Respecting Privacy Rights: EFCC and the Federal College of Forestry Incident In Nigeria -By John Egbeazien Oshodi

Safeguarding Privacy Rights: Lessons for EFCC and Nigerian Law Enforcement And Security Agencies – How Obtaining a Court Order, Low-Key Visit to the Registrar, and Entry to School with Minimal Officers in Plain Clothing, Vehicle with No EFCC Markings Could Have Prevented the Federal College of Forestry Incident – with a Backup Team Strategically Positioned Nearby if Necessary

In a Daily Post article dated October 25, 2023, titled ‘College shut down after the Economic and Financial Crimes Commission (EFCC) operatives clashed with staff, students,’ the alarming account of a recent incident at the Federal College of Forestry in Ibadan sheds light on the critical importance of upholding legal and ethical standards, especially in a democratic prone society like Nigeria.

The Economic and Financial Crimes Commission (EFCC) is a law enforcement agency in Nigeria that was established in 2003 to investigate and prosecute financial crimes such as advance fee fraud (419 scams), money laundering, and corruption. The EFCC operates under the EFCC Act, which gives it the authority to investigate economic and financial crimes in Nigeria.

The tension escalated when seven operatives from the Ibadan Zonal Command of EFCC stormed the college on a routine verification exercise of a surety named Azeez Kazeem Oluwakemi. Oluwakemi had stood as a surety for Alakinde Khalid Kolawole, a suspected internet fraudster held in the custody of EFCC. The operatives were there to authenticate Oluwakemi’s address and identity. However, the situation turned hostile, and the EFCC operatives were allegedly attacked and held hostage by the college’s staff and students.

Dele Oyewale, EFCC Head of Media and Publicity, confirmed the incident, stating that the college community had been informed about the mission of the EFCC team. According to Oyewale, the students and staff initiated a frenzied attack against the operatives, who were on an authorized assignment. The EFCC spokesperson’s statement highlighted the confrontation between the college community and the EFCC officers.

Oyewale and the new EFCC chairman Ola Olukoyede should understand that obtaining a court order is fundamental to their investigative processes, especially within educational institutions. In light of this incident, it is crucial for them to recognize a fundamental principle: a more careful, respectful, and legally sound approach, such as obtaining a court order, is necessary to prevent disruptions in educational activities and to ensure the safety of both the college community and EFCC operatives. Such a measured approach not only upholds the rule of law but also promotes a safer and more secure environment for everyone involved.

In a plot straight out of a Hollywood blockbuster, the EFCC’s escapade at the Federal College of Forestry resembled a scene from an over-the-top action movie. Picture this: uniformed officers, guns, and sleek official vehicles storming the college grounds, creating a spectacle that could rival any high-octane film sequence. But in a surprising twist, amidst the chaos, EFCC’s spokesperson, Oyewale, nonchalantly confirmed the incident, casually mentioning that the college community had been generously “informed” about the EFCC’s supposed “mission.”

In this delicate environment, a college setting, where the mission was merely to confirm identity, the word ‘mission’ took on an entirely different tone. Perhaps it’s time for a script rewrite in the law enforcement playbook. A touch of subtlety, a sprinkle of respect for privacy rights, and a dollop of adherence to legal protocols could inject a much-needed dose of reality into this Hollywood-inspired tale. After all, in the real world, successful investigations are conducted discreetly, without the need for an extravagant action movie spectacle.

This theatrical display, akin to a silver screen extravaganza, only served to highlight the absurdity of the situation. The need for a court order, a subtle visit by a handful of officers in plain clothes, and a respectful, low-key approach seemed lost amidst the drama. Instead of a quiet, intelligence-driven operation, the scenario played out like an exaggerated action scene, complete with heroes in uniform and roaring engines.

A low-key operation was essential here, conducted discreetly without drawing unnecessary attention. A few plainclothes officers, armed with a court order, could have quietly approached the college registrar. This subtle approach, in contrast to the initial show of power with a large group of operatives on a bus, would have allowed the investigation to proceed without provoking a hostile response. Such a strategy could have prevented the clash, ensuring the safety and well-being of all parties involved.

The incident at the Federal College of Forestry in Ibadan and the subsequent temporary closure of the institution underscore the crucial need for proper procedures during law enforcement operations within educational institutions. This incident illuminates the delicate balance that must be maintained between law enforcement responsibilities and individual rights, especially in sensitive environments such as schools. Furthermore, it exposes the dangers inherent in a legal and law enforcement system operating outside the boundaries of established democratic principles. This misuse of legal procedures, often referred to as “kangaroo ways,” highlights the improper, arbitrary, or biased application of laws and legal procedures, deviating significantly from the principles of fairness, due process, and justice.

This incident at the Federal College of Forestry involving EFCC operatives underscores the dire consequences of misusing legal and law enforcement mechanisms, tragically demonstrated when a student was reportedly shot. This heartbreaking event emphasizes the urgent need for comprehensive reforms, enhanced training, and a renewed commitment to fairness and justice within legal and law enforcement systems. Addressing these challenges is imperative to safeguard the lives and dignity of all citizens and uphold the fundamental principles upon which a just and equitable society is built.

As a psychologist, I stress that delicate situations demand a nuanced understanding of human behavior and effective communication. Transparency, open dialogue, and a non-confrontational demeanor significantly influence interactions, especially in sensitive environments like educational institutions.

The EFCC’s claim of exercising restraint, while commendable, is marred by the absence of a statement indicating they had a court order. This incident highlights the necessity for law enforcement agencies to prioritize preventive measures. A low-key visit, plain uniform, few personnel, and armed with a court order could have reduced the chances of officers being attacked and resorting to shooting erratically into the air – another defensive move that escalated the situation unnecessarily.

Fostering positive relationships between law enforcement agencies and educational institutions, built on trust, respect, and understanding, is fundamental. Collaboration and open communication can pave the way for peaceful resolutions, preventing such incidents in the future.

Addressing these issues demands a multifaceted approach: legal adherence, respectful engagement, and proactive communication. By embracing these principles, law enforcement agencies can fulfill their responsibilities while ensuring the safety and well-being of all parties involved.

The conflicting accounts about whether a student was shot underline the importance of accurate and transparent reporting. Regardless of specifics, the fundamental ethical principle remains unchanged: law enforcement operations must be conducted discreetly and respectfully.

In situations involving agencies like the EFCC, the emphasis should always be on correct procedures and minimal disruption. A low-key approach not only safeguards privacy but also ensures the safety of everyone involved. Ethical conduct in law enforcement is more than legal compliance; it includes respecting individuals’ dignity, maintaining open communication, and fostering trust between agencies and the public.

Emphasizing the necessity of obtaining a court order is paramount, especially in sensitive environments like educational institutions. Regardless of the type of investigation, a court order is the cornerstone of lawful and respectful law enforcement, especially in schools.

In educational settings, where privacy and safety are paramount, law enforcement, including the EFCC, must adhere to proper legal procedures. Initiating any action should always begin with a court order, ensuring privacy rights are respected and investigations are within the law.

A court order not only provides legal authorization but also demonstrates commitment to due process, fairness, and justice. Following this protocol maintains the integrity of investigations while upholding individuals’ rights. In schools, a discreet, lawful approach ensures a respectful atmosphere, preserving the dignity and privacy of everyone involved. The absence of a mention of a court order in the EFCC spokesperson’s statement is deeply concerning. In law enforcement, a court order is not just a formality; it’s a legal requirement. Without it, actions may be considered unauthorized, infringing on individuals’ privacy rights.

Law enforcement agencies, including the EFCC, must transparently communicate the legal basis of their operations. A court order not only authorizes actions but ensures investigations occur within the law. Without this document, questions about legitimacy arise, eroding public trust and raising ethical concerns.

The recent incident at the Federal College of Forestry involving EFCC operatives has highlighted the dire consequences of misusing legal and law enforcement mechanisms, as tragically demonstrated when a student was reportedly shot. This heartbreaking event underscores the urgent need for comprehensive reforms, enhanced training, and a renewed commitment to fairness and justice within legal and law enforcement systems. Addressing these challenges is imperative to safeguard the lives and dignity of all citizens and uphold the fundamental principles upon which a just and equitable society is built.

The EFCC’s claim of exercising restraint, while commendable, is marred by the absence of a statement indicating they had a court order. This incident highlights the necessity for law enforcement agencies to prioritize preventive measures. A low-key visit, plain uniform, few personnel, and armed with a court order could have reduced the chances of officers being attacked and resorting to shooting erratically into the air – another defensive move that escalated the situation unnecessarily.

Addressing these issues demands a multifaceted approach: legal adherence, respectful engagement, and proactive communication. By embracing these principles, law enforcement agencies can fulfill their responsibilities while ensuring the safety and well-being of all parties involved.

The conflicting accounts about whether a student was shot underline the importance of accurate and transparent reporting. Regardless of specifics, the fundamental ethical principle remains unchanged: law enforcement operations must be conducted discreetly and respectfully.

In situations involving agencies like the EFCC, the emphasis should always be on correct procedures and minimal disruption. A low-key approach not only safeguards privacy but also ensures the safety of everyone involved. Ethical conduct in law enforcement is more than legal compliance; it includes respecting individuals’ dignity, maintaining open communication, and fostering trust between agencies and the public.

Emphasizing the necessity of obtaining a court order is paramount, especially in sensitive environments like educational institutions. Regardless of the type of investigation, a court order is the cornerstone of lawful and respectful law enforcement, especially in schools.

In educational settings, where privacy and safety are paramount, law enforcement, including the EFCC, must adhere to proper legal procedures. Initiating any action should always begin with a court order, ensuring privacy rights are respected and investigations are within the law.

A court order not only provides legal authorization but also demonstrates commitment to due process, fairness, and justice. Following this protocol maintains the integrity of investigations while upholding individuals’ rights. In schools, a discreet, lawful approach ensures a respectful atmosphere, preserving the dignity and privacy of everyone involved.

The absence of a mention of a court order in the EFCC spokesperson’s statement is deeply concerning. In law enforcement, a court order is not just a formality; it’s a legal requirement. Without it, actions may be considered unauthorized, infringing on individuals’ privacy rights.

Law enforcement agencies, including the EFCC, must transparently communicate the legal basis of their operations. A court order not only authorizes actions but ensures investigations occur within the law. Without this document, questions about legitimacy arise, eroding public trust and raising ethical concerns.

Addressing these challenges requires comprehensive legal reforms, enhanced training for law enforcement and security agencies, and a renewed commitment to the principles of fairness and justice. It’s crucial to uphold the rule of law to protect the lives and dignity of all citizens. Respecting the legal privacy rights of students and staff is fundamental, and law enforcement and security agencies, including the EFCC, must follow proper legal procedures, such as obtaining a court order, when seeking private identity information about individuals.

Using appropriate legal channels not only upholds individuals’ privacy rights but also ensures a safe and lawful process for all parties involved. Engaging with educational institutions and other organizations through legal means promotes trust and cooperation between law enforcement agencies and the community they serve.

In situations involving legal matters or investigations, it’s essential for law enforcement agencies to adhere to established protocols and procedures to protect the rights and safety of everyone involved. Following the right legal procedures is a fundamental aspect of a just and lawful society.

Moving forward, the EFCC must adopt a more considerate strategy when conducting operations within educational institutions. Obtaining a court order before any investigative action ensures that legal procedures are respected, safeguarding the privacy rights of individuals involved. Additionally, a discreet and low-profile visit, involving a minimal number of officers in plain clothes, can avoid unnecessary tension and confrontation.

Furthermore, open communication and collaboration with school authorities can facilitate necessary procedures without causing alarm or panic among students and staff. Transparency and adherence to established legal protocols are paramount in fostering a peaceful environment within educational institutions, where learning and safety should always be the top priorities.

By embracing these principles, law enforcement agencies can uphold their investigative duties while respecting the sanctity of educational spaces and the rights of those within them. Such an approach not only ensures the smooth functioning of academic activities but also maintains trust between law enforcement agencies and the communities they serve, contributing to a safer, more secure, and just society.

In democratic nations, obtaining a court order stands as a fundamental pillar of the legal system, safeguarding privacy rights even during law enforcement activities. When law enforcement agencies require private information, especially concerning individuals within educational institutions or private entities, a court order provides crucial legal authorization. Issued by a magistrate or a competent legal authority, this document signifies a thorough evaluation of the need for intrusion, convincing a neutral third party – the court – of the validity of the request.

Respecting privacy rights through proper legal channels not only upholds democratic values but also strengthens the trust between citizens and law enforcement agencies. Citizens, when assured of their protected privacy during legal investigations, feel secure and confident in the democratic system. Trust, essential in democratic societies, enhances cooperation between the public and law enforcement agencies, leading to more effective crime prevention and resolution.

A standard and discreet procedure should be followed by law enforcement agencies, including the EFCC, when seeking information from educational institutions or private entities. With a court order in hand, law enforcement officers, whether in plain clothes or uniform, can approach the school registrar or relevant authority calmly and professionally. This method ensures that the privacy rights of individuals are respected, allowing the investigation to proceed in a lawful and non-disruptive manner.

In the context of the incident at the Federal College of Forestry, this proper procedure could have prevented the clash and maintained a respectful environment for all parties involved. The incident serves as a stark reminder of the importance of following these legal channels to safeguard privacy rights, maintain public trust, and uphold the democratic principles upon which a just society is built.

When law enforcement officers, armed with a court order, approach educational institutions or private entities calmly and professionally, they not only respect the privacy rights of individuals but also minimize unnecessary attention and disruption.

A quiet and lawful visit by an EFCC officer, following the proper legal channels, could have prevented the clash and maintained a respectful atmosphere. This approach ensures that investigations proceed efficiently while upholding the rule of law, fostering trust between law enforcement agencies and the community. By drawing less attention to the investigative process, law enforcement agencies can carry out their duties effectively without causing unnecessary tension or alarm, thereby promoting a safer and more secure environment.

Conducting investigations with discretion and professionalism is crucial to maintaining public trust and upholding democratic principles. When law enforcement officers, whether in plain clothes or uniform, approach educational institutions or private entities with a court order, they can do so quietly and inconspicuously. By sending only one or two officers, possibly with identification kept discreet, the investigative process can proceed without drawing unnecessary attention.

Adhering to proper legal procedures is paramount in respecting the privacy rights of individuals during investigations. By conducting discreet visits, involving only a limited number of EFCC officers, law enforcement agencies can operate efficiently without stirring unnecessary tension within the community.

The events at the Federal College of Forestry serve as a stark reminder of the importance of these practices. Law enforcement agencies must strike a balance between their investigative responsibilities and the rights and privacy of individuals. Approaching educational institutions or private entities with a court order, whether in plain clothes or uniform, should be done quietly and inconspicuously. Sending only one or two officers, possibly with discreet identification, allows the investigative process to proceed without drawing undue attention, promoting a safer and more secure society.

Upholding proper legal procedures is fundamental to ensuring justice, protecting individual rights, and maintaining public trust in law enforcement agencies. Regardless of the location, the principles of law, ethics, and respect for privacy rights should be universal. Striving for transparency, accountability, and adherence to the rule of law is essential in fostering a just and democratic society.

The incident at the Federal College of Forestry serves as a crucial lesson for Nigeria and any democratic nation. Recognizing the importance of following established legal protocols paves the way for a more respectful, secure, and harmonious society. Emphasizing the significance of proper legal procedures is not just about adhering to international standards but also about promoting the fundamental values of justice and fairness within the nation. It is a commitment to ensuring that the rights and privacy of individuals are upheld, fostering an environment where citizens can trust the institutions that serve them. This dedication to the rule of law and human rights is what truly strengthens the foundation of any democratic society.

When citizens are aware that law enforcement agencies operate within the boundaries of the law, it promotes public accountability and compliance. Understanding that legal protocols, including obtaining court orders, are followed instills confidence in the fairness and integrity of the justice system. Transparent practices are essential for maintaining public faith in the institutions that serve and protect them.

The incident at the Federal College of Forestry in Ibadan serves as a poignant reminder of the complexities involved in respecting individual privacy rights within a democratic framework. Upholding these rights, even in the face of legal investigations, necessitates strict adherence to legal procedures such as obtaining court orders. This protocol not only ensures the protection of privacy but also strengthens trust, transparency, and accountability within democratic societies. As guardians of democracy, it is imperative for law enforcement agencies to recognize the crucial role of legal protocols in preserving the delicate balance between individual rights and collective security. By respecting privacy rights through proper legal channels, societies can uphold democratic principles, fortify public trust, and nurture a just and equitable society for all.

The incident highlighted underscores the urgent need for comprehensive legal education, training, and oversight within law enforcement agencies. Bridging the gap between the legal framework and its practical application is vital, ensuring that constitutional principles are not mere words on paper but the guiding ethos of law enforcement practices. Upholding the constitution in both spirit and action is the bedrock upon which a just and equitable society is built, fostering public trust and safeguarding the democratic values that underpin the nation.

Democracies often model their legal frameworks after established systems, such as that of the United States, aiming to protect individual rights and liberties. However, the mere existence of these frameworks isn’t enough to ensure citizens’ rights are safeguarded. The challenge in nations like Nigeria lies in the consistent and effective application of these laws. Laws and constitutional provisions form the bedrock of a just society, ensuring fairness, justice, and protection for all citizens. Yet, when these laws are misused or not enforced properly, they lose their purpose, failing to fulfill their intended role.

For a democracy to thrive, the legal system must function as intended, providing robust protections for individual rights. This demands not just having strong laws but also ensuring their diligent enforcement without bias. It requires a commitment to the rule of law, transparency, accountability, and continuous efforts to educate both law enforcement and the public about their rights and responsibilities within the legal framework.

Ultimately, the proper use of legal frameworks is fundamental to the democratic process, upholding justice, equality, and individual freedoms. The challenge lies in ensuring these ideals aren’t only written in laws but are upheld in everyday actions. Addressing these issues requires a commitment to the rule of law and strengthening legal education, awareness, and oversight. It means fostering a culture of accountability within law enforcement and the judiciary, ensuring transparent and unbiased legal processes, free from undue influence.

Additionally, empowering citizens with knowledge about their rights and avenues for legal recourse acts as a safeguard against misuse of the legal system. The term “kangaroo ways” serves as a reminder of the challenges in upholding the integrity of legal systems in democracies. It highlights the urgent need for vigilance, education, and reform to bridge the gap between legal frameworks and their application, making democratic principles tangible realities in citizens’ lives.

All of the chaos at the Federal College of Forestry could have been avoided through a simple act: obtaining a court order from a local magistrate. The importance of a court order cannot be overstated. It serves as a legal shield, granting law enforcement agencies the necessary authority to access private information without infringing upon individuals’ rights haphazardly. With this legal document, law enforcement officers can engage in their investigative duties within the boundaries of the law, mitigating confrontations and ensuring the safety of all parties involved. This incident serves as a stark lesson, underlining the vital role of proper legal procedures in preserving the peace, protecting privacy rights, and upholding the democratic ideals upon which any just society is built.

The excuse that “this is Nigeria, we do things differently” is not only absolutely self-destructive but also profoundly insane. Such a statement should never be employed to justify actions that violate the law, ethics, or the fundamental rights of individuals. Upholding proper legal procedures, respecting privacy rights, and ensuring justice are universal principles that should be followed without exception, regardless of the country or its specific circumstances. In a democratic society, there should be no room for such detrimental justifications that undermine the very essence of justice and the rule of law.

It’s important to challenge and debunk such excuses because they undermine the very foundations of justice and democracy. Holding institutions accountable and demanding adherence to established legal and ethical standards is essential for fostering a society where the rule of law prevails. By rejecting such excuses and advocating for the right way of doing things, individuals can contribute to building a more just, fair, and equitable society where everyone’s rights are respected and protected.

In democratic nations, the court order process stands as a crucial safeguard, precisely designed to prevent situations like the one described. It offers a structured and lawful pathway for law enforcement agencies to obtain information, thereby averting potential conflicts. Moreover, it promotes a culture of respect for privacy rights, underscoring that even in the pursuit of justice, due process and legal oversight are non-negotiable.

In the context of the incident at the Federal College of Forestry in Ibadan, Nigeria, it becomes abundantly clear that proper legal procedures and adherence to due process are paramount. The confrontation between EFCC operatives, staff, and students could have been entirely avoided if the law enforcement agency had followed the appropriate channels, such as obtaining a court order. With a court order in hand, law enforcement agencies can conduct their investigations legally, respecting the privacy rights of individuals while ensuring the safety and well-being of everyone involved.

Considering these principles, the incident at the Federal College of Forestry underscores the significance of implementing proper legal procedures. It encapsulates a broader lesson for the EFCC and other Nigerian law enforcement and security agencies: the importance of obtaining court orders before initiating any action that involves accessing private information.

Therefore, the incident at the Federal College of Forestry serves as a catalyst for a broader conversation. It sheds light on the need for enhanced training, awareness, and education for law enforcement officers regarding the legal rights and privacy of individuals. It also underscores the importance of communication and collaboration between law enforcement agencies and the communities they serve. By learning from this incident, law enforcement agencies can move forward with a renewed commitment to safeguarding privacy rights and upholding the democratic principles upon which the Nigerian legal system is built. Fostering positive relationships between law enforcement agencies and educational institutions, built on trust, respect, and understanding, is fundamental. Collaboration and open communication can pave the way for peaceful resolutions, preventing such incidents in the future.

In light of this incident, it is evident that respecting privacy rights and adhering to established laws and regulations are fundamental requirements for any law enforcement agency operating within a democratic society. Proper legal authorization, transparent communication, and cooperation with relevant authorities are essential to prevent such incidents and ensure the safety and well-being of all parties involved. Upholding the rule of law and respecting privacy rights are essential for fostering trust between citizens and the government, which is vital for a healthy and functioning democracy.

John Egbeazien Oshodi

Professor John Egbeazien Oshodi, who was born in Uromi, Edo State, Nigeria, to a father who served in the Nigeria police for 37 years, is an American-based police and prison scientist and forensic, clinical, and legal psychologist. A government consultant on matters of forensic-clinical psychological services in the USA; and a former interim associate dean and assistant professor at Broward College, Florida. The Founder of the Dr. John Egbeazien Oshodi Foundation, Center for Psychological Health and Behavioral Change in African Settings. In 2011, he introduced state-of-the-art forensic psychology into Nigeria through N.U.C. and Nasarawa State University, where he served in the Department of Psychology as an Associate Professor. He has taught at various universities and colleges including Florida memorial University, Florida International University, Broward college, Lynn University, and a contributing faculty member at the Weldios university in Benin Republic, Nexus International University, Uganda, Nova Southeastern University and Walden University in USA. He is a Human Rights Psychologist with a focus on African related environments. john.oshodi@mail.waldenu.edu