EFCC Reviews Operational Guidelines For Bail, Prohibits Night Arrest

The EFCC has often been criticised for carrying out its operations without regard for suspects’ rights.

The EFCC’s new operational procedure for arrest and bail “was rolled out on Monday, 31 October 2023 across all its commands”.

The Economic and Financial Crimes Commission (EFCC) has reviewed its arrest and bail procedure.

The move aims to align the agency’s procedure with “the rule of law and international best practices in the treatment of suspects,” a statement by the commission said Wednesday.

According to the statement signed by the spokesperson for the EFCC, Dele Oyewale, the new procedure “was rolled out on Monday, 31 October 2023 across all its commands”.

EFCC has often been criticised for carrying out its operations without regard for suspects’ rights.

Operatives of the agency incessantly barged into homes and hotel rooms of Nigerians in their bid to arrest suspected cybercrime suspects.

There were occasions when the agency was accused of defying court orders to arrest suspects, and of keeping suspects in custody beyond the lawful period.

Some have also accused the officials of the agency of arbitrarily exercising their powers to freeze suspects’ bank accounts and deprive them of use of other forms of assets in the name of ongoing investigations.

Some of these arbitrary conducts of the agency and its officials had earned it damages in millions of naira.

The Attorney-General of the Federation, Lateef Fagbemi, who exercises supervisory control over the EFCC and other relevant anti-corruption agencies, had, at his screening by the Senate in August, presented his broad anti-corruption plan which included strict adherence to the rule of law.

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New guidelines

Under the new guideline, the EFCC said, “premium attention is focused on the rights of suspects, especially where arrest, detention and bail issues are concerned.”

“Operational activities are to be tailored towards relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999( as amended), the Administration of Criminal Justice Act, 2011, and the EFCC’s Standard Operating Procedures, SOP,” the statement added.

Operatives have also been prohibited from demanding professional certificates of sureties as a bail condition.

“Also, every demand for international passport of suspects would henceforth be exercised with discretion, depending on the nature of the case, personality and country of residence of the suspect,” it added.

The Economic and Financial Crimes Commission, EFCC, has reviewed its guidelines on arrest, bail and processing of suspects.

The review, which is premised on the need to adhere to the rule of law and international best practices in the treatment of suspects, was rolled out on Monday, October 31, 2023 across all its Commands.

In the new guideline, premium attention is focused on the rights of suspects, especially where arrest, detention and bail issues are concerned. Operational activities are to be tailored towards relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999( as amended), the Administration of Criminal Justice Act, 2011 and the EFCC’s Standard Operating Procedures, SOP.

Specifically, operatives of the Commission are not allowed to demand for professional certificates of sureties as a bail condition. Also, every demand for international passport of suspects would henceforth be exercised with discretion, depending on the nature of the case, personality and country of residence of the suspect.

Director, Legal and Prosecution Department of the EFCC, Commander of the EFCC, CE Sylvanus Tahir, SAN, cautioned that, “bail conditions served on suspects must be reasonable and practicable to be fulfilled by suspects and their sureties. Detention of suspects without a Remand Warrant for unreasonable length of time beyond the constitutionally allowed period must henceforth stop forthwith”.

Officers of the Commission are also warned against unwarranted violation of rights of suspects. He called for professionalism in all operational activities, stressing that “it is time to have a paradigm shift and change the narrative.

Henceforth, professionalism shall be the watchword. Let’s follow the best international standards worth our identity as a flagship law enforcement agency”

Dele Oyewale
Head, Media & Publicity
November 1, 2023