IT is of course not the business of this writer or any other person for that matter to prove or disprove the allegation that Shehu Sani, who represented Kaduna North senatorial district in the 8th Senate, engaged in name-dropping and obtaining N5m and $10,000 from a motor dealer, Sani Dauda, by false pretences. The Economic and Financial Crimes Commission (EFCC) has the responsibility of investigating such potential crimes and prosecuting suspects involved in illicit financial flows. Spurred by the petition from Alhaji Dauda, Chairman/Chief Executive Officer of ASD Motors, the EFCC has pounced on Sen Sani and obtained court order to detain him for 14 days to allow “unfettered investigations”.
But therein lies the problem. Could the EFCC not do discrete or even open investigations without incarcerating the suspect for 14 days? Could they not invite the suspect, or arrest him if he dishonours their invitation, for interrogation? How does a suspect hinder an investigation involving the kind of petition submitted by Alhaji Dauda? And the courts, Lord have mercy. Must they accede to such an overbearing request to detain a suspect for two weeks, simply because they have the legal backing to do so? Could EFCC not promptly establish a prima facie case against the senator, charge him in court if necessary, release him on bail, and then embark on diligent prosecution? There is absolutely nothing complicated about this case to warrant detention for a so-called unfettered investigation. Absolutely nothing. Both the courts and EFCC needlessly exceeded their boundaries.
Without prejudice to the truthfulness or falsity of the petition, both the EFCC and the courts could have done far better than they have done in their approach to the case. Given the peculiar politics of Kaduna State and the tyranny imposed on the state by its boastful masters, the courts and the EFCC ought to be more circumspect in approaching the case so that they do not appear to be, using their own words in the Ayo Fayose case, persecuting the suspect.