By Hassan Taiye
A human rights lawyer and advocate for the rule of law, Hamza N. Dantani, Esq., has warned that selective investigations by the Economic and Financial Crimes Commission (EFCC) pose a serious threat to the rule of law, constitutional democracy and public confidence in Nigeria’s anti-corruption institutions.
Dantani said the EFCC was established to investigate and prosecute economic and financial crimes without fear or favour, stressing that the Commission could only achieve its statutory mandate by acting impartially, fairly and strictly in accordance with the law.
“As a human rights lawyer and advocate for the rule of law, I have consistently maintained that no individual, institution or government should be above the law. Equally, no person or institution should become a victim of selective investigation, political persecution or abuse of statutory powers under the guise of fighting corruption,” he said.
According to him, justice must not only be done but must also be seen to be done.
Commenting on the EFCC’s decision to place a Post No Debit (PND) restriction on the bank accounts of the Osun State Government, Dantani said the development had raised serious constitutional, legal and institutional concerns, particularly because of its timing ahead of the state’s local government and general electoral activities.
He said that regardless of the allegations under investigation, every action taken by a law enforcement agency must conform to the Constitution, relevant statutes and binding judicial precedents.
“The timing, manner and circumstances surrounding the restriction have generated widespread public concern and created the unfortunate perception that the EFCC may be acting selectively or pursuing political objectives rather than administering justice impartially,” he said.
According to him, such perceptions, whether justified or not, undermine public confidence in the Commission and weaken the credibility of Nigeria’s anti-corruption framework.
Dantani argued that Nigerian appellate courts had consistently held that neither the EFCC nor financial institutions possessed unrestricted powers to freeze or restrict the operation of bank accounts without first obtaining an order from a court of competent jurisdiction.
He cited the decision of the Court of Appeal in NPG Properties & Construction Works Ltd v. Zenith Bank Plc (2023) 15 NWLR (Pt. 1908), where the court held that a Post No Debit order placed without compliance with statutory provisions amounted to an unwarranted restriction on the account holder’s interest in the funds.
He also referred to G.T.B. Plc v. Adedamola (2019) 5 NWLR (Pt. 1664) 30, where the Court of Appeal held that before freezing a customer’s account or placing any restraint on it, a bank must first be satisfied that there is a valid court order.
According to Dantani, these decisions demonstrate that obtaining a court order is not a procedural technicality but a constitutional safeguard against arbitrary executive action and abuse of power.
He said that even where the EFCC considered it necessary to seek an interim freezing order, such an application must be made before a court of competent jurisdiction, supported by credible evidence and determined judicially.
“The courts serve as an important constitutional check on investigative agencies, ensuring that the fundamental rights of individuals, corporations and governments are protected during criminal investigations,” he said.
Dantani maintained that the rule of law demands equality before the law, noting that every government, political party, public office holder and private citizen must be subject to the same legal standards.
He, however, expressed concern over what he described as the growing public perception that the EFCC appeared more willing to investigate opposition-controlled states and political actors than individuals or governments associated with the ruling party.
“Whether that perception is accurate or not, it is dangerous because institutions derive legitimacy not merely from the powers granted to them by law but from the confidence reposed in them by the people,” he said.
He added that if similar allegations existed in states controlled by the ruling party without attracting similar investigative measures, legitimate questions would arise regarding consistency, equality and institutional neutrality.
According to him, anti-corruption enforcement must never create the impression that political affiliation determines who is investigated and who enjoys immunity.
Dantani further argued that the fight against corruption must never become an instrument for settling political scores or influencing electoral outcomes.
“Selective justice is no justice at all. An anti-corruption agency must remain independent of political interests and resist every temptation to appear as an extension of any administration or political party,” he said.
On the EFCC’s recent statement defending the restriction placed on the Osun State Government’s accounts, Dantani said the Commission failed to address the central legal issue.
“Rather than explaining whether it first obtained a valid order of a competent court authorising the restriction, the statement focused largely on the underlying allegations. That approach misses the constitutional question,” he said.
He maintained that the issue was not whether the EFCC had the statutory power to investigate alleged financial crimes but whether those powers were exercised strictly in accordance with the law.
“In a constitutional democracy, the end never justifies the means. Every governmental action must derive its legitimacy from compliance with due process,” he said.
Dantani added that no agency of government, regardless of its intentions, was permitted to disregard judicial pronouncements or statutory safeguards, stressing that the Constitution remains supreme over all public institutions.
He urged the EFCC to protect its credibility by ensuring that its actions were always lawful, impartial and free from political influence.
“The fight against corruption is too important to be weakened by perceptions of bias, inconsistency or abuse of power. Nigerians deserve an anti-corruption agency that investigates every allegation of corruption irrespective of political affiliation, ethnicity, religion or social status.
“The EFCC should demonstrate, both in words and in conduct, that there are no sacred cows. The law must apply equally to opposition parties, ruling parties, state governments, federal agencies and every public official.
“The strength of our democracy lies not in the power of institutions to punish but in their willingness to obey the law while exercising that power. Justice cannot be selective. The rule of law cannot be partisan. Equality before the law remains the bedrock of every democratic society,” he said.