Yesterday, news broke about the arrest (invitation) of Obi Cubana by the Economic and Financial Crimes Commission (EFCC) for offences bordering on money laundering, tax evasion and abuse of the naira in public place. While the news came as a shock to many, to some others it was one that was long overdue.
Obi Cubana is a business man, entrepreneur and a philanthropist who shot to limelight and celebrity status earlier in the year during the palatial burial ceremony of his mother – Mrs. Iyiegbu.
His visit has been greeted with mixed reactions since the news broke.
Factually though, Obi Cubana is not the only celebrity figure that has been arrested or invited by the Economic and Financial Crimes Commission. Music star – Naira Marley, Instagram Comedians/ Content Creators/ Socialites – Pankeeroy, Adeherself, Mompha amongst many others make the list of celebrities who at one point or the other have been invited/arrested by the commission.
LEGALLY SPEAKING:
Part II, Section 7 (1) (a) and (b) of The Economic and Financial Crimes Commission Act states:
“(1) The Commission has power to
(a) cause investigations to be conducted as to whether any person, corporate body or organization has committed an offence under this Act or other law relating to economic and financial crimes;
(b) cause investigations to be concluded into the properties of any person if it appears to the commission that the person’s lifestyle and extent of the properties are not justified by his source of income.”
The law clearly and boldly mandates the commission to investigate person(s) or corporate bodies where it is of the opinion that need calls for it regardless of their status. In line with this, legally the Economic and Financial Crimes Commission is on course and right in their investigation into Obi Cubana and other celebrities over time.
However, the Economic and Financial Crimes Commission and other security agencies have mastered and weaponized the art of social media trial and sadly because of the lack of proper information and legal education, it has become a veritable tool that even the masses have helped to aggravate.
An invite or arrest by the Economic and Financial Crimes Commission (EFCC) does not in any way equate or automatically translate to conviction. At best it’s a ceremonial exercise in the course of finding the truth with regards some facts in issue and at worst, an indictment on the suspect.
By virtue of the powers conferred on the commission by the EFCC Act, the commission can literally invite anybody without the cover of immunity, even the Oba of Benin for example, as part of its investigation. The said invite does not automatically translate to conviction of wrong doing else almost every single person in the country would be vulnerable to that toga. There is an urgent and pertinent need to sensitize the public and change the narrative as the current perception is not only deceptive but also very dangerous.
In reality though, most often than not, after a person (suspect) honours an invite, the commission goes on to take his statement and detain the person. While the commission has a right to detain a person, by virtue of Section 36 of the Constitution of the Federal Republic of Nigeria however, they cannot legally hold any person for more than 48 hours without charging same to court.
The practice with the commission however is that, in other to keep a suspect without breaching his fundamental human right, they release the suspect on bail but with very stringent bail conditions that are difficult if not impossible to meet. So that, if and when the issue of the breach of fundamental human right arises, the commission quickly argues that the suspect has been released on bail, he has only failed to perfect his bail – a lapse on his part.
In a working system, the process ordinarily should begin with investigation by the commission, then invitation is extended to concerned parties/suspects in the case, they give their statements with regards the issue, the commission continues its investigation and at the close of which it decides if there’s a prima facie case to be heard by a court of competent jurisdiction; If yes, then it charges the case to court and vice versa.
The Economic and Financial Crimes Commission is not and has never been a court of competent jurisdiction and so, it does not have the statutory powers to declare or deem anybody a criminal.
As Individuals and as a society we need to consciously work against the hasty assumptions and stigma that is now associated with a visit to the Economic and Financial Crimes Commission, it is shallow, narrowing and a threat to the rule of law.
