THE Economic and Financial Crimes Commission (EFCC) has secured only 10,935 convictions from the 58,165 cases investigated between 2019 and 2023 despite its aggressive tactics which violate the fundamental rights of citizens.
This represents approximately 19 per cent of all cases probed by the agency within the period, meaning that the remaining 81 per cent investigated did not lead to convictions.
However, when compared with 16,115 cases filed in court, the agency secured a 68 per cent conviction rate within five years.
This is based on the EFCC Operational Statistics exclusively obtained by The ICIR which revealed the number of petitions received by the anti-graft agency, the total number of cases investigated, cases filed in court and convictions secured between 2019 to 2023.
According to the data, the commission received 78,539 petitions from members of the public within the period, while only 16,115 made it to the court.
While the total number of convictions secured has been steadily increasing since 2019, comparing the figures per the number of cases investigated mostly through raids, harsh interrogation and arbitrary arrests raises a concern.
For instance, in 2019, only 14 per cent of the cases investigated resulted in convictions. Similarly, in 2023, the conviction rate increased to 23 per cent, but the vast majority of cases still fell short of successful prosecution.
The year 2022 stood out as a high point, with 3,785 convictions—the highest recorded during the period—accounting for nearly 35 per cent of all convictions secured within the five years.
The data also showed that Lagos emerged as the zone with the highest number of convictions secured by the commission recording 2,180 convictions.
This places Lagos far ahead of other zones, reinforcing its status as the epicentre of EFCC operations. The zone also led in other operational metrics, including 15,873 petitions received, 10,239 cases investigated, and 3,278 cases filed in court.
Conversely, Sokoto recorded the lowest number of convictions within the same period, securing only 164. The state also recorded one of the lowest figures for petitions received, with 3,484, and only 194 cases filed in court.
The EFCC has remained one of the two major anti-graft agencies established by law to combat corruption-related cases in the country. It is often complemented by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). Both were established under the administration of former President Olusegun Obasanjo.
“I identified corruption as the greatest bane of our society which was why I set up the ICPC and EFCC to tackle it headlong. Corruption drains billions of dollars from our economy. Corruption has returned to Nigeria and we are just beginning to fight it afresh,” Obasanjo said in February 2016, years after leaving office.
President Bola Ahmed Tinubu has consistently emphasised the importance of empowering the Economic and Financial Crimes Commission (EFCC) and other anti-corruption agencies to effectively combat corruption in Nigeria.
He has also advocated for strengthening these institutions by ensuring their independence, providing adequate funding, and promoting adherence to legal frameworks.
In August 2024, during the 6th Annual General Assembly of the Network of Anti-Corruption Institutions in West Africa (NACIWA), Tinubu stated: “I have worked hard over the past year to strengthen all the anti-corruption agencies in Nigeria by not interfering in their activities and ensuring that they are adequately funded. I have also encouraged them to operate within the ambit of the law.”
However, an investigation by The ICIR showed that the commission’s operatives often violate the fundamental rights of citizens in the course of their operations. This has led to arbitrary arrest, invasion of people’s privacy, harassment, intimidation and illegal detention among others.
Speaking with The ICIR, Senior Research and Policy Analyst at BudgIT, Vahyala Kwaga, emphasised the need for the EFCC to refine its procedures to increase the success of prosecutions.
According to him, while policing cybercrimes involves specialised methods and tactics, the EFCC must acknowledge that the quality of arrests, detention, and the filing of charges plays a critical role in the outcomes of its cases.
He also called for greater transparency, urging the agency to publicly disclose its methods for interviewing suspects and accused persons.
“EFCC officials, as suggested by the Office of the United Nations High Commissioner for Human Rights, should before conducting ‘raids’ ask themselves: ‘Is it legal? Will it hold up in court? Is it necessary? Is it unduly intrusive?”
“A record of every arrest must be made and shall include: the reason for the arrest; the time of the arrest; the time the arrested person is transferred to a place of custody; the time of appearance before a judicial authority; the identity of involved officers; precise information on the place of custody; and details of interrogation. The arrest record shall be communicated to the detainee, or to his or her legal counsel. The family of the arrested person shall be notified promptly of his or her arrest and place of detention.”
Kwaga further recommended continuous training for EFCC officers on arrest procedures, detainee rights, conflict resolution, and humane methods of effecting arrests, underscoring the need for proper planning, briefing, and post-arrest debriefing to ensure accountability.
He also pointed out that the EFCC is only one part of the justice system, with prosecuting attorneys and judges equally responsible for upholding the rule of law. He urged prosecutors to ensure that charges and cases are handled fairly, with bail conditions set appropriately and accused persons granted access to their solicitors.
He urged the commission to take after leading security agencies in the world, especially the British police, which prioritises building strong cases before making arrests, and, likewise, that of the United States, which focuses on intelligence and surveillance to avoid unnecessary arrests.
“This is because there are clear consequences for breaches and violations of human rights in those countries. In the case of the United States, the emphasis is on efficiency and saving taxpayers money because it is the latter that funds public services. This has led to a regime that, to some extent, prioritises intelligence gathering and surveillance, over and above showy arrests,” he said.
Kwaga added that improving the EFCC’s practices and strengthening collaboration among all stakeholders in the justice system would not only bolster the fight against cybercrime but also safeguard the rights of accused persons and enhance public trust in the process.
Nurudeen Akewushola is an investigative reporter and fact-checker with The ICIR. He believes courageous in-depth investigative reporting is the key to social justice, accountability and good governance in society. You can reach him via nyahaya@icirnigeria.org and @NurudeenAkewus1 on Twitter.