Nigerian Bar Association’s Respond’s to EFCC’s Rejoinder!


The newly elected Chairman of the Nigerian Bar Association A.B Mahmoud SAN had during his Inaugural Address suggested among other things that the powers of the Economic and Financial Crimes Commission to prosecute offences should be scrapped. In a swift reaction the EFCC had on Saturday 27th August, 2016 issued a rejoinder to the to the NBA Chairman’s Statement, describing same as “self-serving” and aimed at creating “a cabal of untouchables”. Below is the NBA’s Surrejoinder:

  1. The attention of the Nigerian Bar Association (NBA) has been drawn to the statements issued by the Economic and Financial Crimes Commission (EFCC) said to be in response to the Inaugural Address of the President of the NBA made in Port-Harcourt, Rivers State on Friday 26th August, 2016.
  1. It has become necessary to react to the statements given its unduly harsh and negative tone totally uncalled for when in the culture of any democratic society, debates about the nature, character and responsibilities of public institutions must always be encouraged.
  1. The Inaugural Address of the NBA President was a statement of nearly 30 pages, which sets out his vision and the direction of his programmes for the Nigerian legal profession. He committed himself to leading a brave new bar fully aligned with the aspirations of Nigerians in their quest for national development which can only be anchored on the rule of law built on strong institutions.
  1. In the one paragraph of the statement dealing with corruption, the NBA President restated the commitment of the NBA in the fight against corruption. He commended the modest achievements of the EFCC but called for the reform of the Agency to enhance its capabilities to deliver on its mandate on a ‘consistent and sustainable’ basis devoid of political interference and on the basis of well-established institutional safeguards that demand the proper regulation of the wide discretionary powers involved in the
    investigation and prosecution of criminal matters.
  1. Combining investigative powers with prosecutorial powers in one single agency, (called the Roskill Model in England), is the exception rather than the norm. In the UK only the Serious Fraud Office (SFO) enjoys such combined powers. But given the institutional safeguards, both within the SFO and the maturity that characterizes the UK Criminal Justice Institutions, the abuse of such powers will be highly unlikely.
  1. The NBA Constitution demands that it promotes law reform and legal development. It therefore commits itself to promoting healthy public debate about our institutions and interrogating their capabilities and performance, including ALL criminal justice agencies such as the EFCC. The NBA will not be intimidated or cowed in the discharge of this responsibility.
  1. The NBA condemns in the strongest terms the use of abusive and uncivil language of ‘rogues and vultures’ and such strictures by a public authority. Name calling and use of abusive language is not expected of any public institution. It is unacceptable. The NBA
    demands unequivocal withdrawal of this statement and an unreserved apology from the EFCC.
  1. The NBA calls on the EFCC to also endeavor to get its facts correct before making statements or insinuations.
  1. The NBA President Mr. A.B. Mahmoud, SAN has over the years supported the work of the EFCC in many ways and acted as counsel in a number of matters on behalf of the organization.
  1. However, neither he nor his firm has ever represented the EFCC or the Attorney General of the Federation or been involved in any prosecution or defense of Mr. James Ibori in any criminal matter
  1. On the case involving the former Governor of Rivers State, Mr Peter Odili the EFCC is aware that Mr. Mahmoud was lead counsel in its defense in a civil appeal at the Court of Appeal involving the constitutional challenge of the powers of the EFCC by the Rivers State Government. In spite of his best efforts, the case has remained stuck in the Court of Appeal, even after all briefs of arguments had been settled. The records of the EFCC will also show that neither Mr. Mahmoud nor his firm has been paid any fee, notwithstanding the nearly 20 court appearances in the matter in the course of the last several years involving air travels (Abuja to Port Harcourt) and hotel expenses.
  1. It is therefore unkind and misleading for the EFCC to suggest that Mr. Mahmoud was ever involved in any way in the conduct of its criminal cases against any of the two former Governors.
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