The Economic and Financial Crimes Commission (EFCC) has described reports accusing it of collecting 10 per cent of the money recovered from debtors, on behalf of the banks, as "a distraction." NEXT on Sunday had published an investigative report on November 8 in which banking and commission sources revealed that such a remittance existed, as an "administrative charge."
"We of course collect 10 per cent administrative charges for all our labour" an operative of the Commission told NEXT on conditions of anonymity, in Abuja at the weekend, insisting that "it is not a bribe, it's just administrative, and it's done everywhere in the world, even the police do it here." But in an official statement issued on Sunday, Femi Babafemi, the Commission's spokesman said, "For the avoidance of doubt and the benefit of the public, the Commission has not at any time demanded or collected any cut in whatever form from any bank over funds so far recovered for the bailed out banks or any other."
Counter-accusations
Spring Bank officials had revealed that the financially unrealistic payment of 10 per cent cuts to debt recovery firms and the law enforcement agencies was a crucial point at a board meeting convened by Olusola Ayodele, the bank's new chief executive, about two weeks ago.
A source present at the meeting said the bank decided they would do without the services of the debt recovery agents.
However, the Commission's statement in turn claimed those disenchanted with its recent successes at recovering a total of N171 billion owed the banks by Nigeria's businessmen and politicians, were to blame.
Licensed to recover
Though in his statement, Mr. Babafemi admits that "a simple loan facility does not at face value invite the EFCC," he argues that "where the loan process from application, through processing, to approval, disbursement, utilization and finally repayment has a criminal flavour, then the EFCC will be involved because a criminal law has been flouted."
The Commission also justified its role in the recovery of loans by citing the EFCC Act of 2004.
"We understand that section 7 (2) of the legislation establishing the Commission states that the EFCC ‘shall be the coordinating agency for the enforcement of the provisions' of the following key legislations: The Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 1994 (and) The Banks and other Financial Institutions Act (BOFIA) 1991."


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