Wole Adedeji, Ilorin
The Nigerian Bar Association (NBA), Ilorin branch, is demanding the transfer of the Zonal Commander of the Economic and Financial Crimes Commission (EFCC) signaling a hot feud between the lawyers and the Agency.
To this efdect, Ilorin NBA has called on its members to boycott any business with EFCC until its Zonal Commander is transferred out of Kwara state.
The lawyers in an interaction with newsmen through their acting Chairperson and Publicity Secretary; Aishat Omotayo Temim Esq and Ridwan Musa Esq, respectively, who were flanked by other their Executive members, said the EFCC boss lacked respect for the rule of law and that he violates the citizens’ rights at will.
However, the Head, Media and Publicity of the EFCC, Wilson Uwujaren in his reaction said the NBA press statement, “to all intent and purposes, smacks of blackmail and disguised attempt to intimidate the Ilorin Command of the Commission into unconscionable docility”.
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The EFCC reaction, titled, Why NBA is Against EFCC in Ilorin said contrary to the claims, a member of the NBA, Suleiman Toyin Yahaya, was being detained by the Ilorin Command for allegedly tampering with the statement of a suspect under investigation.
The NBA had claimed that citizens were arrested and treated in undignified manner with little or no access to their family and legal practitioners of their choice when being interrogated by the Commission.
“Ilorin and indeed Kwara State, bastion of legal practice and rule of law, is too big environment to operate for an officer or zonal head who lacks total respect for the rule of law and who violates citizens’ rights at will. We, therefore, demand immediate transfer of the zonal head, Micheal Nzekwe, to where his capacity can help him to operate”, the NBA had demanded.
NBA also cautioned its who they alleged were collaborating with the EFCC officials in subduing the Rule of Law, to desist from such acts saying that the nemesis of law would certainly catch up against such members.
The Association called on the Acting Chairman of the EFCC to cause an investigation into the Ilorin zonal office of the Commission with a view to separating the grains from the shaft.
“EFCC is an agency of government established by law and to carry out her mandates in accordance with the law. Therefore, it will be undignifying for the commission to be headed at her Ilorin Zonal Office by an officer or Commander who has no little respect for human dignity and the rule of law but seeing himself as above the Commission and the law as manifested in the manner with which the Zonal Head, Micheal Nzekwe, exhibits his arrogance at all-time towards legal practitioners and citizens.
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“It must first be pointed out that EFCC like any other government agencies is established by law and as such, must be guided by the laws in her operations. A situation where officials/operatives of the Commission now see themselves as being above the law is therefore not only unacceptable but also condemnable.
“Therefore, the Nigerian Bar Association, Ilorin Branch unequivocally condemn such unlawful and immoral attitude.
“We’ve also had verifiable reports of how suspects arrested are given the option of disengaging their lawyers employed by the family and accept ‘EFCC nominated lawyer’ as a condition for securing their freedom temporarily or permanently.
“To that end, Legal practitioners, who are not ‘EFCC nominated Lawyers’ are treated with disdain. Uncooperative suspects are usually rushed to the court with a view to securing their convictions at all cost. Recent Judgment of the Kwara State High Court where a defendant was acquitted, because he was maliciously charged to court on the basis of non-cooperation with ‘EFCC nominated Lawyer’, is a testimony to this practice.
“We are not unaware that it takes two to tango, this unholy practice is impossible without the cooperation/collaboration of some of our colleagues, who agree to share their ‘professional fee’ with officials of the Commission in whatever ratio they agree to.
“To these our colleagues, we remind them that, that is a very serious professional misconduct which can cause appearance of the legal practitioners before the Legal Practitioners Disciplinary Committee (LPDC) and this may attracts sanctions which may include suspension/withdrawal of practitioners’ license to practice.
“The NBA is watching and will not hesitate to take the appropriate steps to sanction the erring members”, the NBA insisted.
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However, the EFCC position in its reaction, titled, ‘Why NBA is Against EFCC in Ilorin’, had said; “the Commission is scandalized that the NBA Ilorin Branch chose a moment when one of its members, Suleiman Toyin Yahaya, was being detained by the Ilorin Command for allegedly tampering with the statement of a suspect under investigation, to launch a media attack against the Command and its leadership.
“This, to all intent and purposes, smacks of blackmail and disguised attempt to intimidate the Ilorin Command of the Commission into unconscionable docility.
“As a branch of the NBA that prides itself as apostle of rule of law and ethical conduct, it is shocking that the Ilorin Branch of the NBA was silent on the alleged criminal act of its member who was being detained with a valid remand order, and has since been released in obedience to a counter order of court.
“It is also worrisome that the NBA finds it convenient to shift the blame for the alleged unprofessional conduct of its members in matters of legal representation for crime suspects, to personnel of the EFCC. Legal representation of suspects is not within the remit of the EFCC.
“While the Commission is willing to investigate any allegation of unprofessional conduct by any of its personnel, those making such claims must provide proof.
“It must, however, be emphasized that the Commission, as a creation of law, conducts its activities within the ambit of law and no law has been violated so far by the EFCC in its operations in Ilorin”.