by Mark Amaza

Last week, the Economic and Financial Crimes Commission (EFCC) made quite a huge heist when it acted on a tip-off and uncovered $7.2million and £72,000 belonging to former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mr. Andrew Yakubu, hidden in safes in an underground bunker.

This latest arrest by the EFCC is one of numerous high-profile arrests especially since 2015: from former National Security Adviser Sambo Dasuki, former ministers, Femi Fani-Kayode and Bala Mohammed, former service chiefs Air Chief Marshall Alex Badeh, Adesola Amosu and Air Marshall Dikko Umar and many others for crimes such as money laundering.

With each of these arrests comes cheers and applause that the fight against corruption is starting to work. However, convictions have not been forthcoming as these cases grind very slowly through Nigeria’s archaic system.

Contrary to popular opinion, EFCC is actually quite good at securing convictions in cases it brings against those it arrests for economic and financial crimes. However, this record is very dismal once it involves politically-exposed persons (PEPs), mostly because these PEPs are able to delay these cases for long periods through the use of seeking injunctions and interlocutory applications on technicalities regarding the case. Combined with an already over-burdened and slow court system, it is not unusual to see cases dragging on for years without end to the point that these cases are even forgotten to be existing.

For examples, the recent convictions secured against two persons involved in fuel subsidy scam came after five years of trial while the one secured against a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) was also after five years of trial.

All these changed massively with the coming into existence of the Administration of Criminal Justice Act in 2015 which not only harmonized the different criminal laws that operated in the North and the South, but also outlawed delays in criminal cases such as through filing for stay-of-proceedings and limited adjournments in criminal cases to only five per party in the suit.

As a result, this has seen cases brought since them move more expeditiously, and also previous cases revived and will expectedly will move faster than before.

Another area that is expected that the EFCC will improve upon is in bringing watertight cases against suspects. Legal analysts have often accused the agency of shoddy investigation and prosecution, which allows the suspects to get away at the courts.

In the meantime, it is too early to give the EFCC credits for the work it is doing until it has secured convictions especially against former public office-holders.

However, it is hoped that the ACJA will be of massive effect in making these cases to be concluded faster and the EFCC will not drop the ball with respect to diligent prosecution.