Socio-Economic Rights and Accountability Project (SERAP) has sent an
\nopen letter to President Muhammadu Buhari urging him to “urgently
\ninstruct Mr. Abubakar Malami, SAN, Minister of Justice and Attorney
\nGeneral of the Federation to withdraw the proposed executive bill to
\namend the Economic and Financial Crimes Commission [EFCC] Act, which if
\npassed and signed into law will severely undermine the commission’s
\nindependence, and render it a ‘toothless bulldog or toothless tiger’.”<\/p>\n
The Presidential Advisory Committee Against Corruption headed by
\nProfessor Itse Sagay had last week reportedly raised concerns that “the
\ngovernment is pushing a bill to amend the EFCC Act, 2004, which will
\ndemolish the anti-corruption infrastructure of Nigeria, and confer an
\nenormous power of control of the anti-graft agency on the office of the
\nAttorney General of the Federation.”<\/p>\n
In the letter dated 19 September 2020 and signed by SERAP deputy
\ndirector Kolawole Oluwadare, the organization said: “The bill, which is
\napparently designed to undermine the independence, integrity and freedom
\nof action of anti-corruption agencies, ignores the seriousness of grand
\ncorruption and its impact on Nigerians’ human rights, the rule of law,
\nprinciples of good governance, development, as well as the threat
\ncorruption poses to the country’s constitutional order.”<\/p>\n
According to SERAP: “By pushing to turn the EFCC into a department in
\nthe Federal Ministry of Justice, and effectively bring it under the
\ncontrol of the Attorney General; and to subject the appointment of the
\nagency’s head to the approval of the Directorate of State Security, your
\ngovernment would seem to indicate that it is not interested in combating
\ncorruption and halting its putrefying effects.”<\/p>\n
The letter, read in part: “We would be grateful if the requested action
\nand measures are taken by your government. Should the proposed bill be
\npassed and signed into law, SERAP would take all appropriate legal
\nactions to challenge its legality, in the public interest, and to ensure
\nthat anti-corruption agencies in Nigeria can operate independently and
\neffectively.”<\/p>\n
“SERAP contends that Nigeria’s constitutional and international legal
\nobligations to respect, protect, promote and fulfil the human rights of
\neveryone inevitably create a duty on your government to establish
\nindependent and efficient anti-corruption mechanisms.”<\/p>\n
“This bill is entirely inconsistent and incompatible with the Nigerian
\nConstitution of 1999 [as amended] and the country’s international
\nanti-corruption obligations including under the UN Convention against
\nCorruption and the African Union Convention on Preventing and Combating
\nCorruption to which Nigeria is a state party.”<\/p>\n
“SERAP notes that corruption threatens the injunction that government
\nmust be accountable, responsive and open; that public administration
\nmust not only be held to account but must also be governed by high
\nstandards of ethics, efficiency and must use public resources in an
\neconomic and effective manner.”<\/p>\n
“Under the proposed bill, the limited independence that the EFCC enjoys
\nwill be substantially undermined, as the commission will now effectively
\nbecome a body of the executive government, thus creating heightened risk
\nof political interference in the work of the commission.”<\/p>\n
“The government would seem to be secretly pushing the proposed bill to
\namend the EFCC Act, as there is no public consultation or public hearing
\nregarding the contents of the bill.”<\/p>\n
“Specifically, section 15 subsection (5) of the Constitution requires
\nyour government to abolish all corrupt practices and abuse of power.”<\/p>\n
“Similarly, articles 6 and 36 of the UN Convention against Corruption
\nrequire your government to ensure the existence of an anti-corruption
\nbody specialised in preventing corruption and combating corruption
\nthrough law enforcement which must be granted the necessary independence
\nand be able to carry out its functions effectively and without any undue
\ninfluence.”<\/p>\n
“Further, articles 3 and 5 of the African Union Convention on Preventing
\nand Combating Corruption require your government to respect human
\nrights, the rule of law, and promote social justice, as well as
\nestablish, maintain and strengthen independent national anti-corruption
\nauthorities or agencies.”<\/p>\n
“SERAP is gravely concerned that the proposed bill by your government
\nwill endanger the commission’s independence and integrity, as well as
\nseriously undermine its ability to effectively prevent, investigate and
\nprosecute cases of grand corruption and economic crimes.”<\/p>\n
“The repressive Companies and Allied Matters Act [CAMA] 2020 was rushed
\nthrough the National Assembly and passed apparently without any public
\nconsultation or public hearing. This secretive approach to passing and
\nsigning legislation is antithetical to any basic notion of the rule of
\nlaw and democratic governance.”<\/p>\n
“According to Professor Itse Sagay-led Presidential Advisory Committee
\nAgainst Corruption, your government is reportedly pushing a bill to
\namend the Economic and Financial Crimes Commission [EFCC] Act, 2004.”<\/p>\n
“The committee has stated that ‘the Executive Chairman of the EFCC will
\nbe replaced with a Director-General who is effectively to be appointed
\nby the Attorney-General.”<\/p>\n
“‘Section 11 of this proposed bill provides that nobody may be appointed
\nor seconded to the new Agency being proposed, unless he is first
\nscreened by the Directorate of State Security and approved by the said
\nAgency. Under the proposed Act the Annual Report of the EFCC is not to
\nbe submitted to the National Assembly until it has been passed through
\nthe Attorney-General for onward transmission to the National Assembly.'”<\/p>\n
SERAP therefore urged President Buhari to:<\/p>\n
1.\u00a0 \u00a0 \u00a0 Urgently instruct Mr Malami to withdraw the proposed bill in the
\npublic interest, and to publicly commit to upholding the independence,
\nintegrity and effectiveness of anti-corruption agencies in the country,
\nincluding the EFCC;
\n2.\u00a0 \u00a0 \u00a0 Publicly uphold constitutional and international standards on
\nthe independence, integrity and effectiveness of anticorruption
\nagencies, including the EFCC;
\n3.\u00a0 \u00a0 \u00a0 Take meaningful and effective measures to promote and strengthen
\nthe independence and effectiveness of anti-corruption agencies in the
\ncountry, and ensure that they are free from any undue influence;
\n4.\u00a0 \u00a0 \u00a0 Ensure that heads of anti-corruption agencies are appointed
\nthrough a process that ensures their apolitical stance, impartiality,
\nneutrality, integrity and competence<\/p>\n
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…<\/p>\n","protected":false},"author":1,"featured_media":49993,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-75863","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n