The Nigerian Bar Association (NBA) has called for the reform of the Economic and Financial Crimes Commission (EFCC). Considering the several allegations trailing the country’s major anti-graft agency, this is necessary, but not through taking away its prosecutorial powers, as suggested by the NBA. If the EFCC is stripped of its powers to prosecute, that could mean a great setback for the present anti-corruption drive in Nigeria.

Last Friday, Abubakar Balarade Mahmoud (SAN) was sworn-in as the 28th president of the Nigerian Bar Association in Port-Harcourt, Rivers state. During his inaugural speech, he reiterated the NBA’s commitment to ridding Nigeria of corruption, adding that for the anti-corruption drive to be successful, “the critical institutions involved must be re-positioned, re-equipped and re-tooled to confront the problem of corruption on a consistent sustainable basis.”

Mahmoud said the NBA will advocate for the Judiciary to be “clean, efficient knowledgeable, effective and transformative,” as it is at the foundation of building an orderly, peaceful and prosperous society. He also said the reform of concerned institutions towards a result-oriented anti-corruption drive needs to begin with the Economic and Financial Crimes Commission.

“However, going forward, the NBA must demand the reform of the institution itself. We need to define its mandate more narrowly and more clearly. In my view, its broad operations as an investigative and prosecutorial agency should be reviewed. I recommend strongly that EFCC should be limited to investigation.

“The decision to prosecute and the conduct of prosecuting must be by an independent highly resourced prosecution agency. In addition, the EFCC and the prosecution agency must be secured from political interference in their activities. There is absolutely no reason for it to report operationally or otherwise to the Presidency,” Abubakar Mahmoud posited.

The Economic and Financial Crimes Commission Establishment act (2004) mandates the EFCC to combat financial and economic crimes. This mandate empowers the commission to prevent, investigate, prosecute and penalise economic and financial crimes. The commission is also charged with the responsibility of enforcing the provisions of other laws and regulations relating to economic and financial crimes.

Taking a critical assessment of Mahmoud’s concerns, it is true that the EFCC needs to be taken off the hook of the Presidency, making it independent, as it should be. For instance, since EFCC’s establishment, there have been several allegations stating that, beyond the professed fight against corruption which the agency was originally created for, Presidents and successive governments have developed a penchant for using the anti-graft body to witch hunt their political ‘enemies.’ Apparently, the EFCC has to be strengthened and protected from political interference, if it is to make meaningful impact.

How about stripping the EFCC of its prosecutorial powers? This is an area in which Nigerian lawmakers need to tread with caution, if they eventually decide to welcome the recommendations of the country’s body of professional lawyers. Already, the Magu-led EFCC believes the NBA had called for its reform because the anti-graft body recently arraigned some senior lawyers for corruption.

Here are three reasons why the EFCC should retain both investigative ad prosecutorial powers

1. The number of convictions secured by the EFCC so far has been impressive:

According to EFCC’s acting chairman, Ibrahim Magu, as at May 2016, more than 140 convictions were secured by the Commission within six months. This figure represents a 78 percent increase in the number of all convictions secured in 2015, reflecting a significant improvement in the successes recorded by the body recently. Although Mahmoud did not state his reason for saying the EFCC should be limited to only investigation, it is important to note that the EFCC’s duty of investigating suspects does not overshadow the execution of its prosecutorial powers. Moreover, there are various units within the EFCC, including the Legal and Prosecution Unit which are saddled with various responsibilities and could function effectively if they are favourably equipped. Any attempt to separate prosecution from the functions of the anti-graft body may hurt the current fight against corruption.

2. Nigeria’s current economy does not favour splitting the body:

One thing that the Nigerian government doesn’t relay to Nigerians is the exact cost (plus the overhead cost) of running the EFCC. Recovering stolen money is not an easy process, considering the fact that many of the monies recovered are usually stashed in foreign accounts. Despite the reduced revenue that Nigeria now generates, the cost that comes with an anti-corruption drive to rid the country of corruption has to be paid, one of which is the proper funding of the EFCC. Recommending that an “independent highly resourced prosecution agency” be created may not be the best idea at this time. The prosecuting agency will definitely be funded on a separate budget, which will most likely supersede what the EFCC spends on prosecution now. If there are fears that the EFCC is not doing its best in prosecuting economic and financial suspects, the Legal and Prosecution Unit of the Commission can be strengthened to perform optimally.

3. The efforts of the EFCC can be complemented by the ICPC:

Three years before the establishment of the EFCC, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) was created by the Olusegun Obasanjo Presidency. The ICPC has some seemingly similar functions with the EFCC; the former is empowered to look into corrupt practices by Nigerians, including government officials. For instance, the ICPC is vested with the original power to look into bribery. However, some cases of bribery are financial crimes, which the EFCC has a tendency to take over. There is need for a more lucid distinction between crimes and practices that are handled by the two bodies, this way, the EFCC will not be overwhelmed or lag in its prosecutorial duties. It is also very important for the EFCC to understand its duties and prosecute cases only within its jurisdiction. The arrest of the blogger, Abubakar Sidiq, by the EFCC earlier this month, is an example of misplaced priority and a lack of focus by the anti-graft agency.

Elsewhere on Ventures

Triangle arrow