The Nigerian Bar Association has called for an immediate investigation into the N15 million bribery allegation against the Economic and Financial Crimes Commission.
A convicted cross-dresser, Idris Okuneye, popularly known as Bobrisky, had claimed that she paid a N15 million bribe to EFCC officials to have a money laundering case against her dropped.
Reacting to Okuneye’s allegations in a statement signed by its President, Afam Osigwe (SAN), on Wednesday, the NBA described the allegations as disturbing.
While Osigwe commended the EFCC for its timely decision to probe the matter, he demanded an independent investigation by the Attorney General of the Federation and the Office of the National Security Adviser.
The professional body of lawyers stressed that an urgent and thorough investigation must be carried out to determine whether the bribe was paid or if bribes are commonly paid to influence the nature of charges brought against defendants in criminal cases.
The association noted that the investigation would also test the transparency of the investigative process and the procedures for charging defendants in court.
Osigwe, in the statement, further asked the Nigerian Correctional Service to not only respond to the allegation that Bobrisky did not serve her time in a correctional facility but also provide transparent details on the conditions under which she served her sentence.
“If it is proven that she was allowed to serve her 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 statement emphasised.
The statement further read: “The investigation by the Economic and Financial Crimes Commission should determine whether or not there was any financial inducement by Bobrisky or anyone on her behalf in exchange for the dropping of money laundering charges against her. 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 action 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 offences, 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 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 prosecutorial, 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.”