The Nigerian Bar Association (NBA) has expressed concern over allegations that officials of the Economic and Financial Crimes Commission (EFCC) accepted a N15 million bribe to drop a money laundering case against convicted crossdresser Idris Okuneye, popularly known as Bobrisky.
In a statement issued by its President, Mazi Afam Osigwe, SAN, the NBA applauded the EFCC for its prompt decision to investigate the matter and called for an independent inquiry by the Attorney-General of the Federation and the Office of the National Security Adviser (NSA).
Describing the allegations as disturbing, the NBA emphasized the need for a thorough investigation to determine whether the bribe was indeed paid and whether such practices occur to influence the charges against defendants in criminal cases.
The legal body stated that the investigation would also assess the transparency of the investigative process and the procedures used for charging defendants in court.
Additionally, the NBA urged the Nigerian Correctional Service (NCoS) to address claims that Bobrisky did not serve his sentence in a correctional facility and to provide clear details regarding the conditions under which his sentence was served.
“The NBA acknowledges that all individuals and institutions accused are entitled to the presumption of innocence until proven guilty,” the statement read.
“However, we insist that a swift and thorough investigation be carried out to establish the truth. If any public official is found culpable, appropriate legal actions must be taken to hold them accountable. If it is proven that he was allowed to serve his sentence outside a Correctional Facility, in breach of the law and a court order, the officers and officials responsible must be prosecuted and dismissed from service. Any person found complicit must face the full weight of the law,” the NBA added.
The NBA therefore demands that the Nigerian Correctional Service, NCoS, not only respond to the allegation that Bobrisky did not serve his time in a correctional facility but also provide transparent details on the conditions under which Bobrisky served his sentence. If it is proven that he was allowed to serve his sentence outside a Correctional Facility, in breach of the law and a court order, the officers and officials responsible must be prosecuted and dismissed from service.
“We also call upon the Attorney General of the Federation, EFCC, and the Office of the National Security Adviser to independently investigate allegations that a convict paid a bribe to be allowed to serve prison time in a private residence instead of in a Correctional Facility, as well as the allegation that a bribe was demanded in exchange for a government pardon.
” The suggestion that convicts can freely serve their time in private residences and potentially procure a pardon by paying a bribe undermines the very foundation of our criminal justice system and erodes public confidence in the system.
“We believe that this investigation will provide the individuals named in these allegations the opportunity to clarify their roles (if any) in this matter. If these allegations are found to be true, it would not only mock our correctional system but also serve as a wake-up call for necessary reforms in our prosecutorial and correctional processes. The NBA shall appoint eminent members of the legal profession to monitor this situation and ensure that due process is followed.
“The NBA is especially concerned with the allegation involving one of Nigeria’s foremost legal luminaries, Femi Falana, SAN, and his son, Folarin Falana, Esq. (aka FALZ). The video claims that Mr. Folarin Falana reached out to Bobrisky, and his father, Femi Falana, SAN, allegedly discussed the possibility of applying for a presidential pardon for Bobrisky. We note that Femi Falana SAN has denied this allegation.
“It is important to note that the law allows convicts to apply for a presidential pardon under Section 175 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). This provision empowers the President to grant pardons to individuals convicted of offenses, subject to certain conditions and upon the recommendation of the Council of State.
“The NBA acknowledges that applying for a presidential pardon is a legitimate legal recourse available to any convict, as stipulated by law. However, it is crucial to clarify that such a process must follow due procedure and be devoid of any form of influence peddling or unethical practices.
“Femi Falana, SAN, is a highly respected legal practitioner known for his integrity and long-standing commitment to human rights and justice. He has in fact denied the allegation against him. The Nigerian Bar Association urges the public to refrain from making premature conclusions regarding Mr. Falana’s or indeed any person’s alleged involvement in these matters.
“The Nigerian Bar Association reiterates its commitment to upholding justice, fairness, and the rule of law. We will continue to support all efforts to ensure transparency and accountability in our prosecutorial, law enforcement, and correctional systems.
” We also call for calm and restraint while investigations are carried out, and we assure the public that we will monitor these investigations closely to ensure they are conducted in a transparent and unbiased manner.”
