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In defence of EFCC

Published by Nigerian Compass on Mon, 07 Nov 2011


Many Nigerians do not know the role of the Economic and Financial Crimes Commission (EFCC).Reading the Acts 2004 and 2006 respectively, the Commission is shouldered with the responsibility to investigate,to use my own personal word, to assemble facts and data, to find out, to get to know, to suspect to have done a criminal thing and produce him before a competent law court, ready for prosecution or otherwise. That is the simple mandate of the Economic and Financial Crimes Commission by the basic tenets of its establishment.Some mis-read the constitutional responsibility of the Commission with the one of the Law Courts or the Judiciary as an arm of the Government.The judiciary is to sentence, to send to jail for a crime done, to fine, to find someone wanting for a wrong allegedly done.The Commission on the other hand, is an agency purposely set-up to curb or eradicate money laundering,to reduce corruption,economic sabotage and punish those who perpetrate bribery in our midst.Many Nigerians lump the functions of the EFCC and those of the Judiciary together.They are supposed to be two distinct roles. The Economic and Financial Crimes Commission is to assist the judiciary with enough statistics and material to prosecute a wrong 'doer. There is little the EFCC can do, once the cases are filed before the court of law or when the charges have been read. The much that it can do is withdraw the case totally or refile for substitutions or amendments in the charges. Therefore, I cannot but agree with the Head, Media and Publicity of the Commission, Femi Babafemi in his submission, Placing EFCC's Mandate in Proper Perspective published by several papers,but with specific reference to this one:SundayTribune 23,October,2011,page 41.In one of the sentences, he noted,'is necessary to explain certain things on the mandate of the commission 'in view of the volume of misconception, misinformation and falsehood being propagated by certain elements about the work of the anti-graft agency.'In the words of Babafemi, 'the mandate of the EFCC begins with prevention, investigation, arrests and ends with prosecution that is charging the accused persons to court.'The Commission is no longer in control or cannot determine what happens in court, because it cannot be the accuser,the investigator and at the same time, the Judge.In spite of criticisms from misinformed citizenry, the Economic and Financial Crimes Commission is on the way forward. The Commission, as of now, the Head,Media and Publicity revealed has through its Transactions Clearing Platform (TCP) treated over 17,000 enquiries from foreign investors as a result of which they have been saved from losing over $15billion to scam contracts and business proposals. This is in addition to a record of recovery that towers above $11billion and a record conviction that exceeds 750 cases. Besides, the Commission today has over 75 high-profile cases with 1,503 other cases in various courts across the country. Politically exposed persons are a pain in the neck, Femi Babafemi emphasised. After people have been investigated and charged to court, the EFCC, like every other Nigerian, cannot abort, short-circuit or lengthen the trial processes. The EFCC is just one of them and it has to play its own role.The hysteria about slow judicial processes in the resolution of cases of former governors, ministers and other public officials is understandable.But,this is certainly not due to the negligence, incompetence or insincerity of the EFCC.We all know the template and the tenor of our judicial system.This same EFCC is recording phenomenal successes in the prosecution of advance fee fraud, cybercrime, capital market fraud and related cases.In all these instances, the trend of slow judicial processes is at work and it is this same trend that is making cases of politically exposed persons to drag for so long. The EFCC is sensitive about this because as a responsible law enforcement agency, it believes that prompt convictions are the wages of any prosecution.To underscore the significance placed on conviction of any accused person,the EFCC has been advocating the establishment of special courts for the trial of all corruption cases. This is novel, but workable and all and sundry should support it.It is bound to fast-track judicial processes on corruption cases.The Federal Government should support it,if it can solve the problem of delay in judicial processes. We cannot expect to achieve expeditious resolution of cases of economic and financial crimes through our regular courts, unless the rules are amended. We must fight corruption. Do not stand on the other side, where you ask for money,before doing your civic duties. It is an abomination. It is an easy way to hell, incarceration, humiliation and a discredit on integrity and clothing of shame.The best way to fight it is to keep away from these shameful things.Do not get involved and do not participate.'Kwache wrote in via mails:emanuelkwache@yahoo.co.uk
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