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POWERS OF THE EFCC; EFCC HAS ALL POWERS OF THE POLICE

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Dictum

Under the EFCC Act, 2004, the 1st respondent has clear powers to investigate a wide variety of economic and financial crimes as stated but limited to those listed in Section 6(a) of the Act. The 1st respondent also has the powers to co-ordinate and enforce all economic and financial crimes laws. In the exercise of its powers, the 1st respondent has all the powers and immunities of a police officer under the Police Act. By Section 42 of the EFCC Act, the 1st respondent has been given powers to enforce any offence or to continue with proceedings instituted for the enforcement of the provisions of the Miscellaneous Offences Act; the Banks and Other Financial Institutions Act, 1991 (as amended); Failed Banks (Recovery of Debt and Financial Malpractices in Banks) Act (as amended); the Advance Fee Fraud and Other Related Offences Act; the Money Laundering Act; and any law or regulation relating to Economic and Financial Crimes. Under Paragraphs 3, 7, 13, 15, 19 and 20 of the Economic and Financial Crimes Commission (Enforcement) Regulations, 2010 provisions are made for receiving complaints; investigating complaints; obtaining Court orders; searching of suspects; discretion to prosecute suspects; and drafting of charges; respectively.

— M.A.A. Adumein JCA. Anibor V. EFCC (CA/B/305/2012, 11 DEC 2017)

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“CORRUPT PRACTICES” AS USED IN THE EFCC ACT IS RESTRICTED TO FINANCIAL CRIMES

It suffices therefore to say that the words “corrupt malpractices” entail conduct that might or affect the honest and impartial exercise of a duty; encompassing a vicious and fraudulent intention to evade the prohibitions of the law; something against or forbidden by law; moral turpitude or exactly opposite of honesty involving intentional disregard of law from purely improper motives. To this extent therefore, I have given a careful consideration to the natural, ordinary, and plain interpretation of the expression “corrupt malpractices”, which is not defined under the EFCC (Establishment) Act, and with all due respect, find it difficult to accept that the literal interpretation is effective in discovering the intention of the legislature with respect to ascertaining the scope of the expression “any form of corrupt malpractices” used in section 46 of the EFCC (Establishment) Act. If the literal meaning is adopted, it means that the powers of the EFCC will be at large and open ended, because by that interpretation, every criminal and illicit activity committed will fall within the scope of “corrupt malpractices” and consequently be regarded as an economic and financial crime, which the EFCC will be empowered to investigate, so doing will make a pigmy of other legislations and render them barren and sterile, this is certainly not the intention of the legislature necessitating the establishment of the EFCC and enacting the Act.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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EFCC HAS POWER TO PROSECUTE FINANCIAL CRIMES

Indeed, the effect of the combined provisions of sections 6(b); 7(1)(a) & (2)(f) and 13(2) of the EFCC (Establishment) Act, leaves no doubt that the EFCC has the power to investigate, enforce and prosecute offenders for any offence, whether under the Act or any other statute, in so far as the offence relates to commission of economic and financial crimes.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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