Financial crime prosecution, legal certainty and exigency of policy: case of Nigeria's EFCC
Purpose – In its fight against money laundering involving politically exposed persons (PEPs), the Economic and Financial Crimes Commission (EFCC) has the dual mandate of maintaining equilibrium between two fundamental, but sharply contradictory objectives: establishing guilt beyond a reasonable doubt, and responding to the policy imperative of nipping corruption in the bud through a pro-active involvement in preventative measures. This paper contends that as a result of the tension between these two divergent ends, the agency has found itself the spider in a cobweb of legalism designed by its adversaries to stymie its operations. Furthermore, and as a matter of priority, the paper calls for a major rethink of the appropriateness of criminal jurisdiction in the prosecution of financial crimes in Nigeria and elsewhere in Africa. The paper aims to discuss these issues. Design/methodology/approach – Case study and textual analysis of literature. Findings – Civil jurisdiction of extracting the proceeds of the ...
Research as a Tool for Fighting Corruption in Nigeria: A Focus on ICPC and EFCC
This paper examines the research efforts of anti-corruption agencies (ACAs) in Nigeria, with a view to identifying the challenges and prospects involved in getting ACAs to conduct quality research on corruption and integrate same into the design and implementation of anti-corruption interventions. Relying on existing secondary sources and some primary data, the study noted that Nigeria’s ACAs are endowed with sufficient research mandate mostly derived from their establishment Acts. These have enabled them to carry out some research on the activities of key sectors or institutions of the national economy. The findings from some of these research identified loopholes which enabled corrupt practices to proliferate, as well as exposed some of the major hurdles involved in fighting corruption in Nigeria. Consequently, several policy and institutional reforms have been put in place through the support of the ACAs concerned, some of which have led to improvements that could minimise the potential for future corrupt practices. At the same time, these ACAs face several daunting challenges including paucity of funds, inadequate prioritisation of research activities by the leadership of ACAs and low research capacity. These factors have undermined the capacity of these ACAs to effectively carry out their onerous research tasks.
The Area of Freedom, Security and Justice ten years on: Successes and future challenges under the Stockholm Programme. CEPS Paperbacks. June 2010
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. 
 
Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU’s AFSJ.