Nigeria: EFCC Reviews Arrest and Bail Procedure

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

The review, as contained in the EFCC Twitter Handle, 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”.

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