EFCC Has No Jurisdiction Over Bank Employees’ Declaration Of Assets

By Douglas Ogbankwa Esq.

The Nigerian mainstream news media and blogosphere was awash
with the comments credited to Abdulrasheed Bawa the Chairman of the
Economic and Financial Crimes Commission (hereafter called “the
EFCC”), illegally giving Bankers in Nigeria till the 1st of June,
2021 to declare their assets in accordance with the Bankers’
Employees ETC Declaration of Assets Act, 1986.

The Act provides in Section 1 (1), that an existing Bank
Employee, shall within 14 Days of the Act coming into Force, which
was in 1986, make a full declaration of all his assets. Section
1(2) of the Act indicated above, imposes the same obligation on a
new staff of a Bank after the act has come into Force.

Section 3 (1) of the Act stipulates that Bank employees shall
submit their assets declaration forms to the Chief Executive of
their banks within the said 14 Days of making the Declaration.

Section 3 (2) of the Act provides that the Chief Executive of
the Bank shall within 7 Days after the expiration of the 14 Days,
submit the assets declaration to the Appropriate Authority

Section 2 (1) of the Law makes it mandatory for the Declaration
of Assets to be done as prescribed in the Declaration of Assets
Form, Form A attached to the Act and it shall be executed before a
Registrar of a Superior Court of Record.By the Law, Failure to
execute the prescribed Assets Declaration Forms and submit same
carries imprisonment of Ten upon conviction.

The apposite question to ask is who is the appropriate authority
referred to in Section 3 (2) of the Act, is it the EFCC?

To start with the EFCC was not in existence in 1986 when the Act
was enacted. The interpretation section of the Act in Section 13,
defines the appropriate authority to be the Secretary to the
Federal Government or any person designated by him through an
Instrument published in a Federal Government Gazette.

I am not aware of any instrument published in a Federal
Government Gazette issued by the Secretary to the Federal
Government designating the Economic and Financial Crimes Commission
as an appropriate authority to enforce/ implement the provisions of
the law hereinbefore analyzed. They are therefore not the
appropriate Authority but meddlesome Interlopers.

The EFCC should concentrate on its core mandate and stop chasing
shadows. There are a lot of economic crimes that have not be curbed
nor prosecuted. They are looking for soft targets to convict to
increase their conviction ratio. You can not put something on
anything and expect it to stand. UAC v. Macfoy (1962) All ELR.

The EFCC should know that Nigeria is governed by Laws and not
brute force. If a Law does not provide for an action, no manner of
advocacy no matter how laudable can change the position of the
law.

About the Author .

Douglas Ogbankwa Esq., @
douglasogbankwa@gmail.com, a Benin-based
private legal practitioner is the convener of the Transparent Bar
Initiative.

By Douglas Ogbankwa Esq.

The Nigerian mainstream news media and blogosphere was awash
with the comments credited to Abdulrasheed Bawa the Chairman of the
Economic and Financial Crimes Commission (hereafter called “the
EFCC”), illegally giving Bankers in Nigeria till the 1st of June,
2021 to declare their assets in accordance with the Bankers’
Employees ETC Declaration of Assets Act, 1986.

The Act provides in Section 1 (1), that an existing Bank
Employee, shall within 14 Days of the Act coming into Force, which
was in 1986, make a full declaration of all his assets. Section
1(2) of the Act indicated above, imposes the same obligation on a
new staff of a Bank after the act has come into Force.

Section 3 (1) of the Act stipulates that Bank employees shall
submit their assets declaration forms to the Chief Executive of
their banks within the said 14 Days of making the Declaration.

Section 3 (2) of the Act provides that the Chief Executive of
the Bank shall within 7 Days after the expiration of the 14 Days,
submit the assets declaration to the Appropriate Authority

Section 2 (1) of the Law makes it mandatory for the Declaration
of Assets to be done as prescribed in the Declaration of Assets
Form, Form A attached to the Act and it shall be executed before a
Registrar of a Superior Court of Record.By the Law, Failure to
execute the prescribed Assets Declaration Forms and submit same
carries imprisonment of Ten upon conviction.

The apposite question to ask is who is the appropriate authority
referred to in Section 3 (2) of the Act, is it the EFCC?

To start with the EFCC was not in existence in 1986 when the Act
was enacted. The interpretation section of the Act in Section 13,
defines the appropriate authority to be the Secretary to the
Federal Government or any person designated by him through an
Instrument published in a Federal Government Gazette.

I am not aware of any instrument published in a Federal
Government Gazette issued by the Secretary to the Federal
Government designating the Economic and Financial Crimes Commission
as an appropriate authority to enforce/ implement the provisions of
the law hereinbefore analyzed. They are therefore not the
appropriate Authority but meddlesome Interlopers.

The EFCC should concentrate on its core mandate and stop chasing
shadows. There are a lot of economic crimes that have not be curbed
nor prosecuted. They are looking for soft targets to convict to
increase their conviction ratio. You can not put something on
anything and expect it to stand. UAC v. Macfoy (1962) All ELR.

The EFCC should know that Nigeria is governed by Laws and not
brute force. If a Law does not provide for an action, no manner of
advocacy no matter how laudable can change the position of the
law.

About the Author .

Douglas Ogbankwa Esq., @
douglasogbankwa@gmail.com, a Benin-based
private legal practitioner is the convener of the Transparent Bar
Initiative.