HIGHLIGHTS OF THE PROCEDURE IN CORRUPTION CASES AT THE HIGH COURTS.

[Olajire Deborah]

HIGHLIGHTS OF THE PROCEDURE IN CORRUPTION CASES AT THE HIGH COURTS.
(BEFORE COURT – ARREST, INVESTIGATIONS AND DETENTION)

The EFCC or ICPC , just like the Police, must respect the fundamental rights of every person accused of corruption. Therefore, the suspect must be taken as innocent until proved guilty. In most cases, such a suspect will first be sent a letter of invitation to report himself to the agency. Upon arrival, the suspect is accosted with the allegation(s) against him and is allowed to respond in writing, just like a statement with the Police. If the suspect fails to honor the invitation, then he may be arrested, with or without force and taken into custody and the allegations against him presented.

After the interrogation, the suspect is entitled to be granted administrative bail by the agency within 24 hours as provided for under the law. He will present surety or sureties who will meet the conditions prescribed by the agency, and then he may be allowed to go home and return on scheduled dates. If he fails to return, then he has jumped bail which is another offence on his own.

The EFCC and ICPC may deny the suspect bail and apply to court for an order to detain him for a maximum period of 14 days. This usually applies where granting bail to the suspect will prejudice the investigation or where there is the strong likelihood that the suspect may abscond. At the expiration of this initial period, the agency may again apply to the court for the renewal of this detention order for further 14 days, for two more times.

If there is a need to search the house or office of the suspect, the agency concerned must apply to the court for a search warrant, which is the only document that can authorize the search of the suspect’s home.
The investigations may last for as long as possible, until and unless the case-file is closed. In some other instances, the suspect may choose to return the loot, and if the agency deems fit, they may not prefer any charge against him. The agency has the discretion to prefer a charge or not, subject to the overriding directives from the Attorney-General. But where it chooses to prefer a charge, the suspect must be informed beforehand so he can make adequate preparations for his defence.

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