The Economic and Financial Crimes Commission, EFCC, has taken a swipe at the Nigerian Bar Association, NBA, for demanding that its prosecutorial powers be whittled down.
The Commission, in a strongly worded statement by its Spokesman, Wilson Uwujaren, described the suggestion which the newly-elected National President of the Nigerian Bar Association, NBA, Abubakar Mahmoud, made at his inauguration on Friday, August 26, as self-serving, and meant to protect a cabal of untouchables, who can only be investigated, but never prosecuted for corruption.
According to the EFCC, such calls should not be made by a bar, peopled with suspected rogues and vultures, incapable of being professional and objective in the on-going anti-corruption war.
The NBA had at its 56th Annual General Conference in Port Harcourt, Rivers State, advocated for reform in the EFCC and the Judiciary.
Mahmoud, who delivered his inaugural speech shortly after being sworn in as the 28th President of the NBA at the occasion, called for the review of the broad operations of the EFCC, as an investigative and prosecutorial agency, recommending that the Commission should be limited to only investigation.
Reacting, Uwujaren said: “The EFCC appreciates the NBA’s acknowledgement of the Commission’s strategic place in the fight against corruption in Nigeria, and the modest achievements that it has recorded so far.“It also welcomes the suggestion for reform. “As the Acting Chairman, Ibrahim Magu, has repeatedly stated in his public pronouncements, the agency is open to suggestions that will improve its operations, as it cannot pretend to have a monopoly of ideas on how to fight corruption.“Nevertheless, the Commission views with concern, the call by the NBA President that the EFCC be stripped of its prosecutorial powers.“According to him, we need to define its mandate more narrowly and more clearly… I strongly recommend that the EFCC be limited to investigation… while prosecution should be handled by an independent resource prosecution agency”.“The Commission’s discomfort over this seemingly innocuous proposition, stems from the fact that Mahmoud was silent on the reason for his position. More importantly, the Commission cannot comprehend how the redefinition of EFCC’s mandate in narrow terms, ultimately whittling it down, fits into the clamour by Nigerians, and the vision of the President Muhammadu Buhari administration, for a vibrant and courageous anti-corruption agency.
“Instead, Mahmoud’s suggestions appears perfectly in sync with a cleverly disguised campaign by powerful forces that are uncomfortable with the reinvigorated anti-graft campaign of the EFCC, and are hell-bent on emasculating the agency, by stripping it of powers to prosecute, with the lame excuse that an agency that investigates, cannot also prosecute.“The question Nigerians must ask the Mahmoud-led NBA is, what is wrong with EFCC prosecution? Mahmoud is in a position to answer this question. He was the Attorney General of the Federation’s Counsel, in the trial of former Delta State Governor, James Ibori, at the Federal High Court, Asaba, a case which EFCC lost in questionable circumstances.“But the same ingredients from that case were used to fetch Ibori a 13-year jail term in London. Mahmoud, is also the Commission’s counsel in the appeal against the infamous perpetual injunction from arrest and prosecution by former Rivers State governor, Peter Odili, which is still pending before the Court of Appeal in Port Harcourt, many years after it was filed.“It is too much of a strange coincidence that the suggestion to strip the EFCC of its prosecutorial powers is being floated few months after the Commission, in unprecedented fashion arraigned some senior lawyers for corruption. For the avoidance of doubt, the Commission has recorded more convictions in the last one year than all the States and federal ministries of justices combined.“Against this background, the current campaign appears to be self-serving, intended to create a cabal of untouchables who can be investigated but may never be prosecuted.“The EFCC however wishes to reassure Nigerians that there will be no sacred cows in the renewed fight against corruption in Nigeria.“A Bar populated or directed by people perceived to be rogues and vultures cannot play the role of priests in the temple of justice”.
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