The nation’s foremost anti-graft agency, the Economic and Financial Crimes Commission (EFCC), is in the news again for obvious reasons. No doubt, the EFCC under its new leadership, Olu Olukoyede, has rediscovered its potency. Having regained its lost virility, the anti-graft agency appears to be flaunting its prowess almost in every corner looking for those alleged to have committed one financial crime or the other in an effort to sanitize the corruption-ridden polity. However, in fighting corruption, the EFCC must follow due process and obey court orders, even when not favoured. We shall return to this theme later.
After its initial success in the trial and conviction of a popular Lagos socialite and cross-dresser, Idris Okuneye, alias Bobrisky, over the naira abuse, the EFCC has equally pounced on another celebrity and flamboyant bar man, Paschal Okechukwu, popularly known as Cubana Chief Priest. While Bobrisky pleaded guilty to charges of naira abuse and bagged six months behind bars, Cubana Chief Priest pleaded not guilty and got a bail of N10 million. In these two outings, the EFCC has received more bashings than accolades. Some critics slammed the anti-graft agency for dabbling into naira abuse matters which it lacks powers to prosecute. Some even said that what amounts to naira abuse is nebulous.
From that avoidable melodrama, the EFCC has enacted another high drama fit for Nollywood movies with its recent attempt to arrest the immediate past governor of Kogi State, Yahaya Bello, over money laundering to the tune of about N80.2 billion. In its attempt to arrest Bello and probably detain him before the commencement of trial in the usual EFCC style, the anti-graft agency failed itself and the nation as Bello proved invincible and unreachable, insisting that EFCC must obey subsisting court orders on the matter not to arrest him.
Ex-governor Bello has reportedly denied ever receiving any letter of invitation from the EFCC. As such, the issue of evading arrest is neither here nor there. Before he left office, Yahaya Bello approached the Kogi State High Court and obtained an order restraining the EFCC or its agents and persons related to it from harassing, arresting detaining or prosecuting him, pending the hearing and determination of the substantive originating motion for the enforcement of his fundamental human rights. However, the EFCC went to Appeal Court in Abuja to vacate the order. Without waiting for the outcome of its appeal, the anti-graft agency went to file the same charges against Yahaya Bello, which are already before other courts, in another Abuja High Court.
This is in spite of an existing order by a court of coordinate jurisdiction. All these amount to abuse of due process. It is not in consonance with the rule of law. The EFCC as an agency established by law must obey court orders and should not resort to self-help or act in a way that will suggest that it is above the law. As an agency of government, it can sue and be sued. The attempt by the EFCC to intimidate and arrest Bello in Benghazi Street, Abuja was impunity taken to a ridiculous height. The Lion has indeed dared the anti-graft agency using the instrumentality of law. There must be an end to impunity and media trial of politically exposed persons. Their innocence until the contrary is proved in a court of competent jurisdiction is sacrosanct. The EFCC must learn how to obey the orders of the courts henceforth no matter how unpalatable. Until such orders are vacated.
Under democracy, democratic institutions must not act in a way the citizens will interpret as impunity. Yahaya Bello is a Nigerian citizen. If he is alleged to have committed a financial crime, the EFCC can try him without the drama and undue media attention. In our laws, an accused is presumed innocent until the contrary is proved by a court of competent jurisdiction. Nobody is saying that the EFCC should not try any accused person(s). But such a trial must follow due process.
The intimidating media trial in a Gestapo style has been the EFCC style of trial of suspects. Such a method presumes that the accused is already guilty of the crime before even the trial begins. And if at the end of the day, the anti-graft agency fails to prove its case, as in many others, how can it remedy the odium of such arrest? The EFCC should deviate from embarking on sensational media trial of suspects, no matter their status.
The media hype and unnecessary drama that attend most of the high profile cases by EFCC is not the best way to fight corruption. In offences that are bailable, the right things must be done. The EFCC’s method of arrest, publicize and of course shame before investigation is not tidy for the adjudication of criminal justice system. If a governor commits financial crime in his state, why can’t the trial begin where the crime was committed? Why begin the trial in Abuja? Some ex-governors have raised this issue and they have a point. In a federation, the federal government should not treat the state as if it is part of the federal government. The federal agency’s powers to try offences committed by state governors must be further interrogated. The Gestapo manner of arrest of people over bailable offences should not be a feature of life in Nigeria in 21st century. It is primitive, draconian and antediluvian and as such must be discarded.
Even though the fight against corruption is welcome, the process of prosecuting financial crimes matters must follow due process. Such trials must be devoid of media sensationalism, drama and needles hysteria. The anti-graft agency must bow to due process in its war against financial malfeasance. Impunity on its part will not be tolerated. The trial of some former governors and former CBN governor, Godwin Emefiele, had been characterized by unnecessary drama.
We had seen such dramas before over high profile trials which ended up without achieving much. It will be recalled that one of the strongest criticisms against the establishment of the EFCC during the era of former President Olusegun Obasanjo, was its being used for political vendetta. The agency was also accused of selective justice and media trial.
Many years after, the anti-graft agency cannot be said to have divorced itself of such criticisms. The same criticisms have trailed the current trial of ex-political office holders. While those in good books of the current APC leadership are spared, those thought to be antagonistic are pursued with uncommon zeal and intensity. Therefore, Let the EFCC follow due process in its war against financial crimes.