against his personal vested interests. But really, what kind of business outside police work did Mr Balogun do that would have earned him one billion naira in his twenty-eight years on the police force, talk less of his three years as the Inspector General of Police?

The unfolding revelations about IGP Balogun are symptomatic of the trouble facing Nigeria. Those charged with law enforcement often hide behind the fact that mere allegation or petitions from anonymous whistle blowers are insufficient to start an investigation or probe of corrupt public officials. This should not be the case. Such allegations, should in the least, be explored, if not pursued adroitly since more frequently than not, every allegation has an iota of validity to it. In instances where the allegations are proven to be frivolous, those who make them should be punished. Had President Obasanjo heed the revelations by The News magazine about this chief law enforcer, this matter would have been dispensed with long ago.

The Nigerian police force is one of the most corrupt. We have known this for a long while. Now we know too, that the rot and the “Wetin you carry?” culture brazenly starts from the top down not the other way round. I would like to be a fly on the wall in police barracks as the rank and file of the force discuss the excessive loot and wealth attributed to their former boss, when individually, they are all underpaid and frequently ill-equipped to do their job. I am sure, most of them will ask, as I have frequently asked myself; how much of those funds were meant for police welfare, training, and emolument? And how much came from police contracts that are still unfinished or from protecting those who have committed crimes against other Nigerians and against the state? How much? Even at its so grossly devalued rate, one billion naira is no chicken change.

I have also wondered, assuming the allegations against the former IGP are proven; if one man alone can spirit away N1 billion from the public coffers, how his other crooked colleagues and those public servants who control huge government revenue accounts are doing? All I can muster in response, is that the impunity of corrupt Nigerian public officials, like their ego and greed is proportional to the size of their private bank accounts, which unbeknown to Nigerians are stuffed with public loot. I realize that such an inference, is as damaging to the Nigeria’s image as it is to the integrity of honest public servants, for obvious reasons.

I do not hold my baited-breathe that Tafa Balogun will ever do time in jail for official corruption or related offences. My hardheaded realism informs otherwise. If he did time it would be unprecedented and also un-Nigerian -- thanks to the ruling PDP’s policy of treating every national crisis as a family affair. Think of all those who have been publicly accused of fraud, bribery and looting public coffers. They all still walk our streets, fly in and out of our airports and flaunt their ill-gotten wealth without worry. Many more continue to masquerade as democrats and the custodians of our national conscience and probity. I suspect that IGP Balogun’s main crime was being found out. If his is a corrupt public servant, he is certainly not in a league of his own. He and most Nigerians know that for a fact. In this context and since we live in a democracy, I concur with Balogun’s attorney, Dr. Abayomi, that

“where accusation is made against him, due process requires that investigation of such accusation should be conducted with proper professional manners. His name and integrity should at least be given procedural courtesy while the presumption of innocence lasts.”

But all said, let me hasten to add that I have had this funny feeling that Tafa Balogun’s fate might indeed be, by a quirk of destiny, different. There comes a time when a fall guy emerges. Each succeeding regime in Nigeria has made an example of a fall guy or another to prove a point. In such instances, the law has been expediently allowed to take its course. Therefore, as President Obasanjo begins to contemplate his eternal legacy, it will not be surprising that Tafa Balogun might be the unlucky one with whom he will set an example about his commitment to tackling corruption. If so – tough luck! Like all things, we sit and watch. For now, there are two things not worth doing – crying for the fate that has befallen Tafa Balogun and holding our breath that he will be used to set an example for other Nigerian public servants, about what will henceforth happen to corrupt public officers when found out. Really, why bother, when it has never been the norm in Nigeria to punish those involved in corruption? I rest!

With neither anger nor partiality, until next time, keep the law, stay impartial, and observe closely.

Hank Eso, is a columnist for Kwenu.com. His commentaries on Nigerian politics and global issues have appeared in The New Times (Lagos), African Profile International (New York), The Nigerian And Africa Abroad, (New York) and in Gamji.com.

THE IMPARTIAL OBSERVER

Hank Eso