Profiles International Human Rights Advocate

Open Letter to the Economic and Financial Crimes Commission (EFCC)

Dear EFCC,

I hope this message finds you well. I am writing to seek clarification regarding the recent judgment involving Cubana Chief Priest on charges of Naira abuse and the differences in penalties imposed compared to other similar cases, specifically that of Bobrisky, who was sentenced to six months in prison for the same offense.

The key points that prompt this request for clarification are as follows:

1. Legal Framework and Discretion: Under Section 14(2) of the EFCC Establishment Act, the EFCC has discretionary power to compound offenses and impose fines exceeding the statutory maximum. In Cubana Chief Priest's case, a fine of N10 million was imposed, which is significantly higher than the N50,000 statutory maximum.

2. Proportionality of the Penalty: The vast discrepancy between the statutory maximum fine and the imposed fine raises questions about proportionality and fairness. Furthermore, the difference in sentencing compared to Bobrisky's case suggests possible inconsistencies in the application of penalties for similar offenses.

3. Deterrence vs. Punishment: In addition to the fine, Cubana Chief Priest was mandated to engage in sensitization campaigns against Naira abuse and make bi-monthly social media posts. While these measures serve as both punitive and deterrent, they differ significantly from the prison sentence handed to Bobrisky.

4. Role of Social Media: The court's decision to mandate social media postings as part of the penalty underscores the role of modern platforms in public sensitization. However, it also raises concerns about freedom of expression and the extent to which the court can impose conditions on an individual's online activities.

5. Public Perception and Impact: High-profile cases such as these can significantly influence public perception of the legal and financial systems. Consistency in the application of penalties is crucial for maintaining public trust and ensuring the effectiveness of legal deterrence.

6. Future Enforcement: The presence of the Special Task Force against Naira Abuse underscores an ongoing effort to curb such offenses. However, the success of these efforts will be measured by the uniformity and fairness of the actions taken across all cases.

Given these considerations, I kindly request an explanation for the discrepancy in penalties between the cases of Cubana Chief Priest and Bobrisky. Understanding the rationale behind these differing judgments will help clarify the EFCC's approach to enforcement and ensure public confidence in the fairness and consistency of the legal system.

Thank you for your attention to this matter. I look forward to your response.

Sincerely,

Daniel Okonkwo

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