EFCC Flashcards
How did it come to being?
during the Obasanjo administration
following its establishment in 2003.
Established under the EFCC Act, 2004
Major functions
Prevent, investigate and prosecute economic and financial crimes
It has ___ members making it ___ commission
22 members drawn from various law enforcement agencies and regulators making it an interagency commission
Chairman serves as…
Chief executive and accounting officer
Must have at least 15 years experience
Secretary..
Heads administration of EFCC
All other members except from chairman and secretary are..
Part time
President appoints everyone except
Ex-officio members
Section 6
The functions…
Special Powers
Section 7
Section 7(1)
Power to investigate crimes
Unjustified wealth
7(2)
The Coordinating agency for enforcing several financial crime laws
Fraud Banks Act
Money Laundering Act
Miscellaneous Offenses Act
Criminal and penal code
Examples of laws enforced by EFCC by 7(2)
Section42 of The Act defines economic and financial crimes broadly as…
non-violent illegal activities aimed at acquiring wealth unlawfully, whether committed individually, in groups, or through organized crime.
FBET
DHMT
IP
Fraud
Bribery
Embezzlement
Tax evasion
Drug trafficking
Human trafficking
Mining (illegal)
Toxic waste dumping
Intellectual property theft
Piracy
A first problem
broad discretion on the President with respect to the dismissal of the
EFCC chairman and some members of the Commission.
Professor Ben Nwabueze SAN
The conferment of these powers go against the rule of law and constitutionalism in Nigeria
Problem 2
It has been putting it’s all into cybercrime in exclusion to other roles
Another failure (3)
relative failure to secure convictions in a
significant number of high-profile corruption cases.
4th problem
selective prosecution of opponents of ruling party. Takes away its core
Successes
Prosecuted - Tafa Balogun (IGP)
Convicted - Joshua Dariye(Gov plateau)
Investigated- 242 million Banco Noreste case
Investigated…
242 million Banco Noreste case
