The Economic and Financial Crimes Commission (EFCC) in Akwa Ibom State has revealed that it faces challenges in prosecuting suspected corrupt public officials due to a court injunction obtained by the state government. This injunction prevents the EFCC from investigating any government officials accused of financial crimes and has significantly curtailed the agency’s powers in the state.
The Chief Prosecutor of the EFCC in Akwa Ibom State, DCC Takon Neji Ndifon, expressed his concerns during a visit by the National Judicial Council on Corruption and Financial Crime Trial Monitoring Committee (NJC COTRIMCO). Ndifon cited instances where high-profile individuals, upon being invited and detained by the EFCC, would obtain ex parte orders for their release. This practice has forced the EFCC to resort to federal high courts instead of utilizing the more cost-effective state judiciary.
Ndifon further lamented that the state government is obstructing the progress of these cases and preventing them from reaching the court. He emphasized that the recovered funds would not go into the pockets of the EFCC, but rather into the state’s coffers for developmental purposes. Although the EFCC has appealed the court injunction, the matter is still pending.
In response, Chief Judge Justice Ekaette Obot stated that none of the judges presiding over EFCC or ICPC (Independent Corrupt Practices and Other Related Offences Commission) cases had complained of external influence. She highlighted a judicial precedent that officers should not be impeded from performing their legal duties. Justice Obot advised the EFCC to await the judgment of the appeal court on the matter.
The Chief Judge also identified the frequent transfers of prosecuting officers as a cause of delay in the prosecution of criminal cases in the state. She urged the relevant authorities to regulate these transfers and ensure that officers remain stationed in a particular state for at least five or six years to expedite the conclusion of ongoing matters.
Justice Gabriel Etteh added that a lack of enthusiasm from the prosecuting agencies is hampering the prosecution of criminal cases in the state. Meanwhile, Justice Bassey Nkanang pointed out that prosecutors of financial crimes often display a lack of seriousness, resulting in delayed or canceled court proceedings. Striking out cases related to financial crimes would send a negative message, suggesting that delayed matters are more likely to be dismissed.
Justice Abimbola Ladipo, Chairman of COTRIMCO, acknowledged the concerns raised by the various groups and pledged to convey them to the council for appropriate action. He also emphasized the importance of regular meetings between the Chief Judge, judges, and prosecuting officers to address problems and seek solutions.