Periodical

The Unconstitutionality Of The Serious Fraud Office Bill

“In almost all countries, the world over, it has been the experience of the various inhabitants that, for most of their problems, a trial and error approach with appropriate correction has been the significant hallmark that stamps them all as progressive and civilised societies. The stated idea behind the serious fraud office bill is the establishment of an investigative agency of government. It is to be a specialized agency which will be vested with duties to monitor, investigate and on the authority of the attorney general to prosecute what is compendiously classified as “suspected complex frauds and serious economic crimes”. The traditional role of maintaining law and order, which is reposed in the Police Service by Article 200 of the Constitution admittedly, encompasses these duties. The Attorney General also under Article 88 of the said Constitution is responsible for the prosecutions of all criminal offences. The dichotomy of complex frauds and serious economic crimes is unknown to our criminal system. Moreover, the Attorney General fulfils his constitutional role under the criminal justice regime by having all offences prosecuted in the name of the Republic at his suit or any other person authorised by him in accordance with any law.”