Innoson: We can arrest anyone without warrant – EFCC

The Economic and Financial Crimes Commission, EFCC, has said its
operatives can arrest individuals without a warrant of arrest.

The EFCC Director of Legal and Prosecution, Chilo Okoroma, told
members of the Senate committee on anti-corruption that the
commission is empowered to arrest, ”with or without a warrant.”

The committee was mandated by the whole house to investigate the
arrest of the Chairman of Innoson Motors, Innocent Chukwuma, by the
EFCC.

The committee restricted its probe to the circumstances that
surrounded the arrest of Mr. Innocent as other matters are
currently before the court of law.

“We can arrest a person with or without a warrant. And the
matter for which we have invited him for, the law did not state
that we can’t arrest him without a warrant,” Mr. Okoroma said in
reply to an inquiry by Dino Melaye, a member of the committee, on
whether the EFCC had a warrant of arrest before swooping on Mr.
Innocent.

The lawmaker was, however, not satisfied with the response of
the EFCC official.

“Did you have a warrant of arrest when you went to Enugu to
arrest him on 19th of December? Yes or no?”, he questioned
again.

But Mr. Okoroma refused to answer the question ‘satisfactorily’,
a situation which incurred the anger of the lawmakers who
threatened to walk him out for being ‘incompetent to appear before
the committee.’

He thereafter asked for more time to make consultation to enable
him give a definite answer to the question.

“I won’t be in a position to say whether a warrant of arrest was
issued or not but I know the position of law. I will ask for your
permission to verify that. I cannot categorically say,” he
said.

Legal practitioner, Lekan Alabi, speaking with PREMIUM TIMES on
phone Wednesday said the anti-graft commission can arrest an
individual if such an individual decided to ignore an invitation
sent to him to appear or could be on the run.

“EFCC can arrest a suspect without a warrant if they suspect
that he is on the run. The normal thing for the commission is to
send an invitation letter for the person to come. It is when the
person has refused to come, they can swoop on him.

“In some instances, warrant of arrest is necessary. By virtue of
provision of Administration of Criminal Justice Act wherein maybe
they need to break into a person’s house, they need a warrant of
arrest which must be signed by a magistrate so that they can
legally move into the house and pick the person up.

“If he (Innocent Chukwuma) is invited and didn’t show up, they
can swoop on him.”

Mr. Chukwuma reacting to the claim by EFCC that he was arrested
after he ignored their invitation noted that at no time did the
commission invite him.

Mr. Okoroma was, however, unable to present copies of letters
inviting Mr. Innocent upon request by the senators. “We will make
them available,” he said.

Earlier, the EFCC official said the areas that had to do with
finances is before the court of law; hence, he would not make any
comment.

“There is a process of court. We are a bit hamstrung in going
into the details of this matter. There are also several cases even
after the submission of petition to this committee. The petitioner
also filed suits in court, in effect, he has elected for the court
to determine the case.”

Similarly, an Executive Director of Guaranty Trust Bank, Haruna
Musa, declined to delve into the issue citing avoidance of
subjudice as excuse.

“We wish to humbly and respectfully say that EFCC is a law
enforcement agency statutorily empowered to discharge its
functions. We are therefore not in a position to comment on the
allegations made against the EFCC by any person or group of persons
pending litigation of this investigation,” the official said.

The committee resolved to invite the parties at another date to
continue the probe.

The Economic and Financial Crimes Commission, EFCC, has said its
operatives can arrest individuals without a warrant of
arrest.

The EFCC Director of Legal and Prosecution, Chilo Okoroma, told
members of the Senate committee on anti-corruption that the
commission is empowered to arrest, ”with or without a warrant.”

The committee was mandated by the whole house to investigate the
arrest of the Chairman of Innoson Motors, Innocent Chukwuma, by the
EFCC.

The committee restricted its probe to the circumstances that
surrounded the arrest of Mr. Innocent as other matters are
currently before the court of law.

“We can arrest a person with or without a warrant. And the
matter for which we have invited him for, the law did not state
that we can’t arrest him without a warrant,” Mr. Okoroma said in
reply to an inquiry by Dino Melaye, a member of the committee, on
whether the EFCC had a warrant of arrest before swooping on Mr.
Innocent.

The lawmaker was, however, not satisfied with the response of
the EFCC official.

“Did you have a warrant of arrest when you went to Enugu to
arrest him on 19th of December? Yes or no?”, he questioned
again.

But Mr. Okoroma refused to answer the question ‘satisfactorily’,
a situation which incurred the anger of the lawmakers who
threatened to walk him out for being ‘incompetent to appear before
the committee.’

He thereafter asked for more time to make consultation to enable
him give a definite answer to the question.

“I won’t be in a position to say whether a warrant of arrest was
issued or not but I know the position of law. I will ask for your
permission to verify that. I cannot categorically say,” he
said.

Legal practitioner, Lekan Alabi, speaking with PREMIUM TIMES on
phone Wednesday said the anti-graft commission can arrest an
individual if such an individual decided to ignore an invitation
sent to him to appear or could be on the run.

“EFCC can arrest a suspect without a warrant if they suspect
that he is on the run. The normal thing for the commission is to
send an invitation letter for the person to come. It is when the
person has refused to come, they can swoop on him.

“In some instances, warrant of arrest is necessary. By virtue of
provision of Administration of Criminal Justice Act wherein maybe
they need to break into a person’s house, they need a warrant of
arrest which must be signed by a magistrate so that they can
legally move into the house and pick the person up.

“If he (Innocent Chukwuma) is invited and didn’t show up, they
can swoop on him.”

Mr. Chukwuma reacting to the claim by EFCC that he was arrested
after he ignored their invitation noted that at no time did the
commission invite him.

Mr. Okoroma was, however, unable to present copies of letters
inviting Mr. Innocent upon request by the senators. “We will make
them available,” he said.

Earlier, the EFCC official said the areas that had to do with
finances is before the court of law; hence, he would not make any
comment.

“There is a process of court. We are a bit hamstrung in going
into the details of this matter. There are also several cases even
after the submission of petition to this committee. The petitioner
also filed suits in court, in effect, he has elected for the court
to determine the case.”

Similarly, an Executive Director of Guaranty Trust Bank, Haruna
Musa, declined to delve into the issue citing avoidance of
subjudice as excuse.

“We wish to humbly and respectfully say that EFCC is a law
enforcement agency statutorily empowered to discharge its
functions. We are therefore not in a position to comment on the
allegations made against the EFCC by any person or group of persons
pending litigation of this investigation,” the official said.

The committee resolved to invite the parties at another date to
continue the probe.