Nigerians React As EFCC Says It Can’t Refuse Malami’s Orders

Varying opinions have greeted a statement made by the Economic and Financial Crimes Commission (EFCC) on the powers of the Attorney-General of the Federation to halt any prosecution by the anti-graft agency.

In a Facebook post on Wednesday, the EFCC reaffirmed the AGF’s constitutional powers to stop the commission from prosecuting a case.

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“Can the EFCC refuse a no – prosecution order from the Attorney-General of the Federation?

“By law the EFCC cannot refuse, if the Attorney General decides to exercise his constitutional power,” the EFCC stated on Facebook.

Statutorily, the Department of Public Prosecution in the Abubakar Malami-led Federal Ministry of Justice gives legal advice to the Nigeria Police and other Law Enforcement Agencies (including the EFCC), Ministries and Extra-Ministerial Departments on criminal matters.

“By virtue of section 174 of the constitution of the Federal Republic of Nigeria 1999 as (amended) which vests powers on the Honourable Attorney-General of the Federation to institute, take over, continue or discontinue with matters in Nigerian Courts except Court Martial. The Department of Public Prosecutions performs these functions on behalf of the HAGF,” states information on the FMOJ website.

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But some Nigerians who reacted to EFCC’s Facebook post said there was need to review the law granting the AGF the power to stop any prosecution.

Below are some of their responses:

9ijacars: “It is our constitution, but this needs amendment to make efcc independent.”

Odugbose Babashola Dapo: “This section needs amendment. This gives absolute power to the AGF on any case.”

Bright Ogbonna: “The current AGF has abused that by shielding a lot of people who have been indicted by EFCC. It’s unfortunate we find ourselves in this mess created by this regime. Nigeria will survive when all these quota system appointees of this regime leave office after 2023.”

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Babz Adefeye : “EFCC is one government creation to witch hunt some certain persons.”

Shehu Mahmud Usman : “Thanks for furnishing the general public with this information in order to serve as a guide to anyone who doesn’t want to adhere to rule of law.”

Mumeen Yahaya : “Isn’t that corruption too? Attorney General bigger than an Institution? Chai…. Nigeria can only progress if our Institution is bigger than people occupying those occupying the institution.”

Kun Samuel: “EFCC are doing great work in this country God will continue blessing you.”

Muhammadu Shamsudeen Abdullah: “This will make your agency looks feeble in the eye of Nigerians then. EFCC ought to be truly independent by all standards.”

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