Former President of the Nigerian Bar Association (NBA) Dr Olisa Agbakoba SAN Tuesday challenged fellow lawyer and human rights activist, Femi Falana SAN to a public debate of the propriety of the Economic and Financial Crimes Commission (EFCC) investigating and prosecuting criminal cases.
Falana had accused some of the country’s senior lawyers of aiding corruption by frustrating the prosecution of corrupt individuals through “orders of interlocutory or perpetual injunctions in favour of treasury looters”.
In a piece entitled ‘The fight against anti-corruption agencies by NBA’, Falana alleged that some of these lawyers have placed the rich and powerful individuals above the law.
He said that in recent times, these lawyers, whom he also described as a “cabal” in the NBA have shown the tendency to manipulate the criminal justice system to the detriment of the Nigerian society.
“…the NBA never challenged senior lawyers who have continued to frustrate the prosecution of corruption cases through frivolou s objections, interlocutory appeals and stay of appeals as well as orders of interlocutory or perpetual injunctions in favour of treasury looters,” Falana said.
“In advanced capitalist societies, lawyers are duty-bound to ensure that the law is higher than everyone, no matter how highly placed. But in a peripheral capitalist society like Nigeria, lawyers have placed rich and powerful individuals above the law. In recent times, many senior lawyers have shown proclivity for manipulating the criminal justice system to detriment of the society by lending their expertise to clients outside the bounds of law in contravention of paragraph 15 (2) of the Rules of Professional Conduct in the Legal Professional”.
He said further: “This stipulates that: In his representation of his client, a lawyer shall keep strictly within the law notwithstanding any contrary instruction by his client and if the client insists on a breach of the law the lawyer shall withdraw his service.”
He further expressed dismay that the NBA could kick against the decision of the National Human Rights Commission (NHRC) to publish the list of criminal suspects who allegedly committed electoral malfeasance during the 2011 and 2015 general elections.
Falana alleged that Agbakoba led a delegation of bar leaders to the then Attorney General of the Federation, Michael Andoakaa with a view to divest EFCC of its powers of prosecution. But Agbakoba denied and said : “nothing can be further from the truth”
Agbakoba on Tuesday evening said : “I just read a story on today’s Nation Newspaper titled “The fight against anti – corruption agencies by NBA (1)” credited to my learned brother Femi Falana SAN stating that in 2007 I led a delegation of bar leaders to pay a courtesy call on the then Minister of Justice and Attorney General of the Federation, Michael Aondoakaa SAN with a view to divesting the Economic and Financial Crimes Commission (EFCC) of its prosecutorial powers.
Nothing can be further from the truth. I never led any such delegation at any time to the then Minister of Justice and Attorney General, Michael Aondoakaa SAN. I continue to hold the view that a debate on the propriety of the EFCC investigating and prosecuting financial crimes at the same time is appropriate. If the idea behind my learned brother’s insinuation is to stifle debate on the EFCC, this will not work”.
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