The accusations and counteraccusations involving the Ilorin zonal command of the Economic and Financial Crimes Commission, (EFCC) and the Ilorin NBA which started towards the end of last week continued till the penultimate weekend.
The Nigerian Bar Association (NBA), Ilorin branch had thrown the onslaught first by calling on its members not to have anything to do with the anti-graft body in the state until the zonal head is redeployed.
Acting chairperson and publicity secretary of the association, Aishat Omotayo Temim Esq and Ridwan Musa Esq accused the EFCC boss of disrespecting the rule of law and violating the rights of citizens without caution.
Recriminations had since begun to fly back and forth between two sides as head, media, and publicity of the EFCC, Wilson Uwujaren accused the NBA of engaging in emotional blackmail, noting that what the association had alleged ‘to all intent and purposes, smacks of blackmail and a disguised attempt to intimidate the Ilorin command of the commission into unconscionable docility’.
The EFCC in a statement titled, ‘Why NBA is Against EFCC in Ilorin’, said a lawyer, Suleiman Toyin Yahaya had got detained by the Ilorin Command for allegedly tampering with the statement of a suspect under investigation.
The NBA had claimed that citizens were arrested and treated in an undignified manner by the EFCC with little or no access to their family and legal practitioner they want while undergoing custodial interrogation.
‘Ilorin and indeed Kwara State, bastion of legal practice and rule of law is too big an environment to operate for an officer or zonal head who lacks total respect for the rule of law and who violates citizens’ rights at will. We, therefore, demand the immediate transfer of the zonal head, Micheal Nzekwe to where his capacity can help him to operate, the NBA had said.
The association also warned its members, who allegedly collaborated with the EFCC officials to undermine the Rule of Law to desist from such.
The acting chairman of EFCC was also asked to launch an investigation into the Ilorin zonal office with a view to ‘separating the grain from the shaft’.
‘EFCC is an agency of government established by law to carry out its mandates in accordance with the law. Therefore, it will not be considered dignifying for the commission to be headed at her Ilorin zonal office by an officer or commander who has no little respect for human dignity and the rule of law but sees himself as above the commission and the law as manifested in the manner with which the Zonal Head, Micheal Nzekwe, exhibits his arrogance at all times towards legal practitioners and citizens.
It must first be pointed out that EFCC like any other government agency is established by law and as such, must be guided by the laws in its operations. A situation where officials/agents of the Commission now see themselves as being above the law is therefore not only unacceptable but also condemnable. Therefore, the Nigerian Bar Association, Ilorin Branch unequivocally condemns such an unlawful and immoral attitude.
We’ve also had verifiable reports of how suspects arrested are given the option of disengaging their lawyers employed by the family and accepting an ‘EFCC nominated lawyer’ as a condition for securing their freedom temporarily or permanently. To this end, legal practitioners, who are not ‘EFCC nominated Lawyers’ are treated with disdain.
Uncooperative suspects are usually rushed to court with a view to securing their convictions at all costs. A recent Judgment of the Kwara State High Court where a defendant was acquitted, because charges were maliciously preferred against him on the basis of non-cooperation with an ‘EFCC nominated lawyer’, is a testimony to this practice.
We are not unaware that it takes two to tango, this unholy practice is impossible without the cooperation/collaboration of some of our colleagues, who agree to share their ‘professional fee’ with officials of the Commission in whatever ratio they agree to. To these our colleagues, we remind them that, this is a very serious professional misconduct which can cause their appearance before the Legal Practitioners Disciplinary Committee (LPDC) and this may attract sanctions which may include suspension/withdrawal of practitioners’ license to practice. The NBA is watching and will not hesitate to take the appropriate steps to sanction the erring members, NBA submitted.
The EFCC had, however, said ‘the Commission is scandalized that the NBA Ilorin Branch chooses a moment when one of its members, Suleiman Toyin Yahaya was being detained by the Ilorin Command for allegedly tampering with the statement of a suspect under investigation, to launch a media attack against the Command and its leadership’.
‘This, to all intent and purposes, smacks of blackmail and a disguised attempt to intimidate the Ilorin Command of the Commission into unconscionable docility.
As a branch of the NBA that prides itself as an apostle of the rule of law and ethical conduct, it is shocking that the Ilorin Branch of the NBA was silent on the alleged criminal act of its member who was being detained with a valid remand order, and has since been released in obedience to a counter order of the court.
It is also worrisome that the NBA finds it convenient to shift the blame for the alleged unprofessional conduct of its members in matters of legal representation for crime suspects, to personnel of the EFCC. Legal representation of suspects is not within the remit of the EFCC.
While the Commission is willing to investigate any allegation of unprofessional conduct by any of its personnel, those making such claims must provide proof.
It must, however, be emphasized that the Commission, as a creation of law, conducts its activities within the ambit of law and no law has been violated so far by the EFCC in its operations in Ilorin’, the anti-graft agency added.
