Vanguard Newspaper, Tuesday, December 30, 2008

RECENT sour experiences in areas of prosecution and staff matters at the Economic and Financial Crimes Commission (EFCC) are being tackled by the Senate. The legislators are set to severe the commission from the superintendence of the Attorney-General of the Federation (AGF) and stem issues that cropped up from the forced posting of EFCC’s former boss, Mallam Nuhu Ribadu, to the Nigerian Institute of Policy and Strategic Studies (NIPSS) in Kuru near Jos.

Specifically, the Senators are tinkering with the EFCC Act towards giving it independence from the superintendence of the Attorney-General of the Federation in the prosecution of suspects.

In one of such moves, the legislative initiative from the Senate proposes to guarantee the tenure of all officers seconded to the agency from other government agencies.

Besides, the initiative in the Senate aims to give the EFCC the sole responsibility of investigating and prosecuting political office holders, a power that is presently contested by the Independent Corrupt Practices and other related Offences Commission (ICPC).

The legislative initiative framed in the form of an amendment bill to the EFCC establishment bill is spearheaded by Senator Sola Akinyede, chairman of the Senate Committee on Drugs, Narcotics and Anti-Corruption.

The prosecutorial powers of the EFCC was one of the serious issues of discord between the Ribadu-led EFCC and the Attorney-General of the Federation, Chief Michael Aondoakaa (SAN).

Aondoakaa had asserted a right as the Attorney-General of the Federation to give approval before the prosecution of anyone indicted of corruption after investigations by the EFCC.

At the peak of the face-off, the Attorney-General had intervened in the prosecution of some former governors, insisting that the EFCC did not get his approval to prosecute the cases.

However, under the new administration at the EFCC, case files on all indicted persons are sent for approval to the Attorney-General through the Office of the Director of Public Prosecutions (DPP).

Under the proposed amendment to the EFCC Act, the EFCC would be conferred with full powers to prosecute cases with the insertion of the words “and prosecuting such” in Section 6 (h) which details the duties of the commission.

Section 6 (h) which reads: “The examination and investigation of all reported cases of economic and financial crimes with a view to identifying individuals, corporate bodies or groups involved” would now read: “(6)(h) the examination and investigation of all reported cases of economic and financial crimes with a view to identifying and prosecuting such individuals, corporate bodies or groups involved.”


The prosecution of indicted persons or corporate bodies is further strengthened with a new subsection 6 (r) which reads: “6 (r) it shall be the primary responsibility of the Commission to investigate and prosecute elected or appointed federal and state governments political office holders.”

The phrase would apparently give the EFCC the sole responsibility of investigating and prosecuting elected or appointed political office holders.

Former Governor Ahmed Markafi of Kaduna State recently lamented what he described as the double jeopardy suffered by individuals under the present regime whereby the EFCC and ICPC conduct investigations on similar cases.

Besides, the amendment bill also aims to plug the loophole over the tenure of officers seconded to the commission.

An amendment to Section 8 of the EFCC Act spelling out the appointment of officers of the Commission reads: “8 (4) Where any officer or person is appointed under subsection 3 of this section, such officer or person shall hold such appointment for a minimum of four years unless the Commission decides otherwise.

“8(5) Any person approving the deployment or secondment of such officer or person shall be deemed to have consented to the release of such officer or person for the period mentioned in subsection (4) above.”

The posting of Mallam Ribadu to the Nigerian Institute of Policy and Strategic Studies (NIPSS) before the completion of his tenure had generated mutterings over the capacity of the Inspector-General of Police to post officials already seconded to the Commission.

Besides Ribadu, several officers seconded to the anti-graft commission from other security agencies but perceived as loyal to him have been sent back to their original places of employment.

However, the proposal under the bill aims to guarantee the tenure of all those posted to the agency from outside the Commission.

the senate is a failure

I no dey expect anything from them

That is one of the best policies they would achieve if it scales thru

Seconded. But they need to address the issues of rivalry btw ICPC and EFCC also

why are they trying to start what they cannot finish?

Why now? Are they now realizing that what they did to Ribadu was wrong especially the IG asking him to proceed to Kuru?

This country is full of actors and actresses and unfortunately some of them are in the Senate instead of Nollywood.

they have not even passed FOI bill

Nigeria has two major problems viz;
obj and pdp

nigeria is only suffering from the power madness of obj who has the power to appoint a national leader as against the constitution.
on the other hand, pdp is only raising gangstars who are out to manipulate the country at their own pace instead of the use of manifestoes that parties are known for.
if actually pdp is a party with objectives, why won't tar adua continue from where obj stopped since they are from the same party.
who is righteous enough in nigeria to do things his own ways instead of using the constitution.
it is only in nigeria that politics is discussed from january to december instead of gov backing on projects, govt will embark on programmes to elongate their tenures.
even if they like, let them remove agf, or make ribadu president, the problem will continue.
the worst news to all efforts is that among our so called heroes, non has ever created institution rather they are more interested in gathering praises to their names.
we are so blind that non is ready to ask what if this person dies tomorrow? men are born to die so we shld learn not to put the fate of our country in the hands of a particular man.
let their be a functional constitution and an impartial govt and only then we will begin to live like human beings instead of animals.
the ribadu that nigerians are yieling for was there when chris uba, andy uba, adedibu and their likes who are mere criminals became heroes and people of great honours to the extent chris uba was made a member board of trustees in the pdp.
it either nigerians are blind to the simple truth or they are going mad.
our so called senators are not even doing anything to help the people they represent rather making efforts to beef up their account at the detriment of the masses. what a shame?