HARASSMENT: AKPATA WRITES EFCC CHAIR, ISSUES ‘CEASE AND DESIST’ DEMAND

Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has again risen in defence of Nigerian lawyers through a ‘cease and desist’ letter to the Economic and Financial Crimes Commission (EFCC).

In the searing letter obtained by CITY LAWYER and titled “ASSAULT OF OFFICIAL(S) OF THE NIGERIAN BAR ASSOCIATION BY OPERATIVES OF THE EFCC AND RELATED INCIDENTS OF UNPROFESSIONALISM AGAINST LAWYERS: A DEMAND FOR INVESTIGATION, IMMEDIATE ACTION AND CESSATION,” Akpata stated that he was “constrained” to write the anti-graft Chairman over the alleged assault on NBA Makurdi Branch Chairman, Mr. Justin Gbagir and “the recurring unwholesome and unprofessional conducts by officers and operatives of the EFCC against members of the legal profession in Nigeria who are lawfully discharging their professional responsibilities.” The letter was copied to Attorney General of the Federation & Minister of Justice, Mr. Abubakar Malami SAN.

In the 15-paragraph long letter dated June 10, 2021 but received by the EFCC on 15th June, 2021, the NBA President noted that he was “credibly informed that Mr. Gbagir visited the Makurdi office of the EFCC on 8th June 2021 to facilitate the release of one Ms. Aver Shima (“Ms. Shima”), who is a law officer in the employ of the Benue State Ministry of Justice. Ms. Shima had apparently been detained by the EFCC on an allegation that she gave legal advice to the Chairman of the Benue State Universal Basic Education Board that allegedly culminated in the latter signing a document which is reportedly the subject of investigation by the EFCC. Since the merits of the detention of Ms. Shima for providing legal advice is now, as I understand it, already the subject of independent investigation, I shall refrain from commenting on Ms. Shima’s treatment.”

Turning to the alleged manhandling of Gbagir by EFCC operatives, Akpata said: “Infuriated by this turn of events, the Honorable Attorney-General, the Solicitor General and the Special Adviser to the Governor who had all come to intervene in the detention of Ms. Shima left the premises. Suffice to state that Mr. Gbagir who suffered severe hurt and sustained various degrees of injury had to be hospitalized at the Benue State University Teaching Hospital, Makurdi.”

In a damning indictment of the EFCC operatives, the NBA President described their conduct as “uncultured,” saying: “I assume that you will agree, Mr. Chairman, that if this level of uncultured behaviour could be exhibited by EFCC operatives in the presence of the strong delegation accompanying Mr. Gbagir, who in his own right is a Bar Leader, then the potential fate of other lawyers and citizens who interface with the EFCC in that zone is better imagined than experienced.”

Also in a veiled displeasure over the conduct of the EFCC leadership and its controversial press statement over the assault, Akpata said: “When we both spoke about this incident on 9th June 2021, you understandably expressed shock at this development and promised to investigate same. I have no cause yet to believe that you would personally renege on that promise. However, I have seen certain reports in the media credited to the EFCC Media and Publicity team which denied and largely distorted the facts. In fidelity to honesty and good order, I trust that you and I can agree that the statement credited to the EFCC media head, to the extent that it represents the official position of the EFCC, is premature and antithetic to your pledge to investigate the issue.

“It is pertinent to add that both before and after reading the EFCC statement, I spoke to the Attorney-General of Benue State and other well-meaning senior lawyers who witnessed the incident, and their narrative is entirely consistent with the position of Mr. Gbagir. I have no reason to doubt or disbelieve their narrative and it now behooves on the EFCC to show that it can rise above board and properly investigate the excesses of its own staff.

Turning to the issue of harassment of lawyers by EFCC operatives, Akpata lampooned the operatives for “the high level of unprofessionalism, crass abuse of power and inhumane treatment” which they “have exhibited, and continue to exhibit, at different times when dealing with lawyers at various offices of the EFCC across the country.” According to him, “Verifiable instances abound of lawyers who have been, or are being, harassed, arrested, and detained for either providing legal advice to, or preparing transaction documents for, their clients. There are also other instances, where lawyers are simply denied access to their clients in custody or continuously maltreated, frustrated, intimidated and demeaned by EFCC operatives. The NBA is more than willing to make further representations to you and provide proof of such unsavory developments including recent instances where we have had to intervene on behalf of our members who were unjustly harassed or detained by the EFCC.”

Noting however that this state of affairs precedes the current EFCC leadership, Akpata warned that the situation “is totally unacceptable and, if not checked, will increasingly paint the Commission in a negative light, raise serious concerns about the modus operandi of the Commission and undermine her relationship with critical stakeholders.”

He noted that “the current state of the relationship between lawyers and the Commission, which ordinarily ought to be harmonious, collaborative and symbiotic, is unhealthy and continues to deteriorate. For inexplicable reasons, the relationship is characterised by the wanton harassment and assault of members of the legal profession who, by their calling, are mandated to provide legal advisory and support services to suspects in the custody of the Commission or those who are otherwise under investigation.” Akpata then warned that “This debasing treatment must cease forthwith.”

In a three-point demand, the NBA President wrote: “It is in view of the foregoing that I therefore formally request you to use your good offices to investigate this complaint expeditiously and thoroughly in the interest of justice and ensure that all operatives complicit in the very unfortunate incident are disciplined in line with extant service rules and applicable laws. The NBA will be constantly following up with you in this respect, as we will no longer endure or tolerate the incessant harassment of our members by EFCC operatives while such lawyers are lawfully discharging their duties.

“You may recall that one of the cardinal pillars of your mandate upon your assumption of office was to reposition the Commission and make it a reputable anti-corruption agency that boasts of the finest of personnel. I dare say that achieving this laudable objective would necessarily include weaning the Commission of officers and personnel whose conduct, taken individually or in the aggregate, are bound to undermine the image of the Commission.

“As you continue to settle into office, I urge you to look into these issues carefully with a view to resolving them holistically and avoiding a recurrence. We are indeed expectant that there will be no repeat of incidences such as those complained about in this letter. Lawyers dealing with the Commission must and should be accorded the respect and dignity that they deserve when acting on behalf of their clients. Under your leadership, you must intervene and take steps to ensure that this is the case at all offices of the Commission across the country.”

Below is the full text of the letter:

10th June 2021

The Executive Chairman
Economic and Financial Crimes Commission
EFCC Headquarters
Plot 301/302, Institution and Research Cadastral District
Jabi, Abuja

Attention: Mr. Abdulrasheed Bawa

Dear Sir,

ASSAULT OF OFFICIAL(S) OF THE NIGERIAN BAR ASSOCIATION BY OPERATIVES OF THE EFCC AND RELATED INCIDENTS OF UNPROFESSIONALISM AGAINST LAWYERS: A DEMAND FOR INVESTIGATION, IMMEDIATE ACTION AND CESSATION

  1. I am constrained to write to you over (a) an unfortunate incident which occurred on 8th June 2021 involving some operatives of the Economic and Financial Crimes Commission (the “EFCC” or the “Commission”) at its Makurdi Zonal office, and Mr. Justin Gbagir (“Mr. Gbagir”), a senior member of the Nigerian Bar Association (“NBA”) who is also the Chairman of the Makurdi Branch of NBA; and (b) the recuring unwholesome and unprofessional conducts by officers and operatives of the EFCC against members of the legal profession in Nigeria who are lawfully discharging their professional responsibilities.

The Unfortunate Makurdi Incident

  1. I have been credibly informed that Mr. Gbagir visited the Makurdi office of the EFCC on 8th June 2021 to facilitate the release of one Ms. Aver Shima (“ Shima”), who is a law officer in the employ of the Benue State Ministry of Justice. Ms. Shima had apparently been detained by the EFCC on an allegation that she gave legal advice to the Chairman of the Benue State Universal Basic Education Board that allegedly culminated in the latter signing a document which is reportedly the subject of investigation by the EFCC.   Since the merits of the detention of Ms. Shima for providing legal advice is now, as I understand it, already the subject of independent investigation, I shall refrain from commenting on Ms. Shima’s treatment.
  1. As we understand from the sequence of events, when Mr. Gbagir arrived at the EFCC zonal office in the company of other senior members of the Benue State Ministry of Justice, including the State Director of Public Prosecution, the delegation was refused entry into the offices of the EFCC and was subjected to humiliating and degrading treatment by the security operatives manning the gate of the EFCC on the rather specious ground that they were “agitators” who had come to protest. It took the intervention of the Senior Special Assistant to the State Governor and the arrival of the Attorney-General and the Solicitor-General of the State before the delegation was allowed access into the facility.
  1. It is our further understanding that when Mr. Gbagir was introduced to the EFCC zonal head (Mr. Kazeem Oseni) by the Solicitor-General of the State as the Chairman of the Makurdi Branch of the NBA, Mr. Gbagir was denied all courtesies on the ground that he was an “agitator”. Perplexed and embarrassed, Mr. Gbagir sought to excuse himself from the office of the zonal head only to be swarmed by an army of operatives of the EFCC, who brutally manhandled Mr. Gbagir and pushed him out of the premises. Of particular note and concern is the fact that eyewitness accounts confirm that the actions of the EFCC operatives were carried out with the tacit consent of the zonal head, at best, or based on his express instructions, at worst.
  1. Infuriated by this turn of events, the Honorable Attorney-General, the Solicitor General and the Special Adviser to the Governor who had all come to intervene in the detention of Ms. Shima left the premises. Suffice to state that Mr. Gbagir who suffered severe hurt and sustained various degrees of injury had to be hospitalized at the Benue State University Teaching Hospital, Makurdi.
  1. I assume that you will agree, Mr. Chairman, that if this level of uncultured behaviour could be exhibited by EFCC operatives in the presence of the strong delegation accompanying Mr. Gbagir, who in his own right is a Bar Leader, then the potential fate of other lawyers and citizens who interface with the EFCC in that zone is better imagined than experienced. 
  1. When we both spoke about this incident on 9th June 2021, you understandably expressed shock at this development and promised to investigate same. I have no cause yet to believe that you would personally renege on that promise. However, I have seen certain reports in the media credited to the EFCC Media and Publicity team which denied and largely distorted the facts.  In fidelity to honesty and good order, I trust that you and I can agree that the statement credited to the EFCC media head, to the extent that it represents the official position of the EFCC, is premature and antithetic to your pledge to investigate the issue.
  1. It is pertinent to add that both before and after reading the EFCC statement, I spoke to the Attorney-General of Benue State and other well-meaning senior lawyers who witnessed the incident, and their narrative is entirely consistent with the position of Mr. Gbagir. I have no reason to doubt or disbelieve their narrative and it now behooves on the EFCC to show that it can rise above board and properly investigate the excesses of its own staff.

Other egregious conducts of EFCC operatives against legal practitioners  

  1. Chairman, whilst the above represents the isolated experience of Mr. Gbagir, it is an opportune time to bring to your attention the high level of unprofessionalism, crass abuse of power and inhumane treatment that operatives of the EFCC have exhibited, and continue to exhibit, at different times when dealing with lawyers at various offices of the EFCC across the country. Verifiable instances abound of lawyers who have been, or are being, harassed, arrested, and detained for either providing legal advice to, or preparing transaction documents for, their clients. There are also other instances, where lawyers are simply denied access to their clients in custody or continuously maltreated, frustrated, intimidated and demeaned by EFCC operatives. The NBA is more than willing to make further representations to you and provide proof of such unsavory developments including recent instances where we have had to intervene on behalf of our members who were unjustly harassed or detained by the EFCC.
  1. This state of affairs, which admittedly precedes your appointment to superintend the EFCC, is totally unacceptable and, if not checked, will increasingly paint the Commission in a negative light, raise serious concerns about the modus operandi of the Commission and undermine her relationship with critical stakeholders. As you know, the role of lawyers is critical to the actualisation of the Commission’s foundational objectives. As a law enforcement agency that is established to be responsible and accountable to the citizenry, one would expect that lawyers will continue to be your partners in progress who should feel welcome and accommodated by the Commission and its operatives.
  1. Regrettably, the current state of the relationship between lawyers and the Commission, which ordinarily ought to be harmonious, collaborative and symbiotic, is unhealthy and continues to deteriorate. For inexplicable reasons, the relationship is characterised by the wanton harassment and assault of members of the legal profession who, by their calling, are mandated to provide legal advisory and support services to suspects in the custody of the Commission or those who are otherwise under investigation. This debasing treatment must cease forthwith.

Conclusion

  1. It is in view of the foregoing that I therefore formally request you to use your good offices to investigate this complaint expeditiously and thoroughly in the interest of justice and ensure that all operatives complicit in the very unfortunate incident are disciplined in line with extant service rules and applicable laws. The NBA will be constantly following up with you in this respect, as we will no longer endure or tolerate the incessant harassment of our members by EFCC operatives while such lawyers are lawfully discharging their duties. 
  1. You may recall that one of the cardinal pillars of your mandate upon your assumption of office was to reposition the Commission and make it a reputable anti-corruption agency that boasts of the finest of personnel. I dare say that achieving this laudable objective would necessarily include weaning the Commission of officers and personnel whose conduct, taken individually or in the aggregate, are bound to undermine the image of the Commission.
  2. As you continue to settle into office, I urge you to look into these issues carefully with a view to resolving them holistically and avoiding a recurrence. We are indeed expectant that there will be no repeat of incidences such as those complained about in this letter.  Lawyers dealing with the Commission must and should be accorded the respect and dignity that they deserve when acting on behalf of their clients.  Under your leadership, you must intervene and take steps to ensure that this is the case at all offices of the Commission across the country.
  1. While I look forward to an expeditious investigation of the unjust treatment of Mr. Gbagir and a general refocusing of the approach of the EFCC in its dealings with lawyers, please accept, Mr. Chairman, the assurances of my highest consideration.

Yours faithfully,

OLUMIDE AKPATA

President

Nigerian Bar Association

Cc:       The Honourable Attorney General of the Federation

Federal Ministry of Justice

Abuja

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BENUE ASSAULT: EFCC CHIEF INVESTIGATOR GRILLS NBA CHAIR, A-G WADES IN

  • BENUE A-G DEMANDS CCTV FOOTAGE FROM EFCC

  • I’M SHOCKED, SCANDALIZED BY EFCC’S DENIAL

  • I CAN’T SEE, HEAR WELL AGAIN

  • I WILL PRESS CHARGES IF ….

Embattled Chairman of the Nigerian Bar Association (NBA), Makurdi Branch, Mr. Justin Gbagir has been grilled by the Economic and Financial Crimes Commission (EFCC) chief investigator on his allegation of assault by operatives of the anti-graft agency.

In an exclusive interview with CITY LAWYER, Gbagir said that the interview by the Director of Intelligence Unit at the EFCC which started yesterday at the office of the Benue State Attorney-General was concluded today when he wrote a formal statement on what transpired at the Makurdi Office of the EFCC last Tuesday.

Gbagir said that aside from the impairment to his left eye, he has started experiencing hearing challenges due to the alleged beating by the EFCC operatives. He warned that “I told them that I have other options to seek redress” if the perpetrators are not brought to justice.

Below is the full text of the interview.

“I am Justin Gbagir, Chairman of NBA Makurdi Branch who was assaulted and beaten by the operatives of the EFCC on Tuesday, the 8th of June, 2021.

“It is unfortunate that EFCC which claims to operate within civic norms will come out to blatantly deny that they did not assault and beat me up.

“The beating was so severe that I was admitted at Benue State University Teaching Hospital and administered some drugs and injections. As a result of the beating, I also sustained injury in my left eye. As I speak with you, I cannot see very well with my left eye.

“Yesterday again, I started experiencing problem with my hearing. So I am also currently having hearing challenges. I am yet to go for medical check-up to sustain (sic) the level of damage that might have been done to my ears.

“But yesterday someone came from Directorate of Intelligence – which he said is like Military Police in the Army – to listen to us from the headquarters. We met at the office of the Honourable the Attorney General of Benue State and we took turns to narrate what happened. So when we finished, he specifically requested me to put my statement in writing and because it was already dark we agreed to reconvene at 8.30 this morning, which we did. And I put my statement in writing.

“I am actually shocked, scandalized and embarrassed with the allegations that EFCC have made in their Press Release that I went there with thugs to forcefully release a detainee. I want to say it in very clear terms that all the lawyers that were there with me – including the Honourable the Attorney General, the Solicitor General and Director of Public Prosecution and Senior Special Assistant to the Governor on Legal Matters – we were just nine, including myself, 10. And all the people that were there – except the Director of Finance and Administration in the State Ministry of Justice who was also there, who is not a lawyer – the rest of us were lawyers. I don’t see how colleagues who went to EFCC Office to facilitate the release of their colleague will be called thugs.

“Today, the AG also requested the person that came from Abuja to request for CCTV footage from their (EFCC) office. This happened directly within their compound and their CCTV footage must have captured what happened. So if they fail to produce their CCTV footage, I think it will also be another way of trying to deny or hide the facts.

“By and large, I think the EFCC are not being truthful; their denial of all the allegations is baseless. I think we are not going to leave the matter like that. In my statement which I wrote today, I told them that I have other options to seek redress. But I am giving them an opportunity for them to sort out this issue, punish the perpetrators, and then we discuss further on whatever demands that I might have.

“At the moment, I don’t want to make demand yet; I am yet to fully ascertain the level of damage they have done to my eye, to my ears and other general health conditions. So when that is ascertained by medical experts, I will also know what demands I will be making for compensation. At the moment, I don’t want to say that because I am yet to get the proper medical report in that regard.

“Today again, the NBA Makurdi Branch insisted on making a Press Statement particularly in view of the statement by EFCC. After they (EFCC) had reached out to our (NBA) President with a view that they would investigate the matter, they went ahead to issue a statement denying the facts. So the Press Conference just finished a while ago and I think in a very short it will also be in the public domain on the position of NBA Makurdi Branch.”

CITY LAWYER recalls that Gbagir had alleged that he was manhandled at the instance of the EFCC Makurdi Zonal Head. Narrating his ordeal, Gbagir said: “As I made to leave, the personnel of EFCC numbering between 7 and above pounced on me and started beating me. They broke my recommended reading eyeglasses in the process and pushed me out of the premises. “Outside the premises, they threw out my footwears which I was dispossessed of in the course of the beating,” he said.

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BENUE ASSAULT: AKPATA TACKLES BAWA, EFCC DENIES CHARGE

  • AG, SOLICITOR-GENERAL CONFIRMED ASSAULT – SPIDEL CHAIR

Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has petitioned the Economic and Financial Crimes Commission (EFCC) Chairman, Mr. Abdulrasheed Bawa over the battered NBA Makurdi Branch Chairman, Mr. Justin Gbagir, even as the anti-graft agency has denied that its operatives manhandled the Bar Leader.

Impeccable sources told CITY LAWYER that Akpata had engaged with the EFCC Chairman over the matter. Bawa was said to have requested time to investigate the matter and take necessary action.

The EFCC has now issued a statement denying the alleged assault. The anti-graft agency said that it was the Makurdi Branch Chairman who “was the aggressor as he led a gang of thugs to breach the security of the Makurdi office in an attempt to forcibly set free a suspect under interrogation by the EFCC.”

The statement added that the Bar Leader allegedly failed to identify himself and that “the EFCC Zonal Head had no option than to show him out of his office and refuse him further entry into the Commission’s premises.”

But fiery NBA Section on Public Interest and Development Law (NBA-SPIDEL) Chairman, Mr. Monday Ubani said that several sources confirmed the assault to him, even as the under-fire Zonal Head denied the allegation. His words: “I have spoken to the Chairman of Makurdi who confirmed the beating. He is back to hospital. I have also spoken to the Special Adviser to the Governor on Legal Matters who confirmed the incident. I eventually got the President of the Bar who affirmed that the AG confirmed the beating. Our President has spoken to the Chairman of EFCC who requested for time to investigate and take action.”

He however said the Zonal Head denied “that he never touched nor directed any of his operatives to touch our member. He denied the beating.” 

Narrating his ordeal, Gbagir said: “As I made to leave, the personnel of EFCC numbering between 7 and above pounced on me and started beating me. They broke my recommended reading eyeglasses in the process and pushed me out of the premises.

“Outside the premises, the threw out my footwears which I was dispossessed of in the course of the beating.”

Below is the full text of the EFCC statement.

EFCC Press Release

EFCC Denies Assaulting NBA Chairman

The Economic and Financial Crimes Commission, EFCC wishes to inform the public that claims by one Justin Gbagir, Chairman Makurdi Branch of the Nigerian Bar Association, NBA, that he was assaulted and brutalized by operatives of the Makurdi Zonal Office of the Commission on June 8, 2021, leading to his being hospitalized at BUSTH is false, and orchestrated to portray the Commission as draconian and uncivil.

Contrary to the false narrative being promoted in the social media by Gbagir, he was the aggressor as he led a gang of thugs to breach the security of the Makurdi office in an attempt to forcibly set free a suspect under interrogation by the EFCC.

The standard procedure for effecting the release of suspects in detention is known to even rookie lawyers. But rather than follow due process, Gbagir opted for force, recruited thugs and stormed the EFCC office.

In spite of the provocation, operatives of the Commission handled him with restraint, bent backward by allowing him to meet with the Zonal Head. But rather than reciprocate, he still refused to identify himself, against all norms of civility. In the circumstance, the EFCC Zonal Head had no option than to show him out of his office and refuse him further entry into the Commission’s premises.

Regrettably, the seasoned lawyer resorted to social media blackmail, posing in hospital bed and concocting a fantastic story of an imaginary assault by EFCC operatives.

His action is to say the least indecorous and unbecoming of the leader of the bar in a state like Benue. He demonstrated embarrassing insensitivity to the delicate security situation of the state.

Gbagir should be remorseful for his misguided action and not spew untruths in pliable sections of the media.

Wilson Uwujaren
Head, Media & Publicity
9 June, 2021

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