The arraignment of naira abusers in recent times by the Economic and Financial Crimes Commission has sparked debate among legal practitioners as to whether abusing the nation’s currency constitutes an economic and financial crime, ONOZURE DANIA writes in this piece culled from The PUNCH

The Economic and Financial Crimes Commission on April 5, 2024, arraigned a cross-dresser, Idris Olanrewaju, popularly known as Bobrisky, on charges of naira abuse to which he pleaded guilty. He was, however, convicted by Justice Abimbola Awogboro of the Federal High Court in Lagos.

On April 12, 2024, Justice Awogboro sentenced him to six months imprisonment without an option of a fine. While lawyers were querying the rationale behind the sentencing of Bobrisky to six months imprisonment, another businessman and socialite, Pascal Okechukwu, popularly known as Cubana Chief Priest, was arraigned before the same court on April 17, 2024, on the same offence of naira abuse. In his case, he pleaded not guilty and was granted bail in the sum of N10m.

Recall that a Nollywood actress, Oluwadarasimi Omoseyin, was also on February 13, 2023, arraigned before Justice Chukwuejekwu Aneke of the Federal High Court in Lagos. The actress was arraigned for tampering with the sum of N100,000 issued by the Central Bank of Nigeria by dancing on same at a social event in Lagos. She pleaded not guilty.

On February 15, 2023, she was then granted bail of N5m, with one surety by the court and the judge ruled that the surety must be a civil servant, of a Grade Level 12 and above, with evidence of three years tax payment, among others. On February 1, 2024, she was convicted and sentenced to six months imprisonment.

One legal expert who has disagreed with the EFCC regarding the arrest and prosecution of naira abusers is a former Chairman of the National Human Rights Commission, Prof. Chidi Odinkalu, who stated that the anti-graft agency lacks the powers to prosecute people for naira abuse.

“The law that establishes the EFCC defines economic and financial crimes to mean non-violent criminal and illicit activity committed with the objectives of earning wealth illegally, either individually or in a group or organised manner, thereby violating existing legislation governing the economic activities of government and its administration,” Odinkalu stated.

Also, Chief Solo Akuma (SAN), said that abuse of the naira as set out under the CBN Act does not constitute an economic crime or a financial crime under which the EFCC is empowered to prosecute.

Akuma is of the notion “that prosecutorial power lies with the police or the CBN which is a statutory body that can be sued and can also sue. Therefore, the EFCC, as far as am concerned, is a meddlesome interloper and a busybody when it comes to prosecuting people for naira abuse.

“The EFCC should look at the definition of financial crimes and decide cases on that, and then it would advise itself whether what it’s doing is right or wrong. The EFCC does not have the powers, locus standi, and it lacks the competence to prosecute.”

Corroborating that the powers of the EFCC do not extend to the prosecution of naira abusers, a former President of the Nigerian Bar Association, Dr Olisa Agbakoba (SAN), pointed out that the Supreme Court in the case of Nwobike Vs EFCC decided that the scope of powers available to the EFCC is very limited.

Agbakoba said, “I very much doubt the power of the EFCC. The EFCC was created for a purpose. It is created for grave economic and financial crimes. The EFCC has no powers at all to do what it’s doing when it comes to naira abuse. It should focus on the bigger issues and stop wasting the nation’s resources.”

For Mr Christmas Akpodiete, who is a Nigerian-born United States-based lawyer and activist, stated that the EFCC delved into a matter that has been settled and decided by the Nigerian Supreme Court.

Akpodiete emphasised that it is only the Nigeria police that have the legal powers to prosecute those mutilating the naira, and they can be brought to book under Section 21 of the CBN Act.

He pointed out a legal precedent set by the Supreme Court in the case of Nwobike vs Federal Government of Nigeria (2002) 6 NWLR (part 1826)293 where the Supreme Court unequivocally ruled that the EFCC’s prosecutorial powers are confined to matters explicitly delineated in Section 46 of the EFCC Act.

Spraying of naira notes, says Akpodiete, does not constitute an economic or financial crime.

Chairman of the Nigerian Bar Association, Ikeja branch, Mr Oluseyi Olawumi, also believes that only the Nigeria police have the power to prosecute naira abusers.

“I do not believe that the EFCC has the power, I think it is the Nigeria police. But if you look at most of the things that they have done, they have taken over even some of the powers of the police, to delve into matters for which they were not created because the Act that created them is specific as to what they are supposed to do,” Olawumi said.

Also believing that the prosecutorial powers concerning arresting individuals that abuse naira lie with the police is Evaristus Asuzu.

“In terms of the society we are in now, if you look at the EFCC, it is a specialised agency, and it is in the class of the Federal Bureau of Investigation. If you look at that special agency and then the duty they are preoccupied with at the moment and is abuse of Naira, especially as it relates to spraying of money at events, I do not think that is a judicious application of their time. There are several abuses we suffer in this country, even the abuse of Naira by the top political class that EFCC should be occupied with.

“So if you talk about naira by our politicians because I believe you abuse naira abuse when you steal naira, you abuse naira when you launder naira if you talk about that, I agree that the EFCC should be very much preoccupied with that, but if you talk about the common abuse of the naira that involves spraying at events, I believe that the power of prosecution should rest on the police,” Asuzu stated.

But Yusuf Nurudeen thinks that the “EFCC has the power to prosecute abusers of the naira between the ambits of the law.

“The Attorney General of the Federation who is the chief law officer of the country, has powers to delegate responsibility to the anti-graft agency even if it is not provided for in the law that created the EFCC, once it is deemed to be a crime. The AGF who has the power to preserve our law and sanctity of our country can assign such responsibilities to any of the agencies of the government that can prosecute it.

“The EFCC was created out of the police. It’s just like a special arm of police to face economic and financial crimes. So when you are talking about finances and the economy, the naira cannot be left out of the equation, so I think the EFCC has the power to prosecute abusers of the naira between the ambits of the law.

“We should not lose the fight of who has the power to prosecute, as I said earlier, the police have general power, formerly in Section Four of the previous Police Act, and the Police Repeal Act of 2020, which was signed in September 2020. The police have the power to arrest anybody on suspicion of the commission of a crime. Since it is a crime, police may also have the power to prosecute.”

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