SOME prominent lawyers were, yesterday, divided over the
call by the President of the Nigerian Bar Association, NBA, Mr. Abubakar
Mahmoud for the curtailing of the prosecutorial powers of the Economic and
Financial Crimes Commission, EFCC.
Mahmoud had while being sworn-in at the just concluded
annual general conference of the NBA, in Port Harcourt, called for the review
of the powers of EFCC. Irked by the development, the EFCC accused him of
frustrating the prosecution of some high-profile cases.
Those, who spoke to Vanguard include Mr.Yusuf Ali, SAN;
Chief Mike Ozekhome SAN; Prof Tahir Mamman, SAN; Mr. Tani Molajo, SAN; Mr. Emeka Etiaba, SAN; Chief
Morah Ekwunoh, Mr. Akin George, Mr. Jide Okafor, Mr. Ahmed Adetola-Kazeem, Mr.
Richard Nwankwo and Mr. Yemi Omodele.
EFCC role must be
reviewed–Yusuf Ali,
SAN Ali said:“I listened to the presentation of the NBA President and I
have read the reaction of the EFCC. What I deduced from the two is that the
EFCC left the substance of the suggestions to embark on personal abuse. They
resorted to blackmail and name calling which is unbecoming of a public
institution. ‘’Unfortunately, as they tried to blackmail the NBA president,
they didn’t get their facts right. They accused him of acting for former
governor James Ibori, and the man has come out to say he never acted for Ibori.
For an investigative body like EFCC not to do proper investigation before
coming to the public is very unfortunate and EFCC wants to combine every
function under the sky.
“Is it not the position of the NBA president that they
should focus on investigation alone? In any event, it is not a new thing under
our laws for a body like that and the police to do their investigations and
pass it to the appropriate bodies (Directorate of Public Prosecution, DPP) to
prosecute.
“We want to know the interest of the EFCC in
prosecution. Nigerians should ask what the
need for them to prosecute is. The NBA president just made a general statement
asking for the review of the operations of the organ of government.
“They didn’t stop at that, they even blackmailed lawyers,
forgetting that they are being represented by senior lawyers in courts. Are
they trying to tell us that those representing them are the only good Nigerian
lawyers? When you prosecute, there are others to defend. For me, it raises so
many questions. What is the particular interest of EFCC in prosecution that if
they didn’t carry that out the world will end?
“Look at the FBI, they didn’t prosecute but investigate all
shades of crimes. But they have cutting edges in investigations and that is why
they are ahead of all investigative bodies in the world. They concentrate on
one mandate. To me, the suggestion of the NBA president is right and valid.
“If you look at it, most of the things that EFCC dabbles
into are under the mandate of the ICPC. It is the ICPC that is the
anti-corruption body established by the law, but they are rendered voiceless.
When you take up so many responsibilities, you will not be able to perform
well.”
Clipping the wingsof anti-corruption agencies is wrong–
Mamman, SAN
On his part, Tahir Mamman said:“Every Nigerian, except the
beneficiaries of the mindless heist, knows that much of the tragedy that has
befallen the country is attributable to the looting and corruption, which the
last 20 years had been its peak period. In sane societies, due to its perverse
and pervasive effects, the death penalty is inflicted on perpetrators of
corruption and their accomplices.
‘’In our country,
lawyers are more concerned about niceties and individual rights of the culprits
against the rights of over 170 million,
people who have been robbed blind with great impunity, who because of
the theft live a life of drudgery, have poor education systems, killer
hospitals and no electricity among others. Yet some lawyers are concerned with
the rights of these rogues.
‘’Patriots should be concerned about strengthening all the
anti-corruption agencies, finding a way to push the judiciary to procure speedy
justice such that at most within one year of arraignment, a corruption case
must be concluded. The part of the law on presumption of innocence should be
revisited so that an unexplained wealth should result in shifting of burden
onto the accused to justify such wealth.
‘’For us as a country, this isn’t the time to invoke
procedures of countries that do not harbour any iota of respect for those who
break the law, countries that protect public treasures with total unwavering
commitment, countries where the justice system doesn’t blink before any person,
however, powerful or connected, countries where both members of the Bar and
Bench are accountable for their actions as officials and private practitioners
alike.
‘’Nigerian lawyers need to know that their perception before
the public has sunk. Like it or not, we are seen to be the handmaiden of
corruption being perpetrated by people in the public and private sector.
‘’Our concern, therefore, must be on how to redeem this
image and be the gentlemen that we claim to be. Seeking to clip the wings of
anti-corruption agencies is a fundamental misdirection. At the least, the bar
should be offering pro bono services to all anti-corruption agencies. Lawyers
shouldn’t be beneficiaries of wanton theft of public treasury.’’
It’s time to clip EFCC’ wings – Ozekhome, SAN
To Ozekhome: ‘’From the way the EFCC has abused its combined
enormous investigative and prosecutorial
powers, particularly under the Obasanjo and Buhari governments, the time
has come to call for the abrogation of these monstrous powers because truly, power
corrupts and absolute power corrupts absolutely.
‘’The Attorney-General of the Federation has the
constitutional power under section 174 of the 1999 Constitution to initiate,
continue or discontinue prosecution in criminal matters. International best
practices across the world are that the same body does not investigate and
prosecute simultaneously. That makes the EFCC both the investigator, accuser
and prosecutor.
‘This is clearly against one of the cardinal principles of
the doctrine of fair hearing, namely that no one should be a judge in his own
case. By also harassing, intimidating, abusing, browbeating and allegedly
surreptitiously and clandestinely investigating judges, the Commission intends
to also take over the functions of the judge and jury.
‘’That is a total regression into a dictatorship,
absolutism, tyranny and near fascism. It must never be allowed in Nigeria. It
is time to clip the dictatorial wings of the EFCC that makes it violate its own
cardinal cliche of “no one is above the law. It has so far lived above the
law.’’
NBA leadership should furnish reasons for its position
–Molajo, SAN
Also speaking Molajo, said: ‘’The current position of the
NBA as recently articulated by its president is that the mandate of EFCC ought
to be defined more narrowly so as to limit the function of that agency to
investigation and to transfer its prosecutorial powers to a new body. I think
that the approach which would be more useful to the EFCC itself and to the
progress of our country would be to require the leadership of the Bar to
furnish reasons for its position. In that event, the EFCC would be in an
informed position to express a more reasonable response. Unavoidably,
prosecutions of all persons who are indicted by the EFCC will be undertaken by
members of the Bar.’’
Call should be extended to other bodies – Etiaba, SAN
Similarly, Etiaba said: ‘’My take is that the NBA’s call
should go beyond EFCC and be extended to other bodies saddled with
investigations like ICPC, police, NAFDAC and the rest. Beyond that all issues
raised by NBA are correct.
“What the Bar said is that the EFCC has done well and needed
to create rooms for better performance. Our president, therefore, requested
that the body restricts itself to investigating crimes, while other bodies will
be saddled with the responsibility of prosecuting. The advantage is that the
person who will prosecute will have the second chance to appraise the
investigations and the work done. Such appraisal will reveal that there is
enough information to convict the person being investigated or that there is
inadequate information and the prosecuting agency officials will now direct the
EFCC to do more work by probing further along some lines.
“The result could be that there may be no case at all and if
there is no case, there is no need to put a Nigerian through the rigour of
trial. What we don’t realise is that criminal trials come with indictments and
loss of freedom. What the President is saying is that if we are having a
different body investigating and other prosecuting, there will be checks and
balances.
I support call for creation of prosecutorial agency –
Ekwunoh
Ekwunoh said: ‘’l agree that the EFCC should undergo serious
reformative surgery as to create and
bring into being, a separate and distinct organ or agency of government saddled
with only prosecutorial powers and responsibilities as opposed to the present
hybrid situation of the same agency serving both investigative and
prosecutorial purposes. Superstructure of this view is built on the foundation
of four variables, which include, but are not limited to:
(a) Achievement of much needed reduction in and lightening
of heavy concentration of absolute powers on EFCC, which tends to absolutely
corrupt and derail it, as exemplified by its recent arrest of a blogger, Mr
Abubakar Sidiki, for views expressed on social media and not for financial
crimes, as envisaged by the founding fathers of EFCC.
(b) Its service as a precursor to the much-needed insulation
of the agency from the apron strings, directly or remotely, of the Presidency
or the Attorney -General of the Federation, which presently appear, jointly or
severally, to be employing and deploying same as a willing tool to witch-hunt
and hound perceived political enemies.
EFCC’s investigation and prosecutorial powers are necessary
– Akin George
To Mr Akin George, ‘’expediency and realities of the time
behoves of the government of the day to fashion out an agency that can nip in
the bud serious economic and financial crimes that bedeviled our polity. It is
not a novel idea per se, UK and other advance countries have such agencies in
place to deal with peculiar issues like this.
‘’If you consider the need for speed in prosecuting cases as
opposed to the usual delay associated with litigations generally in this
country, you will appreciate the beauty in merging investigation and
prosecution in EFCC.
Don’t forget that EFCC reports to the office of the Attorney
General. The office of the AG has several departments including and especially
the office of the DPP. The DPP issues legal advice and subsequently prosecutes
cases. It has been advocated, times without number, that lawyers in the office
of the DPP be deployed to Police formations to assist during investigations and
this you actually find in some police formations now, for example, the SFU.’’
EFCC should investigate and prosecute – Adetola-Kazeem
Mr Ahmed Adetola-Kazeem disagreed with Mr Okafor, arguing
that ‘’the EFCC should still investigate and prosecute to ensure efficiency in
the prosecution of fraud and corruption cases.’’
He continued: ‘’I am yet to understand the argument of those clamouring that EFCC’s
powers be restricted, particularly considering the lack of synergy that has
been witnessed when the Police investigate and the Attorney-General prosecute.
Investigating Police Officers (IPOs) are transferred at will by the Nigerian
Police Force and getting them to appear for trials become a herculean task,
stall ing the trial in most cases. These have led to calls in the past that the
AG’s office should oversee investigation.
‘’The EFCC has different departments which includes the
investigation and prosecution department. The investigation department is
manned by trained investigators while the the prosecution department is manned
by lawyers who have specialized skills in prosecuting fraud cases. What needs
to be done is to further build the capacity of these departments to ensure
effectiveness.
‘’There should also be check and balances to ensure
officials of EFCC do not abuse their powers. Stripping the EFCC of its power
will also mean stripping all other agencies of their powers which will mean
that the Attorney-General will be overburdened.’’
You can’t sit in judgement over your case – Nwankwo
Mr Richard Nwankwo, who is president/founder, Crusade for
justice, said: ‘’ It is in tandem with the principle of justice all over the
world that you cannot be sitting on your own case. I think what the EFCC has
succeeded in doing is to undermine the programme, the efficacy and the
effectiveness of the office of the Attorney General AG in terms of prosecution
of cases and of course, you know that the office of the AG exist in all the
states of the Federation. I believe that there’s absolutely no reason for EFCC
to be involved in the prosecution of cases. EFCC is an extension of the
Nigerian Police and what they are doing within the confines of EFCC is not
different from what is going on within the police as an organization. I think
the EFCC as a specialized investigative agency should be fortified in line with
the opinion expressed by the new NBA President, A. B. Mahmoud.
‘’The operation of the EFCC must be streamlined to be in
sync with what is obtainable in other jurisdictions. It must be done in such a
way that it will promote the rule of law. It should be redesigned and
restructured to enhance criminal investigation and not dabbling into
prosecution of cases. And all the cases the agency has been handling how many
has it successfully concluded? Many a
time they resort to lawyers in prosecution of cases.
Why do you have to set up an agency that would rely heavily
on private practitioners for the prosecution of cases? The office of the Attorney General of the Federation AGF is equipped and what I
expect this government to do is to
consider the capacity enhancement of the office of the AG and that of the state
so as to have some measures of synergy between the two organizations. The EFCC
should concentrate on its professional area which is criminal investigation.’’
Leave EFCC as it is—
Orisalade
Mr Tunji Orisalade said: “I am of the view that since EFCC
is a body set up by law, no other body or group, even the NBA has a right to
interfere with its exercise of the powers bestowed upon it. Save where, there
is a misuse of that power or the assumption of power not cover under the said
law. With particular reference to the NBA, my expectations are its admonitions
to members to live above board in order to avoid stains on the long-end and
long-preserved reputations of the body.
No need to change status quo —Omodele
The Economic and Financial Crimes Commission EFCC as an
anti-corruption agency is a creation of status saddled with the responsibility
to investigate and prosecute corruption related cases. Nigerian Bar Association NBA as a body of
lawyers in Nigeria and comprises of lawyers who know and understand what EFCC
does can easily point out flaws of the body.
The issue that EFCC cannot investigate and at the same time
prosecute is rather on the one hand duplication of effort while on the other
hand will bring about sanity and fair play.
EFCC investigate and prosecute, it will give the body easy
access to their witnesses but to only investigate and another body prosecuting
may lead to frustration of witnesses and cases.
The Attorney General AG of the Federation has power to take
over prosecution and discontinue any ongoing criminal cases in the country. The
AG is the chief law officer of the
country.
Source: Vanguard.
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