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The Economic and Financial Crimes Commission and Its Role in Curbing Corruption in Nigeria: Evaluating the Success Story So Far 1 Dr

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The Economic and Financial Crimes Commission and Its Role in Curbing Corruption in Nigeria: Evaluating the Success Story So Far 1 Dr International Journal of Law International Journal of Law ISSN: 2455-2194, RJIF 5.12 www.lawresearchjournal.com Volume 2; Issue 6; November 2016; Page No. 14-22 The economic and financial crimes commission and its role in curbing corruption in Nigeria: Evaluating the success story so far 1 Dr. IO Babatunde, 2 Dr. AO Filani 1 Reader & Ag. Head, Department of Jurisprudence and International Law, Ekiti State University, Ado-Ekiti, Nigeria 2 Senior Lecturer, Department of Jurisprudence and International Law, Ekiti State University, Ado-Ekiti, Nigeria Abstract As part of the efforts to combat corruption in Nigeria, the Economic and Financial Crimes Commission was one of the institutions put in place to fight the menace. It has very wide powers to fight corruption, and financial crimes. This paper discusses the activities of the Commission in the war against corruption, financial and economic crimes. Though the Commission recorded appreciable achievements in combating economic and financial crimes, some factors that militated against its success were equally identified and appraised. The paper concludes that major albatross encountered by the Commission in the performance of its functions lies not in the legal instruments with which to work, but the will-power, weak implementation and enforcement machinery by the Commission. Keywords: economic crimes, financial crimes, commission, corruption, Nigeria Introduction crimes in Nigeria that necessitated the establishment of the There is a plethora of anti-corruption institutions in Nigeria Economic and Financial Crimes Commission (hereinafter before the establishment of the Economic and Financial Crimes referred to as “the EFCC”) on the 13th day of December, 2002. Commission [1]. These institutions include the Legislature, the This paper shall examine the establishment, functions of the Judiciary, the Police, Code of Conduct Bureau, Standard Economic and Financial Crimes. It shall equally evaluate the Organisation of Nigeria, Budget Monitoring and Price activities of the anti-corruption Body, asses the impediments to Intelligence Unit, etc. [2] the effective realisation of the objectives of the Commission as The financial industry is enmeshed in issues such as electronic well as the achievement of the Body so far. fraud and deployment of funds for illegitimate activities [3]. Nigeria is losing over 200 billion dollars per year as a result of Establishment of the Economic and Financial Crimes corruption and financial crimes [4]. Money laundering, for Commission instance, has reached an alarming rate with private and public The Economic and Financial Crimes Commission was service officials indicted in the practice [5]. Many government established on the 13th of December, 2002 after the Bill officials have been caught in the process of trafficking money. enacting the Commission was passed by the Senate and the Often times, such officials are politicians, a status they exploit House of Representatives had been authenticated by Ibrahim to escape justice [6]. Billions of Naira is being lost by the Salim, the then Clerk of the National Assembly [11]. Federal Government everyday due to the activities of illegal oil The Economic and Financial Crimes Commission act, 2002 bunkerers [7] and trade malpractices [8]. The indulgence of some was repealed by the Economic and Financial Crimes Nigerians in Advance Fee Fraud has destroyed the reputation Commission (Establishment) Act, 2004. The Act makes the and credibility of the country all over the world. This has made Economic and Financial Crimes Commission a body corporate it unnecessarily difficult for majority of innocent Nigerians to with perpetual succession and a common seal. This implies that transact business both locally and internationally [9]. the Commission can sue and be sued in its corporate name and In the address of former President of the Federal Republic of hold or dispose of properties [12]. Nigeria, Olusegun Obasanjo while signing the Anti-Corruption Bill on the 13th of June, 2000, observed inter-alia: Functions of the Economic and Financial Crimes Corruption has been responsible for the instability of Commission successive governments since the first republic. Every coup The functions of the Economic and Financial Crimes since then has been in the name of stamping out the disease Commission as contained in sections 6 and 7 of the Economic called corruption. Unfortunately, they often turn out to be and Financial Crimes Commission Act include the worse than the disease. And Nigeria has been the worse for it. investigation of all financial crimes, coordination and Nigeria’s external image took a serious bashing as our beloved enforcement of all economic and financial crimes laws [13], the country began to feature on top of every corruption index… We adoption of measures to identify, trace, freeze, confiscate or must tackle it head-on for our country to make any meaningful seize proceeds derived from terrorist activities, economic and economic progress. With corruption, there can be no financial crimes related offences, the adoption of measures to sustainable development, nor political stability [10]. eradicate the commission of economic and financial crimes, the It is because of the prevalence of corruption and financial examination and investigation of all reported cases of 14 International Journal of Law economic and financial crimes, dealing with matters connected misappropriation of about $2.1 billion meant for the with the extradition, deportation and mutual legal or other procurement of arms to fight Boko Haram insurgency in assistance between Nigeria and any other country involving Nigeria [25]. In 2015, the EFCC filed a 13 count charge of false economic and financial crimes and carrying out and sustaining assets declaration against the Senate President, Dr. Bukola public and enlightenment campaign against economic and Saraki, at the Code of Conduct Tribunal (CCT). He was alleged financial crimes within and outside Nigeria [14]. to have corruptly acquired many properties while in office as Governor of Kwara State, but failed to declare some of them in The Enforcement Strategies of the Economic and Financial the forms earlier filed and submitted to the Code of Conduct Crimes Commission. Bureau. He was equally accused of making an anticipatory According to Ribadu [15], the Commission’s enforcement declaration of assets upon his assumption of office as Governor strategies since inception include: investigation, arrest and which he later acquired [26]. detention of suspects, arraignment and prosecution of suspects, confiscation and seizure of properties, freezing of accounts and Constraints of the EFCC in the Performance of its Duties of deportation of accused persons [16]. Individuals and Prosecuting organisations can file complaints through a written petition to Apart from prosecuting suspects, EFCC is equally charged the EFCC, which will then initiate investigation if the case falls with supervising, controlling and coordinating all activities within the power of the EFCC. The Public Enlightenment Unit relating to the investigation of offences relating to economic of the Commission is charged with the responsibility of and financial crimes [27]. In the course of performing these sensitising members of the public about the danger of functions, the EFCC encountered many challenges. The economic and financial crimes in Nigeria in order to reduce its Challenges include: incidence [17]. Prosecution of cases by the Commission is done by contracting them out to private legal practitioners on behalf (a) Selective Prosecution of the Commission. Many Nigerians are accusing EFCC of partiality in its operation. They believe that the Commission is selective. For Activities of the Economic and Financial Crimes instance, Kupolati once accused the Commission of selective Commission operation during the time of President Obasanjo [28]. The story The Commission is presently investigating high-profile of selective prosecution is the same under the present Nigerians involved in economic and financial crimes. The administration of President Buhari [29]. Commission is investigating how Sambo Dasuki, Musibau Obanikoro (former Minister of State for Defence) and (b) Plea Bargaining Governor Ayo Fayose of Ekiti State removed N4.6 billion from Plea bargaining is arrived at through negotiations between the the account of the office of the National Security Adviser prosecutor and the defence during which a possible resolution between 4th and 13th April, 2014 [18], the sharing of ₦23 billion of the charges against the accused person is reached [30]. It is by the former Minister of Finance, Mrs. Nenadi Usona among very sad to observe that the execution of plea bargaining in North-Eastern States at the instance of former Petroleum Nigeria allows criminals to escape punishment. In an address to Minister, Mrs. Diezani Alison-Madueke for the prosecution of the 5th Annual General Conference of the Nigerian Bar the 2015 presidential election [19] and the tracing of $40 million Association in Abuja in 2011, the then Chief Justice of Nigeria, to Ex-President Jonathan’s Cousin, Roberts Azibaola, to a bank Dahiru Musdapher condemned the practice of plea bargaining in London. The cash was wired through Citibank N.A Canada when he said that the plea has no place in Nigerian law but Aquare, Canary in Wharf London into the account of Plus invented to provide soft-landing for treasury looters [31]. The Holdings Nigeria Limited of Azibaola [20]. application of plea bargaining in the Pension Fraud involving Olisah Metuh, former Publicity Secretary, who is standing trial one John Yusuf shows that plea bargaining is a fraud. In the before the Federal High Court, Abuja at the instance of the said case, John Yusuf, a former Police Pension Fund Chief was Economic and Financial Crimes Commission has shown his sentenced to a term of two years in prison or an option of a fine readiness to refund the sum of ₦400 million fraudulently of N750,000.00. In the said agreement, the convict pleaded collected from the office of the National Security Adviser for guilty to the charge against him. He opted for the option of fine the re-election of former President Jonathan [21].
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