EFCC’s persistent failure at criminal asset forfeiture – Punch Newspapers

Tayo Oke

For these concerned with monetary crime proceedings on this nation, and I suppose a lot of you’re, it’s such a aid when one sees information headlines highlighting how a lot properties the Financial and Monetary Crimes Fee has compelled convicted criminals, in addition to suspects, to forfeit to the Federal Authorities. We hear of “properties in Dubai, homes in Abuja, plots of land in Calabar, luxurious residences in Lagos, restoration of N980bn in 5 years”, and so forth all supposedly confiscated and forfeited to the Federal Authorities. You doff your hat to the gallant EFCC prime administration batting for Nigeria. Then comes the stinker: “Court docket refuses to forfeit Saraki’s properties to FG”, and “Court docket discharges forfeiture order on belongings linked to Stella Oduah” in final week’s information headlines. These two are simply the very newest examples of the fixed EFCC setbacks in these issues. The identical occurred within the case of Cecilia Ibru, Mrs Endurance Jonathan, former Governors Ayodele Fayose (Ekiti), and Rochas Okorocha (Imo), to say however a number of. There may be not a single excessive profile property forfeiture by the EFCC that has not been subsequently reversed or within the means of being reversed, or watered right down to the miniscule by the courts.

The definition of insanity, in line with Albert Einstein, is doing the identical factor again and again, and anticipating a unique end result. It had been argued right here earlier than, and it’s price restating: The EFCC’s present method to monetary crime prosecution and property forfeiture is now not match for goal. And, for the umpteenth time, right here is why.

Let me be so simple as it may be made to the broader readership. The EFCC methodology is honed on an aggressive prison prosecution of economic crime as the easiest way of stemming the tide of official corruption, cash laundering and monetary crime usually. In different phrases, arrest, placed on parade, prosecute, safe conviction and forfeit belongings in that order. Adopted to its logical conclusion, the method is cumbersome, and sometimes turns into mired in a cobweb of legalism (See; “EFCC and PEPs: Caught in a cobweb of legalism”, The PUNCH, March 21, 2017). It takes a mean of 5 years to deliver a prison continuing to a conclusion. In some infamous circumstances, this might simply take 10 years or extra, throughout which period authorities would have modified, and the priorities of a brand new administration could have modified with it as nicely.

Certainly, Nigeria is one of the best place to face trial for prime profile monetary crimes, as a result of the legal professionals, particularly the Senior Advocates of Nigeria, they depend on to get them off, not solely have information of the regulation, but in addition have helpful contacts within the judiciary as nicely. They enter into ‘battle’ with the prosecuting authorities, (as they have to), and combat them to a standstill, (as they do).

To make issues worse, the prosecution in Nigeria is within the dangerous behavior of proffering a number of dozen counts in opposition to an accused. James Ibori, for example, had over 100 counts, and the EFCC misplaced all of them. He was later arrested and prosecuted in London on a less complicated 12 counts, and was convicted and despatched to jail in 2012. In reality, confronted with the incontrovertible and meticulously assembled array of proof in opposition to him in open courtroom, he selected to plead responsible because the presiding decide, Anthony Pitts, had warned that he may count on to be despatched down for 26 years if he contested the costs and misplaced. He acquired a lowered 13 years for not losing the courtroom’s time contesting the costs. Even the place a conviction is secured in opposition to the accused in Nigeria, the Supreme Court docket nearly invariably throws the spanner within the works for the prosecuting authorities. And, the place belongings have been up for forfeiture and introduced with glee within the press, it’s only a matter of time earlier than that runs right into a judicial cul-de-sac.

To crown all of it, excessive profile sentencing in Nigeria is commonly one of many lightest there could be. Keep in mind the Chief Govt of a financial institution, discovered responsible of brazen theft of shareholders’ funds operating into billions of naira, and solely acquired a number of months sentence, a lot of it served recuperating in a hospital? With all the cash and ache it took to safe a conviction for former Governor Orji Uzor Kalu, he solely acquired 11 years sentence, which has now been put aside. They love you, EFCC, they actually do. It provides me no pleasure saying this, however take heed to what the Deputy Speaker of the Home of Representatives, Ahmed Wase, stated solely final week on Kalu’s jail sentence: “My chief, the late Chief Solomon Lar, advised me to not concern as a politician to go to jail. He advised me that going to jail is a badge of honour”. This, coming from a Principal Officer of the Nigerian Legislature, is nothing in need of breath-taking. Here’s a senior lawmaker on this nation brazenly lampooning, thumbing his nostril on the prison course of because it considerations the ruling elite. It lays naked the futility of prison prosecution this column has been highlighting many times. Additionally, that, the EFCC’s chosen methodology, is nicely and actually redundant. (See; “Why Kalu’s jail sentence falls quick” The PUNCH, December 10, 2019).

Now, you’ve got heard it from the horse’s mouth; prison conviction and jail sentence don’t have any deterrent worth on public officers on this nation. Time spent in jail is a “badge of honour” for them. It’s not solely in Nigeria although, it’s an African phenomenon (See; “Why we have fun (not jail) corrupt leaders in Africa”, The PUNCH, Might 1, 2018, and Might 8, 2018). The explanation why serving time period in jail has little impact on politicians in Africa is historic and has been nicely lined in two components on the dates cited above. The African elite concern the lack of their property excess of they concern the lack of their liberty. Felony conviction for theft of public property has no resonance within the wider group both. “Oh sure, is he the one one”? “However, they’re all doing it”. “His political enemies are fomenting hassle for him”. “So and so from such and such ethnicity dedicated the identical offence and nothing occurred, why our personal man”? You get these aspect yawns usually from bewildered constituents within the cities and villages whose values have been debased by means of many many years of public pilfering by politicians.

So, to reiterate the choice treatment this column has been advancing for years. As an alternative of placing Kalu by means of the prison jurisdiction once more, take him to courtroom as a TRUSTEE of public property and let him ACCOUNT for every little thing, the billions of properties in his identify, together with the shirt on his again. To be declared a trustee of public property is an especially onerous place for anybody to be in. The courts should be persuaded with a mightily robust argument. However, as soon as a belief relationship has been discovered to exist, the state doesn’t have to indicate any wrongdoing on the trustee’s half, solely that he has acted in breach of his “fiduciary” (sacred) obligations. This explicit route is novel. It has by no means been tried wherever in Africa earlier than. It doesn’t require proof of any form, it doesn’t permit for any attraction by means of the prison courts. As a trustee of public property, the burden of proof is reversed; the onus is on the individual able of belief to account. Any subsequent seizure and forfeiture of belongings can’t be appealed. Plus, it doesn’t imply the accused is shielded from prison prosecution, however it means the properties they’ve spent a lifetime buying and build up are traced and disgorged, together with all incidental values connected.

Make Kalu the take a look at case, please, the EFCC. We’re rooting for you!

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