Posted by Samuel on Wed 25th Sep, 2024 - tori.ng
The legal body, in a statement that was signed by its President, Mazi Afam Osigwe, SAN, while commending the anti-graft agency for its timely decision to probe the matter, however, demanded an independent investigation by the Attorneys-General of the Federation and the office of the National Security Adviser, NSA.
The Nigerian Bar Association (NBA) has expressed concern over allegations that officials of the Economic and Financial Crimes Commission (EFCC) accepted a N15 million bribe to drop a money laundering case against convicted crossdresser Idris Okuneye, commonly known as Bobrisky.
The legal body, in a statement that was signed by its President, Mazi Afam Osigwe, SAN, while commending the anti-graft agency for its timely decision to probe the matter, however, demanded an independent investigation by the Attorneys-General of the Federation and the office of the National Security Adviser, NSA.
It maintained that an urgent and thorough investigation was needed “to determine whether the bribe was paid or are sometimes paid to influence the nature of charges brought against defendants in criminal cases.”
According to the NBA which is the umbrella body of legal practitioners in the country, “this investigation will also test the transparency of the investigative process and the procedures for charging defendants in court.”
It further asked the Nigerian Correctional Service (NCoS) to not only respond to the allegation that Bobrisky did not serve his time in a correctional facility but to also provide transparent details on the conditions under which he served his sentence.
“If it is proven that he was allowed to serve his sentence outside a Correctional Facility, in breach of the law and a court order, the officers and officials responsible must be prosecuted and dismissed from service.
“Any person found complicit must face the full weight of the law,” the NBA added.
The statement, a copy of which the association made available to Vanguard, further read: “The investigation by the Economic and Financial Crimes Commission (EFCC) should determine whether or not there was any financial inducement by Bobrisky or anyone on his behalf in exchange for the dropping of money laundering charges against him. Any person found complicit must face the full weight of the law.
“The NBA acknowledges that all individuals and institutions accused are entitled to the presumption of innocence until proven guilty. However, we insist that a swift and thorough investigation be carried out to establish the truth. If any public official is found culpable, appropriate legal actions must be taken to hold them accountable.
“We also call upon the Attorney General of the Federation, EFCC, and the Office of the National Security Adviser to independently investigate allegations that a convict paid a bribe to be allowed to serve prison time in a private residence instead of in a Correctional Facility, as well as the allegation that a bribe was demanded in exchange for a government pardon. The suggestion that convicts can freely serve their time in private residences and potentially procure a pardon by paying a bribe undermines the very foundation of our criminal justice system and erodes public confidence in the system.
“We believe that this investigation will provide the individuals named in these allegations the opportunity to clarify their roles (if any) in this matter. If these allegations are found to be true, it would not only mock our correctional system but also serve as a wake-up call for necessary reforms in our prosecutorial and correctional processes. The NBA shall appoint eminent members of the legal profession to monitor this situation and ensure that due process is followed.
“The NBA is especially concerned with the allegation involving one of Nigeria’s foremost legal luminaries, Femi Falana, SAN, and his son, Folarin Falana, Esq. (aka FALZ). The video claims that Mr. Folarin Falana reached out to Bobrisky, and his father, Femi Falana, SAN, allegedly discussed the possibility of applying for a presidential pardon for Bobrisky. We note that Femi Falana SAN has denied this allegation.
“It is important to note that the law allows convicts to apply for a presidential pardon under Section 175 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). This provision empowers the President to grant pardons to individuals convicted of offenses, subject to certain conditions and upon the recommendation of the Council of State.
“The NBA acknowledges that applying for a presidential pardon is a legitimate legal recourse available to any convict, as stipulated by law. However, it is crucial to clarify that such a process must follow due procedure and be devoid of any form of influence peddling or unethical practices.
“Femi Falana, SAN, is a highly respected legal practitioner known for his integrity and long-standing commitment to human rights and justice. He has in fact denied the allegation against him. The Nigerian Bar Association urges the public to refrain from making premature conclusions regarding Mr. Falana’s or indeed any person’s alleged involvement in these matters.
“The Nigerian Bar Association reiterates its commitment to upholding justice, fairness, and the rule of law. We will continue to support all efforts to ensure transparency and accountability in our prosecutoral , law enforcement and correctional systems. We also call for calm and restraint while investigations are carried out, and we assure the public that we will monitor these investigations closely to ensure they are conducted in a transparent and unbiased manner.”