Lateef Fagbemi: ICPC, EFCC should be merged… one investigates, the other prosecutes

Lateef Fagbemi, a senior advocate of Nigeria (SAN), says investigation and prosecution of corruption cases should not be the responsibility of one agency.

Fagbemi spoke on Wednesday when he was being screened by the senate as a ministerial nominee.

The legal luminary, while suggesting ways to effectively fight corruption in the country, said the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Offences Related Commission (ICPC) should be “brought together” to perform separate functions of investigation and prosecution. 

However, the senior lawyer did not state which of the agencies should be saddled with the responsibility of conducting the investigation or prosecution.

Both EFCC and ICPC are empowered by their enabling acts to investigate and prosecute cases of corruption.

According to the ICPC act, the commission is to investigate and prosecute corruption in the public sector, especially bribery, gratification, graft, and abuse or misuse of office.

The EFCC, on the other hand, is to probe and prosecute people who engage in money laundering and other financial crimes.

“Truth be told, we fight corruption but at the same time, the way it is being fought in Nigeria leaves much to be desired,” Fagbemi said.

“If I have my way, I’ll advise the president to unbundle, first of all, bring ICPC and EFCC together, unbundle them.

“Investigation should not be handled by the same body that must be the supervisory authority within the same system.

“Prosecution is another body. It doesn’t augur well to ask the same authority to (carry out) investigation and prosecution. That is why we have problems.”

Fagbemi also emphasised that conducting investigations requires “patience” to ensure a thorough and proper examination.

He said: “We are not also patient enough. Investigation takes time, especially in serious corruption cases. Are we prepared to wait?

“My take is that, a situation such as the one that happened when Hushpuppy was arrested. They have been trailing him for years but he didn’t know, and nobody talked to him. But the day they said the time was up, he also knew that the time was up.

“Investigation should be thorough. It shouldn’t be that when a sitting governor leaves office then say EFCC is inviting you. That is not the way to prosecute criminal and corruption matters.

“We have to put in place very good laws to do this.”

The SAN asked the parliament to make laws that will be good for society without the lawmakers “anticipating” how it will affect them. 

Fagbemi, who is a nominee from Kwara, was accompanied to the red chamber by AbdulRahman AbdulRasaq, governor of the state, and several SANs, including Wole Olanipekun, Yusuf Ali and Adeniyi Akintola.