How to make EFCC more effective
The Economic and Financial Crimes Commission was established in 2003 to fight different financial crimes. Although the agency has recorded tremendous successes in its operations by securing a total of 865 convictions in 2020 and 2,220 convictions in 2021.
Despite its numerous achievements so far, there are certain loopholes and setbacks in the mode of the agency’s operations that need reformation and should be thoroughly addressed.
Firstly, the impression that crime pays in Nigeria is a prominent challenge to the agency. Nigeria is awash with examples where the consequences of corruption pale in comparison to its benefits.
Also, the presumption of innocence in the Nigerian 1999 Constitution (amended) is also a setback to the EFCC. The article which is in section 36, sub-section 5 stated “Every person who is charged with a criminal offence shall be presumed to be innocent until proven guilty”, is a simplistic provision which perhaps may breed crime.
Similarly, Nigeria’s political establishment is not helping matters, as it has shown its willingness to embrace public figures tainted with corruption. It appears immaterial when there are question marks on the integrity of individuals because the elite turns a blind eye and individuals are welcomed with open arms in Nigeria.
More so, the structure of the EFCC makes it answerable to the presidency. Important issues, ranging from the agency’s budget to the chairman’s job security, are subject to Senate and presidential approval. Admittedly, this is not an anomaly because even the independence of the FBI is questionable. Nonetheless, the United States government attempts to draw lines between the FBI’s accountability and its need for independence. This line is non-existent in the EFCC.
Also, the judiciary contribute to the ineffectiveness of the agency, as they sometimes make a mockery of the anti-corruption drive. A notable case is that of the former Rivers State governor, Peter Odili, who obtained a “perpetual injunction” which barred the EFCC from “arresting, detaining or arraigning” him.
In conclusion, the federal government, particularly the president, should avoid political interference in EFCC. In addition, the Attorney General’s power to interfere in anti-corruption cases should also be checked. The Attorney General shouldn’t have a say in such cases.
EFCC should also avoid publicising their mission to arrest some suspects since such effort is like giving the suspect a signal to avoid arrest. This happened severally and suspects escape arrest.
All staff of the agency should publicly declare their assets, as this will go along way in determining whether they are involved in financial crimes and corruption or not.
The Nigerian Financial Intelligence Unit (NFIU) should be submitting a quarterly report to the Senate, which should be carefully monitored by the president.
Considering the nefarious activities of some of our leaders, the greed and selfishness of Nigerians, the article of “Presume of Innocence” should also be carefully amended.
Also, the judiciary should take cases of financial crimes and corruption with utmost seriousness and should stop delaying cases. They should note that they will be questioned on how they discharge their duties on the day of resurrection.