I recently had the opportunity to speak with Iliyasu Gashinbaki, the President and Chairman-in-Council of the Chartered Institute of Forensics and Certified Fraud Investigators of Nigeria (CIFCFIN), who shared his thoughts on the Economic and Financial Crimes Commission (EFCC) and its role in combating corruption in Nigeria.
Gashinbaki reflected on a letter from former NBA President Dr. Olisa Agbakoba, which questioned the constitutionality of the EFCC. “I sought clear requests from Agbakoba directed at the lawmakers regarding any anomalies in the EFCC’s Establishment Act,” he said. “However, I found none. Instead, he made a sweeping statement that the EFCC is an ‘unlawful organization’ without providing verifiable evidence to support such a claim.”
He emphasized the legal basis of the EFCC, which was established through an Act of Parliament in 2002 during President Olusegun Obasanjo’s administration and has undergone amendments since. “The EFCC is a product of the National Assembly’s efforts to address corruption, which was, and continues to be, a pressing issue for Nigeria,” he explained. “To suddenly label it unlawful after 21 years is baffling. If not the National Assembly, then who has the authority to establish such a vital agency?”
Gashinbaki noted that other legal experts, such as Femi Falana, have challenged Agbakoba’s assertions, and he pointed out that the EFCC derives its power from Section 15, Sub-section 5 of the constitution. “Corruption remains an existential threat to Nigeria. Without the EFCC, I fear where we would be today,” he stated.
He praised the EFCC for its accomplishments in recovering looted funds and securing convictions, enhancing Nigeria’s international reputation in the fight against corruption. “In football terms, you don’t change a winning team; you bolster it. The EFCC is Nigeria’s frontline team in tackling corruption and should certainly be encouraged to enhance its efforts.”
When asked about potential areas for improvement, Gashinbaki suggested adopting a three-pronged strategy of Education, Prevention, and Deterrence—similar to successful models in Hong Kong and Singapore.
Regarding ongoing legal challenges to the EFCC by the Kogi State governor, he expressed confidence in the judiciary’s ability to fairly adjudicate the matter. “The courts have always addressed cases based on their merits, not emotions. There’s a history of governors’ attempts to challenge the EFCC, often because they prefer unrestricted control over their finances.”
Gashinbaki highlighted the necessity of combating corruption for Nigeria to regain its standing in the global arena. “Our current Corruption Perception Index is an embarrassment,” he said, advocating for more robust measures. He called for the Constitution Review Committee to integrate the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) into Nigeria’s new constitution and to establish specialized courts for corruption-related cases.
In his closing remarks, Gashinbaki underscored that eliminating corruption in Nigeria is crucial and stressed that adopting efficient judicial processes is essential. “We must ensure that cases don’t drag on for years. Other nations have implemented measures to ensure swift justice, and we must follow suit if we wish to create a corruption-free Nigeria.”
