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July 4, 2013

Activists, lawyers differ on planned merger of ICPC, EFCC

EFCC Chairman, Ibrahim Lamorde and ICPC Chairman, Mr. Ekpo Nta 

EFCC Chairman, Ibrahim Lamorde and ICPC Chairman, Mr. Ekpo Nta

Activists and legal practitioners have expressed divergent opinions on the planned merger of government’s anti-graft agencies, the Economic and Financial Crimes Commission and the Independent Corrupt Practices and other related Offences Commission.

The proposed merger of the two agencies is said to have received the approval of the Federal Executive Council and it is part of the restructuring in the public service.
The restructuring, according to spokesman for President Goodluck Jonathan, Reuben Abati, will see 220 government parastatals scrapped.
The merging of the EFCC and the ICPC is part of recommendations made by the Steve Orosanye-led Presidential Committee on Rationalisation and Restructuring of Federal Government Parastatals, Commissions and Agencies.
However, in separate interviews with our correspondents on Wednesday, many prominent legal practitioners and civil society groups differed in their opinions about the benefit or otherwise of such a merger.
A senior lawyer, Prof. Itse Sagay, SAN; EFCC counsel, Rotimi Jacobs, SAN, and Chief Godwin Obla; as well as Malam Yusuf Ali, SAN, were among the legal personalities that expressed their minds about the merger of the two anti-corruption bodies.
Sagay said, “I am not comfortable with the idea. I think the two anti-graft agencies are beginning to specialise. There is a tendency by the ICPC to go after corruption by public officers.
“They have a rigorous training programme that involves paramilitary instructions.
“EFCC is dwelling on both public corruption and corruption in the private sector.
“If we merge them, I think it is going to reduce the energy of the anti-corruption campaign. I don’t think it is a good idea.”
Jacobs explained that the effect of the merger on the anti-corruption campaign would depend on the motive behind the plan.
“It is a proposal;  you can’t merge two agencies without changing the law,” he said.
Asked if the planned merger would improve the anti-corruption campaign, Jacobs said, “Depending on the intention behind it. If it is well intended, it would strengthen the anti-corruption war, but if it is not well intended, it will be counterproductive.”
Obla in his contribution said, “They have different functions, how are you going to integrate them? You have to go back to the National Assembly.”
He also said that it would be difficult to determine what effect such a merger would have on the anti-graft war  at the moment “because it is the new law that will determine whether the anti-corruption war will be given a new bite or whether it will be weakened. It is better we wait for the new law.”
On his part, Ali expressed confidence that merging the two bodies was the right step in the right direction in the fight against corruption.
Ali said, “The work of the EFCC and ICPC has been known to be overlapping and sometimes it could be very confusing.
“If you look at the ICPC Act it has more to do with corruption, EFCC has more to do with money laundering but their functions overlap. If the merger could lead to more efficiency, then it is welcome.
“If right from the beginning the two agencies have been joined in one body nobody would have complained about it.”
The Campaign for Democracy said the proposal was “an acknowledgment by government that the two organisations can no longer continue to exist under a duplicated basis of operation.”
The President of CD, Dr. Joe Okei-Odumakin, urged Nigerians to acknowledge the fact that while the EFCC had in the past secured few high profile convictions for corruption charges, “there has been no major landmark conviction secured by the ICPC.”
She said, “This has recently become applicable to the EFCC. Be that as it may, the political will of any government is what is really required in the fight against corruption.
“While anticipating that this merger will further strengthen the institution for fighting the menace of corruption, the government must also go back and address the basic factors that can enhance an effective performance of anti-corruption bodies.
“This has to be done by a proper review of the legislative framework of the organisation and the willingness of the government to make the welfare of the anti-corruption operatives a top priority. This has been a major impediment in the fight against corruption in Nigeria.
“Nigeria must focus more on institutionalised anti-corruption campaign not by the name or number of bodies saddled with the responsibilities alone, but utmost by the determination and political will of the nation’s leadership to fight corruption.”
When contacted by one of our correspondents, spokesman for the ICPC, Mr. Folu Olamiti, refused to comment on the development.
 “No comments,” he told one of our correspondents.
His counterpart in the EFCC, Mr. Wilson Uwujaren, said he was at a meeting and promised to call back but did not do so up till the time of filing this report.

 

 

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