The
job of the Chairman of the Economic and Financial Crimes Commission,
Mrs. Farida Waziri, may be on the line. On Wednesday, a bill seeking to
make the headship of the anti-graft agency the exclusive preserve of
retired justices of either the Court of Appeal or Supreme Court passed
the second reading.
If the bill sails through both chambers of the National Assembly, Waziri might be asked to leave the seat. At best, she would not be allowed a second term at the end of her tenure next year.
Waziri, who assumed office in May 2008, is not a retired justice of either the Court of Appeal or Supreme Court but a retired Assistant Inspector General of Police.
The bill seeking to amend the EFCC Act, 2004, is sponsored by a member of the House from Cross River State, Mr. Bassey Ewa.
The bill passed second reading at the House on Wednesday after lawmakers debated it.
Ewa claimed that the EFCC, as presently constituted, was deficient in prosecuting corruption cases.
He said that the commission’s modus operandi had been to file charges it could not substantiate in court.
According to him, the commission can file up to 500 charges against a suspect “and one by one, these charges do not hold in court” because the agency is not receiving proper guidance from its leadership.
In his view, a retired judge will do a better job because such a person has the experience of knowing what charges can be sustained in court.
He said he wanted the EFCC to be headed by a retired judge as was the case with the Independent Corrupt Practices and other Related Offences Commission, which Ewa claimed had done “more successful prosecutions than the EFCC.”
The lawmaker blamed part of the alleged weaknesses of the EFCC on the absence of an investigation unit.
He proposed the creation of a unit charged with investigation in the agency to be headed by an Assistant Inspector-General of Police, “either retired or serving.”
While the Senate declined comment on the bill, preferring to await its coming, the EFCC on Wednesday described the allegations against the commission as “cheap blackmail.”
Leader of the Senate, Victor Ndoma-Egba, said, “We have not seen the bill, we cannot say anything until it comes.
“I will not be able to aggregate what all the senators will be thinking right now, so let’s wait.”
Spokesperson for the EFCC, Mr. Femi Babafemi, said, “The allegation by the House of Representatives is invalid because there has never been any case filed by the commission in court that has ever been thrown out for lack of evidence.
“So how does anyone come out with the allegation that we rush to court without proper investigation? That is a cheap blackmail.”
He, however, declined to speak on the Bill for the appointment of a retired Justice of the Supreme Court or Court of Appeal, saying he had no details yet.
Some lawmakers in their contributions to the debate alleged that the EFCC had become a political tool.
Mr. Kamil Akinlabi told the House that the agency would “rush to court with all manner of charges” just to satisfy alleged political interests.
“The EFCC is being used as a political tool. When you have a retired judge as the head of the EFCC, they will do a thorough investigation before rushing to courts”, he added.
Mr. Uzor Azubuike shared the same views, accusing the commission of “operating from the presumption that the accused is already guilty.”
Mr. Emmanuel Jime supported the bill on the grounds that it would be the first step to restructuring the EFCC and the ICPC.
“The mentality of those fighting corruption at the EFCC right now is not consistent with the rule of law.
“We cannot fight corruption in a manner that is not consistent with the law”, Jime stated.
Lawmakers passed the bill in a unanimous voice vote to the Joint Committee on Justice, Drugs, Narcotics and Financial Crimes for further deliberations.
It is unclear whether the Senate will concur to the bill after it has scaled third reading at the House.
Last week, a proposal by the Chairman of the Senate Committee on Rules and Business, Mr. Ita Enang, to merge the EFCC and the ICPC, failed on the floor of the Senate.
Meanwhile, constitutional lawyer, Prof. Itse Sagay, SAN, said the bill by the Reps might not achieve the desired results. He said the effectiveness of the anti-graft agency depended on the person heading it.
Sagay said, “The appointment of a retired judge may not necessarily achieve the purpose the House of Representatives may be talking about. It depends on the personality of the EFCC chairman. A retired Police officer will be relevant in the area of investigation.
“But a retired judge is likely to be better and independent than a retired police officer who is like a civil servant that has been in the office taking instructions from somebody as we have seen in many cases.”
A Lagos-based lawyer, Mr. Bamidele Aturu, said appointing retired judges as the chairman of the EFCC would not necessarily enhance the commission’s performance.
Aturu told one of our correspondents on the phone late on Tuesday, “Don’t you realise corruption is a war? Corruption is not a joke. Don’t we have corrupt judges? So the problem will not be solved by appointing retired judges.
“What is important is appointing a person who can do the job. I will even recommend that the law should be amended to allow anybody, whether the person is a policeman, a teacher or whatever could be appointed as the EFCC chairman. What is important is that the person should be courageous and must not be a corrupt person.”
If the bill sails through both chambers of the National Assembly, Waziri might be asked to leave the seat. At best, she would not be allowed a second term at the end of her tenure next year.
Waziri, who assumed office in May 2008, is not a retired justice of either the Court of Appeal or Supreme Court but a retired Assistant Inspector General of Police.
The bill seeking to amend the EFCC Act, 2004, is sponsored by a member of the House from Cross River State, Mr. Bassey Ewa.
The bill passed second reading at the House on Wednesday after lawmakers debated it.
Ewa claimed that the EFCC, as presently constituted, was deficient in prosecuting corruption cases.
He said that the commission’s modus operandi had been to file charges it could not substantiate in court.
According to him, the commission can file up to 500 charges against a suspect “and one by one, these charges do not hold in court” because the agency is not receiving proper guidance from its leadership.
In his view, a retired judge will do a better job because such a person has the experience of knowing what charges can be sustained in court.
He said he wanted the EFCC to be headed by a retired judge as was the case with the Independent Corrupt Practices and other Related Offences Commission, which Ewa claimed had done “more successful prosecutions than the EFCC.”
The lawmaker blamed part of the alleged weaknesses of the EFCC on the absence of an investigation unit.
He proposed the creation of a unit charged with investigation in the agency to be headed by an Assistant Inspector-General of Police, “either retired or serving.”
While the Senate declined comment on the bill, preferring to await its coming, the EFCC on Wednesday described the allegations against the commission as “cheap blackmail.”
Leader of the Senate, Victor Ndoma-Egba, said, “We have not seen the bill, we cannot say anything until it comes.
“I will not be able to aggregate what all the senators will be thinking right now, so let’s wait.”
Spokesperson for the EFCC, Mr. Femi Babafemi, said, “The allegation by the House of Representatives is invalid because there has never been any case filed by the commission in court that has ever been thrown out for lack of evidence.
“So how does anyone come out with the allegation that we rush to court without proper investigation? That is a cheap blackmail.”
He, however, declined to speak on the Bill for the appointment of a retired Justice of the Supreme Court or Court of Appeal, saying he had no details yet.
Some lawmakers in their contributions to the debate alleged that the EFCC had become a political tool.
Mr. Kamil Akinlabi told the House that the agency would “rush to court with all manner of charges” just to satisfy alleged political interests.
“The EFCC is being used as a political tool. When you have a retired judge as the head of the EFCC, they will do a thorough investigation before rushing to courts”, he added.
Mr. Uzor Azubuike shared the same views, accusing the commission of “operating from the presumption that the accused is already guilty.”
Mr. Emmanuel Jime supported the bill on the grounds that it would be the first step to restructuring the EFCC and the ICPC.
“The mentality of those fighting corruption at the EFCC right now is not consistent with the rule of law.
“We cannot fight corruption in a manner that is not consistent with the law”, Jime stated.
Lawmakers passed the bill in a unanimous voice vote to the Joint Committee on Justice, Drugs, Narcotics and Financial Crimes for further deliberations.
It is unclear whether the Senate will concur to the bill after it has scaled third reading at the House.
Last week, a proposal by the Chairman of the Senate Committee on Rules and Business, Mr. Ita Enang, to merge the EFCC and the ICPC, failed on the floor of the Senate.
Meanwhile, constitutional lawyer, Prof. Itse Sagay, SAN, said the bill by the Reps might not achieve the desired results. He said the effectiveness of the anti-graft agency depended on the person heading it.
Sagay said, “The appointment of a retired judge may not necessarily achieve the purpose the House of Representatives may be talking about. It depends on the personality of the EFCC chairman. A retired Police officer will be relevant in the area of investigation.
“But a retired judge is likely to be better and independent than a retired police officer who is like a civil servant that has been in the office taking instructions from somebody as we have seen in many cases.”
A Lagos-based lawyer, Mr. Bamidele Aturu, said appointing retired judges as the chairman of the EFCC would not necessarily enhance the commission’s performance.
Aturu told one of our correspondents on the phone late on Tuesday, “Don’t you realise corruption is a war? Corruption is not a joke. Don’t we have corrupt judges? So the problem will not be solved by appointing retired judges.
“What is important is appointing a person who can do the job. I will even recommend that the law should be amended to allow anybody, whether the person is a policeman, a teacher or whatever could be appointed as the EFCC chairman. What is important is that the person should be courageous and must not be a corrupt person.”
Written by
Akinwale Aboluwade, Ibadan John Ameh, Friday Olokor and Ade Adesomoju
Courtesy Of: Punch 
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