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This latest outburst by the EFCC is typical of its style and direction. Its activities in the political realm are entirely in conflict with the laws which established EFCC and the powers given to it. The EFFC was founded by an act of the National Assembly, the Economic and Financial Crimes Commission (Establishment Act) 2002. It was an “Act to provide for the establishment of a commission for economic and financial which was amended 2004 to an Economic and Financial Crimes Commission (Establishment Act) 2004.

The EFCC is charged with the responsibility of enforcing the provisions of
(a) the Money Laundering Act 2004; 2003 No.7 1995 N0. 13
(b) the Advance Fee Fraud and Other Fraud Related Offences Act 1995;
(c) the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 1994, as amended;
(d) The Banks and other Financial Institutions Act 1991, as amended; and
(e) Miscellaneous Offences Act
(f) Any other law or regulations relating to economic and financial crimes, including the Criminal code of penal code

The Commission has power to –
(a) cause investigations to be conducted as to whether any person, corporate body or organization has committed any offence under this Act or other law relating to economic and financial crimes
(b) cause investigations to be conducted into the properties of any person if it appears to the commission that the person’s lifestyle and extent of the properties are not justified by his source of income.

The power of the EFCC is to investigate, and to prepare for trial, the cases under its jurisdiction. It has no power of enforcement other than the criminal courts. If it feels it has evidence against an individual or groups of individuals it must proceed by instigating criminal proceedings against that person or persons within the framework of the Nigerian Constitution.

The Constitution is clear:

Article 36.
(1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality. ..

(3) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public.

(4) Whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal.

The EFCC has done none of these things. It has made allegations against politicians which is has not used as evidence against them in a court of law as required by the Constitution. There is nothing the Establishment of the EFCC which allows it to intervene, examine or pronounce on the fitness of any candidate for political office. This is a power it has given itself; or at least been given by a President who has regularly demonstrated that the Constitution means nothing to him, despite his oath of office.

If the EFCC has a case to make against any of those it excoriates, it is obliged to bring a case before the courts on the evidence it may have and to allow the justice system to pass on the guilt or innocence of the person under the law. The EFCC is not a Star Chamber organisation and, despite Ribadu’s frothing mouth and popping eyes, he is acting well outside his powers. He is Obasanjo’s hunting hyena, not a law enforcement officer. He enforces no law; he acts by leak and rumour; and is a disgrace to his position. Even in those cases where the EFCC has produced clear evidence of criminal behaviour (Bode George for example) it has not acted.

Perhaps it is time for the courts to put a leash on the EFCC and to return it to the tasks that the law and the Constitution provide for it.