A former Nigerian Bar Association (NBA) president Olisa Agbakoba (SAN) yesterday said the Economic and Financial Crimes Commission (EFCC) would function more effectively if its workload is reduced to investigation alone.
He said powers to prosecute should be vested in an independent and highly resourced prosecuting agency, such as a proposed National Prosecuting Agency.
โThe international best practice is that one agency investigates, another prosecutes and the court adjudicates. The EFCC as currently composed is overworked and will not efficiently deliver on investigation and prosecution,โ Agbakoba said in a statement by his non-government organisaition, the Human Rights Law Service (HURILAWS).
According to him, the suggestion by NBA president Abubakar Mahmoud (SAN) that EFCC should only investigate but not prosecute was not out of place.
โHURILAWS applauds the call by Mahmoud for a debate on the efficacy of the war against corruption in Nigeria. Where corruption is endemic like in Nigeria, strong institutions are critical to achieve success.
โIt is in this context that the debate on the propriety of the EFCC investigating and prosecuting financial crimes at the same time is appropriate.
โWhilst we have no objection with the EFCC investigating or the courts adjudicating, we believe the powers to prosecute should be vested in an independent highly resourced prosecuting agency.
โWe appreciate the enormous work done by the EFCC since its establishment in 2003. Thirteen years on the Federal Government needs to rejig the EFCC and other crime fighting institutions to perform optimally.
โWe support plan by the Attorney-General ?of the Federation (AGF) to establish a National Prosecuting Agency,โ HURILAWS said in the statement jointly signed by its Legal/Programme Officer, Collins Okeke.
The NBA, in a statement, described EFCCโs reaction as โunduly harsh and negativeโ, saying it was uncalled for.
The association said Mahmoud only called for the reform of the agency to enhance its capabilities to deliver on its mandate on a โconsistent and sustainableโ basis devoid of political interference and on the basis of well-established institutional safeguards that demand the proper regulation of the wide discretionary powers involved in the investigation and prosecution of criminal matters.
โCombining investigative powers with prosecutorial powers in one single agency, (called the Roskill Model in England), is the exception rather than the norm. In the UK only the Serious Fraud
โOffice (SFO) enjoys such combined powers. But given the institutional safeguards, both within the SFO and the maturity that characterizes the UK Criminal Justice Institutions, the abuse of such powers will be highly unlikely.
โThe NBA Constitution demands that it promotes law reform and legal development. It therefore commits itself to promoting healthy public debate about our institutions and interrogating their capabilities and performance, including all criminal justice agencies such as the EFCC. The NBA will not be intimidated or cowed in the discharge of this responsibility.
โThe NBA condemns in the strongest terms the use of abusive and uncivil language of โrogues and vulturesโ and such strictures by a public authority. Name calling and use of abusive language is not expected of any public institution. It is unacceptable.
โThe NBA demands unequivocal withdrawal of this statement and an unreserved apology from the EFCC.โ
Mahmoud said neither he nor his firm has ever represented the EFCC or the AGF or been involved in any prosecution or defense of former Delta State Governor James Ibori in any criminal matter
The NBA President admitted representing EFCC in the case involving the former Rivers State State Governor Peter Odili in a civil appeal on the constitutional challenge of EFCCโs powers by the Rivers State Government, adding that he was yet to be paid his legal fees.
โIn spite of his best efforts, the case has remained stuck in the Court of Appeal, even after all briefs of arguments had been settled.
โThe records of the EFCC will also show that neither Mr. Mahmoud nor his firm has been paid any fee, notwithstanding the nearly 20 court appearances in the matter in the course of the last several years involving air travels (Abuja to Port Harcourt) and hotel expenses,โ NBA added.
Lawyers also took to social media to express dissatisfaction with EFCCโs claims. A Senior Advocate of Nigeria (SAN), Mr Jibrin Okutepa, wrote: โEFCC is cashing on the gullibility of Nigerians to cast aspersions on NBA president and the entire Bar.
โWhile I admit that some of our members have been acting in most unprofessional manner the release by EFCC spokeperson is most unacceptable to me. It is actionable and we canโt fold our arms in gentility.โ
