According to the senior lawyer, one of the anti-corruption authorities should investigate corruption cases while the other should handle prosecution.
Lateef Fagbemi, a ministerial nominee from Kwara State, has proposed merging the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practises and Other Related Offences Commission (ICPC).
According to the Senior Advocate of Nigeria (SAN), one of the anti-graft agencies should be only responsible for investigation, while the other should be solely responsible for prosecution.
Fagbemi committed to cooperate with the National Assembly and the judiciary “on certain parameters” if appointed as the Attorney General of the Federation (AGF) and Minister of Justice by President Bola Tinubu on Wednesday.
According to the SAN, the AGF’s office is meant to maintain some independence while also taking into account the mood and interests of the nation.
He emphasised the importance of thorough investigation into corruption cases, citing the case of an international fraudster, Ramon Olorunwa Abbas, popularly known as Hushpuppi, who was investigated by the FBI and subsequently convicted by a United States court after months of underground investigation.
Responding to lawmakers’ questions about how he would investigate and prosecute cases of unexplained wealth, Fagbemi, who was accompanied to the screening by over ten senior advocates, said, “Truth be told, we fight corruption, but the way it is fought in Nigeria leaves much to be desired.” That is correct.”
“If I have my way, I will advise the President to unbundle, first and foremost, bring the ICPC and the EFCC together, and then unbundle them.” “Investigation and supervision should not be handled by the same body; there should be a supervisory authority within the same system,” he stated.
“If there is an investigation, it is another body; if there is prosecution, it is another body.” It does not bode well to entrust the investigation and prosecution to the same organisation. That is the source of our difficulty.
“Then there’s the issue of not being patient enough; you know, investigations take time, especially in serious corruption cases.” Are we willing to wait? In my opinion, a circumstance similar to the one that occurred when Hushpuppi was arrested should be established. They had been following him for years and he had no idea because no one would speak to him, but the day they declared his time was up, he also knew his time was up.
“Investigation should be thorough; it should not be that when a particular governor leaves office, you now say the EFCC is inviting you.” That is not the way to handle corruption cases. You can take your time investigating, but when you knock, it should be the way an average American would react if the FBI knocked on their door: not to come and defend, but to negotiate a plea bargain.”
