Q. Does EFCC Act Above the Law?
A. No. EFCC has as motto: No one is Above the Law and has made a conscious effort since its inception to be a champion of the Rule of Law. With over 200 convictions obtained through regular judicial process, the EFCC will always look ahead in gratitude to the judiciary for the support it has given the anti-corruption war in the country.
Besides, the Commission realizes that its authority derives from the Constitution and the EFCC Establishment Act (2004). Hence, all its actions, including investigation activities are carried out strictly within the ambits of the 1999 Constitution and the EFCC Act. In the occasional event of temporary denial of liberty to some suspects, the EFCC strictly ensures that this is supported only by the powers of the court.
Q. Has the EFCC Ever Committed Errors in the Discharge of its Functions?
A. EFCC is the first to admit that it does not have a monopoly of solutions to Nigeria's myriad problems and may unintentionally make errors in its operations. No human institution, after all, is perfect or infallible. However, if mistakes ever occur, the Commission immediately takes steps to correct them. Nevertheless, no citizen, up to this point, has obtained any court conviction against the Commission for malicious prosecution, and the Commission, as a responsible corporate citizen, and in recognition of the inalienable right of all Nigerians, urges any aggrieved person to seek redress in the court of law.
Q. Does EFCC Ignore or keep the National Assembly in the Dark?
A. The Commission is under obligation by law to make a comprehensive report of its activities to the National Assembly, not later than the 30th of September every year. The EFCC Annual Report presented yearly to the National Assembly, is a compendium of all activities of all units of the Commission including Operations, Administration, Legal & Prosecution, Media, Accounts, Training School, etc. The Commission is not under obligation to publish it, but having been presented to the National Assembly, members of the public may be apprised of its contents by their elected representatives or seek to obtain copies by laid down procedures of the Senate and House of Representatives.
Q. Is EFCC Selective?
A. The Commission has never been selective in its work. EFCC has indeed been addressing the issue of selective justice by holding everyone accountable for his or her actions. Until the coming of EFCC, the rich and powerful were never brought to justice by the selective justice system that we had. Only the poor and powerless were made to pay heavy prices for minor offences. Today, the high and mighty who hitherto bought and dispensed justice the way they wished are being brought to justice. The message is clear: it is no longer business as usual. Every Nigerian is equal before the law.
Q. What Happens to Monies and Properties Recovered by EFCC?
A. As stipulated in the EFCC Act, all monies recovered by the Commission are returned directly to the victims of the crime, be they individuals, corporate bodies, or foreign entities. If the victim is the Federal Government, the proceeds go into the Federation Account, and if the victims are State or Local governments, the proceeds go into their respective treasuries. If the victims are from specific public agencies the proceeds go to such specific accounts: thus, if they are from the oil sector, the proceed goes to the NNPC account; if they are they Customs, they go into the Customs account; or to the Inland Revenue account if the victims are the Inland Revenue Board. Billions of naira have also been recovered and returned to banks and other private commercial entities.
Most Nigerians are aware today that monies have been returned to victims in places like Brazil, the United States, Britain, Hong Kong, and U.K, to mention only a few cases. The cases involved foreign 419 victims and that is typically how similar instances are being treated. Victims get their recovered monies paid directly back to them, wherever they may be in the world, and that is in keeping faith with the law that set up the EFCC.
Restitution is a central component of the work that EFCC does. The Commission has never kept a single kobo of the billions of naira it has recovered in the last four years, be it from petty fraudsters or big time crooks. Where there is any need to use recovered monies as exhibits in prosecution, they are properly kept, documented and used in court to prove the Commission's cases against accused persons following the due process of law. Thereafter, upon conviction and forfeiture, the monies are processed according to court directive. It is illustrative that till date no complaint has been filed against the Commission that a single kobo of such funds has been diverted.
Regarding the disposal of forfeited properties of convicted fraudsters and corrupt public officials, as a rule the EFCC does not insert itself in the processes. Every such transaction is guided by judicial pronouncements. Forfeited properties are evaluated, managed and disposed off by qualified and respected agents. The call for bids are advertised, the bidding process is transparent; the bids are opened in public and the proceeds of such recovered and disposed asserts revert to the victims along the lines outlined above and in conformity with the guiding judicial pronouncements.
Q. How Much Has EFCC Received From External Donors?
A.
- European Union -- $32 million
- World Bank------ $3.181 million
- UNDP ----------- $650,000.00
- British Government--- $525,000.00
- The Netherlands-- $699,000.00
- Total......... $37, 055.00 million
Q. How are the Funds Utilized?
A. Donor funds to EFCC are not given directly to the Commission. All donor funds are tied to specific projects like the establishment of the EFCC Training and Research Institute (TRI) in Karu, Abuja, equipping the Nigeria Financial Intelligence Unit (NFIU), building of IT infrastructure, building of the National Crime Data Centre, building and equipping the Forensic laboratory, installing media equipment, capacity building, etc.
The fund managers of these donations are the United Nations Office on Drugs and Crimes (UNODC) who impose strict procurement and contracting procedures in compliance with international standards. Contractors implementing all aspects of donor-funded projects have never been recruited nor paid by EFCC.
So far the EFCC has enjoyed support from the following agencies:
1. British Department for International Development, DFID
2. The World Bank (as part of the Economic Reforms and Governance Project - ERGP)
3. The United Nations Development Program (UNDP)
4. European Union, EU
5. United States Agency for International Development, USAID
6. The Dutch Foreign Assistance programme [not yet in operation]
As with all donor funds to EFCC, they are not given directly to the Commission. All donor funds are managed according to the rules and regulations of these agencies. In the particular case of the recently obtained Dutch funds, it will be managed by the UNODC.
BRITISH HIGH COMMISSION GRANT
The Global Opportunity Fund Grants obtained to build and furnish the EFCC Training and Research Institute, the management of these funds is strictly supervised by the British Department of Foreign International Development, [DFID].
The World Bank ERGP Project.
The money here, which is mostly for training, is operated like a float with a ceiling of US$150,000.00. Utilization involves the submission of Procurement and Work plans at the beginning of every year. Moreover, all purchases and procurements are made using the World Bank's strict procedures which involve the issuance of ‘no objection' notice at every stage of project implementation. Quarterly reports containing physical progress notes, procurement status, and financial monitoring reports are submitted. Needless to repeat that total control and management of this envelope is within the World Bank.
The United Nations Development Programme (UNDP).
This grant was given for the crime prevention initiative of the Commission's mandate known as the Fix Nigeria Initiative (FNI). The operation of the fund was fully undertaken by the UNDP country office. All activities initiated under this activity by the commission are paid for directly by the UNDP.
EUROPEAN UNION.
This grant is wholly managed by the United Nations Office on Drugs and Crime (UNODC) under a management consultancy with a fully staffed management team. All procurements and payments are carried out by the UNODC. Again, like other donor funds, total control and management of this fund is with the UNODC.
United State Agency for International Department (USAID).
This grant was in kind and involved organizing training programmes for staff of the commission at their training facilities in the USA and Botswana.
EFCC is committed to fulfilling its mandate of putting an end to incidences of economic and financial crimes and doing so in the best traditions of the Rule of Law and restoring our dear nation's pride of place in the comity of nations.
EFCC ...Serving You; Honestly.
Femi Babafemi
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