PRESS RELEASE
Re: NBA to EFCC boss: don’t blackmail Judiciary
The attention of the Economic and Financial Crimes Commission, EFCC has been drawn to the above report which appeared in some newspapers on Friday, August 28, 2009. The report which is attributed to the National Publicity Secretary of the Nigeria Bar Association, NBA Murtala Abdulrasheed claims that a recent statement by the Executive Chairman of the EFCC, Mrs. Farida Waziri calling on members of the Nigerian Bench to be cautious in granting ex-parte applications by bank chiefs and debtors currently under investigation by the Commission was an attempt to blackmail the judiciary.
It is usually not the Commission’s style to join issues with every critic, considering that every Nigerian enjoys the right to freedom of expression. This report could have been denied the dignity of a response except that it contains some inaccuracies and innuendos that are suggestive of mischief. The Commission cannot understand how a harmless appeal to the bench not to allow itself to be used as instrument to frustrate the investigation of bank executives and debtors would translate into blackmail and arm twisting . Interestingly, Abdulrasheed concedes that the word ‘frivolous’, which appeared to have incensed him is freely used by all legal practitioners. Why then would its usage by Waziri, a member of the bar, rakes up any storm except there is an agenda which the Commission hates to suspect. In all, what the EFCC Chairman said amounted to nothing but a plea to the judiciary. There was neither any undercurrent, express or implied, of any threat whatsoever, castigation nor blackmail that would warrant the position put forward by the NBA. In fact, our courts in a litany of cases have deplored the unrestrained use of injunctions in all forms of proceedings as noted in the case of N.A.B. Kotoye Vs Central Bank of Nigeria &7 Ors (1989) 2 S.C (Part1) 1.
It is difficult to fathom the linkage between the EFCC boss’ statement and the trial of ex-governors for corruption. Abdulrasheed’s claim that the NBA “does not begrudge Mrs Waziri’s Commission the right to re-awaken from its long slumber in matters not affecting evidently corrupt former governors in which it has been evidently complicit in their escape from the long arms of the law”, is not only absolutely unfair but equally not true. Is it Mrs Waziri that handles the briefs of the ex-governors?
NBA is a respected national institution and the Commission values its support and collaboration in the anti- graft war. Such support may come in the form of criticisms but it is valuable when it is constructive. The allusion to the Commission waking from its slumber is unwarranted, and baseless. A Commission that has secured about 70 convictions and made recoveries in excess of N50billion in one year can’t be said to be asleep.
For the benefit of members of the NBA, the Commission has never claimed to have a perfect legal team. No organization does. Without the prompting of anybody, Waziri during a recent visit to the NBA leadership in Lagos did make a formal request to the NBA for assistance in getting bright lawyers to bolster EFCC’s legal representation in court. What the Commission is looking for are lawyers who are bright advocates committed to the mandate to rid our of society of the menace of corruption.
In times like this, what is expected of all and sundry, including the NBA is to join hands with the Commission in this obviously difficult but absolutely necessary aspect of nation building.
Femi Babafemi
Head, Media & Publicity
30/8/09
