The Supreme Court Has Warned EFCC And Police Against Recovering Debts And Investigating Disputes From Civil Transactions – TheNigerialawyer

Daily Law Tips (Tip 444 ) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)

THE SUPREME COURT HAS WARNED EFCC AND POLICE AGAINST
RECOVERING DEBTS AND INVESTIGATING DISPUTES FROM CIVIL
TRANSACTIONS.

Economic and Financial Crimes Commission (EFCC) having the
responsibility to investigate and prosecute economic and financial
crimes, sometimes operate outside its statutory rights and powers.
EFCC is seen delving into pure civil transactions, seeking to
recover debts and investigate civil contracts with state funds and
resources. This problem does not start with EFCC, rather with us,
the people. Often, people file petitions over civil transactions
merely seeking for recovery of debt but under the disguise of
criminal breach of trust, misrepresentation and other similar
charges. In some circumstances, such cases may be rejected by EFCC,
while some may slip through and climb to the courts; may be where
there are elements willing to look away. Below is a brief quotation
from a recent judgement of the Supreme Court, wherein the Supreme
Court warned EFCC, Police and other security agencies in Nigeria to
desist from such conducts.

“It is important for me to pause and say here that the powers
conferred on the Appellant, i.e. the EFCC to receive complaints and
prevent and/or fight the commission of financial crimes in Nigeria
pursuant to Section 6(b) of the EFCC Act (Supra) does not extend to
the investigation and/or resolution of disputes arising or
resulting from simple contracts or civil transactions as in this
case. The EFCC has an inherent duty to scrutinize all complaints
that it receives carefully, no matter how carefully crafted by the
complaining party, and be bold enough to counsel such complainants
to seek appropriate/lawful means to resolve their disputes. Alas!
the EFCC is not a debt recovery agency and should refrain from
being used as such.

What is even more disturbing in recent times is the way and
manner the Police and some other security agencies, rather than
focus squarely on their statutory functions of investigation,
preventing and prosecuting crimes, allow themselves to be used by
overzealous and/or unscrupulous characters for the recovery of
debts arising from simple contracts, loans or purely civil
transactions. our security agencies, particularly the police, must
know that the citizenry’s confidence in them ought to first be
ensured by the agencies themselves by jealously guarding the
integrity of the uniform and powers conferred on them. The beauty
of salt is in its taste. Once salt loses its own taste, its value
is irredeemably lost. I say this now and again, our security
agencies, particularly the police, are not debt recovery agencies.
The agencies themselves need to first come to this realization,
shun all entreaties in this regard and they will see confidence
gradually restored in them. Where we are now in this country is
that place where our “Men – in black & blue” command almost no
respect from the citizenry because of how low we have sunk. But it
is my belief, which belief I must say I hold very dearly, that all
hope is not lost, many women and men of deep integrity are in our
security agencies, and they only need to rise now to the occasion.”
Per BAGE, J.S.C. (Pp. 21-29, Paras. A-B)

My authority is the decision of Supreme Court in the case of
ECONOMIC & FINANCIAL CRIMES COMMISSION (EFCC) V. DIAMOND BANK
PLC, PETRO CONTINENTAL (NIG) LTD AND H.R.H. EZE (DR) PETER OPARA
(2018) LPELR-44217(SC).

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