Arrest First, Investigate Later: EFCC's Cyber-Vigilante Approach and Why They Should Level Up

 EFCC's Public Arrests May Compromise Suspects' Right to a Fair Trial’

This has been a persistent issue that no one seems to be talking about, except that it has become a trending issue on Nigerian social media since the early hours of today, November 1, 2023, when news broke that the EFCC had arrested 69 students on suspicion of internet fraud. According to verified videos online, officers of the Economic and Financial Crimes Commission (EFCC), Ibadan Unit, broke into the hostels of off-campus students of Obafemi Awolowo University, Ile-Ife, and arrested 69 students. The EFCC has published the names of all the students on its website, even though they have not been charged with any crime.

The Economic and Financial Crimes Commission's (EFCC's) approach to internet fraud arrests, which involves publicly displaying suspects and publishing their names before a full investigation has been completed, has been a topic of debate and controversy for years. This has been a consistent pattern of the EFCC, which arrests anyone it claims are internet fraud suspects.

On the one hand, proponents argue that the public nature of the arrests serves as a deterrent and warning to would-be fraudsters, making it a valuable tool in the fight against cybercrime. However, critics point out that this approach may be unethical, as it potentially undermines the presumption of innocence and may lead to public shaming and ostracism of suspects who may ultimately be found innocent. Additionally, one starts to wonder whether the EFCC does not understand the disguised role it plays in what one can call "cyber-vigilantism," especially because this manner of arrests will promote online justice, which is not constitutionally recognized.

This leads one to ask why the EFCC does not conduct investigations before arresting suspects? If the EFCC really wants to leave the politicians ripping Nigeria of its financial resources and focus on internet fraudsters who have also equally spoiled the image of the country on the international stage, it should at least learn from the FBI how they trailed the infamous conman Abass Ramon, aka Hushpuppi, before arresting him in his sleep.

If you are aware of the very calculated way Hushpuppi was systematically caught red-handed, you would understand how lazy the EFCC is in discharging its duties and why the Federal Government must push it to do more than break into people's homes in the middle of the night, put people in vans, and lock them up like sardines.

Investigators used Abbas’s social media accounts on Instagram and Snapchat to track and confirm his whereabouts, and gather evidence to charge him. An FBI affidavit details how the Bureau initially discovered Abbas and his social media handle through two co-conspirators. One of these accomplices, a non-Nigerian manager of the criminal organization’s money mules, had a UAE number saved as “Hush” tied to the Snapchat username “hushpuppi5.”

The FBI similarly found and reviewed Hushpuppi’s Instagram account—where he also mentions the same Snapchat username and styles himself as a real estate developer—and matched his posts to photos from Abbas’s passports and other identification documents. The account gave the detectives insight into their target’s lifestyle of “substantial wealth.”

Snap Inc., Instagram and Apple provided records for the investigation that helped the FBI to make connections between chat histories, phone contacts and email addresses, which allowed investigators to confirm Abbas’s correspondences and his Dubai residence at the Palazzo Versace. (Quartz 2020)

Clearly, the FBI worked with the Dubai Police Force and amassed credible evidence against Hushpuppi that cannot be overruled anywhere in the world. As a result, the once-popular Instagram Big Boy is now serving a jail term in a US prison.

What Stops EFCC From Being Nigeria's FBI?

A lazy team of professionals lacking the ethical know-how and diligent skills to carry out their roles effectively. The EFCC will always run to its website on market days to publish the names of arrested suspects just to get social media validation and subtle pats on the back from highly placed politicians who swing in and out of prison after pilfering public funds.

The irony is that the EFCC does not care about going the extra mile, especially constitutionally, to bring down financial criminals. The vision that former President Olusegun Obasanjo had for the EFCC has been lost in the wind of generational corruptionAs if today's tragedy were not enough, an EFCC spokesman, while speaking to OAU students at the EFCC office, said, "Internet fraudsters work at night," and therefore, "If you are awake at night, you are a fraudster." 

This is the perfect example of putting a round peg in a square hole and hoping for an effective agency. Why would someone think that anyone who stays up at night in the comfort of their home, working on their laptop, is automatically a fraudster? So, if the President of the country stays up until 1 a.m., working with Ministers at the State House, is he a fraudster too?

It is this same morally congested setting, where corrupt politicians steal money, spend a week or two in custody, and are then released after investigations are stalled and the court does not find any legal reason to keep them locked up.

EFCC’s catch phrase; ‘The suspects have made useful statements to the EFCC and will be charged to court as soon as investigations are concluded’ will never make sense even to a first year student of law school.

The potential consequences of the EFCC's intentional act of public disgrace are numerous. When suspects are arrested and named publicly before a full investigation is completed, it has several negative consequences. For example, as seen in today's OAU case, it can lead to violations of suspects' rights, such as the right to privacy and the right to a fair trial.

The popular mantra is "innocent until proven guilty," but with this style of arrests, the EFCC has created a "guilty until proven innocent" culture, in which the public assumes a suspect's guilt before all the facts are known.

Although human rights causes have grown over the years, many internet users are known for publicly shaming and stigmatizing suspects, even if they are ultimately found innocent.

What To Do?

In truth, when the focus is on making a public display of suspects rather than building a strong case based on the evidence, there is a risk of wrongful convictions and miscarriages of justice. This can have serious and long-lasting consequences for the accused and erode public trust in the justice system.

This article calls on the EFCC to level up and stop playing to the tune of the government. The clownery is now very clear, and the youths of the country, especially students, will not sit down any longer and watch their rights be trampled upon. This style of bringing suspects to book will not deter criminals because it is not ethical. It will never be feasible because many suspects have gone to and come back from EFCC nests after paying huge sums of money for bail. Why should you arrest someone without first concluding investigations and then make the person pay millions of naira for their bail? Why does this country have too many stupid people trying to make do with unwritten laws?

Until the EFCC is ready to be accountable, unlearn and relearn global best practices for arresting suspects, they should keep their white buses in their offices and take a break!