Blockages in the Criminal Justice Process of EFCC Identified

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16

February 2013

EFCC LogoClogs in the wheel of discharging criminal justice by the Economics and Financial Crimes Commission of Nigeria EFCC, have been identified by stakeholders. At an inter-agency workshop held on 14th January, 2013 at the instance of PRAWA and Justice for All J4A project in Abuja, many challenges contributing to the delays in the delivery of criminal justice by the EFCC were highlighted.
These include:

  • Ineffective interface with other agencies and financial institutions;
  • Delays in obtaining internal and external Forensic reports;
  • Communication lapses between legal and investigation agencies, Unavailability of witnesses, Lack of witness protection mechanism;
  • Work overload of lawyers, Witness financial incapacity, Lack of effective Case Management mechanism, incessant interlocutory applications and appeals, Amendment of the statutory instruments;
  • Transfer of Judges, Courts not sitting sometimes, Untrained in emerging issues relating to cybercrimes and money laundering;
  • Delay in assignment of cases;
  • Inappropriate tolerance of the antics of the defence counsels;
  • Indulgences of accused persons and liberal bail conditions,
  • Incessant adjournment at the instance of defence;
  • Risks and hazards faced by staff and staff turnover;
  • Predisposition to corrupting influences, Lack of ‘working equipment / tools’ e.g. good photocopiers, computers, paper, logistics, inadequate office space and incessant interlocutory applications/appeals.

At the end of the meeting, stakeholders made the following suggestions:

  • Increased advocacy and enlightenment
  • Update of forensic Laboratories with trained experts in all zones of EFCC operations
  • Vehicles
  • Provision of security
  • Witness protection
  • Involvement of lawyers in investigation and provision of effective communication equipment and operational funds for witnesses
  • Employment of more lawyers and provision of specialized training for them;
  • Provision of digital libraries to support electronic case management
  • Regular review of penalties attached to offences
  • Instituting of Effective Case Management System and regular training of staff on self defence and other necessary skills
  • Commencement of the use of National identity Database and Reduction of staff turnover.
  • Provision of security incentives to staff and securing of their accommodations.
  • Improved salary and working conditions of staff and provision of necessary working tools
  • Prompt response from prosecutors and prompt discharge of appeals
  • Establishment of special courts, training of designated Judges to run designated courts and allowing Judges time to complete cases before accepting transfers
  • Investigators/prosecutors should be allowed time to conclude their case before transferring them.

The stakeholders concluded the forum by identifying the two major stages of EFCC operations that are susceptible to very high level of delays.
They are:

  • Trial stage
  • Investigation stage.

Reasons for such delays are:

  • Interlocutory applications/appeals
  • Transfer of judges
  • Requests for further investigations.
  • Delays associated with interface with other organizations.
  • Investigations involving other organizations or outside Nigeria.
  • Investigations involving forensic laboratories from zones and lack of operational vehicles.
PRAWA

PRAWA is a Non-governmental organization aimed at promoting Security, Justice and Development in Africa. It was established in 1994.