Professor Fidelis Oditah Is Wrong About The EFCC

Professor Fidelis Oditah’s recent interactive discussions on a wide range of issues on Arise News are quite engaging. As a Senior Advocate of Nigeria, SAN and an international legal mind, his views on national issues cannot be disregarded. Benjamin Disraeli, former Prime Minister of the United Kingdom once said, “with words we govern men”. Thus, Oditah words are important and cannot be dismissed as empty effusions lacking weight or impact.

However, the learned Professor’s submission on what he called the Economic and Financial Crimes Commission, EFCC’s three fundamental problems are, to say the least, prejudicial, unfounded and misleading. First, Oditah stated that “The EFCC is often being used for settling many scores. Some are political scores, some are social scores. So, you could run away from your girlfriend and the girlfriend goes to the EFCC and the EFCC could ask you questions. What has that got to do with economic crimes? That is blatant abuse of power”

How on earth will this kind of a scenario painted by the learned silk hold water? The simplest argument against this kind of effusion is to challenge Oditah to provide proofs of such banality. We all know that this just an idle talk because the EFCC is a serious- minded law enforcement agency. The only worrisome aspect of such a talk is that it betrays an embarrassing lack of grasp of what the EFCC’s focus is.

This issue of appropriate and proper focusing of the mandate of the EFCC has been a central pivot of the three- pronged agenda of the Executive Chairman of the EFCC, Mr. Ola Olukoyede. In the full glare of the entire world, while addressing members of the National Assembly in October 2023, Olukoyede stated that the focus of every fight against corruption is to stimulate growth in the economy. For more than a year now, the EFCC’s boss has been consistently following this route. The review of the arrest and bail procedures of the EFCC is in line with this. Professor Oditah is probably busy with his works as a King’s Counsel in the United Kingdom and have no time to be abreast of developments in the EFCC. Olukoyede is a lawyer of high pedigree and would not allow what the learned counsel called “ blatant abuse of power”.

The second “ fundamental problem of the EFCC”, according to Oditah is that “The EFCC has abandoned its mandate and reduce itself to a debt- collection agency, notwithstanding the numerous court decisions saying the EFCC must stay within the narrow confines of financial and economic crimes. The EFCC has gone out for debt recovery”. This submission, again, is hollow and vacuous. The EFCC’s Establishment Act does not empower the Commission to collect debt on behalf of anyone. The recovery the EFCC does is taking back proceeds of crime from fraudsters. Asset recovery, all over the world, is a fundamental law enforcement and anti- corruption initiative. As a matter of fact, it is the ground norm of every anti- corruption fight. To this end, Olukoyede in just one year, recovered N248,750,049,365.52 (Two Hundred and Forty-Eight Billion, Seven Hundred and Fifty Million, Forty-Nine Thousand, Three Hundred and Sixty-Five Naira, Fifty-Two Kobo).

In foreign currencies, recoveries of the Commission in the one year of Olukoyede’s leadership are: $105,423,190.39 (One Hundred and Five Million, Four Hundred and Twenty-Three Thousand, One Hundred and Ninety Dollars, Thirty-Nine Cents); £ 53,133.64 (Fifty-Three Thousand, One Hundred and Thirty-Three Pounds, Sixty-Four Pence; €172,547.10 (One Hundred and Seventy-Two Thousand, Five Hundred and Forty-Seven Euros, Ten Cents) and many others.

Going by the quantum of these recoveries, not to talk of real estate recovered all over the country, including shares acquired with proceeds of crime in blue- chip companies, it is simply preposterous to reduce and ridicule asset recoveries to debt recovery. Professor Oditah owes the EFCC and the entire nation unconditional apology in this regard. Just two days ago, a Federal High Court sitting in Lagos granted final forfeitures of over $2million and seven princely properties in choice areas of Lagos to the Federal Government. The assets are proceeds of crime traced to a former governor of Central Bank of Nigeria, CBN. Do such recoveries fall into the category of debt recovery insinuation of Oditah? President Bola Ahmed Tinubu recently directed that N100billion be channeled to the funding of the Nigerian Education Loan Fund, NELFUND and the Nigerian Consumer Credit Corporation, CreditCorp, respectively from the monetary recoveries of the EFCC. Is the Professor aware of all these? It is evident that bringing down the issue of asset recovery to the ridiculous corridor of debt recovery is deliberate caricature of an important anti- corruption framework of the government. This is an initiative which local, regional and international agencies are commending Olukoyede and the EFCC about. It is to be noted also that the Director of FBI and the DG of National Crime Agency in the UK where he resides have paid cortesty visits to Olukoyede commending him on the feat he has attained in the fight against corruption and financial crimes and to seek more collaboration with the agency in their shared mandate of fighting corruption and financial crimes

– Oyewale is Head, Media & Publicity of the EFCC