Nigeria’s foremost anti-graft agency, the Economic and Financial Crimes Commission (EFCC), recently faced an existential threat from some governors who are challenging the legality of the law that established the EFCC in the Supreme Court.
Their main argument is that the law establishing the EFCC originated from a United Nations Convention, which was converted into an Act without following due process. Consequently, they are calling for the EFCC to be scrapped.
The Supreme Court has now dismissed the suits challenging the establishment and prosecutorial powers of the EFCC.
The apex court described the suit as “selfish,” supporting not only the establishment of the anti-graft agencies but also their powers to investigate and prosecute financial crimes across the federation.
A seven-member panel of the apex court, led by Justice Uwani Abba-Aji, passed the judgment on Friday November 15th 2024 in cases filed by the Attorneys General of Kogi State and others, against the Attorney General of the Federation.
At this critical juncture in our nation’s history, when leaders are expected to prioritize our national interest, one must question the rationale behind this suit. And when countries like Botswana look to us as an example in the fight against graft, shouldn’t we be strengthening this critical institution rather than seeking to dismantle it?
This lawsuit by the governors is reminiscent of past protests across the country by “yahoo boys.” Among the most prominent was the #EFCCMustGo protest in Ughelli, Delta State, organized by suspected yahoo boys two years ago.
The increasing protests by Yahoo Boys in this country call for sober reflection. These individuals are now fighting back, and all hands must be on deck to confront them resolutely. We need to address this issue now, while it is still manageable. Otherwise, we may one day wake up to see kidnappers, terrorists, armed robbers, rapists, and even corrupt politicians marching on the streets with placards in hand, demanding the freedom to carry out their nefarious activities without fear of arrest or punishment. We cannot dismiss the possibility of this happening, as ours is a land of many possibilities.”
This call to dismantle the EFCC, as former President Muhammadu Buhari aptly described in 2016, is corruption fighting back. By challenging the foundation of an agency dedicated to combating financial crimes, these leaders risk emboldening those who thrive in the shadows of impunity.
The EFCC, like every institution in Nigeria, has its failings. However, there is no denying that gains, however modest, have been made since its creation in 2004 by the government of former President Olusegun Obasanjo, GCFR. The mere mention of the EFCC makes some people shiver—a clear indication of its impact. When individuals fear that betraying public trust will have consequences, they are more likely to act responsibly.
Ironically, these governors’ challenge comes at a time when one of the most common criticisms of the EFCC by average Nigerians is that the agency goes after “yahoo boys” while corrupt politicians seem to evade justice. Yet now, the same politicians whom the EFCC is accused of shielding are calling for its dissolution. Isn’t that ironic? Imagine the position of the EFCC amidst such contradictory expectations.
This situation should reawaken calls for structural reforms to strengthen the EFCC’s autonomy and expand its operations to address today’s fast-evolving challenges. Regardless of how it was established, the EFCC has become our nation’s primary hope against internal corruption and international fraud that tarnishes Nigeria’s image abroad.
However, despite its achievements, the EFCC faces challenges in fully convincing the public of its impact. Some Nigerians hold a perception that the agency predominantly pursues low-level offenders while powerful figures are less frequently prosecuted. Although this view may not reflect the agency’s intentions or broader efforts, it does accentuate the need for the EFCC to strengthen its public engagement and demonstrate its commitment to holding all offenders accountable. In a society where the public often sees harsher penalties for minor offenses, it is essential that the EFCC reinforces its image as an impartial enforcer, applying its mandate equally across all levels of society.
EFCC officers, especially those committed to their work, may feel pressured to avoid investigating high-profile Nigerians. With structural reforms, policies could be put in place to protect agents from intimidation, ensuring they can carry out their lawful duties without fear. Additionally, the EFCC should be made fully independent, immune to political interference at any level, so no one appears to be above the law.
If Nigeria seeks a model for the EFCC, it should consider agencies like the U.S. Federal Bureau of Investigation (FBI). From their meticulous approach to crime, standardized professionalism, autonomy, and transparency, agencies like the FBI have set benchmarks in public trust and accountability. For the EFCC to achieve similar trust in Nigeria, it must engage the public, clearly communicate its mission, and demonstrate its commitment to justice. When Nigerians understand the EFCC’s purpose and efforts, they may start appreciating the agency’s work and the dedication of its staff.
Now more than ever, the EFCC stands to benefit from legislative reforms that would strengthen its core mandate and help it evolve to meet the challenges of a changing world. For Nigeria to fight corruption effectively, the EFCC must gain true autonomy, remain resilient against political interference, and operate transparently to maintain public accountability.
To this end, let us rally behind the EFCC and other graft agencies and not allow the challenges they face deter them from pursuing those who have plundered our common resources and tarnished Nigeria’s image abroad through fraud. The fight against corruption requires our united commitment to ensure that accountability prevails.
If the excesses of these governors are not curtailed by the court, they may someday go further, seeking the dissolution of other critical institutions, such as the Nigeria Police Force. If they manage to overpower the “eagle,” they might soon set their sights on the “elephant.”
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