Judges Urged to Exercise Caution in Granting Restraining Orders

Korede Abdullah in Lagos

The 6th Economic and Financial Crimes Commission (EFCC) – National Judicial Institute (NJI) Capacity Building Workshop has called on judges handling economic and financial crimes to exercise more caution when granting restraining orders. This call to action was made in Abuja on October 9, 2024, in a communique issued at the workshop’s conclusion.

Participants, including justices, judges, prosecutors, investigators, and anti-corruption experts, warned that unjustified restraining orders can hinder the swift resolution of corruption cases and erode public trust in the judiciary.

They emphasized that such orders, often issued at the request of government officials and suspects under investigation, can undermine the effectiveness of corruption investigations.

EFCC Chairman Ola Olukoyede praised Nigeria’s success in asset recovery, noting the country’s reputation for achieving significant recoveries globally. He urged the judiciary to continue supporting efforts to tackle corruption.

The workshop emphasized the importance of Non-Conviction Based Asset Forfeiture, urging increased reliance on non-conviction based asset forfeiture procedures, particularly for digital assets. This approach aims to streamline the recovery of illicitly acquired assets without requiring a conviction.

Additionally, the workshop highlighted four other crucial areas for improvement. Specialized Judges with expertise in economic and financial crimes should be designated to handle such cases, ensuring informed and effective adjudication.

The participants noted that Intelligence-Driven Investigation should leverage existing technology infrastructure to investigate financial crimes, rather than relying solely on whistleblowers, urging Synergy and Coordination among stakeholders in the administration of criminal justice is vital to ensure seamless cooperation.

The workshop, themed “Integrating Stakeholders in Curbing Economic and Financial Crimes,” was declared open by President Bola Ahmed Tinubu and drew prominent stakeholders, including the Senate President and Chief Justice of Nigeria.

This is not the first time the EFCC has sought support in tackling frivolous motions. In 2020, the Kano zonal head of the EFCC, Sanusi Aliyu Mohammed, appealed to the Nigerian Bar Association (NBA) to address the issue of frivolous exparte applications that hinder the Commission’s operations.