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In light of the recent judgment delivered by the Supreme Court of Nigeria on July 7, 2023, which overturned the conviction and sentencing of Senator Peter Nwaoboshi (Delta North) and his companies, it is imperative that the Economic and Financial Crimes Commission (EFCC) re-evaluates its approach to cases involving civil transactions.
The EFCC had accused Senator Peter Nwaoboshi of illegal property acquisition, leading to his arrest and subsequent arraignment before the Federal High Court in Lagos. However, the court ruled that the nature of the transaction was civil in nature, thereby questioning the EFCC’s authority to intervene in such matters. Consequently, the defendants were discharged and acquitted.
Nevertheless, the Court of Appeal held a different view, prompting an appeal to the Supreme Court on behalf of Senator Peter Nwaoboshi. The Supreme Court, in its judgment, emphasized that the entire prosecution, conviction, and sentencing were based on civil transactions. It stressed that the EFCC, as a body entrusted with the responsibility of curbing financial crimes and related offenses, lacks the legal jurisdiction and authority to involve itself in civil matters.
Regrettably, this experience is not unique to Senator Peter Nwaoboshi but resonates with numerous Nigerians and stakeholders who have encountered the EFCC’s actions. The agency, established to detect and combat financial crimes within and outside the government, has strayed from its mandate and now acts as a debt recovery agency, wielding its power against perceived adversaries.
It is crucial to emphasize that the EFCC, like other law enforcement agencies, does not possess the legal capacity to interfere in civil transactions between citizens and companies. Its role does not extend to debt recovery or arbitration in economic disputes. This legal position is well-established in Nigerian law, including the EFCC Act and the Administration of Criminal Justice Act, 2015 (ACJA), and has received judicial endorsement in numerous cases, including the Supreme Court decision in the case of DIAMOND BANK PLC v. H.R.H. EZE (DR) PETER OPARA & 2 ORS. (2018) 3 S.C. (Pt. II) 50.
Therefore, we urgently call upon the leadership of the EFCC to restructure its modus operandi to align with its mandate as a commission. The EFCC must refrain from meddling in civil transactions that fall under the jurisdiction of competent courts or, at best, arbitration panels. Such a course of action would not only restore the public’s faith in the anti-graft agency but also safeguard the integrity and reputation of the Commission, which has been meticulously built over the years.
Pelumi Olajengbesi Esq., is a Legal Practitioner and the Managing Partner at Law Corridor.
