The Attorney-General of the Federation (AGF) and the Minister of Justice, Mr. Mohammed Adoke (SAN), yesterday said that the Economic and Financial Crimes Commission (EFCC) Enforcement Regulations, 2010 law was not meant to muzzle or slow down the activities of the anti-graft agency.
Adoke had told the Senate during his screening recently that the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) should be merged to make the anti-graft war more effective in the country.
But in a statement signed by solicitor-general of the federation and permanent secretary, Ministry of Justice, Abdullahi Yola, on behalf of the AGF, said that contrary to the assertion of some commentators that the regulations were designed to muzzle the EFCC and unduly bring the operations within his control, the AGF said the law was rather meant to preserve the operational powers of the commission.
The AGF said the new amendment in the EFCC law would ensure to protect public interest in the discharge of its functions.
He said the new regulations would not slow down the investigative and prosecutorial functions of the EFCC.
Adoke further said the regulations only require EFCC to make report on serious and complex cases to AGF.
He said, “All the regulations require is that a report should be made informing AGF of the outcome of the EFCC’s investigation and its findings whether there are sufficient grounds to initiate prosecution.
“The regulations also stipulate clear guidance for entering into plea bargain agreements in order to avoid the past examples of high profile in which EFCC awarded ridiculous punishment to the offenders.”
Adoke also cited Section 174 of 1999 Constitution which gave the AGF an “over-arching oversight over public prosecution regardless of the prosecuting authority.”
The statement reads in part: “This powers include jurisdiction to initiate criminal proceedings, take over or discontinue criminal proceedings instituted by any other authority.
“The regulation is therefore meant to ensure that the AGF is kept informed of cases of grave public interest and also to ensure that best practices are being observed by the EFCC in the discharge of its statutory mandate.
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