This may be a time to address the alleged rot in the prison service and prosecuting agency, as the Nigerian Bar Association, NBA, is calling for an urgent investigation into allegations raised by Idris Olanrewaju Okuneye, alias Bobrisky concerning the incident before and after his sentencing.
A statement signed by the Association’s President, Afam Osigwe, SAN also called for caution regarding the allegation against a Senior Advocate of Nigeria, Femi Falana and his son, popularly known as Folarin Falana, known as FALZ.
The duo were alleged to be facilitating State pardon for Bobrisky.
While the NBA disclosed that while it is legal for convicts to seek pardon, it must follow due process.
Bobrisky had alleged in an audio which he has since denied as fake that he paid N15,000,000.00 to certain unnamed officials of the EFCC to drop a money laundering charge against him as well as paying corrupt officials of the Correctional centre to get a special apartment while serving his prison terms.
The Minister of Interior Affairs, Olubunmi Ojo has since ordered a probe.
The Chairman of the Economic and Financial Crimes Commission has also directed a probe into allegations concerning his operatives.
In all these, the NBA is seeking a thorough probe.
Below is the statement
NBA CALLS FOR URGENT INVESTIGATION INTO THE ALLEGATIONS SURROUNDING BOBRISKY’S PROSECUTION AND DETENTION AFTER SENTENCING
The Nigerian Bar Association, NBA, commends the timely decision of the Economic and Financial Crimes Commission, EFCC, to launch an investigation into allegations that some of its officers received ₦15 million from Idris Okuneye, popularly known as Bobrisky, to dismiss money laundering charges against him. The allegation of bribery to reduce or drop charges is very disturbing. An urgent and thorough investigation is needed to determine whether bribes were paid or are sometimes paid to influence the nature of charges brought against defendants in criminal cases. This investigation will also test the transparency of the investigative process and the procedures for charging defendants in court.
The investigation by the Economic and Financial Crimes Commission, EFCC, should determine whether or not there was any financial inducement by Bobrisky or anyone on his behalf in exchange for the dropping of money laundering charges against him. Any person found complicit must face the full weight of the law.
The NBA acknowledges that all individuals and institutions accused are entitled to the presumption of innocence until proven guilty. 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.
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.
Best regards,
Mazi Afam Osigwe, SAN
President, Nigerian Bar Association
