EFCC Is Not A Debt Recovery Agency — Bawa

The Chairman of the Economic and Financial Crimes Commission,
EFCC, Abdulrasheed Bawa, has cautioned members of the public not to
drag the commission into business transactions gone awry.

Mr Bawa gave the advice while speaking as one of the panelists
at the Alao Aka- Bashorun Memorial Lecture on Thursday in Lagos,
stressing that the commission was not a debt recovery agency.

The lecture is part of the activities to commemorate the
Nigerian Bar Association, NBA, Ikeja Branch, Law Week 2021.

Mr Bawa, represented by Anselm Ozioko, the Head of the Legal
Department of the EFCC, spoke on the topic; “Our Role in the
Effective Implementation of Nigeria’s Anti-Corruption Law”.

He said that there was a general misconception by members of the
public that the EFCC was a debt recovery agency and urged the
public to stop asking the anti-graft agency to recover debts.

“I state with all sense of responsibility that members of the
public, including legal practitioners in the course of carrying out
recovery for their clients, should stop urging us (the commission)
to do so.

“I must also state that in the course of investigating a
financial crime, it is possible that a sum of money transferred
from the account of a nominal complainant, may be recovered as an
exhibit.

“In certain circumstances, the exhibits may be released to the
complainant or the said exhibit will be used for the prosecution of
the suspect in court.

“At the end of a successful prosecution, the court may grant a
Restitutive Order for the nominal complainant, in which the exhibit
will be released to nominal complainant pursuant to the court
Order,” Mr Bawa said.

He said that when the EFCC was approached by fraud victims, they
typically expect the organisation to freeze bank accounts of
suspects, make them forfeit their assets and release the assets to
them (victims).

The chairman said when the EFCC followed due process and did not
act in line with the expectations of the victims, they become
disoriented.

Mr Bawa said that despite best efforts of the EFCC,
international online trading platforms like Paypal, have not
restored Nigeria to its payment platform due to the nefarious
activities of fraudsters.

Commenting on the roles of lawyers during interrogation, the
chairman said that they were to observe and not interfere with
interrogations by the EFCC and that they were not to stand as
sureties for suspects in EFCC custody.

“The EFCC has in some situations prosecuted lawyers who
deposited their Call to Bar Certificates to stand sureties for
suspects because their client jumped bail.

“In some cases, we reported such legal practitioners to the
Legal Practitioners Disciplinary Committee.

“It is not your responsibility as a lawyer to bail anyone, you
recommend that someone is fit and proper to be a surety not you, as
a lawyer,” he said.

Mr Bawa said that in many instances, lawyers have made attempts
to frustrate investigations by filing fundamental rights suits
against the EFCC when their clients are served with invitation
letters.

“As a lawyer, you cannot stop a law enforcement agency from
carrying out its statutory duties,” he said.

Also speaking at the forum, Layi Babatunde (SAN) queried why
heads of government agencies should go to heads of courts to ensure
that their matters are heard in a particular manner.

“Take for instance, the Assets Management Corporation of Nigeria
(AMCON), they do this all of the time. Imagine how it will appear
if bank debtors do the same.

“This should not be taken lightly at all because no litigant has
a right to go and discuss their case with the court, behind the
other party’s back. That is corruption.

“The EFCC should look into it and we, as lawyers should not sit
idle and allow it to happen. It is a form of intimidation.

“If we continue this way, foreign investors will not have faith
in our judicial system,” Mr Babatunde said. NAN

The Chairman of the Economic and Financial Crimes Commission,
EFCC, Abdulrasheed Bawa, has cautioned members of the public not to
drag the commission into business transactions gone awry.

Mr Bawa gave the advice while speaking as one of the panelists
at the Alao Aka- Bashorun Memorial Lecture on Thursday in Lagos,
stressing that the commission was not a debt recovery agency.

The lecture is part of the activities to commemorate the
Nigerian Bar Association, NBA, Ikeja Branch, Law Week 2021.

Mr Bawa, represented by Anselm Ozioko, the Head of the Legal
Department of the EFCC, spoke on the topic; “Our Role in the
Effective Implementation of Nigeria’s Anti-Corruption Law”.

He said that there was a general misconception by members of the
public that the EFCC was a debt recovery agency and urged the
public to stop asking the anti-graft agency to recover debts.

“I state with all sense of responsibility that members of the
public, including legal practitioners in the course of carrying out
recovery for their clients, should stop urging us (the commission)
to do so.

“I must also state that in the course of investigating a
financial crime, it is possible that a sum of money transferred
from the account of a nominal complainant, may be recovered as an
exhibit.

“In certain circumstances, the exhibits may be released to the
complainant or the said exhibit will be used for the prosecution of
the suspect in court.

“At the end of a successful prosecution, the court may grant a
Restitutive Order for the nominal complainant, in which the exhibit
will be released to nominal complainant pursuant to the court
Order,” Mr Bawa said.

He said that when the EFCC was approached by fraud victims, they
typically expect the organisation to freeze bank accounts of
suspects, make them forfeit their assets and release the assets to
them (victims).

The chairman said when the EFCC followed due process and did not
act in line with the expectations of the victims, they become
disoriented.

Mr Bawa said that despite best efforts of the EFCC,
international online trading platforms like Paypal, have not
restored Nigeria to its payment platform due to the nefarious
activities of fraudsters.

Commenting on the roles of lawyers during interrogation, the
chairman said that they were to observe and not interfere with
interrogations by the EFCC and that they were not to stand as
sureties for suspects in EFCC custody.

“The EFCC has in some situations prosecuted lawyers who
deposited their Call to Bar Certificates to stand sureties for
suspects because their client jumped bail.

“In some cases, we reported such legal practitioners to the
Legal Practitioners Disciplinary Committee.

“It is not your responsibility as a lawyer to bail anyone, you
recommend that someone is fit and proper to be a surety not you, as
a lawyer,” he said.

Mr Bawa said that in many instances, lawyers have made attempts
to frustrate investigations by filing fundamental rights suits
against the EFCC when their clients are served with invitation
letters.

“As a lawyer, you cannot stop a law enforcement agency from
carrying out its statutory duties,” he said.

Also speaking at the forum, Layi Babatunde (SAN) queried why
heads of government agencies should go to heads of courts to ensure
that their matters are heard in a particular manner.

“Take for instance, the Assets Management Corporation of Nigeria
(AMCON), they do this all of the time. Imagine how it will appear
if bank debtors do the same.

“This should not be taken lightly at all because no litigant has
a right to go and discuss their case with the court, behind the
other party’s back. That is corruption.

“The EFCC should look into it and we, as lawyers should not sit
idle and allow it to happen. It is a form of intimidation.

“If we continue this way, foreign investors will not have faith
in our judicial system,” Mr Babatunde said. NAN