VDM: EFCC’s Misplaced Priorities and Betrayal of Public Trust by Hamza Dantani

The Economic and Financial Crimes Commission (EFCC), established under the Economic and Financial Crimes Commission (Establishment) Act, 2004, is Nigeria’s foremost anti-graft agency. Tasked with investigating, arresting, and prosecuting corrupt public officials and financial criminals, the EFCC symbolized hope in a country where impunity had long been the order of the day.

However, in recent times, that hope has waned. The EFCC, rather than focusing on the real saboteurs of Nigeria’s economy, the high-profile political elites who have looted the nation dry, has diverted its energy toward persecuting low-level offenders and critics of its inefficiency.

No example drives this point home more than that of Vincent Otse, also known as VeryDarkMan (VDM), the popular social media activist who was arrested in Gestapo style for criticizing the corruption and incompetence of the EFCC, and persons like Professor Usman Yusuf, who was detained and prosectuted on Monday 3rd of February 2025,

Today, rather than headlines about the arrest of embezzling public servants, Nigerians are treated to news of young men and those who are in opposition or criticizing the incumbent government being paraded either frivilous chargez or for “spraying” the Naira at weddings or activists being harassed and detained for speaking out against the commission’s inefficiency, This disturbing trend raises a fundamental question: has the EFCC lost its way?

LEGAL MANDATE AND FRAMEWORK

The EFCC operates under a robust legal framework, including:

1. EFCC (Establishment) Act, 2004: Grants the commission authority to investigate and prosecute economic and financial crimes;

2. Money Laundering (Prohibition) Act, 2022: Criminalizes money laundering and empowers the EFCC to enforce compliance.

3. Advance Fee Fraud and Other Fraud-Related Offences Act, 2006: Targets fraudulent schemes;

4. Banks and Other Financial Institutions Act (BOFIA), 2020: Provides jurisdiction over banking sector crimes; and

5. Terrorism (Prevention and Prohibition) Act, 2022: This act tasks the EFCC with combating terrorism financing.

FUNCTIONS AND POWERS OF EFCC

The commission’s broad, statutory duties and responsibilities cover dealing with Economic and Financial Crimes and combating terrorism and terrorist tendencies. On Functions of the EFCC, the Court of Appeal in the case of Danfulani v. E.F.C.C. (2016) 1 NWLR (Pt. 1493) 223 (P. 239, paras. F-G) 2 held thus:

“By the provision of section 1(2) (c) of the Economic and Financial Crimes Commission (Establishment) Act 2004, the Economic and Financial Crimes Commission is the designated Financial Intelligence Unit in Nigeria, which is charged with the responsibility of co-ordinating the various institutions involved in the fight against money laundering and enforcement of all laws dealing with Economic and Financial Crimes in Nigeria.”
Further, the penultimate court on the investigative and prosecutorial Powers of the EFCC held in the case of Dododo v. E.F.C.C. (2013) 1 NWLR (Pt. 1336) 468 that:

“The EFCC and the ICPC enjoy the status of the powers vested in the Police, which encompasses the duty to examine a complaint or petition, investigate, and prosecute if necessary.”

HOW THE EFFC LOST ITS WAY

The Executive Chairman of the EFCC, Ola Olukoyede, admitted that public sector corruption was the most significant problem in Nigeria, with procurement and contract fraud accounting for 90 percent of Nigeria’s corruption and fraud issues.

On January 17, 2025, in a meeting with a delegation of the management team of the Bureau of Public Procurement (BPP) at the corporate headquarters of the EFCC, he stated thus:

“In the EFCC, we handle both private and public sector fraud. Regarding the public sector, one of our major problems in Nigeria is that contract and procurement fraud accounts for more than 90 percent of the volume of public sector fraud. And if you look at it, they range from commingling, contract splitting, and all forms of shenanigans all over the place. Infrastructure-wise, all other developmental problems are attributable to contract and procurement fraud. It lies with you and me to make a change. If we can work together, we can leave this country better than we met”.

Notwithstanding the above, instead of focusing on corruption in the public sector, which has made the dividends of democracy a mirage to Nigerians, the EFCC is busy chasing shadows by going after Nigerians struggling to make a living or exercising their fundamental rights to express themselves.

The Nigerian environment is stuffed with financial crimes and money laundering, particularly in politics. However, like an ostrich buried its head in the sand, the EFCC pretends not to know. Politics is a thriving industry and a quick source of unearned income.

People become multi-millionaires or billionaires overnight just by participating in politics or serving in the executive, legislature, or judiciary.

For example, Nigerians keep hearing about the humongous corruption in the oil industry and how billions of Naira budgeted for revamping our decrepit refineries are embezzled and never put to good use. However, we barely hear of anyone arrested, successfully prosecuted, and convicted. Why is the EFCC not looking at state governors and how they abuse Federal Account Allocation Committee remittances, including security votes and derivation funds? Why is the EFCC not interrogating lawmakers on the padding of budgets? Why is the EFCC not putting the spotlight on MDAs’ budgets and matching line items against executed projects?
Despite admitting that Nigerian banks perpetrate about 70 per cent of financial crimes in the country, why is the EFCC not quizzing banks’ chief executive officers over questionable inflow of funds, foreign exchange manipulation, and round-tripping? Also, why are suspected financiers of terrorism and kidnapping not being investigated and prosecuted for money laundering by the commission?

The response to the above challenges led to the commission’s establishment through the EFCC Act, which further expanded the scope to include terrorism financing and economic and financial crimes in Nigeria. However, the EFCC has lost its way and needs to retrace its steps.

It now focuses on arresting and making plea deals with “Yahoo internet fraudsters,” “Celebrities,” or social media influencers without powerful links to authorities and persons involved in the “spraying” of Naira notes. Although this is commendable, it is inadequate to justify the EFCC’s existence. The aforementioned categories of offenders should be left for the Nigerian Police Force to handle.

To rid the country of illicit wealth and ever-growing corruption, the EFCC should focus on bringing to book the major political players who engage in massive public sector corruption. Instead of attacking activists who speak the truth to power and call out the commission, the EFCC should declare a state of emergency regarding corruption in our public sectors.

CONCLUSION AND RECOMMENDATIONS

It will be unfair and a great injustice not to admit that the EFCC has recorded some gains in the past through the prosecution of prominent politicians such as Joshua Dariye and James Ibori and the recovery of billions of Naira in stolen funds and assets under section 6(d) of the EFCC Act, nonetheless, it can retrace its steps to truly curb corruption and better serve the people of Nigeria well:

1. Selective Prosecution: Allegations of bias in targeting political opponents undermine public trust in the EFCC’s impartiality, contrary to the constitutional guarantee of equality under section 17(2)(a) of the Constitution. It is as if once a corrupt politician whom the commission is investigating decamps to the ruling political party, all his past sins are washed clean, and he becomes a saint. For the EFCC to be genuinely taken seriously as a corruption-fighting institution, it must go after all who have looted our common patrimony, regardless of political, ethnic, or religious affiliations.

2. Political Interference: The appointment of EFCC leadership under section 2(3) of the EFCC Act leaves the agency vulnerable to executive influence. The provision states that “the chairman and members of the commission, other than ex-officio members, shall be appointed by the President”, and the appointment shall be subject to confirmation by the Senate.” By this, the EFCC lacks the autonomy and courage to function effectively outside the grip and body language rhythm of its master, the President. Under these circumstances, what courage can the commission’s chairman muster to prosecute the President’s loyalists without upsetting his ego and sensibilities? This is the burden of the EFCC. Until the power to appoint the chairman of the commission is removed from the President, the head of EFCC will continue to operate under the dominance and influence of the President, doing his bidding and covertly yielding to his whims and caprices, without the ethical courage to act otherwise.

3. Public Perception of Incompetence: As stated in the body of this article, the EFCC has neglected the investigation and prosecution of high-profile financial criminals and now goes after “soft targets,” such as young cybercriminals and persons who spray Naira notes, while failing to secure convictions in high-profile cases involving politically exposed persons. Many high-profile cases are either inconclusive or result in plea bargains that are pretty lenient. The commission should focus on going after those high-profile criminals, so the public will know that they are committed to eradicating corruption in all sectors, no matter whose ox is gored.
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4. Working within the law’s ambit: the commission’s actions must be regulated by law. Section 36(5) of the Constitution provides for the presumption of innocence. Therefore, parading suspects as convicts is against the law and amounts to performative justice. This approach tends to diminish public faith in the commission’s ability to address systemic corruption, especially because wealthy and politically connected suspects are not paraded as convicts. Also, sections 35(3) and (4) of the Constitution provide a timeline for a suspect to be detained before being charged in a court of competent jurisdiction. The commission should always respect the fundamental rights of citizens and ensure that their rights are not violated even while in detention.

5. Poor coordination with other security agencies: The EFCC sometimes faces jurisdictional overlaps and conflicts with law enforcement agencies, such as the Independent Corrupt Practices Commission (ICPC) and the Nigeria Police Force—duplication of efforts and a lack of synergy hamper effective case prosecution. Fragmented anti-corruption strategies weaken the overall fight against corruption.

6. The EFCC should strive to strengthen collaboration with the judiciary to streamline court processes and advocate for legal reforms addressing prosecution bottlenecks. In so doing, the government should enact and enforce legal reforms to improve court efficiency and prosecution outcomes, supporting capacity-building efforts within the judiciary.

The EFCC must investigate all corruption allegations. Severe punishment for corruption offences should be applied to serve as a deterrent to others. The EFCC should also be given adequate autonomy to perform its functions effectively without government interference. The EFCC needs to be more sophisticated in investigating and prosecuting corruption cases. By addressing these challenges, the EFCC can fulfil its mandate as envisioned under the EFCC Act and become a genuinely independent and effective anti-corruption institution.