By Sebastine Chukwuebuka Okafor
When the administration of President Olusegun Obasanjo commenced the establishment of the Economic and Financial Crimes Commission, EFCC, in 2003, it was a way of responding to the then growing concern over the increase in economic and financial crimes such as advance fee fraud, money laundering, corruption, and other financial crimes. It took some months before it was fully established under the EFCC Act 2004, and the commission was empowered to investigate all financial crimes, enforce relevant laws, and coordinate efforts of other institutions involved in the fight against corruption. Then, Nigeria faced very bad pressure from international agencies, especially the Financial Action Task Force (FATF), due to its global reputation as the then hub of internet scams and financial crimes. Before EFCC, FATF had placed Nigeria on its Non-Cooperative Countries and Territories (NCCTs).
Charged with the responsibility of investigating financial crimes and bringing offenders to justice, enforcement of economic and financial crimes laws, prevention and combat of financial crimes laws, prevention and combating of financial and economic crimes, amongst others, many Nigerians weren’t comfortable with the idea because the country already had the Independent Corrupt Practices and Other Related Offences Commission (ICPC) that was trying her best at that time. To some, it was a creation of the executive arm of government which would be used to witch-hunt the opposition voices and blackmail targeted individuals; some saw it as an extension of the Nigerian police, while others saw it as a welcomed development. President Obasanjo appointed Mallam Nuhu Ribadu as the first chairman of the commission, who did his best to fight corruption, even though corruption tried everything possible to fight back, but he remained resolute.
In EFCC, there are different departments that enable its work to progress, as created by the EFCC Act 2004. The departments include Operations Department, Legal and Prosecution Department, Intelligence and Special Operations Department, Administration and Human Resources Department, Finance and Accounts Department, Information and Communication Technology (ICT) Department, Media and Public Affairs Department, Capacity Development Department, Asset Forfeiture and Recovery Management Department, Research and Documentation Department.
In all these departments, the most popular and controversial are the Operation, Legal, and Prosecution. This is because, when Nigerians hear about EFCC, it is either they arrested someone or people, raided an environment, charged a suspect to court, or got someone convicted. The Operation arm has been criticized recently by many Nigerians and the global world due to their unethical and unprofessional approach to their duties, especially late-night raiding, as well as alleged abuse of office, as many say they break too many laws while trying to enforce a law.
These departments, since the establishment of the commission, have engaged in activities that have provided a bad image to the commission, especially from revered organizations, groups, legal experts, and individuals. In one of their nefarious activities, renowned legal luminary Dr. Olisa Agbakoba, while talking on May 7th, 2024, said, “I very strongly believe the EFCC is unconstitutionally established… The EFCC is an unlawful organisation,” declared Dr. Olisa Agbakoba (SAN), former NBA President, in an interview published on May 7, 2024, calling for legal reform of the commission’s mandate (Punch Newspapers, 7 May 2024). This statement also tallied with another by Oluwalanu Agusto, a Nigerian illustrator and author, who said, “Nigeria has too many problems for the EFCC to be arresting people over frivolous issues. Have they chased the politicians embezzling billions?” he asked, in an interview published May 14, 2024 (Financial Times, 14 May 2024). Also, Olu Fasan, a public policy analyst, in a critical op-ed on December 15, 2023, questioned EFCC’s credibility as an anti-corruption agency, as published by the Nigerian Observer on 15 December 2023. According to him, “The agency is so bedevilled that it has become part of the problem, not part of the solution.”
One of the things that have made many question the operation guidelines of the commission was when it began to go against itself. On the 1st of November, 2023, EFCC banned night raids after widespread condemnation. According to reports, “The EFCC itself issued a directive banning sting operations at night after civil society organizations and the public condemned the agency’s midnight tactics as extrajudicial and dangerous” (The Cable, Nov 1, 2023). But on June 8, 2024, the same commission raided a nightclub in Akure, which sparked human rights outcry. The reports of the incident said, “The EFCC’s commando-style raid of nightclubs in Akure, where over 50 youths were arrested, including a groom-to-be, drew sharp criticism from human rights activists and observers. The use of tear gas and force was described as a “violation of human dignity and abuse of operational powers” (Daily Post, June 9, 2024).
While many were wondering the reason why EFCC would go against itself, the worst happened again at Awka in January 2025. On the 17th of January 2025, there was a report that said, “Awka Midnight Operation Turned Deadly.”
It also said, “The EFCC came under fire after a midnight raid in Awka, Anambra State, led to the accidental shooting of an EFCC operative, Aminu Salisu, despite the commission’s November 2023 internal directive banning night raids. Civil society and legal advocates condemned the operation as reckless and unlawful” (Punch, Jan 17, 2025).
The midnight raid didn’t stop there. On the 2nd of May, 2025, EFCC also raided different houses at midnight at Premier Layout, Enugu, where over 30 young persons were arrested and interrogated.
What annoys many both in Nigeria and the global world is that the commission is aware of some extant laws such as Section 37 of the 1999 Constitution of Nigeria, Section 144(1) of the Administration of Criminal Justice Act (ACJA) 2015, Section 37 of the Evidence Act 2011, Section 34 of the 1999 Constitution of Nigeria, African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, which all stipulated both the rights of law enforcement agencies/commissions and that of the citizens, yet they always flaunt them. Why a commission established by law manages to disobey the law or use the law as a sword instead of a shield is what Nigerians and the global world need to know.
However, questions that any progressive-minded Nigerian would always ask are: why is EFCC going against itself? Who are they serving? Are they actually living up to the expectations or doing otherwise? How do Nigerians see them? What do Nigerians feel about their work?
The answers to these questions would help our lawmakers and notable Nigerians to know whether the commission is still necessary or should outrightly be disbanded.
It’s very unfortunate that , the Efcc are not being professional in discharging their duty and we Nigerian has a lots of questions to ask them.