Last week, a journalist, Norah Okafor called out operatives of the Economic and Financial Crimes Commission (EFCC) for breaking into her place of residence at about 1.36 am in the morning.
The officials numbering 25 with different types of guns in two Hilux buses, masked and dressed in all black invaded the premises, used a plier to cut the wires of the electric fence, broke the key of the gate with an axe, ransacked her apartment, beat her brothers and left after discovering she and her neighbours were legitimately employed.
If this sounds familiar, maybe because it is akin to the experience of Dorathy Bachor of Big Brother Naija fame who in August this year in a series of Instagram stories narrated she woke up at about 4.45 am to find EFCC officials in her living room.
These are just two from the numerous stories that depict the highhandedness and overzealous manner in which operatives of the EFCC are now carrying out their mandate.
Let us first x-ray why the EFCC was formed and the tenets of its operations in times past.
In 2003, in response to pressure from the Financial Action Task Force on Money Laundering (FATF), which named Nigeria as one of 23 countries non-cooperative in the international community’s efforts to fight money laundering, the Obasanjo led administration formed the Economic and Financial Crimes Commission (EFCC).
The commission under the chairmanship of Nuhu Ribadu was tasked with investigating financial crimes such as advance fee fraud (419 fraud) and money laundering.
Under Ribadu’s chairmanship, the commission’s caseload reflected its intended focus. The institution proved especially effective in prosecuting cases of advance fee fraud. The EFCC soon acquired a reputation for dynamism and efficiency.
While the EFCC’s mandate was not specifically crafted to target public sector corruption, it was written in a way to encompass it. This made the commission prosecute and even secured the conviction of prominent political figures who had robbed the country of its wealth.
Some prominent prosecutions include Tafa Balogun, the former IG of Police, Diepreye Alamieyeseigha, the former governor of Bayelsa State, Lucky Igbinedion, the former governor of Edo State, Olabode George, PDP chieftain and former chairman of Nigerian Port Authority, Joshua Dariye, former Plateau state governor to mention but a few.
With stories of the infamous and now-disbanded Special Anti Robbery Squad (SARS) making the rounds, the extortion and bullying it vented on street criminals and fraudsters, the EFCC seem to have shifted focus to these set of criminals while also adopting the mode of operation of the deformed SARS.
The commission now breaks into random peoples’ houses, hotel rooms, etc in the middle of the night or wee hours of the morning, sometimes without a search warrant, causing destruction and bodily harm and that is the bone of contention.
Despite the criticisms and public outcry that the commission face over this commando-style operation, it has remained bullish.
Last month, the EFCC in its newly adopted commando-style invaded the Ogun State Government’s hotel, the Mitros Residences Annex. It was reported that the incident led to the destruction of properties of the hotel.
Following the backlash that followed the raid, the commission issued a warning to all hoteliers against what it termed a “worrying pattern of cold complicity by hospitality entrepreneurs.”
It also quoted Section 3 of the Advance Fee Fraud And Other Related Offences Act, 2006 which provides for a prison term of between five and 15 years without the option of a fine for any person who permits his premises to be used for any offence under the Act.
It added that the “EFCC will therefore not tolerate situations where hotel owners or managers not only permit fraudsters to use their facilities but also deliberately shield them from arrests on their premises.”
A supervisor in one of the leading hospitality establishments in Abuja who would rather keep his name offprint has however argued that there is a limit to what hoteliers can do especially when it comes to identifying these kinds of people.
He argued that as business owners, hoteliers are out to, first of all, make money. They are not equipped with the skills to profile and reject guests based on physical appearance.
For customers who lodge, they are issued a short bio-data form and it is not in the position of the hotel to argue against what is filled on these forms.
Then for guests who come into such places for other forms of entertainment such as relaxing, drinks and food, he maintained that it is the responsibility of the hotel to give them the best customer service and that is it.
When pressed on the damages an EFCC raid can do to a hotel, he said such raids kill customers confidence and the goodwill of an establishment. Goodwill, he added is intangible but it is what the hospitality industry thrives on.
He said “No one wants to be in his room and have the fear of a raid at the back of his mind. When such a raid happens, customers lose confidence in your establishment and that can be the end of your business.”
The death of businesses has various consequences that should be considered by the EFCC. Firstly, what becomes of the investment which the owner of such an establishment has put in.
Most times, the capital of such businesses are loans from banks and other financial institutions, how will the owner payback if such business wind up?
There is also the multiplier effect on the employees, workers and families of these workers who have been sacked due to the closure of a business.
Away from business, the effect on individuals whose houses are also raided is quite dire.
Dorathy Bachor in her Instastory narrated how her aged mother almost had a panic attack on the day her house was invaded.
The general apprehension that surrounds such raids is truly traumatic. Victims generally can not discern why they are being attacked. The fear most times is that the attack is from armed robbers.
The scene of such raids is general chaos and confusion and as such, there is no coordinated thought process to what the victim does.
Earlier this year, a man jumped to his death from the seventh floor of a storey building during a raid by the EFCC. The police PRO confirmed that the man in question was not a target of the raid as he was only a guest.
Then there is the destruction of properties. Who suffers the cost of the damages? It is still the traumatized innocent victims who have to somehow dust themselves up, source funds to repair and replace the damages inflicted on them.
With the attendant damages to lives, properties and businesses and the adoption and insistence of the EFCC in using this mode of operation, one would want to ask, is it even legal?
Speaking on the legality of the EFCC in conducting such raids, Stanley Maduabuchi Ofoegbu Esq argued that there is no provision in the EFCC establishment Act that empowers the commission to break into any building whether hotel, residential homes, clubs, bar or lounge to effect an arrest.
He added that there is no law anywhere that empowers the commission to attack and break into hotels in the wee hours of the night.
He further said that section 6 (f) of the EFCC establishment act provides that the commission can adopt measures which include coordinated prevented and regulatory actions.
The word co-ordinated and preventive according to him cannot mean attacking and breaking into homes, hotels using guns to threaten the hotel managers or their staff
Accordingly, where operative breaks into any home or hotel in the name of arrest and or investigation without due authorization, they can be liable to be sued for trespass to land
The position of Ofoegbu may be fully understood by Norah Okafor who has now sued the antigraft body for N20million over the damages that was carried out on her place of residence.
Recently, the Chairman of the EFCC, Abdulrasheed Bawa while speaking at a conference in Cambridge advocated for a collective and collaborative approach by authorities around the world in dealing with the challenges of financial crimes.
Maybe his operatives should also learn a few things from the mode of operations of these foreign agencies.
In the arrest of Bernie Madoff, an American fraudster and financier who ran the world’s largest Ponzi scheme in history, the Federal Bureau of Intelligence (FBI) agents simply knocked at the door, identified themselves and arrested the suspect.
Observing other famous raids by the FBI also shows that due diligence is taken, search warrants are issued and officers are fully kitted in a way that they can be easily identified as security agents.
The arrest of Ramon Olorunwa Abbas, popularly called Hushpuppi, and his gang by the Dubai police is also a good example.
A four-minute video released after Hushpuppi’s arrest revealed how the Dubai police carried out an intensive investigation of the suspected fraudster and his gang for about 4 months, during which his social media account, fraudulent activities, and the gang’s whereabouts were closely monitored.
During the time of his arrest, the Dubai police knew exactly where he and his team were, and at what time. They were fully kitted in identifiable security outfits. The suspects were not beaten, just handcuffed and taken away.
Although the EFCC always posits that it carries out “its sting operation after credible information and investigation”, the fact that some of these operations target wrong and innocent people shows that more work has to be done.
The incident of the release of 17 youths who were wrongfully arrested by the Enugu Zonal Command when it carried out a raid on a hotel where leaders of various south-eastern youth associations were holding a meeting concerning the state of insecurity in the region easily comes to mind.
The commission no doubt must be commended for the strides it is making in fighting this enormous battle. Its numerous arrests of these criminals not only save unsuspecting victims but also serve as a deterrent to others seeking to follow the same path of criminality.
However, the modus operandi of randomly breaking into peoples’ homes and businesses, spreading tension, assaulting, bullying, and half-true accusations are making a mockery of the institution and should be revisited