by Investigation Before Prosecution: Echoing the AGF’s Advocacy for Adopting the FBI Model
The media space has been abuzz with discussions surrounding the activities of law enforcement agencies, including anti-corruption bodies. Among these activities are the arrest and prosecution of suspects in corruption-related cases. The process of investigation and prosecution has long been a significant area of concern. While anti-corruption agencies such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) have carried out impactful investigations and prosecutions, they have also faced accusations of bias—often tied to the manner in which investigations are conducted—or of being politically influenced and used for witch-hunts. Such perceptions undermine public confidence in these corruption-sensitive agencies, highlighting the urgent need for reforms.
Recently, the Honourable Attorney General of the Federation (AGF) and Minister of Justice, Prince (Dr.) Lateef Fagbemi, SAN, advocated for the adoption of the Federal Bureau of Investigation (FBI) model for corruption investigations. Speaking at the Food and Energy Security in Africa Conference in Lagos on the theme, The Rule of Law and Attracting International Investment Towards Food and Energy Security in Africa, the AGF expressed admiration for the FBI’s investigative approach. He recommended that the EFCC and ICPC should prioritize completing investigations before making arrests.
The learned Silk strongly advocated for the adoption of an “FBI Model Institution” and cautioned against the practice of prematurely celebrating arrests without thorough investigations. While this position does not imply that ongoing investigations and prosecutions are entirely flawed, it emphasizes the need for a more robust and systematic approach to tackling corruption.
In the United States, the FBI’s undercover operations stand out as an effective investigative model. Guidelines issued by the U.S. Attorney General’s Office govern these operations, underscoring their importance. As noted in the Undercover Guidelines:
“The use of undercover techniques, including proprietary business entities, is essential to the detection, prevention, and prosecution of white-collar crime, public corruption, terrorism, organized crime, offenses involving controlled substances, and other priority areas of investigation.”
One of the hallmark features of high-profile corruption cases is the collusion among parties, which often makes it difficult to secure witnesses. This challenge makes undercover operations—where law enforcement agents infiltrate criminal networks under disguise—particularly suitable for uncovering deeply entrenched corruption.
The FBI has successfully used this model to expose significant corruption scandals. Examples include:
i. Operation Abscam (1970s): Led to the conviction of several congressmen and public officials for corruption.
ii. Operation Greylord (1980s): Resulted in the conviction of numerous judges and court officials in Chicago for corruption.
iii. Operation Bid Rig (2000s): Led to the conviction of several public officials in New Jersey.
Although the undercover model is not entirely new to Nigeria’s security framework, the AGF’s advocacy calls for its strict and religious adoption by anti-corruption agencies for tackling corruption-related cases.
The AGF has the powers and authority to issue guidelines for investigating and prosecuting corruption cases. While adopting the FBI model is not devoid of challenges and controversies, its implementation has the potential to address gaps that contribute to the negative perceptions of anti-corruption agencies. Stakeholders, agencies, and key players in Nigeria’s anti-corruption ecosystem should seriously consider this advocacy as a step toward fostering transparency, accountability, and credibility in the fight against corruption.
By: Confidence Mbang
(Abuja-based Lawyer)
mbangconfidence714@gmail.com
Disclaimer: The opinion expressed in this article is strictly that of the author, Confidence MBANG, and does not represent TheLumineNews, its agent or the organization the author works for.
