Malami: Only A Judge Can Be Accused Of Bias, Not An Investigator Whose Duty Is To Gather Facts-Oshoma

Liborous Oshoma, a political analyst and lawyer, clarified the legal distinction between judges and investigators in Nigeria’s anti-corruption framework.

During an interview on Channels Television, he emphasized that only a judge can be formally accused of bias, due to the authority judges hold in making binding decisions that directly affect individuals’ rights.

Investigators, including those from the Economic and Financial Crimes Commission (EFCC), do not have such adjudicative powers. Their primary responsibility is to gather facts, documents, and material evidence related to alleged wrongdoing.

Oshoma noted that former Attorney General Malami and the EFCC maintain that investigators operate without the judicial authority to pass judgment. As such, claims of bias against them are legally unfounded.

He explained that allowing allegations of investigator bias to interfere with proceedings could disrupt the work of agencies tasked with enforcing accountability in Nigeria.

According to Oshoma, the investigative role is strictly procedural. EFCC officers collect evidence to present to the courts, which are the only entities empowered to evaluate credibility and render verdicts.

He further warned that permitting claims of bias against investigators could create a loophole for public officials to evade scrutiny, effectively weakening the fight against corruption.

Oshoma stressed that the judicial system provides the necessary checks on fairness. Courts determine whether evidence is sufficient and whether investigations were conducted lawfully.

He pointed out that the distinction between investigation and adjudication is critical. Investigators gather information; judges assess it. Blurring these roles risks undermining transparency and due process.

Oshoma urged public officials and the populace to respect the investigative mandate of the EFCC and other agencies, asserting that challenges to bias should be reserved for judicial review, not applied to those simply collecting evidence.

“Only a judge can be accused of bias, not an investigator whose duty is simply to gather facts and evidence,” he said.

If you love political news or like to get more news happening around the globe, use the button below to get more verified news happening around Nigeria and the world today.