EFCC’s Akure Impunity Raid: Legal Ambiguities and Civil Rights Concerns – Hon. Tomide Akinribido.
Honorable Tomide Akinribido, a former lawmaker in the Ondo State House of Assembly, has expressed total dissatisfaction and condemned the recent Brutal Invasion of the Operatives of the Economic and Financial Crimes Commission (EFCC) in Akure, the Ondo State Capital in the Early Hours of Saturday, 8th of June 2024.
The recent invasion of Akure nightclubs by EFCC operatives has left many Nigerians deeply troubled and questioning the actions of security agencies. Reflecting on the legacy of military-style operations in Nigeria, Tomide identifies ambiguities within the Administration of Criminal Justice Act 2015 that warrant further interpretation. Key focus areas include the issuance of warrants, the use of force, and the protection of fundamental human rights. Tomide challenges whether the law permits security agencies to carry out actions such as invading public spaces, using excessive force, and violating citizens’ rights.
Expressing his dissatisfaction, He said “I woke up this morning deeply worried and concerned about the reckless and unacceptable invasion of some Akure nightclubs by men of the EFCC,Ibadan command. I reflected on the modus operandi of security agencies in Nigeria generally,which reeks of the unfortunate legacy of the military era which are only obtainable in dysfunctional societies. I have particularly been wondering what gives the security agencies in Nigeria so much confidence to humiliate citizens and traumatize us boldly? My concern led me to the ADMINISTRATION OF THE CRIMINAL JUSTICE ACT 2015(ACJA 2015).”
“I therefore found some sections of the ACJA 2015 to be ambiguous and may need Supreme Court interpretation. Focus should be on;
– Section 148 which states that warrant of arrest can be given at “any time of the day”.
– What is the definition of “force reasonably necessary for the purpose” in section 149(2)?
– What are the extent and limits of section 12(2)?
– What are the extent and limits of section 9(1)??
I’m wondering all of these because the issue in context for me is not whether EFCC should/can arrest suspected fraudsters or not – that is settled, if they have reasons to arrest a suspect,they can or should do so. However,my point is that does the law permit them to;
– Invade public spaces and destroy business outlets
– Launch teargas and pepper spray on random people,
– Beat and mutilate people indiscriminately,
– Harass and molest people and,
– Violate their fundamental human rights??
Now, if the ACJA 2015 or other relevant laws does not permit the aforementioned, what is the remedy if it is established that the EFCC officials overstepped their rules of engagement? For me,I believe justice can only be reasonably served in this case if the following are done;
– Immediate sanction,such as the demotion of the Head of the EFCC,Ibadan zonal command.
– Immediate dismissal and prosecution of all the officers who partook in the invasion,particularly the team leader.
– Public apology by the EFCC chairman to residents of Akure,the Ondo state Capital.
– Setup of a committee to investigate the extent of damages and losses caused on the two nightclubs by the invasion,and a full financial restitution made by the EFCC.
Hon Tomide emphasizes that justice can only prevail through adherence to the law and respect for citizens’ rights, rather than perpetuating a culture of injustice in Nigeria.
Furthermore, He said “Anything short of the above mentioned will amount to yet another act of Nigeria Traumatizing its Citizens, and teaching them to accept Injustice as the standard way of life.”
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