EXCLUSIVE: EFCC Accused Of Using Detention To Recover Private Debts As Nigerians ‘ Spend Up To 72 Days In Custody’

 

One of the victims, who described his experience at the EFCC headquarters in Abuja, told SaharaReporters that the situation inside the detention facility was particularly disturbing.

The Economic and Financial Crimes Commission (EFCC) has come under scrutiny over allegations that it is increasingly being used to pursue private debts and settle civil and commercial disputes, while some suspects are reportedly held for weeks without being formally arraigned before a court.

SaharaReporters gathered from accounts from persons who said they were detained at the EFCC headquarters in Abuja and information provided by people familiar with some of the cases that several Nigerians have allegedly spent between 40 and 72 days in the commission’s custody without trial.

Those affected include Precious Momo, reportedly detained for 72 days; Stephen Angel, 62 days; John Ugbo, 60 days and still counting; Mahmoud Abubakar, 65 days and still counting; Sadiq Babalola, 45 days and still counting; Oshori Alfred, 60 days and still counting; and Aminu Ahmed, 48 days and still counting.

The allegations have raised questions about whether the anti-graft agency is exceeding its statutory mandate by becoming involved in private debt recovery and contractual disputes that should ordinarily be handled through civil litigation, arbitration or other lawful mechanisms.

One of the alleged victims, who described his experience at the EFCC headquarters in Abuja, told SaharaReporters that the situation inside the detention facility was particularly disturbing.

“We were over 85 people in their cell. I was detained inside that cell for 25 days over a civil matter on visa processing. This is the worst EFCC I have ever seen,” the source said.

According to him, many of those detained alongside him had not been taken before a court during their detention.

“Majority of us inside the cell were arrested and were not even arraigned. There was no court order. They did not take us to court so that we could apply for bail. They just kept us there and were negotiating as a debt recovery agency,” he alleged.

The source said the experience convinced him that the commission was increasingly being deployed to settle disputes that did not necessarily involve criminal conduct.

“People were coming there because somebody said another person owed them money. Instead of the person going to court to recover the money, EFCC would arrest the person and keep him there. It was like debt recovery through detention,” he alleged.

40 Days Reportedly Spent In EFCC Custody Over Debt Recovery Case

Another victim who narrated his experience to SaharaReporters said he spent 40 days in EFCC over a debt recovery case involving his age-long business partner.

He said his ordeal started when he was arrested by the EFCC operatives in Abuja.

“When they came to my office to arrest him, at first, I thought it was something very serious like fraud or money laundering. I was shocked when they told me it was a debt recovery case. I did not believe EFCC now acts like police officers to recover debt,” he said.

He added: “I was kept there for 40 days before I was released. They did not take me to court, they only used the case to pressure me to pay the debt the petitioner claimed I owed him without them even investigating the matter.”

When contacted for a response to the allegations, the EFCC spokesperson, Dele Oyewale, denied claims that the agency was operating as a debt recovery agency.

He said, “EFCC is not a debt recovery agency, and it will never be one. We operate strictly by the spirit and letter of our mandate.

“Now, the suspects you mentioned are people who have several different cases of economic and financial crimes, alleged crimes, anyway, and who have been offered bail.

“They have been admitted to administrative bail, but they have not met their bail conditions. The number of days they claim to have spent in detention is grossly exaggerated. There is no way we would keep a suspect beyond the statutory 48 hours without obtaining a remand order.

“They are being held pursuant to remand orders that authorise us to keep them in custody, and the number of days being exaggerated anyways.

“We give suspects administrative bail. So, as far as we are concerned, administratively, they are on bail. But if they have not met their bail conditions, whether it is at the EFCC, a correctional centre or any other law enforcement agency, the suspect will have to remain in custody until all the bail conditions are met. You cannot then say that they are being held by the EFCC.”

When asked if the suspects were still in EFCC custody, he said, “I don’t know. But I know that for a suspect to stay for the number of days being claimed, there must be other circumstances. I have done my homework. It is their inability to meet the administrative bail conditions, and that should not be blamed on the EFCC.”

“It is therefore very wrong for anyone to say that officers of the Commission are being used to recover debts. No. We are a very civilised and highly professional agency. There is no way any officer can do that. What for? Our rules of engagement do not allow it,” he added.

SOURCE: SAHARA REPORTERS