Confirmation Hearing:  Lateef Fagbemi Urges EFCC, ICPC To Introduce New Investigation  Techniques…Gov AbdulRazaq, Senior Lawyers Show Solidarity

A Senior Advocate of Nigeria, Mr. Lateef Fagbemi on Wednesday stated the need for the unbundling of the nation’s anti-graft agencies; the Economic and Financial Crimes Commission, EFCC, and  the Independent Corrupt Practices Commission, ICPC while also urging those in charge of the anti-graft bodies to introduce new investigation techniques.

The popular lawyer , an indigene of Ijagbo, Kwara state, said this while responding to questions asked by senators during  his ‘confirmation hearing’  on Wednesday.

Team@orientactualmags.com learned that Fagbemi was accompanied to the NASS Complex  by  Chairman of the Nigeria Governors’ Forum, Governor AbdulRahman AbdulRasaq, and senior advocates including Mallam Yusuf Olaolu Ali , Wole Olanipekun, and Adeniyi Akintola.

Giving his take on how to tackle corruption and address the issue of ‘unexplained wealth’ , Fagbemi  said  the anti-graft bodies  apart from   introducing new investigation  techniques must also get unbundled, submitting that he considers it an anomaly that the same officials handling investigation would also handle prosecution.

He also asked the anti-graft  agencies to  learn  from what the Federal Bureau of Investigation (FBI)  does when it comes to conduct of criminal investigations, while noting that the EFCC cannot continue to behave as if ‘there is no law’.

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

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

Investigation should not be handled by the same body there must be a supervisory authority within the same system.

Prosecution is another body. It doesn’t augur well to ask the same authority to  handle investigation and prosecution. That is why we have problems. 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. The FBI had  been trailing him for years, but he didn’t know, and nobody talked to him. But the day they said time was up, he also knew that time was up.

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

‘It is not a question of inviting him and saying, ‘we have caught a big fish.’ Then at the end of it, the pace at which the course of justice travels, it can be slow, but it is very sure. I take an example from what is happening in the United States. Trump has a 2024 appointment or date in court. Some people say, ‘oh, 2024, no.’ That 2024, if God preserves our lives till and beyond that day, nothing will make them shift it because thorough investigation would have been done. You do your investigation before arrest, and not arrest before investigation’ he added.

Fagbemi also suggested ways to address  cases of  disobedience of court orders by government agencies.

 ‘In inter-agency rivalry, you have the EFCC, you have the SSS, and other security organizations. I think, with respect, you will not find the President flouting any court order because the Attorney General will invariably be made a party. However, the mere fact that an order is made does not mean that you should obey it immediately.

You think about it, do I appeal? If I appeal, what do I do next? If I’m not appealing, what am I supposed to do? If I’m not appealing, of course, I cannot subject the order of the court to any further test of validity. By Section 287, it has to be obeyed not only by the government but also by every authority and presence in Nigeria. So, the question of disobedience of court orders often arises between, with all respect, these agencies. My advice would be that, in matters of law, the Attorney General should be involved.

DSS cannot be an island unto itself. EFCC cannot continue to behave as if there is no law. There is law, and if you want to do an investigation, you should conduct it before inviting the accused person’ he submitted.

The Senior Advocate also tactfully responded to Senator Lola Ashiru’s question that was a veiled reference to ‘local matters.

  Senator Ashiru, who represents Kwara South , had asked Fagbemi what should be done  in respect of matters that  have to do with land disputes  while citing what had been at issue between Share and Psaragi people, Ife and Modakeke people and Offa and Erin-Ile people.

Senator Ashiru hails from Offa while Fagbemi is an indigene of Ijagbo, Offa’s neighbour.  Erin-Ile and Ijagbo are in Oyun local government.

Fagbemi began legal practice under the tutelage of Chief Afe Babalola  and the legal luminary, an indigene of Ekiti state , had recently disclosed that he  handled  Erin Ile’s boundary dispute case against Offa in 1971,  and that the Supreme Court  had   given a judgment in favour of his client.

The senator had also asked how Fagbemi will get certain things done cognizant that he is not a politician.

‘Iam not a politician, the office of  the Attorney  General with due respect is supposed to maintain a modicum of independence  but that does not mean that he would not take into consideration the mood of the nation , what is Important is the constitution, the law that he is expected to guide and guard all in the interest of the nation .

 On the issue of land disputes  and all that , my  answer is going to be in two ways, the first one is that , it is either a dispute between one state and another or between one local government or another, the third one can be within the same local government , you can have land dispute but I’m aware that the  boundary commission has a role to play there but having harmony in respect of land matters depends largely on our governors because interstate clashes are rare so it behooves   the governor of a particular state to take the bull by the horn and not play politics with it , it’s very important because when election is coming the issue is ‘oh let me wait otherwise I will lose  this election’.

So, my advice is that it is the state governors that we will turn to and ask to do the needful and at the local government level,  it’s the local government chairman who should also take the bull by the horn and do the needful.

At the federal level,  the  boundary commission is a body established and recognized by law to swing into action but my general advice is that it is better to nip such a dispute in the bud as soon as you realize or there is an  indication that it is likely to cause communal dispute I will advise the authorities to swing into action and not allow it to  get into such a magnitude that it would not be manageable’ he said -Team@orientactualmags.com
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