The Economic and Financial Crimes Commission has come under fresh scrutiny over its decision to auction seized vehicles through a platform it intends to manage, with the Nigeria Association of Auctioneers accusing the anti-graft agency of undermining transparency, accountability and due process in the disposal of forfeited assets.
The association said allowing the EFCC to investigate financial crimes, seize assets, retain custody of them and subsequently conduct their sale amounts to a conflict of roles capable of eroding public confidence in the asset recovery process.
Speaking in an interview with The PUNCH on Tuesday, the President of the Nigeria Association of Auctioneers, Benjamin Isibor, insisted that the commission lacked the legal basis to function as both custodian and seller of assets recovered from suspected criminals.
According to him, the association had previously challenged a similar move during the tenure of former EFCC Chairman, Ibrahim Magu.
He said, “The EFCC is now trying to act as a custodian and seller of assets, which is totally unlawful. This same issue happened during former EFCC chairman Ibrahim Magu. Magu said he was going to bring in foreigners to sell these assets. But it was stopped after our outcry.
“Now, this same thing is about to happen in another way. Everyone is interested in what happens with crime agencies. The EFCC are the ones who prosecute, seize these assets, and now want to play as custodian of the assets. They have seized these items as proceeds of crime, and at the same time, you still want to be the one to set up these platforms that would sell off these assets.”
“We are completely against this process, and it should not be done when there are reputable and certified auctioneers who are on the front line to do this job for you.”
Isibor maintained that certified auctioneers were better positioned to guarantee credibility and openness in the disposal process. He added, “This is exactly our position. We would stand in the gap for our government and the general public to ensure that the process is seamless and transparent.”
Although the association said it was yet to ascertain the exact number of vehicles proposed for the exercise, it noted that the EFCC recently took possession of a fleet of vehicles linked to businesswoman Aisha Achimugu following ongoing investigations.
The vehicles, whose exact value has not been officially disclosed by the commission, are believed to be worth several billions of naira, given the luxury brands reportedly recovered during the investigation. The EFCC has yet to announce whether all or part of the recovered vehicles will be included in the proposed auction.
Questioning the commission’s latest approach, Isibor said auctioneers had previously invested heavily in building digital auction platforms after being formally engaged by the EFCC.
He said, “We don’t know the number of cars they want to auction, but we have done this process with them in the past where they engage the services of auctioneers. Actually, they have had a contractual agreement with some auctioneers in the past to build portals, and the auctioneers have spent lots of money to build portals and the system that would work.
“Which is then surprising that, having committed people to work and commit resources, the EFCC is now saying they want to do it by themselves. That is illegal.”
He further argued that the planned arrangement violated established legal principles governing the disposal of forfeited assets.
According to him, “It is against the principles of even natural justice. It is against the law, the Due Process Act, and even the POCA law that was claimed by the EFCC.
“The POCA law doesn’t say the commission should sell by themselves. The Due Process Act and other laws do not say the commission should sell by themselves. So why would they want to sell by themselves? That is our challenge and question.”
The association also questioned why existing contractual arrangements with auctioneers appeared to have been abandoned without explanation. Isibor said, “We are also saying that in a situation where you have already engaged auctioneers, you have a contractual agreement in the past. The commission made them commit hard-earned resources to build portals.
“They went around the country to make the process smooth in these hard times, and at the end of the day, you have inconclusive arrangements with previous auctioneers, and now you want to do it by yourself. There is no clarity for us as far as we are concerned.
“We saw the advert for the auction, and we are concerned as stakeholders that due process must be followed irrespective of whose ox is gored. And the agency that should protect the law shouldn’t be the one to go against it. That is our stand.”
Also speaking, a former National President of the association, Alhaji Musa Kurra, said concerns had already been raised within the industry over the proposed exercise.
He said, “Yes, I have heard issues and complaints about the latest auction announced by the EFCC. In everything, you would always find people who are trying to circumvent these things for themselves.”
The EFCC has over the years disposed of forfeited assets, including houses, vessels and vehicles, through public auctions conducted by appointed auctioneers after obtaining final forfeiture orders from the courts. Such auctions are intended to prevent recovered assets from deteriorating while ensuring proceeds are remitted to the Federal Government.
The latest disagreement, however, centres on whether the anti-graft agency should directly manage the auction process or continue to rely on independent, licensed auctioneers in line with procurement practices and asset disposal procedures.
As of the time of filing this report, the EFCC had yet to respond to the concerns raised by the auctioneers’ association regarding the planned sale of the vehicles.
The commission spokesperson, Dele Oyewale, didn’t respond to calls, text, and WhatsApp messages as of 7:26 pm when this report was filed.
(Punch)
