THE Economic and Financial Crimes Commission (EFCC), established in 2002 by the administration of President Olusegun Obasanjo, is “empowered to prevent, investigate, prosecute and penalise economic and financial crimes and is charged with the responsibility of enforcing the provisions of other laws and regulations relating to economic and financial crimes”.
Section 6 of the EFCC Act, 2004 provides, in part: “The Commission shall be responsible for – (b) the investigation of all financial crimes including advance free fraud, money laundering, counterfeiting, illegal charge transfers, futures market fraud, fraudulent encashment of negotiable instruments, computer credit card fraud, contract scam, etc.; (d) the addition of measures to identify, trace, freeze, confiscate or seize proceeds derived from terrorist activities, economic and financial crime related offences or the properties the value of which corresponds to such proceeds in adherence to the rule of law.” Key words: RULE OF LAW
However, over the years, it seems the EFCC has since acquired more powers for itself, including the power to violate people’s rights at will and the Commission is fast degenerating into a law unto itself. After the highly publicized arrest of an ex-governor of Anambra State, Willy Obiano, the nation was treated to a highly dramatized invasion of the home of a former Imo State governor, Rochas Okorocha. Although the Commission attempted to justify its action, its gestapo conduct is clearly beyond the pale, especially in a democratic society. The anti-graft agency went overboard and turned a security operation into a thriller movie.
The recent howler on immediate past Kogi State Governor, Yahaya Bello is another instance that clearly shows the anti-graft body has proved to be too impatient with civic and legal processes in its operations. On Wednesday, April 17th 2024, the EFCC stormed the Abuja residence of Yahaya Bello to effect an arrest despite a a subsisting Order of Injunction granted on 9th February 2024 by the High Court of Justice, Lokoja Division in Suit No. HCL/68M/2024 restraining the Commission either by itself or its agents from harassing, arresting, detaining or prosecuting Bello, pending the hearing and determination of the substantive fundamental rights enforcement action.
This singular action spiraled a long chain of embarrassing events from the EFCC that has created a shameful media trial for Yahaya Bello; the Commission went to secure an unnecessary court arrest order against Bello, the chairman of the commission, Ola Olukoyede, a lawyer and a supposed stickler for the rule of law had a press conference accusing Bello of paying his children’s school fees from government coffers and the Commission threatened the use of military to arrest Bello – all of these events point to nothing but political persecution and a blatant disregard to the rule of law.
As the perturbing media trial of Yahaya Bello by the EFCC goes on, we are meant to understand that Bello’s children have attended the American International School, Abuja well before he became Governor and he has paid fees for his children as and when due and without fail. And interestingly enough, Bello did not receive any formal invitation from the EFCC – he even dared the EFCC to produce any acknowledgment copy of such invitation and till date the anti-graft agency has not been able to do so.
Many Nigerians, Lawyers, Civil Society Organizations, youth and women groups, elder statements even chieftains of the All Progressives Congress (APC) have come out to condemn the way and manner the EFCC has gone after Yahaya Bello, which clearly suggests malice and vendetta. Like Professor Nwoke Friday Chijioke, the former Vice President of the ECOWAS Court of Justice said, “an institutions of justice, like the EFCC, should conduct investigations discreetly without involving the media.
“The EFCC chairman’s press conference on Yahaya Bello was really uncalled for. That is unfair trial. All these challenges are because of what I would call a media trial. An institution of justice should be in a position, especially when you are the investigator, carry out a discrete investigation. You do not need to involve the media.
“If you make out a prima facie case and you have evidence to make out a prima facie case, why don’t you file a case in court and serve the accused person? Why would you, in the first instance, perhaps advertise or publicize? Because that is, in the first instance, unfair hearing”, Professor Chikioke stated.
At this juncture, we wish to state that the EFCC and other agencies of government are not above the law. Each time they attempt to confront infractions of the law with lawlessness, they tarnish their own reputation and the image of the country. The Economic and Financial Crimes Commission (EFCC) must conform to international best practices in financial crime prevention, detection and prosecution. It must conduct its operations within the ambit of the law.
There has never been a bigger test of Nigeria’s jurisprudence like the ongoing spectacle between the EFCC and Yahaya Bello. As it is, Yahaya Bello’s region of the country is angry and watching, Nigerians are watching, Africa is watching, the World is watching – these shameful and embarrassing political persecution in the name of anti-graft war by the EFCC must stop, for the good of the country and its people.
