By Adeola Kunle
The Economic and Financial Crimes Commission is facing fresh criticism over its proposed plan to auction confiscated vehicles through a platform under its own management, with the Nigeria Association of Auctioneers warning that the arrangement could undermine transparency, accountability and public confidence in the disposal of forfeited assets.
The association argued that allowing the anti-graft agency to investigate financial crimes, seize assets, retain custody of them and also supervise their sale creates a conflict of interest that is inconsistent with the principles of due process.
Speaking with Dip Connect Online News on Tuesday, the President of the Nigeria Association of Auctioneers, Benjamin Isibor, maintained that the EFCC has no legal authority to serve simultaneously as custodian and seller of assets recovered from suspected criminals.
Isibor recalled that the association had opposed a similar proposal during the tenure of former EFCC Chairman Ibrahim Magu, adding that the earlier initiative was halted after strong objections from stakeholders.
"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," he said.
He insisted that licensed auctioneers remain best suited to guarantee openness, fairness and credibility throughout the asset disposal process.
"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," Isibor added.
The association said it has not confirmed the exact number of vehicles expected to be auctioned but noted that the EFCC recently recovered a fleet of vehicles linked to businesswoman Aisha Achimugu as part of an ongoing investigation.
Although the commission has not disclosed the official value of the recovered vehicles, the association said the luxury brands involved suggest they could be worth several billions of naira. The EFCC has also not indicated whether all or only some of the vehicles will form part of the proposed auction.
Questioning the agency's latest approach, Isibor stated that the EFCC had previously entered into contractual agreements with licensed auctioneers who invested substantial resources in developing digital auction platforms for the commission's asset disposal exercises.
"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 said.
He further argued that the proposed arrangement runs contrary to established legal principles governing the disposal of forfeited assets.
"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," he stated.
The association also questioned why previous contractual arrangements with licensed auctioneers appeared to have been abandoned without any public explanation.
"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," Isibor said.
A former National President of the Nigeria Association of Auctioneers, Alhaji Musa Kurra, also expressed concern over the planned exercise, saying complaints had already emerged within the industry.
"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," Kurra said.
Over the years, the EFCC has disposed of forfeited properties, including houses, vessels and vehicles, through public auctions conducted by licensed auctioneers after obtaining final forfeiture orders from the courts. The process is intended to prevent recovered assets from losing value while ensuring that proceeds are remitted to the Federal Government.
The current dispute centres on whether the commission should directly oversee the auction process or continue using independent, licensed auctioneers in accordance with procurement regulations and established asset disposal procedures.
As of the time this report was prepared, the EFCC had not responded to the concerns raised by the Nigeria Association of Auctioneers regarding the proposed vehicle auction. The commission's spokesperson, Dele Oyewale, did not respond to telephone calls, text messages or WhatsApp messages seeking comment.
ADEOLA KUNLE
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