HURILAWS SUPPORTS REASSESSING PROSECUTING POWERS OF THE EFCC

The Human Rights Law Service (HURILAWS) applauds the call by the President

of the Nigerian Bar Association, A.B. Mahmoud SAN for a debate on the

efficacy of the war against corruption in Nigeria. Where corruption is

endemic like in Nigeria strong institutions are critical to achieve

success. It is in this context that the debate on the propriety of the

EFCC investigating and prosecuting financial crimes at the same time is

appropriate.
We support the position of the President of the Nigerian Bar Association.

HURILAWS position is supported by international best practice and the need

to build the capacity of the EFCC to deliver on its core mandate which is

investigation of financial crimes. The international best practice is that

one agency investigates, another prosecutes and the court adjudicates. The

EFCC as currently composed is overworked and will not efficiently deliver

on investigation and prosecution.
Whilst we have no objection with the EFCC investigating or the courts

adjudicating, we believe the powers to prosecute should be vested in an

independent highly resourced prosecuting agency. We appreciate the

enormous work done by the EFCC since its establishment in 2003. 13 years

on the Federal Government needs to rejig the EFCC and other crime fighting

institutions to perform optimally. We support plan by the Attorney General

of the Federation to establish a National Prosecuting Agency.

Olisa Agbakoba SAN Collins Okeke
Senior Counsel Legal/Programme Officer
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