Socio-Economic Rights and Accountability Project (SERAP) has sent an
open letter to President Muhammadu Buhari urging him to “urgently
instruct Mr. Abubakar Malami, SAN, Minister of Justice and Attorney
General of the Federation to withdraw the proposed executive bill to
amend the Economic and Financial Crimes Commission [EFCC] Act, which if
passed and signed into law will severely undermine the commission’s
independence, and render it a ‘toothless bulldog or toothless tiger’.”
The Presidential Advisory Committee Against Corruption headed by
Professor Itse Sagay had last week reportedly raised concerns that “the
government is pushing a bill to amend the EFCC Act, 2004, which will
demolish the anti-corruption infrastructure of Nigeria, and confer an
enormous power of control of the anti-graft agency on the office of the
Attorney General of the Federation.”
In the letter dated 19 September 2020 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “The bill, which is
apparently designed to undermine the independence, integrity and freedom
of action of anti-corruption agencies, ignores the seriousness of grand
corruption and its impact on Nigerians’ human rights, the rule of law,
principles of good governance, development, as well as the threat
corruption poses to the country’s constitutional order.”
According to SERAP: “By pushing to turn the EFCC into a department in
the Federal Ministry of Justice, and effectively bring it under the
control of the Attorney General; and to subject the appointment of the
agency’s head to the approval of the Directorate of State Security, your
government would seem to indicate that it is not interested in combating
corruption and halting its putrefying effects.”
The letter, read in part: “We would be grateful if the requested action
and measures are taken by your government. Should the proposed bill be
passed and signed into law, SERAP would take all appropriate legal
actions to challenge its legality, in the public interest, and to ensure
that anti-corruption agencies in Nigeria can operate independently and
effectively.”
“SERAP contends that Nigeria’s constitutional and international legal
obligations to respect, protect, promote and fulfil the human rights of
everyone inevitably create a duty on your government to establish
independent and efficient anti-corruption mechanisms.”
“This bill is entirely inconsistent and incompatible with the Nigerian
Constitution of 1999 [as amended] and the country’s international
anti-corruption obligations including under the UN Convention against
Corruption and the African Union Convention on Preventing and Combating
Corruption to which Nigeria is a state party.”
“SERAP notes that corruption threatens the injunction that government
must be accountable, responsive and open; that public administration
must not only be held to account but must also be governed by high
standards of ethics, efficiency and must use public resources in an
economic and effective manner.”
“Under the proposed bill, the limited independence that the EFCC enjoys
will be substantially undermined, as the commission will now effectively
become a body of the executive government, thus creating heightened risk
of political interference in the work of the commission.”
“The government would seem to be secretly pushing the proposed bill to
amend the EFCC Act, as there is no public consultation or public hearing
regarding the contents of the bill.”
“Specifically, section 15 subsection (5) of the Constitution requires
your government to abolish all corrupt practices and abuse of power.”
“Similarly, articles 6 and 36 of the UN Convention against Corruption
require your government to ensure the existence of an anti-corruption
body specialised in preventing corruption and combating corruption
through law enforcement which must be granted the necessary independence
and be able to carry out its functions effectively and without any undue
influence.”
“Further, articles 3 and 5 of the African Union Convention on Preventing
and Combating Corruption require your government to respect human
rights, the rule of law, and promote social justice, as well as
establish, maintain and strengthen independent national anti-corruption
authorities or agencies.”
“SERAP is gravely concerned that the proposed bill by your government
will endanger the commission’s independence and integrity, as well as
seriously undermine its ability to effectively prevent, investigate and
prosecute cases of grand corruption and economic crimes.”
“The repressive Companies and Allied Matters Act [CAMA] 2020 was rushed
through the National Assembly and passed apparently without any public
consultation or public hearing. This secretive approach to passing and
signing legislation is antithetical to any basic notion of the rule of
law and democratic governance.”
“According to Professor Itse Sagay-led Presidential Advisory Committee
Against Corruption, your government is reportedly pushing a bill to
amend the Economic and Financial Crimes Commission [EFCC] Act, 2004.”
“The committee has stated that ‘the Executive Chairman of the EFCC will
be replaced with a Director-General who is effectively to be appointed
by the Attorney-General.”
“‘Section 11 of this proposed bill provides that nobody may be appointed
or seconded to the new Agency being proposed, unless he is first
screened by the Directorate of State Security and approved by the said
Agency. Under the proposed Act the Annual Report of the EFCC is not to
be submitted to the National Assembly until it has been passed through
the Attorney-General for onward transmission to the National Assembly.'”
SERAP therefore urged President Buhari to:
1. Urgently instruct Mr Malami to withdraw the proposed bill in the
public interest, and to publicly commit to upholding the independence,
integrity and effectiveness of anti-corruption agencies in the country,
including the EFCC;
2. Publicly uphold constitutional and international standards on
the independence, integrity and effectiveness of anticorruption
agencies, including the EFCC;
3. Take meaningful and effective measures to promote and strengthen
the independence and effectiveness of anti-corruption agencies in the
country, and ensure that they are free from any undue influence;
4. Ensure that heads of anti-corruption agencies are appointed
through a process that ensures their apolitical stance, impartiality,
neutrality, integrity and competence