Opinion: AFTERMATH OF BINANCE EXECUTIVE ESCAPE FROM A DETENTION CENTRE: TRUNCATING FUTURE ESCAPE AND NETWORK!

By ACG James Sunday, PCC, FCAI.

The Conventional practice among security agencies in cases relating to exposed persons politically, economically and financially with respect to being placed on watchlist or Suspect Index is an age-long traditional security practice , where any such agency concerned with investigating or handling such personality liases with the Nigeria Immigration Service(NIS), Department of State Services(DSS) for watchlisting and placement on suspect index.

The NIS, as the lead agency in Border Security and Migration Management, has advanced in human mobility monitoring and surveillance using state of the art tool known as MIDAS to keep eye on person(s) of interest until there is a court vacation order or executive directive to the effect, directing the Comptroller General of Immigration Service to vacate or lift the restrictions imposed on the person or group in view of the issue prompting watchlisting,by a government decision, a breach of the law or need for arrest on sighting at any point at a land, Sea or Air port of entry or exit as the case may be.

Sighting the case of Abdullahi Abdulrasheed Maina vs Federal Government of Nigeria, where the Nigerian Police Force in 2012/13 declared him wanted, the discrepancy in the name was a subject of controversy, while the police wrote requesting to arrest at sight by way of watchlisting him on the names Alhaji Abdulrasheed Maina, the subject does not bear Alhaji rather he goes with the name Abdullahi which was the missing link in the request and vital for precision arrest.

To avoid identity clash or mistaken identity, he escaped the arrest using land border instead of Airport or Seaport ,where he would have thumb printed and possibly the true identity will flag-off, considering vagueness of information, wrong identity and lack of finger print or other advance identification technology at the land border as at then,with the Mainas experience and advancement in technology,the NIS deployed the tool known as Migrants Information and Data Analysis System (MIDAS) a tool used for identity verification of prospective travelers at the point of entry or departure, it analysis and identify using the thumb print, these has increased the proactiveness in sharing credible intelligence, real time, and effecting arrest without identity variation, without which, arrest will always be difficult and making way for the escape of a wanted person.

The Issue of wanted persons escaping arrest has many frontal issues, ranging from connivance, deliberate attempt to frustrate or sabotage further investigation by operatives or government itself or government of the home country of the suspect in question using clandestine or network of illegal connections to frustrate the process , the person involved may be highly connected to very influential citizens who would do everything to save their faces or relationship in the event of exposure or trial, the risk of strain diplomatic ties between government of countries, avoidance of image tarnishing and other diplomatic browl are issues embedded in very high profile cases like the Nadeem’s escape case and other high profile persons involvement.

While looking at the consequences of actions and possible ways escapes are initiated, we must try to proffer solutions and put measures in place to avert, allay or frustrate such acts from happening, especially in cases that relates to National Interest, National Security, economic and financial interests of a country and individuals of interest, a balance need to be struck.

We either save the Nation or keep relationships, people in government or in the service of a government must understand the place of law and order, business and relationships, we must allow due process in businesses both at the level of incorporation and transactions, and the persons involved, several investigations end up half way due to lack of transparency in the process, many bogus companies or organizations are either not officially incorporated or they have failed integrity test after incorporation due to non-remittance of reports on business operations and activities, fake members on board or shareholders, non existing office address or locations, non existing persons on board or as stakeholders

These and many more are factors to be considered when an organization or persons are said to be fraudulent especially corporate entities and are wanted for prosecution, the law or its agents must look beyond the surface to consider some of the factors mentioned.

As a foremost support staff of the National Crime Bureau (NCB) of the INTERPOL Incharge of Immigration matters in Nigeria some years back ,I can assure you that unless the factor of precision, real time intelligence sharing and promptness of action and sincerity of parties involved and sanctioning of officials are taken seriously by the government or its agencies.

Cases of escapes and incomplete investigations will continue to bedevil our security and investigation systems in the area of arrest, investigations and prosecution, the relationship between agencies of government must be cordial and level of synergy and collaboration must be excellent and cooperative enough to avoid inter agency rivalry, superiority complex, wanting to be the News breaker syndrome and tendency to be visible more than others, when addressed, results will be seen and obtained with ease and without compromise.

Arrest, Investigation and Successful Prosecution of cases are vital to law enforcement. And where any is lacking there is likely tendency to fail and frustrate actions of government or an organization.

We must, as a people, government and enforcement agencies, review cases and their consequences.

Cases like the escape and arrest of Nnamdi Kanu, how he escaped, through which route, those that aided him, etc and how he was re-arrested, also, the famous and dastardly Nyanya Bomb Blast Mastermind escape from Nigeria and arrest in Sudan by the INTERPOL NCB in Nigeria and its global partners in collaboration with Nigeria Immigration Service using travel history and other Biodata to trace and locate Ogoche in Sudan and return him to Nigeria, thanks to the likes of IGP Adamu(Rtd) and DIG(Rtd) Yemi Jemilusi and his crack team.

They must be credited and the Nigeria Immigration Service INTERPOL Desk support team, Department of State Services, NIA, MIA, among others.

Such level of synergy and collaboration must be sustained.

There are many of such escape cases and re-arrests that were handled successfully by the combined team of the INTERPOL NCB, DSS, NIA, Ministry of Foreign Affairs and NIS for high profile cases.

These are Security Organizations, Ministry and agencies that must be considered and consulted to get result and at the right time, giving their professional standing and expertise in enforcement of Extradition, Re-arrest, Watchlist and Placement on suspect index, Refusal of Departure, Deportation etc, wanted-list are tools used to refuse wanted person departure, arrest and or re-arrest, enforcement of extradition and deportation process for fugitives and wanted persons by government.

These are ways of returning Indigent criminal elements back to the country for prosecution, the need for good welfare package for the operatives, conducive and healthy working environment, life insurance and safety must be guaranteed on the Job and after retirement.

As a follow up to this article, we must ask certain intelligence based questions like Who is Nadeem?

What is his status at BINANCE, why was he arrested?

Was he or his company implicated in any economic, financial or a breach of our law that warrants detention?

Who ordered for his arrest and was there enough evidences tenable for his prosecution after arrest with respect to breaching the law?

Which agency of government was responsible for prosecuting, detention of Nadeem and his colleague?

When someone is detained, what level of freedom is he entitled to considering the circumstances surrounding the arrest and detention of the subject, Nadeem and his colleague?

How did the subject escaped without notice?

What were the security escort guards doing that made his escape unnoticed?

What means of transportation moved Nadeem from the detention Centre to the airport unrestrained?

Who gave him Airport protocol to keep him from public glare and was he on cue or did he circumvent airport procedures?

How did he received the passport he used to escape?

Who brought it? How was it delivered to him?

Where was it given to him?

Who or how did he procured the ticket, process boarding pass, cleared unnoticed by all Airport security agents?, yet he was a wanted person?

Was he on the watchlist? Was the watchlist conveyed to relevant agencies responsible for enforcing it at the ports of entry and exit on land, Sea or Airport at the right time?,

When it was discovered he had escaped, what proactive step was taken by his detainers, to forestall escape out of the country?

ACG James Sunday,PCC, FCAI.

Former NIS/INTERPOL Desk Officer, Zonal Coordinator,Zone C, Nigeria Immigration Service,Nigeria.