EFCC Standard Operating Procedure 2021 PDF

# Economic and Financial Crimes Commission - Department Of Operations - Standard Operating Procedure ## **2021** ### **AUTHENTICATION** I hereby confirm the content of this Standard Operating Procedure to be the true and correct decision of the Management of the Economic and Financial Crimes Com...

# Economic and Financial Crimes Commission - Department Of Operations - Standard Operating Procedure ## **2021** ### **AUTHENTICATION** I hereby confirm the content of this Standard Operating Procedure to be the true and correct decision of the Management of the Economic and Financial Crimes Commission. **Abdulrasheed Bawa, CFE, CAMS** Executive Chairman, Economic and Financial Crimes Commission ### **OVERVIEW** The department of Operations has the responsibility of investigating all cases of financial crimes reported to the Commission subject to the provisions of Sections 6 and 7 of the EFCC(Establishment Act) 2004. This SOP may be reviewed every 2 years or as may be directed by the Executive Chairman of the Commission. ### **TABLE OF CONTENTS** | CODE | ACTIVITY | PAGE | |---|---|---| | | Overview | iii | | | Organogram | v | | 100 | Job Description | 1 | | 200 | Complaint Process | 4 | | 300 | Arrest | 5 | | 400 | Search | 7 | | 500 | Interview and Statement Recording | 10 | | 600 | Attestation of Confessional Statement | 13 | | 700 | Processing of Suspects | 15 | | 800 | Care and Custody of Detainees | 17 | | 900 | Bail Management | 19 | | 1000 | Assets Declaration | 21 | | 1100 | Investigation Process | 22 | | 1200 | Case File Management | 23 | | 1300 | Investigation Report | 25 | | 1400 | Care and Custody of Exhibits | 27 | | 1500 | Surveillance | 32 | | 1600 | Intelligence Gathering | 33 | | 1700 | Operational Correspondences | 34 | | 1800 | Beat Duties | 35 | | 1900 | Pocket Notebook | 38 | | 2000 | Handling of Firearms | 40 | | 2100 | Security Guards | 43 | | 2200 | Forwarding of Case File to Legal | 45 | | 2300 | Relationship with other Departments | 46 | | 2400 | Archives | 49 | | 2500 | International Cooperation | 50 | | | Appendices | 52 | The image shows a detailed organizational chart for the EFCC's Department of Operations. It begins with Zonal Commanders and works down to the Team Members. ### **100. Director Of Operations (DOPs)** - Coordinates all operational activities relating to the Operations department. - Receives complaints/reports of a complex nature from the Zonal Commanders and other Operational formations and resolves it in a timely manner. - Assigns petitions received from the office of the Executive Chairman to: Zonal Commands, Operations department in the Headquarters and special duty sections, (special task force). - Forward petitions to other Law Enforcement Agencies empowered to investigate petitions that do not fall within the mandate of the Commission. - May receive petitions directly and assign for investigation. - Reports directly to the Executive Chairman of the Commission on operational issues. - Serves as the reporting channel between operational formations (Zonal Commands, Sections, Armoury, Security) and the Executive Chairman. - Provides information on all operational matters to the Executive Chairman or any other person or Agency as directed by the EC. - Liaises with other departments in the Commission on behalf of the Operations Department. - Coordinates joint operations of the Commission with other LEAs and various Services. - Liaises with other LEAs by attending meeting as directed by the Executive Chairman on matters relating to operational activities of the Commission. - Responsible for the safekeeping and accuracy of operational records such as number of personnel in the department, number of cases under investigation, concluded investigations, number of cases forwarded to Legal Department, cases in court and exhibits. - Provides reports on operational matters to the Executive Chairman, to other LEAs and any other government institution when necessary. - Seek/request for reports from operational formations that will guide the projections or decisions of the department. - Responsible for the movement/deployment/transfer of personnel in the department when necessary or deemed to be in the interest of the department. - Represents the Executive Chairman as directed. ### **101. Head of Operations Hq (HOPS HQ) / Zonal Commanders** - Coordinates all operational activities within the HQ/Commands. - Responsible for the safety and well-being of personnel in the HQ/ Commands. - Reports to the Director of Operations on operational issues affecting the HQ/Commands. - Resolves any operational hazards in the Commands and forward report to the Director of Operations further action. - Receive petitions from both Headquarters (Director of Operations) Commands and assigns to Sections in the HQ/ Commands for investigation. - Provide records/status of petitions under investigation in the HQ/ Commands to the Director of Operations. - Perform continuous random checks at the detention facilities to ensure directives are strictly adhered to and approved cell capacity is maintained at all times. - Coordinates operational activities with other LEAs/MDAs within the HQ/ Commands and reports to Director of Operations. - Represents the Commission within the Command as may be directed by the Executive Chairman or the Director of Operations and provides report of the activity to the EC and/or Director of Operations. ### **102. Deputy Head Of Operations Hq /Deputy Zonal Commanders** - Assist the Zonal Commander/Head of Operations HQ in the coordination of operational activities in the zone/ Headquarters. - Ensure training and retraining of staff with international best practices in relation to new trends in investigation and emerging financial crime typologies. - Provide reports and status of cases under investigation by the Sections to the Zonal Commander/ Head of Operations HQ. - Reporting channel between Zonal Commander/Head of Operations HQ and Sectional heads of the zone/Headquarters. - Manage and supervise the activities of the Command /Headquarters in the absence of the Zonal Commander / Head of Operations HQ. ### **103. Sectional Head** - In charge of the daily activities of the Section and wellbeing of members of the Section. - Assigns petitions received from the Zonal Commander/Head of Operations HQ to teams in the Section. - Coordinate the investigation of petitions assigned to the Section. - Ensure that members of the Section align with code of conduct of the Commission while carrying out their duties. - Provide reports to the Deputy Zonal Commander/Zonal Commanders/Deputy Head of Operations/Head of Operations HQ on operational related issues, as directed by the Zonal Commander/Head of Operations HQ. - Responsible for the safe keeping of the assets of the Commission in the Section - Responsible for proper record keeping of case files/cases in the Section. ### **104. 2i/c Sectional Head** - Assists the Sectional Head in the performance of his duties. - Perform the duties of the Sectional Head in the absence of the Sectional Head. ### **105. Team Leaders** - Coordinate the investigation of cases assigned to the team. - Ensure that case files and records of the team are accurate at all times and kept properly. - Minute case files and generate investigation reports in respect of the cases under investigation by the team to ensure that relevant information or status of the investigation are reported in a timely manner. - Mentor and encourage team members. ### **200. Complaint Process** - This procedure outlines the process by which complaints and petitions are received and approved for investigation. #### **Revision from Previous Version** - None #### **Responsibilities** - The Office of the Executive Chairman (EC) - Director of Operations (DOPS) - Head of Operation HQ and Zonal Commanders. (HOPs/ZCs) #### **Procedure** - Complaints shall be received by the office of the Executive Chairman and uploaded into the EFCC Case Management software. - Approved complaints by the EC are forwarded to the DOPS. - DOPS shall refer complaints/petitions to the HOPS (Head of Operations) Hq and Zonal Commander for investigation. - Where complaint/petitions are received in Zonal Commands, they shall be approved by the Zonal Commanders and forwarded to sections for investigation, and copies sent to the Headquarters. - Complaints/Petitions that do not fall within the mandate of the Commission regarding crimes it is empowered to investigate and complaints civil in nature will be rejected. Petitioners will be notified of the rejection and/or referred to the appropriate body tasked with such responsibility. - Notifications under SOP 203.4 must be in writing advising complainants/petitioners where to seek redress and must be sent within 10 working days. - Where on the face of the complaint, it appears that the complaint can be effectively investigated in a particular command at minimal cost; the approving authority may refer the complaint to the said command for investigation. - Officers shall not disclose to any person the contents of a complaint/petition except otherwise authorized. - All approved complaints shall be recorded electronically for more efficient case management. - Where a complaint is received from a whistle blower, it shall be referred to the whistle blowing desk for further processing. #### **Materials** - EFCC Acts and other relevant Acts. - Whistle blowing policy. #### **References** - None ### **300. Arrest** - This outlines the procedure for apprehending persons suspected to have committed economic and financial crimes. #### **Revision from Previous Version** - None #### **Responsibilities** - All Operational Officers #### **Procedure** - Only a person who is reasonably suspected to have committed a crime or attempting to commit a crime may be arrested. - Preliminary investigation should be carried out before making an arrest except where it is practicable. - A suspect may not be handcuffed, restrained, or otherwise bound unless; - There is reasonable apprehension of violence or an attempt to escape. - Restraint is considered necessary for the safety of the suspect, third parties, or by the order of court. - The suspect to be arrested resist the arrest. - The arrest team shall have the power of ingress and egress and reasonable force may be used where necessary. - Officers shall comply with appropriate provisions of the relevant laws as the case may be for suspects/persons to be arrested with or without warrants. - Actions carried out in relation to SOP 303.2 should be recorded in the arresting officer's Pocket Note Book. - A suspect should be informed of the reason for his/her arrest immediately. - Whenever a foreign national is arrested, the Investigating team shall notify the embassy of the suspect in writing immediately. - The suspect shall be cautioned in a language he/she understands and that he/she has the right to remain silent and whatever he/she says may be given in evidence before a court of law. - The suspect should be thoroughly searched for recovery of incriminating items. For safety reasons, he should be taken to the nearest operational base for further investigative actions. - Suspect must be served with conditions for bail within 24 hours of arrest. #### **Brief of Arrest** - Team Leaders shall forward a brief of persons arrested to the appropriate authority. - Name of the suspect. - Nature/status of the suspect (PEPs or otherwise) - Offence for which arrest was made. - Time and place of arrest. - Date and time of detention. - Status of the case. #### **Materials** - Warrant Card. - Warrant of Arrest duly signed by the valid authority. - Mobile communication equipment. - Handcuffs. - EFCC Jacket #### **References** - 1999 Constitution as Amended (Section 35). - EFCC (Establishment) Act 2004 (Sections 8 and13). - Administration of Criminal Justice Act 2015 (Sections 1-29). - Criminal Procedure Act (Sections 118 - 152). ### **400. Search** - This outlines the procedure for executing search on persons and property like houses vessels, vehicles etc to recover evidence of crime for investigative and prosecutorial purposes. #### **Revision from Previous Version** - None #### **Responsibilities** - All Investigating Officers - IOs #### **Procedure** - The Investigating Officers shall apply for a search warrant from a Magistrate, Judge or Justice of Peace for authorisation to conduct a search on vessel(s), vehicle(s) or place(s) of any thing to recover and seize any item relating to a crime and also to apprehend the occupier of the searched property. - In the course of application for the search warrant, the IO shall on the instruction of the Magistrate, Judge or Justice of Peace, produce the case file to be seen or for vetting by the Magistrate or Judge and make a copy of any document requested by the court. - After the execution of the search warrant, the IO shall, in the interest of post-search procedural safeguard, make a copy of the executed search warrant, together with the list of items recovered in the course of the search, to the Magistrate, Judge or Justice of Peace within a reasonable time before the case is charged to court. - Where a search warrant was obtained from another State other than the State in which it is to be executed, the Search Team Leader shall ensure that the Search Warrant is endorsed by a Magistrate, Judge or Justice of Peace in the state in which it is to be executed. The endorsing Magistrate, Judge or Justice of Peace shall be of the same status with the initial Magistrate, Judge or Justice of Peace as the case may be. - A search warrant may be executed at any time of the day including Sunday and public holiday. - A Search Team may include the following: - Search Team Leader. - Searchers. (operatives) - Any other person useful in the search (eg Forensic/IT expect) - Recorder. - Photographer. - Driver. - Protective Security Personnel. - Documenting the procedure in which the search was conducted. - The Search Team Leader shall coordinate the activities of other members and also ensure that proper documentation of the procedure and details of the process indicating, date and time the warrant was executed, details of the owner of the property, address and description of the property searched is carried out OR is done. - Indicate whether anything was destroyed or damaged in the course of executing the search warrant and the value of the item(s). - Serially list the details (including the location) of all the items recovered. Where the search warrant would not be able to contain the detailed list of items recovered the investigating officer can add an extra sheet which shall be endorsed by suspect, witnesses and the investigating officers. A copy can be made available to the person whose property was searched if he/she desires and where it is practicable. - A column of the search warrant inventory list shall be provided for the Suspect and his witness (es) to endorse (sign or thumb print) on the search warrant and shall also be countersigned by the investigating officers. The witness (es) address (es) and telephone numbers shall be properly documented on the search warrant where practicable. - A search warrant shall be executed in the presence of two witnesses and the person to whom the search warrant is addressed to may also provide a witness within the neighborhood. - Where a suspect is arrested by a detective or a private person, the Officer making the arrest or to whom the private person hands over the suspect: - May search the suspect using such force as may be reasonably necessary for the purpose. - Shall record and place in safe custody all articles other than necessary wearing apparels found on the suspect. - Whenever it is necessary to cause a man or woman to be searched, the search shall be made by an Officer of their respective gender, with strict regards to decency, unless it is impracticable to do so. - If any place to be searched is an apartment in the actual occupancy of a woman, not being the person to be arrested, who according to custom does not appear in public, the person making the search shall, before entering the apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility to withdraw. Thereafter the searching Officer may then enter the apartment. - On no account shall the fact that a Search Warrant is being sought, issued, or executed be communicated to any person except: - The person in whose name the Search Warrant was issued is found at the location of executing the search. - A person who needs to know about the search before and after it was executed. The need to know shall be in line with the Confidentiality and Disclosure of Information policy of the Commission. - Only items relevant to the investigation shall be recovered in the course of the execution of the Search Warrant. Any other incriminating item should be handed over/reported to the appropriate authority. - Where the items recovered are discovered to be irrelevant to the case on the advice of Legal and Prosecution Department (L&PD) such item shall be released on bond to the person(s) it was recovered from. - The approving authority for the release of all items recovered shall be the DOPS, DDOP's or Zonal Commander of a Command or any officer so authorized. - Items recovered and relevant to the investigation or the prosecution shall be immediately registered with the Exhibit Keeper and may be released to the court and the Investigating Officer for further investigation where necessary. - Where appropriate, an Investigating Officer shall liaise with L&PD for an Order of Attachment, Forfeiture and/or Disposal of the seized item. - A search shall be executed with a duly signed Warrant issued by the Magistrate, Judge or Justice of Peace except: - At the point of arresting a suspect. - When it is incidental to the arrest of a suspect. - With the consent of the occupant of the premises subject of search. - Where the search is to be executed without search warrant, a search note authorized by a senior officer shall be used. Item(s) recovered in the course of the search shall be properly described in the search note and must be signed by the suspect and witnesses. - The search Team members has the power of ingress or egress when executing a Search Warrant. - Search Team members shall carry out their search in line with the provisions of the relevant laws in respect of search. #### **Materials** - Search Warrant. (See Appendix Form 1) - Surveillance report (if any). - Intelligence report (if any). - Exhibit bag - Video recorder - Digital Camera #### **References** - 1999 Constitution as Amended. - Administration of Criminal Justice Act 2015 (Section143-157). - EFCC Establishment Act 2004 (Section 8). - Evidence Act 2011 (Sections 14, 15). - Criminal Procedure Act (Section 240-252). ### **500. Interview and Statement Recording** - This outlines the rules and procedures in interview and statement recording of parties to a complaint #### **Revision from Previous Version** - None #### **Responsibilities** - All Investigating Officers #### **Procedure** - Interviews shall be conducted in the interview room or any other place approved by the Management with at least 2 members of the Team present at all times. - Interview rooms must be properly ventilated, adequately lit and with electronic recording devices. - Persons being interviewed must be comfortably seated during the process. - Interviews shall not be conducted any longer than a 6-hour stretch. Breaks shall be given at appropriate times and the persons must be allowed at least 8 hours rest in a 24-hour period. - Persons interviewed must be handled with reasonable care and there shall be no promises, threats or intimidation. However, the Investigating Officer must record in his Pocket Note Book (PNB) and Diary of action of the case file any untoward/hostile behavior from the party. - All interview statements made to Investigating Officer must be made voluntarily. - Where a person interviewed refuses to make a statement, he will be asked to put his refusal in writing, and if he still refuses to do so, the Investigating Officer will make an entry of such refusal in his PNB and also note in the action diary of the case file as appropriate. - The Investigating Officer must explain the purpose of the statement and ensure that the person making the statement understands the reason for the statement. - Where the person making the statement is a suspect, cautionary words shall be read and explained to the person in the language he/she understands (See SOP 503.18 below). - Statements shall be made on the official statement form of the Commission. - Where the person is not literate or has any disability that prevents the person writing down the statement personally, the Investigating Officer or a member of the Investigating Team fluent in the language will take down the statement in the language and authority of the maker. - At the end of the statement, the Investigating Officer must read the statement over to the maker. - Statements must be written in continuous form with no abbreviations, paragraphs or lines left. A straight line should cross out any spaces mistakenly left. - Initial statements must begin with a biography of the maker which should minimally contain the name, date of birth, address, state of origin, immediate family details, nationality, State and local government of origin, educational and work history. - A person may make additional statement(s) in which case there would be no need for a fresh biography but such additional statement(s) shall make reference to the preceding statement. - There shall be no alteration(s), overwriting or cancellation in the statement. All mistake(s) should be signed, enclosed in parenthesis and the corrected word(s) or expression written by the side or at the top. - The person making the statement has the right to make any necessary corrections/alterations to the statement after going through it and such corrections must be before the Investigating Officer. - Acceptable alterations in SOP 503.15 above shall be to add missing links and expand abbreviations. Alterations that intend to convey new Ideas or change earlier ones must be made on additional statement forms. - At least two Investigating Officers must witness the statement taking and also initial and sign it, clearly indicating their names, ranks, signatures and date. (OBSERVATION: There is no space for 2 witnesses to sign on the statement sheet. There is also no space for names, ranks, signatures and dates of the two witnesses. The review committee recommends that in printing subsequent statement sheets, the observations should be included) - All statements must be signed and dated at the end of every page by the person making the statement. #### **Statement Recording Under the Words of Caution** - Where a person is under arrest or a suspect in the matter, the statement shall be made under either of the following cautionary words: - Applicable in States using the CPA: - "I,...(name of suspect).......having been duly cautioned in English Language that I am not obliged to say anything unless I wish to do so, but whatever I shall say shall be taken down in writing and may be given in evidence". - Applicable in States using the CPC: - "I have decided to make a complaint against you; do you wish to make a statement? You are not obliged to say anything unless you wish to do so but whatever you may say shall be taken down in writing and may be given in evidence". - The Investigating Officer shall write down the words of caution, read them out and explain to the understanding of the suspect. - Upon understanding the cautionary words, the suspect must sign and date the words of caution before writing the statement. - Where a suspect elects to make a statement, such statement may be taken in the presence of a Legal Practitioner of his choice or any other person of his choice, provided the Legal Practitioner or any other person shall not interfere while the suspect is making the statement except for the purpose of discharging his role as Legal Practitioner. - Statements of a suspect may be recorded electronically on a retrievable video compact disc or such other audio visual or audio means as are available. - Where a suspect does not understand, speak or write in English language an interpreter shall record the statement in the suspects language and read over the statement to the suspect to his understanding and the suspect shall then endorse the statement as having been made by him. The interpreter shall attest to the making of the statement. - The interpreter shall thereafter translate same to English Language, interpret same to him and the suspect shall endorse or thumb print on the statement and the translator shall attest to the translation. #### **Materials** - Statement Form. - Electronic Recording Devices. - Blue ink ball point pen - Ink pad (for illiterate suspects that may need to thumbprint) #### **References** - Constitution of Nigeria 1999, as amended. - EFCC (Establishment) Act (Section 8). - ACJA 2015 (Sections 15(4) and17). - Evidence Act 2011 (Sections 20-54). - Judges Rules (these are administrative rules of practice and not rules of law). - Pocket Notebook- PNB. ### **600. Attestation of Confessional Statement** - This outlines the procedure for endorsing confessional statement(s) as proof of its voluntariness. #### **Revision from Previous Version** - None #### **Responsibilities** - Investigating officers - Senior Officers #### **Procedure** - Where the suspect confesses to the crime under investigation in his statement, the Investigating Officer shall take the following steps as soon as the statement taking is over: - The Investigating Officer shall take the suspect before a Senior Officer for endorsement of the confessional statement together with a copy of the attestation form. - The Senior Officer shall read out the statement of the suspect to him and confirm that the suspect understands the contents of the statement as read out to him. The suspect shall equally be asked if he wants to add or remove anything from the statement. - The Senior Officer shall ask the suspect if he or she made the statement voluntarily, without promise, threat, intimidation, duress or inducement of any kind. - Where the suspect responds in the affirmative, the Senior Officer shall go ahead to appropriately complete the attestation form and thereafter endorse the suspect's statement. - Finally, the Senior Officer shall make a handwritten endorsement on the suspect's confessional statement. #### **Endorsement of Confessional Statements** - The endorsement which must be done in red Ink shall contain the following: - Name of the Suspect; - Date and time the Suspect was brought before him; - Rank and name of the officer who brought the suspect; - Offence for which the Suspect is under investigation; and - Confirmation that the statement was: - Voluntarily made by the suspect without any promise, threat, intimidation, duress or inducement of any kind; - Read to the suspect who had nothing to add or remove from the statement; and - The Senior Officer must sign and date the endorsement stating his name, rank and the suspect should also countersign. #### **Electronic Recording of Attestation and Endorsement Process** - The attestation and endorsement procedure of the suspects' confessional statement shall be recorded electronically on a retrievable video compact disc or such other audio visual means. #### **Materials** - Confessional Statements. - Attestation Form. (See Appendix Form 2) - Electronic Recording Devices. - Red ink ball point pen. #### **References** - Judges Rules ### **700. Processing of Suspects** - This procedure outlines the various processes that investigating officers should use to acquire information about a suspect upon his arrest. #### **Revision from Previous Version** - None #### **Responsibilities** - Investigating Officers - Forensic Officers #### **Procedure** - Investigating Officers shall hand over a suspect within reasonable time after arrest to the Forensic Officers for processing. - Processing of a suspect involves obtaining and recording of the following information: - The date and circumstances of his arrest. - His full name, occupation & residential address. - Height. - Photograph. - Full finger print impression or such other means of his identification - Alleged offence - In addition, every suspect shall complete an Assets Declaration form to be used for further investigation. - The processing of a suspect shall commence within a reasonable time of the arrest of the suspect, but not exceeding 48 Hours. - Obtained photograph and fingerprints of suspect whose investigation did not reveal any criminal liability should be removed/deleted from the EFCC database upon receipt of advice from L&PD. - The removal/deletion in SOP 703.4 above should be carried-out in the presence of the suspect, where practicable. - Officers shall at all times remember that every suspect is innocent until pronounced otherwise by court. Thus, their rights shall always be strictly observed. #### **Materials** - Suspect Processing Form. (See Appendix Form 3) - Digital Camera - Ink - Finger print/ink pad #### **References** - 1999 Constitution of the Federal Republic of Nigeria (As Amended)(Chapter 4). - Administration of Criminal Justice Act 2015 (Section. 15). - Suspect Processing Form. (See Appendix Form 3) - Declaration of Assets Form. (See Appendix Form 12) - SOP 800 Care and Custody of Detainees. - SOP 1000 Assets Declaration. - SOP 2300 Relationship with Other Departments. - Criminal Procedure Act. (Sections 12 and 26) ### **800. Care and Custody of Detainees** - This provides guidelines for the treatment of suspects/detainees in order to ensure the protection of their rights and privileges. #### **Revision from Previous Version** - None #### **Responsibilities** - Director of Operations - Zonal Commanders/Head of Operations - Investigating Officers - Counter - duty Officers - CCTV duty Officers - Medical Officers #### **Procedure** - The appropriate authority shall authorize the detention of all persons, with the Investigating Officers appending their signatures on the detention order form. - The Investigating Officer will explain the reason for the detention to the detainee and will inform him of the safety of his personal effects. - Detainees should be kept in separate cells with the two genders in different cells. - No juvenile, as defined by law, shall be detained together with adults. - Persons of perceived unsound minds shall not be detained together with other male or female suspects of sound minds. - Suspects with contagious disease shall not be detained together with other suspects. - Foreign nationals in detention have the following added entitlements: - The right to communicate at an appropriate time with their High Commission or Embassy or consulate or Charge d' Affairs informing them of their whereabouts and grounds for their detention. - To seek for legal assistance from their High Commission, Embassy or Consulate or Charge d' Affairs. - Detainees Cell visits: It is the duty of Cell Guard to visit cells at intervals of not less than one hour during his tour of duty. If there is change of duty, the Charge Room Officer and Cell Guard must visit the cell with the officer handing over to make sure that detainees are properly accounted for. All cell visits must be recorded in the station diary. - Officers on CCTV duty shall monitor activities of the detention area and maintain a log book of persons who visit the cell and the suspects visited. #### **General rights of detainees** - Must be kept warm. - Must be fed three times daily at recognized meal times. - Shall have access to toilets and washing facilities at any time they need to use such facilities. - Shall be provided with medical attention as soon as they indicate the need for that or when the Investigating Officers, Counter Duty Officers or any Officer on duty notices failing health in the person. #### **Materials** - Detention Order Form. (See Appendix Form 4) - Station Diary. - Suspect Feeding Register. - Suspect Visiting Register. - Suspect Movement Register. - Suspect Detention Register. #### **References** - Constitution of the Federal Republic of Nigeria (As Amended) (Chapter 4). - ACJA 2015 (Sections. 8, 30, 31 and 32). ### **900. Bail Management** - This outlines the procedure of granting administrative bail to suspects. #### **Revision from Previous Version:** - None #### **Responsibilities:** - Investigating Officers - Charge Room Officers #### **Procedure** - All persons who are to be detained should be promptly served with bail conditions. (See Appendix Form 4) - Sureties who apply for bail of persons must be informed of the offence for which the person is being investigated and the consequences of the suspect violating the terms of the bail. - A person who intends to take a suspect on bail as a surety shall make a formal application to the appropriate authority. - Details provided by the surety must be verified by the Investigating Officer. - Visit to the business and residential addresses of the surety and completion of filling the surety verification form. (See Appendix Form 5) - Forward a letter to the organization of the surety for verification of his details. - Forward a letter to the Land Registry for authentication, where the surety presents a landed property as a bond for bail. - At the conclusion of the verification exercise, the bail bond/recognizance shall be completed by the Investigating Officers and signed by the Investigating Officer, approving authority, surety and the suspect. - Notwithstanding the release of detainees to sureties, an Investigating Officer (as approved by authorized person) may grant a detained person bail on self-recognizance if he is satisfied that such a decision will not impede the progress of the criminal investigation and that the detained person will also make himself available when required. - At the point of releasing the suspect, the Investigating Officer shall complete the release of detainees form. - The release of detainees' form and bail bond shall be taken to the Charge Room Officer. #### **Suspect reporting Register** - Suspects on bail shall report on designated date (as specified on the bail bond) and sign a register which shall include the following details: - Name of suspect; - Date and time of reporting; - Date of next reporting; - Telephone number; - Personal home address; and - Signature. - An Investigating Officer should review, on periodic basis, the need for a suspect to continue reporting/or otherwise to the Commission. - An Investigating Officer may revoke the bail of a suspect for the following: - Where the suspect absconds; or - Where he obtains his bail by fraud; or - Where the surety withdraws his suretyship; or - Where the suspect is interfering with investigation; or - Where the suspect is to be arraigned. #### **Materials** - Conditions for Bail. (See Appendix Form 5) - Bail Bond. (See Appendix Form 5) - Release of Detainees Form. (See Appendix Form 4) - Verification of Surety Form. (See Appendix Form 6) - Suspect Reporting Register. #### **References** - Constitution of the Federal Republic of Nigeria, 1999. - ACJA 2015 (Section. 30-34). - ACJL and others. - CPA (Section. 17-18). ### **1000. Assets Declaration** - This outlines the procedure of obtaining information on the assets of all persons accused of economic and financial crimes. #### **Revision from Previous Version** - None #### **Responsibilities** - Investigating Officers #### **Procedure** - Every person under investigation shall complete the Declaration of Assets Form immediately after his initial statement. - The Investigating Officer shall ensure that all sections of the Declaration of Assets form are completed. - The Investigating Officer supervising the completion of the Declaration of Assets Form shall explain to the declarant that it is a criminal offence to make a false declaration to the Commission. - The Declaration of Assets Form as completed shall be investigated by the Investigating Officer. - Where a property is traced or suspected to be proceeds of crime, the Investigating officer shall: - Attach the property. - Liaise with the L&PD to obtain an interim forfeiture order or freezing order. - Inform the Assets Forfeiture and Recovery Directorate (AFRM) for necessary action. - The Investigating officer shall seek for updates from the L&PD as well as the (AFRM) on assets for either interim or final forfeiture as it relates to cases under investigation, prosecution or concluded cases. - Where the declarant is unable to completely fill the Declaration of Assets Form, the investigating officer shall give the declarant reasonable time to provide all the necessary details. #### **Materials** - Declaration of Assets Form. #### **References** - EFCC Act 2004 (Section. 27). - Code of Conduct Bureau and Tribunal Act. ### **1100. Investigation Process** - This procedure outlines the process of conducting investigation. #### **Revision from Previous Version** - None #### **Responsibilities** - Sectional Heads - Team Leaders - Unit Heads #### **Procedure** - Each Complaint/Petition must be thoroughly analyzed with a view to identifying whether or not the alleged crime falls within the purview of the Commission's mandate. - Where the analysis indicates that the alleged crime falls within the Commission's mandate, Team Leaders must ensure the development of investigation action plan. -