Senior Advocate of Nigeria, Dr Monday Onyekachi Ubani, says the Economic and Financial Crimes Commission does not have constitutional power to freeze an individual’s account without first obtaining a court order.
Speaking during an interview on ARISE News on Saturday, Ubani said the courts have repeatedly rejected attempts by the anti-graft agency to freeze accounts without judicial approval.
“I am not aware, in recent time, of any action where the EFCC has actually frozen the account of a state government. What I have read, and there are a plethora of cases by the appellate courts, is where the EFCC has actually frozen the account of individuals and bodies without prior court order.”
He said such actions affect the proprietary rights of individuals and bodies, which can only be determined by the courts.
“We have read cases where the courts have condemned such action and said, no, if you come to issue proprietary rights of individuals and bodies, there is an arm of government that the Constitution has actually empowered in order to determine rights, liabilities, and privileges of citizens.”
“And that is the courts. So if you want to take away those proprietary rights, you must take it in accordance with the law.”
Ubani said the EFCC should first conduct its investigation and present the facts before a court before seeking an order to freeze an account.
“So you have to do your investigation, and then present the facts of the investigation to the court and say, in the light of these facts, this is what we need to do in order to ensure that a crime is not being committed.”
“And the court now will examine those facts, and then probably make another freezing, and authorizing the freezing of an account.”
He said the courts had consistently emphasised the need for the EFCC to obtain judicial approval before restricting the rights of individuals and bodies.
“The issue of taking it to court has always been emphasized by the court in matters involving bodies and individuals. I’m not aware of any involving state.”
Ubani added that while the EFCC has the power to investigate financial crimes, that power does not extend beyond the limits imposed by law.
“For the fact that the EFCC has some powers under the law to investigate crime, whether that crime involves a state government or involves an individual. If a financial crime is being committed, and let’s get it right, EFCC as an agency has a right to investigate crime involving other individual bodies or subnational. That right cannot be taken away.”
He stressed that the judiciary must remain strong enough to check the EFCC whenever it exceeds its powers.
“The agencies must be very powerful enough to checkmate them and say, no, you have exceeded your power. You have done the wrong thing. You have done the right thing.”
“So if you don’t have an independent arm in the judiciary that actually checkmate agencies like EFCC and ICPC, there is this tendency, and I’m saying it here with every sense of responsibility, for them to exceed.”
Faridah Abdulkadiri
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