The Economic and Financial Crimes Commission, EFCC has been warned to stop Criminalizing civil transaction matters that are outside its establishment mandate to stop incurring further wrath of Courts.
Specifically, the anti-graft agency was asked to re-evaluate its approach to cases involving civil transactions and limit its scope of operations to criminal matters as stipulated in the law that set it up.
An Abuja based lawyer, Pelumi Olajengbesi issued the warning in a statement in reaction to the Supreme Court judgment that quashed the conviction of Senator Peter Nwaoboshi on alleged over N800M fraud.
The EFCC had accused Senator Nwaoboshi of illegal property acquisition, leading to his arrest and subsequent arraignment before the Federal High Court in Lagos.
However, the court ruled that the nature of the transaction was civil in nature, thereby questioning the EFCC’s authority to intervene in such matters and consequently, the defendants were discharged and acquitted.
Nevertheless, the Court of Appeal held a different view, prompting an appeal to the Supreme Court on behalf of Senator Peter Nwaoboshi.
The Supreme Court, in its judgment, emphasized that the entire prosecution, conviction, and sentencing were based on civil transactions.
It stressed that the EFCC, as a body entrusted with the responsibility of curbing financial crimes and related offenses, lacks the legal jurisdiction and authority to involve itself in civil matters.
Reacting to the Apex Court’s verdict, Olajengbesi said “regrettably, this experience is not unique to Senator Peter Nwaoboshi but resonates with numerous Nigerians and stakeholders who have encountered the EFCC’s actions.
He emphasized that the EFCC, like other law enforcement agencies, does not possess the legal capacity to interfere in civil transactions between citizens and companies adding that the role does not extend to debt recovery or arbitration in economic disputes.
PR/Garry Ochigbo
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