Chasing Suspects: How enforcement agencies can avoid rights violation

The role of law enforcement agencies in maintaining public safety is undeniable, especially when it comes to swift and decisive action against suspected criminals. However, a troubling trend is emerging in Nigeria, where these agencies, like the Economic and Financial Crimes Commission (EFCC) and the Department of State Service (DSS) increasingly resort to aggressive tactics, such as forcefully entering private homes and businesses to apprehend suspects without judicial oversight. These controversial methods are raising concerns about the violation of citizens’ constitutional rights and the need for reform within Nigeria’s enforcement agencies, GBENGA SALAU reports.

In October 2016, operatives of the Department of State Service (DSS), openly and embarrassingly, at midnight, invaded the homes of judges in Abuja, Port Harcourt and Gombe without any prior invitation or notification.

It took more than five days for the National Judicial Council (NJC) to react fully to these unprecedented attacks against its integrity and independence.
Notwithstanding, views became polarised among legal experts and other commentators, with the balance of argument appearing to favour the DSS.

One of the arguments raised then was that the DSS raid, which obviously got the blessing of the presidency, and seemed largely contrived and riddled with ulterior motives, could, in fact, be the harbinger of sweeping autocracy in Nigeria, considering that the agency itself and its boss had spoken and acted often gleefully dictatorially.

The modus operandi of law enforcement agencies, especially officers of the Nigeria Police Force and EFCC have continued in the same manner — particularly on issues of arrests, search warrants, and the parade of suspects.

Reports have shown that the incidence has continued unabated. Officials of the EFCC, in 2019, raided a nightclub and arrested 94 suspected fraudsters.

In 2021, a man who jumped from the seventh floor of 1004 Estate in Victoria Island died when EFCC officials invaded the place.

On August 23, 2023, the EFCC had faced criticism over the invasion of the residence of Dorathy Bachor, an ex-BBNaija housemate.

The reality TV star said operatives of the EFCC broke into her house around 4:45am. She claimed that the operatives broke down the door to her house, almost causing her mum a panic attack.

Bachor added that when she demanded an explanation for the forced entry, she was told that they were chasing a suspect who ran into her estate.

The incident elicited public outcry from many Nigerians who criticised the anti-graft agency. Amid the criticism, the EFCC said its operatives had knocked on the door of Bachor’s apartment to execute a search warrant in order to arrest suspects of a crime.

The then EFCC spokesperson, Wilson Uwujaren, said the operatives were denied access into the apartment, prompting them to “force their way” in.

Recently, EFCC confirmed the death of one of its officers during a raid in Anambra State, promising to bring the perpetrator to book. The death of the officer gained traction on social media after the news broke about the incident.

Days after that, the EFCC confirmed the raid in Anambra and the death of one of its officers during the incident.

“The Economic and Financial Crimes Commission, EFCC, expresses grief on the loss of one of its officers, Assistant Superintendent of the EFCC, ASE II Aminu Sahabi Salisu who was killed in cold blood while on a legitimate duty on January 17, 2025, by a suspected internet fraudster, Joshua Chukwubueze Ikechukwu,” the EFCC said in a statement by its Head of Media and Publicity Dele Oyewale.

Following the officer’s demise, many Nigerians took to social media, condemning the agency for what some of them said was an illegal raid carried out at night.

But the commission faulted the claims, saying it viewed with “great concern the irresponsible, callous, inhuman and outrageous narratives being circulated on social media on the whys and wherefores of the fatal accident.

“It is heinous to reduce the death of a gallant officer who was carrying out patriotic and official duties to social media razzmatazz.

“More worrisome is the fact that some faceless commentators are pitching their tents with an alleged criminal who unleashed terror on officers of the EFCC in their line of duty. There is no justification whatsoever to rationalise a murderous act. The milk of human kindness demands that a grieving family, Commission and nation should be spared the shenanigans of false narratives and conjectures on the death of the slain officer.”

It warned that “every subsequent attack on any of its officers will be met with the force of the law. The Commission will not fold its arms and allow any of its officers to be killed again in cold blood. As a law enforcement agency of repute, the EFCC is unrelenting in riding the nation of internet fraud and other acts of corruption”.

Aside from the position by Nigerians that the EFCC had banned its officers from conducting sting operations at night, the EFCC Chairman, Ola Olukoyede, on November 1, 2023, directed that sting operations at night time be stopped in all the Commands of the EFCC.

“To this effect, all operation at nights are tagged as illegal and not directives from the commands of EFCC but these agents of EFCC have breached the directives of their chairman and also trampled on the Right to life which our students possess as Nigerians,” he said.

Some others argued that Section 37 of the 1999 Constitution of Nigeria guarantees the right to privacy.

That section of the constitution states: “The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”

The provision, which ensures that citizens have the right to personal privacy and protection from unlawful interference, particularly, regarding their private spaces and communication, forms part of the broader fundamental rights framework in Chapter IV of the Constitution, which is aimed at safeguarding individual freedoms and rights in Nigeria.

Some Nigerians, therefore, argued that law enforcement agents breaking into apartments, hotels, buildings including university hostels at night with or without ID could be synonymously described as armed robbery.

The Executive Director Civil Society Legislative Advocacy Centre (CISLAC), Auwal Musa Rafsanjani, maintained that breaking into private premises without legal authorisation, such as a valid search or arrest warrant, is not only unlawful but also a violation of fundamental human rights.

He added that the EFCC Act, alongside the Nigerian Constitution and international treaties like the African Charter on Human and Peoples’ Rights (ACHPR) clearly upholds the principles of legality and due process.

Rafsanjani, therefore, insisted that EFCC and other enforcement agencies must align their operations with these laws to maintain legitimacy and public trust.

“A suspect is presumed innocent until proven guilty and forceful entry, especially at odd hours, undermines this principle and could lead to unnecessary trauma for suspects, their families, and their communities.”

Similarly, Anti-Corruption Compliance specialist cum lawyer, Dr Efe Anaughe, noted that in an ideal scenario, law enforcement agencies should strive to conduct operations in a manner that minimises disruption to citizens’ lives and upholds the principles of due process.

“This includes obtaining necessary warrants, respecting reasonable hours for searches, and ensuring the safety and well-being of all individuals involved.”

She insisted that it is essential for law enforcement agencies, including the EFCC, to adhere to established protocols and guidelines that prioritise transparency, accountability, and the protection of human rights.

“By doing so, they can maintain public trust and confidence in their efforts to combat economic and financial crimes,” Anaughe stated.

Similarly, an activist, Declan Ihekaire, said using guerilla mode of operation is very archaic considering available technology that could be used to track suspects.

Ihekaire noted that despite DSS breaking into the homes of judges and EFCC that of former Imo State governor, what came out of the operation, thereafter, is extremely nothing.

“So, I wonder why they still engage in such crude method of operation. I think EFCC should upgrade itself and desist from carrying out operations at odd hours,” Ihekaire.

Although for years now, EFCC and enforcement agencies have been breaking into homes unofficially without consequences, the recent incident in Anambra, where while on sting operation at midnight one of EFCC staff was shot dead, does this not call for rethinking of EFCC’s engagement including other enforcement agencies in using guerrilla-style operations?

Enforcement agencies have been urged to learn from the methods and approach that led to the arrest of Ramon Olorunwa Abbas, better known as Hushpuppi, and his gang by the Dubai Police, which took about four months.

Throughout the investigation, the Dubai Police closely monitored Hushpuppi’s social media accounts, fraudulent activities, and the gang’s movements, including their online activities.

By the time of his arrest, the police had precise knowledge of how many people Hushpuppi had scammed and the amount of money in his account. They were also fully aware of the location and timing of Hushpuppi and his team’s whereabouts. Importantly, the police did not need to jump fences or break into anyone’s home to make the arrest.

Rafsanjani stated that the Anambra incident highlights the need for urgent reforms in the EFCC’s engagement strategies. He added that guerrilla-style operations create an image of impunity and recklessness, undermining the commission’s credibility and trust among citizens.

“Best practices, as demonstrated by international agencies like the International Criminal Police Organisation (INTERPOL) and the Financial Intelligence Units (FIUs), emphasise intelligence-driven, well-coordinated, and minimally invasive operations. A rethinking of EFCC’s approach should prioritise professionalism, respect for human rights, and adherence to procedural safeguards.”

Also commenting, Anaughe observed that the incident highlights the risks and challenges faced by law enforcement agencies in Nigeria.

“While the EFCC’s efforts to combat economic and financial crimes are commendable, the use of guerrilla-style operations may need to be reevaluated to ensure the safety of both operatives and civilians.

“Perhaps, it’s time for the EFCC to consider alternative strategies that prioritise de-escalation techniques, intelligence gathering, and community engagement. This could help reduce the risk of violent confrontations and foster greater cooperation between law enforcement and the public.”

Ihekaire asked enforcement agencies to discard crude forms of arresting suspect.

“But I don’t think they will listen, I don’t think history have taught them any lesson to open their eyes to understanding that forceful entry and guerilla way of operation is not ideal. They should go beyond this crude way of operation that is capable of endangering the lives of its operatives and the ordinary citizens,” Ihekaire stated.

Speaking to the legal and ethical considerations that guide the EFCC in determining the appropriate methods for arresting suspects, Rafsanjani stated that legal and ethical considerations for EFCC arrests include compliance with Section 36 of the Nigerian Constitution, which guarantees fair hearing, and adherence to international conventions such as the United Nations Convention against Corruption (UNCAC).

“These frameworks require that arrests respect the dignity of the suspect, involve lawful warrants, and avoid excessive force unless absolutely necessary. The EFCC must ensure that its methods do not breach the principles of proportionality, necessity, and accountability, which are core to human rights protections.”

On her part, Anaughe stated that the Economic and Financial Crimes Commission (EFCC) like many other enforcement agencies in Nigeria is guided by various legal and ethical considerations when determining the appropriate methods for arresting suspects.

She noted that the constitution of the Federal Republic of Nigeria 1999: “The EFCC must respect the fundamental rights of suspects, including the right to dignity, liberty, and fair hearing.

“EFCC Act 2004: The Act empowers the EFCC to investigate and prosecute economic and financial crimes, while also outlining procedures for arrest and detention. Administration of Criminal Justice Act 2015: This Act provides guidelines for arrest, detention, and prosecution of suspects.”

The Administration of Criminal Justice Act (ACJA) 2015 explains how a search warrant should be executed by officers of law enforcement agencies.

Section 146 of the ACJA 2015 states that a search warrant shall be assented to by a judge, magistrate, or justice of peace and shall remain in force until it is executed or cancelled by the court which issued it.

On the timing of the execution of a search warrant, section 148 of the ACJA 2015 states that a search warrant may be executed “anytime” of the day.

The section states “a search warrant may be issued and executed at any time on any day, including a Sunday or public holiday”.

Section 149 (1) of the ACJA provides that a person residing in a building shall allow a law enforcement agent to get free and unhindered access to carry out a search.

Section 149 (2) allows the reasonable use of force when access cannot be obtained by the officers executing the search warrant.

It reads: “Where any building or other thing or place liable to search is closed, a person residing in or being in charge of the building, thing or place shall, on demand of the police officer or other person executing the search warrant allow him free and unhindered access to it and afford all reasonable facilities for its search. Where access into the building, thing or place cannot be obtained, the police officer or other person executing the search warrant may proceed in the manner prescribed by section 9, 10, 12, and 13 of this Act.”

On ethical considerations, Anaughe said the EFCC must use force only when necessary and proportionate to the threat posed by the suspect.

“Respect for Human Rights: EFCC operatives must respect the human rights of suspects, including the right to life, liberty, and security of person.

“The EFCC must be accountable for their actions, including the use of force and detention of suspects. The EFCC must not use excessive force that could result in the loss of life. The EFCC must ensure that suspects are not arbitrarily detained and are brought before a court within a reasonable time.”

She also said that suspects has right to fair hearing so the EFCC must ensure that suspects receive a fair trial, including the right to legal representation and an impartial tribunal.

She further said the United Nations Convention Against Corruption, which Nigeria is a signatory to emphasises the importance of respecting human rights in the fight against corruption.

African Charter on Human and Peoples’ Rights, which has been ratified by Nigeria, she also stated outlines the fundamental rights of individuals, including the right to life, liberty, and security of person.

In aligning with human rights protections, Anaughe stated that the EFCC should develop and implement guidelines for arrest and detention that respect human rights, provide training for operatives on human rights and the use of force, ensure accountability and transparency in their operations as well as collaborate with other law enforcement agencies and human rights organisations to promote best practices.

By adhering to these legal and ethical considerations, Anaughe maintained that the EFCC could ensure that their methods for arresting suspects align with human rights protections and promote a safe and just society.

Some unscrupulous elements are cashing in one of EFCC’s mode of operation to extort and exploit Nigerians. For instance, in 2023, some group of men masquerading as officials of the Economic and Financial Crimes Commission (EFCC) launched coordinated robbery on unsuspecting victims in Asaba, Delta State, dispossessing them of the valuables.

On how the use of ‘guerrilla tactics’ by EFCC operatives impact public perception of the commission’s role and trust in its operations, Rafsanjani argued that the use of guerrilla tactics erodes public trust and undermines the EFCC’s role as a custodian of justice.

“Such methods reinforce negative stereotypes of the commission as being heavy-handed and unprofessional. Public perception is critical to the success of anti-corruption agencies, as citizens are more likely to cooperate with institutions they perceive as transparent and fair. To restore confidence, EFCC must prioritise lawful, discreet, and intelligence-led operations.

“The EFCC is mandated to follow specific protocols under the EFCC Act, Criminal Procedure Laws, and internal operational guidelines. These include obtaining valid warrants, conducting preliminary investigations, and adhering to established arrest protocols. However, incidents of violations suggest gaps in training and enforcement of these procedures. The commission must strengthen oversight mechanisms, enforce disciplinary measures for rogue operatives, and conduct regular training to ensure compliance with legal standards,” Rafsanjani.

For Anaughe, using ‘guerrilla tactics’ by EFCC operatives, such as forcefully entering a suspect’s home can negatively impact the public perception of the commission’s role and trust in its operations.

“The use of aggressive tactics can create a perception that the EFCC is heavy-handed, abusive, and disregards human rights. This can lead to a decline in public trust and confidence in the commission.

“Forceful entries into homes can create a climate of fear, making citizens feel vulnerable and intimidated. This can undermine the EFCC’s role as a law enforcement agency and create a perception that they are more interested in intimidating suspects than upholding the law.

“If the EFCC is perceived as targeting specific individuals or groups, it can create a perception of bias and undermine the commission’s credibility. The use of guerrilla tactics can undermine the EFCC’s legitimacy and authority. If the public perceives the commission as acting outside the law, it can create a crisis of confidence.

“The EFCC relies on public cooperation and collaboration to effectively investigate and prosecute economic and financial crimes. However, if the public perceives the commission as aggressive or abusive, they may be less likely to cooperate or provide information.”

She observed that the use of guerrilla tactics can damage Nigeria’s international reputation and undermine efforts to attract foreign investment and cooperation.

Anaughe, therefore, implored the EFCC and other enforcement agencies to review its tactics and procedures to ensure they align with international best practices and respect human rights.

“EFCC operatives should receive training on human rights, the use of force, and investigative techniques to ensure they can effectively investigate and prosecute crimes without resorting to aggressive tactics.

“The EFCC should engage with local communities and civil society organisations to build trust and promote cooperation. This can help to address concerns and perceptions about the commission’s tactics and operations,” Anaughe.

On balancing the need for effective enforcement against economic crimes with the constitutional rights of citizens, particularly concerning unlawful entry and potential abuse of power, Rafsanjani observed that the EFCC and other enforcement agencies can achieve this balance by adopting global best practices.

“Intelligence-led operations: Similar to the Financial Action Task Force (FATF) guidelines, investigations should be data-driven and avoid invasive methods.”

“Accountability mechanisms: Operatives should be held accountable for misconduct, with independent oversight to investigate allegations of rights violations.

“Transparency: Publicising standard operating procedures for arrests can foster transparency and deter abuses.

“Community engagement: Collaborating with civil society organizations to create awareness of citizens’ rights can build public trust.

“Judicial oversight: Empowering the judiciary to review EFCC operations ensures adherence to constitutional safeguards.

“By aligning its operations with legal, ethical, and global best practices, the EFCC can effectively combat corruption without compromising the rights and dignity of Nigerians,” Rafsanjani said.

On his part, Ihekaire implored enforcement agencies to deploy processes to arrest suspects without infringing on their rights.

“Don’t forget, a suspect remains a suspect until proven otherwise by the court of law. So, if you are arresting someone, that person or suspect still remains innocent until proven otherwise by a competent court. Therefore, deploying some excessive in terms of using force to get somebody or suspect for a particular crime should not be allowed.

“There are lawful procedures and there are better ways of arresting suspects without deploying force and gorilla operation. The suspect can be monitored and tracked. There are so many civilized way of doing it. EFCC should learn from the civilized world on how to go about their operation rather than causing embarrassment to themselves and the public,” Ihekaire stated.

Anaughe stated that to balance the need for effective enforcement against economic crimes with the constitutional rights of citizens, the Economic and Financial Crimes Commission (EFCC) develop and disseminate clear guidelines on arrest procedures, search and seizure, and interrogation techniques to ensure that operatives understand their responsibilities and limitations.

She also suggested providing regular training for EFCC operatives on human rights, constitutional law, and investigative techniques to ensure they are equipped to carry out their duties effectively and lawfully.

According to her, establishing internal oversight mechanisms, such as an Internal Affairs Unit, to investigate allegations of misconduct, abuse of power, and human rights violations would help.

She also advised fostering partnerships with human rights organizations to provide training, guidance, and oversight on human rights issues. Anaughe suggested that enforcement agencies should engage the National Human Rights Commission to ensure that their operations aligned with human rights standards and address allegations of human rights violations.

“They should ensure that EFCC operatives comply with court orders, warrants, and other judicial directives to prevent unlawful entry and potential abuse of power.

“They should conduct public education and awareness campaigns to inform citizens of their rights and responsibilities, as well as the EFCC’s role and responsibilities.

“They should establish community outreach programmes to engage with local communities, build trust, and address concerns about EFCC operations as well as establish a complaints mechanism to allow citizens to report allegations of misconduct, abuse of power, or human rights violations.”

Anaughe also said enforcement agencies can deploy technology by utilizing body cameras and recording devices to document its operations, including arrests and searches, to ensure transparency and accountability.

“They should implement a digital evidence management system to ensure that evidence is handled, stored, and presented in a secure and transparent manner.”

Anaughe maintained that by implementing these measures, the EFCC can balance the need for effective enforcement against economic crimes with the constitutional rights of citizens, particularly concerning unlawful entry and potential abuse of power.