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Economic and Financial Crimes Commission (Enforcement) Regulations 2010: An Evaluation
(Department of Jurisprudence and International Law, Faculty of Law, University of Lagos, Nigeria, 2015) BELLO, AKEEM
The article inquires into whether the provisions of the Economic and Financial Crimes Commission (Enforcement) Regulations 2010 are within the scope of the rulemaking powers vested in the Attorney General of the Federation under section 43 of the Economic and Financial Crimes Commission (Establishment) Act 2004. The appraisal was undertaken against the perception that the Regulations might have been introduced to erode the prosecutorial autonomy of the Economic and Financial Crimes Commission. The article found that the Regulations were introduced against the background of sentences imposed by courts in cases involving former political office holders pursuant to plea bargain agreements. The article also found that all the provisions of the Regulations are within the scope of the rulemaking powers under section 43, with the exception of Regulations 16, 18(1) and 21. The article further found that Regulations 22 governing the practice of plea bargaining is covered by section 43. The article submitted that an effective use of Regulations 22 offers tremendous opportunity to the Attorney General of the Federation to decline approving plea bargain agreements considered to be against public interest.