The arraignment of naira abusers in current occasions by the Financial and Monetary Crimes Fee has sparked debate amongst authorized practitioners as as to if abusing the nation’s foreign money constitutes an financial and monetary crime, ONOZURE DANIA writes

The Financial and Monetary Crimes Fee on April 5, 2024, arraigned a cross-dresser, Idris Olanrewaju, popularly generally known as Bobrisky, on fees of naira abuse to which he pleaded responsible. He was, nonetheless, convicted by Justice Abimbola Awogboro of the Federal Excessive Courtroom in Lagos.

On April 12, 2024, Justice Awogboro sentenced him to 6 months imprisonment with out an possibility of a nice. Whereas attorneys had been querying the rationale behind the sentencing of Bobrisky to 6 months imprisonment, one other businessman and socialite, Pascal Okechukwu, popularly generally known as Cubana Chief Priest, was arraigned earlier than the identical court docket on April 17, 2024, on the identical offence of naira abuse. In his case, he pleaded not responsible and was granted bail within the sum of N10m.

Recall {that a} Nollywood actress, Oluwadarasimi Omoseyin, was additionally on February 13, 2023, arraigned earlier than Justice Chukwuejekwu Aneke of the Federal Excessive Courtroom in Lagos.  The actress was arraigned for tampering with the sum of N100,000 issued by the Central Financial institution of Nigeria by dancing on similar at a social occasion in Lagos. She pleaded not responsible.

On February 15, 2023, she was then granted bail of N5m, with one surety by the court docket and the choose dominated that the surety have to be a civil servant, of a Grade Degree 12 and above, with proof of three years tax fee, amongst others. On February 1, 2024, she was convicted and sentenced to 6 months imprisonment.

One authorized skilled who has disagreed with the EFCC relating to the arrest and prosecution of naira abusers is a former Chairman of the Nationwide Human Rights Fee, Prof. Chidi Odinkalu, who said that the anti-graft company lacks the powers to prosecute individuals for naira abuse.

“The legislation that establishes the EFCC defines financial and monetary crimes to imply non-violent felony and illicit exercise dedicated with the aims of incomes wealth illegally, both individually or in a gaggle or organised method, thereby violating present laws governing the financial actions of presidency and its administration,” Odinkalu said.

Additionally, Chief Solo Akuma(SAN), mentioned that abuse of the naira as set out beneath the CBN Act doesn’t represent an financial crime or a monetary crime beneath which the EFCC is empowered to prosecute.

Akuma is of the notion “that prosecutorial energy lies with the police or the CBN which is a statutory physique that may be sued and may sue. Subsequently, the EFCC, so far as am involved, is a meddlesome interloper and a busybody relating to prosecuting individuals for naira abuse.

“The EFCC ought to take a look at the definition of economic crimes and resolve instances on that, after which it will advise itself whether or not what it’s doing is true or mistaken. The EFCC doesn’t have the powers, locus standi, and it lacks the competence to prosecute.”

Corroborating that the powers of the EFCC don’t prolong to the prosecution of naira abusers, a former President of the Nigerian Bar Affiliation, Dr Olisa Agbakoba (SAN), identified that the Supreme Courtroom within the case of Nwobike Vs EFCC determined that the scope of powers accessible to the EFCC may be very restricted.

Agbakoba mentioned, “I very a lot doubt the facility of the EFCC. The EFCC was created for a goal. It’s created for grave financial and monetary crimes. The EFCC has no powers in any respect to do what it’s doing relating to naira abuse. It ought to concentrate on the larger points and cease losing the nation’s assets.”

For Mr Christmas Akpodiete, who’s a Nigerian-born United States-based lawyer and activist,  said that the EFCC delved right into a matter that has been settled and determined by the Nigerian Supreme Courtroom.

Akpodiete emphasised that it is just the Nigeria police which have the authorized powers to prosecute these mutilating the naira, and they are often dropped at guide beneath Part 21 of the CBN Act.

He identified a authorized precedent set by the Supreme Courtroom within the case of Nwobike vs Federal Authorities of Nigeria (2002) 6 NWLR (half 1826)293 the place the Supreme Courtroom unequivocally dominated that the EFCC’s prosecutorial powers are confined to issues explicitly delineated in Part 46 of the EFCC Act.

Spraying of naira notes, says Akpodiete, doesn’t represent an financial or monetary crime.

Chairman of the Nigerian Bar Affiliation, Ikeja department, Mr Oluseyi Olawumi, additionally believes that solely the Nigeria police have the facility to prosecute naira abusers.

“I don’t consider that the EFCC has the facility, I feel it’s the Nigeria police. However should you take a look at a lot of the issues that they’ve executed, they’ve taken over even a number of the powers of the police, to delve into issues for which they weren’t created as a result of the Act that created them is particular as to what they’re purported to do,” Olawumi mentioned.

Additionally believing that the prosecutorial powers regarding arresting people that abuse naira lie with the police is Evaristus Asuzu.

 “When it comes to the society we’re in now, should you take a look at the EFCC,  it’s a specialised company, and it’s within the class of the Federal Bureau of Investigation. If you happen to take a look at that particular company after which the responsibility they’re preoccupied with in the meanwhile and is abuse of Naira, particularly because it pertains to spraying of cash at occasions, I don’t suppose that may be a even handed utility of their time. There are a number of abuses we endure on this nation, even the abuse of Naira by the highest political class that EFCC ought to be occupied with.

“So should you speak about naira by our legislators as a result of I consider you abuse naira abuse while you steal naira, you abuse naira while you launder naira should you speak about that, I agree that the EFCC ought to be very a lot preoccupied with that, however should you discuss concerning the widespread abuse of the naira that includes spraying at occasions, I consider that the facility of prosecution ought to relaxation on the police,” Asuzu said.

However Yusuf Nurudeen thinks that the “EFCC has the facility to prosecute abusers of the naira between the ambits of the legislation.

“The Legal professional Common of the Federation who’s the chief legislation officer of the nation, has powers to delegate accountability to the anti-graft company even when it isn’t offered for within the legislation that created the EFCC, as soon as it’s deemed to be a criminal offense. The AGF who has the facility to protect our legislation and sanctity of our nation can assign such duties to any of the companies of the federal government that may prosecute it.

“The EFCC was created out of the police. It’s similar to a particular arm of police to face financial and monetary crimes. So if you end up speaking about funds and the economic system, the naira can’t be neglected of the equation, so I feel the EFCC has the facility to prosecute abusers of the naira between the ambits of the legislation.

“We must always not lose the battle of who has the facility to prosecute, as I mentioned earlier, the police have basic energy, previously in Part 4 of the earlier Police Act, and the Police Repeal Act of 2020, which was signed in September 2020. The police have the facility to arrest anyone on suspicion of the fee of a criminal offense. Since it’s a crime, police can also have the facility to prosecute.”

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