Since President Muhammadu Buhari appointed Ibrahim Magu as the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), he has received public backlash against his decision. The recent arrest of blogger Abubakar Sidiq Usman (aka Abusidiq) by operatives of the EFCC, has been met with tough criticism, both on and off social media. Now, although he regained his freedom a day after his arrest, some Nigerians speculate that if Magu had ordered the arrest of someone else, he may not have received such strong resentment from the people.
Who is Abusidiq?
He is a blogger and publisher of the abusidiqu.com blog. Like Japheth Omojuwa, Abusidiq was one of those who campaigned vigorously against the previous government during the last election. He is a prominent member of the Buhari Media Organisation and is well known for promoting the government’s policies. According to the information on one of his social media pages, he is an Urban Planner by profession and hopes to become politician someday.
Why was he arrested?
Abusidiq was reportedly arrested because of an article published on his site, exposing alleged corruption by the EFCC’s acting Chairman. Also, the same article titled ‘EFCC boss, Magu commences total war with core EFCC staff,’ stated that some “regular members of staff at the Economic and Financial Crimes Commission, EFCC are complaining that they are being bullied by the Acting Chairman.” The report stated that Magu is no longer happy with his non-confirmation by the Senate and suspects that some members of the commission are behind his ordeal. After spending 8 months as the acting chairman, last month, Buhari requested for Magu’s confirmation by the Senate, as the fourth chairman of the EFCC. The request by the President is yet to be granted.
However, on Monday, in a statement released by its Media & Publicity department, the EFCC reported that Abusidiq was arrested for cyber stalking.
“The Economic and Financial Crimes Commission, EFCC today arrested Mr. Abubakar Sidiq Usman, a blogger, for offences bordering on cyber stalking.
The suspect who is the publisher of Abusidiqu.com was picked up at his Kubwa, Abuja home in the early hours of Monday August 8, 2016 by operatives of the EFCC and is currently being questioned over the alleged offence which contravenes sections of the Cyber Crime Act.
The suspect has already been offered administrative bail and would be released to his elected sureties.”
Cyber Stalking explained
Basically, anyone who uses repeated electronic communications to harass or frighten someone – by sending threatening emails or spreading false messages online – is said to be cyber stalking. Section 24 of Nigeria’s Cybercrimes Act 2015 broadens what it means and stipulates penalties for those found guilty of the offence. Depending on the gravity of conviction, in Nigeria, cyber stalking is punishable by a fine of between N7m to N25m or 3 to 10 years imprisonment or both.
Should the EFCC be investigating cybercrime?
No. The Economic and Financial Crimes Commission (Establishment) Act, 2004 clearly defines the jurisdiction of the commission. The EFCC is saddled with the responsibility of investigating and prosecuting economic and financial related crimes. Which organ of government should be involved in prosecuting this kind of case? The Nigeria Police Force should, since it is in charge of enforcing law. Perhaps, in extreme cases where such activity threatens national security, the Department of State Services (DSS) can weigh in.
Is that why there was so much buzz about Freeing Abusidiq?
Perhaps. No doubt, the EFCC has acted beyond its purview, but this is the not the first time the anti-graft body has done so. Before now, the EFCC has been involved in the arresting and detaining of many Nigerians who were allegedly involved in financial crimes. Like the Department of State Services, the EFCC has been accused of violating court orders, releasing suspects in its custody.
However, despite all of these illegalities, Nigerians have never condemned the Magu-led EFCC in this capacity until now. So why was Abusidiq’s case different? Many Nigerians and foreigners have labelled the actions of the EFCC as targeted against the opposition to the present government, specifically, against those who served in the previous government. Abusidiq happens to be a founding member of the youth wing of the current ruling party in Nigeria, the All Progressives Congress (APC). In fact, President Buhari’s Personal Assistant on New Media, Bashir Ahmed, went to the EFCC office to personally ask for his release while he was in detention. Could it be because Abusidiq is pro-Buhari? This cannot be entirely ruled out. For many members of Nigeria’s APC, the blogger’s arrest was totally unacceptable. Several groups, including APC’s youth wing have condemned his arrest, and rightly so, because the EFCC acted outside its jurisdiction.
What could have happened if Abusidiq were to be a member of the opposition?
Some Nigerians have expressed that they would not be surprised if the EFCC had picked up a member of the previous government for a similar offence, and there was no campaign for his/her release. Others even think the whole #FreeAbusidiqu saga was staged; in their view, it was an attempt-gone-bad to paint a balanced picture of the lopsided anti-corruption drive of the present government.
So why should Nigerians care?
President Buhari may need to call Ibrahim Magu to order (if he believes the EFCC has been acting outside the context of its provisions). Irrespective of what political beliefs Abusidiq upholds, the action of the EFCC is still out of line. And Nigerians, regardless of their political affiliations, should be ready to speak up against the excesses of any branch of government. The current action of the anti-graft agency is one that tends towards clamping down on the freedom of the press, which will only take Nigeria back to the old military days. If #FreeAbusidiq does not cost Magu his chairmanship confirmation, then, he should prepare to face more heat, especially from those within the sphere of the present government.
