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Plot To Scrap EFCC Thickens, Bill Seeking To Replace Commission With Agency Under Ministry Of Justice In Circulation

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A plan to scrap the Economic and Financial Crimes Commission (EFCC) is underway. A draft bill, now in circulation, seeks to replace the commission with an agency under the Federal Ministry of Justice under the Attorney-General of the Federation.

It eliminates EFCC’s autonomy and replaces it with an entity to be under the complete control of the Attorney-General and Minister of Justice. The Presidential Advisory Committee Against Corruption (PACAC) exposed the plot last Wednesday.

According to PACAC Chairman Prof Itse Sagay (SAN), the development amounted to “the mother of corruption fighting back”.

The proposed bill

The bill is entitled: “An Act to Repeal the Economic and Financial Crimes Commission (Establishment) Act, 2004 (Act No. 1 of 2004) and enact the Economic and Financial Crimes Commission Act which establishes a more effective and efficient Economic and Financial Crimes Commission to conduct inquiries and investigate all economic and financial crimes and related offenses and for other related matters.”

In several sections, the bill seeks to give the Attorney-General of the Federation (AGF) so much power over the proposed new anti-corruption agency and reduce it to a “mere paper” department under the Federal Ministry of Justice.

For instance, the draft bill proposes a repeal of the EFCC Establishment Act 2004, the scrapping of the commission, and its replacement with a department in the Federal Ministry of Justice under the Attorney-General of the Federation.

It also proposes the replacement of the EFCC Executive Chairman with a Director-General to be appointed by the President, based on the recommendation of the AGF, subject to confirmation by the Senate.

Section 8 of the bill reads in part: “There shall be for the commission, a Director-General who shall be appointed by the President on the recommendation of the Attorney-General, subject to the confirmation by the Senate.

“Subject to the provisions of Subsection (3) of this section, the Director-General shall be a retired or serving member of any government institution, including any security or law enforcement agency not below the rank of a director or its equivalent or a person from the private sector.

“A person shall not be appointed as a Director-General unless he is of proven integrity and has 15 years cognate experience in security, forensic or financial crimes investigation; forensic accounting or auditing; or law practice or enforcement relating to economic and financial crimes or anti-corruption.”

The proposed law restates the power of the AGF to discontinue the prosecution of criminal cases as guaranteed in Section 174 of the 1999 Constitution and empowers him to cancel the prosecutorial power of the EFCC when he sees fit.

Section 45 of the new bill states that the AGF may, after notifying the EFCC, intervene in court proceedings, at first instance or on appeal,  where, in the opinion of the AGF, public interest, the interest of justice, and the need to prevent abuse of legal process so demand.

It further reads: “On receipt of the notice under subsection (2) of this section, the commission shall hand over to the Attorney-General the prosecution file and all documents relating to the prosecution and provide him with such other information as he may require on the matter within the time specified by him.

“The commission shall furnish returns of all cases handled by it annually and in such manner and at such intervals as the Attorney-General shall direct.

“Where the commission fails to comply with the provisions of this section, the Attorney General may, subject to prevailing circumstances, revoke the power to prosecute from the commission.”

The draft bill states that the chairman and members of the management board shall be appointed by the President, on the recommendation of the Attorney-General subject to confirmation by the Senate; and for a period of four years in the first instance, renewable for another period of four years and no more.

The Secretary of the EFCC, which is a creation of Section 8 of the existing EFCC Act, is not mentioned in the new bill, indicating that the position has been scrapped.

Other proposals are the replacement of the EFCC Board with directors to be appointed by the Attorney-General, and the elimination of the position of the Secretary of the EFCC, who PACAC said is a critical officer who serves as the institutional memory and the administrative head of the agency.

According to PACAC, Section 11 of the proposed bill provides that nobody may be appointed or seconded to the new agency unless he is screened and approved by the Department of State Services (DSS).

Under the bill, the EFCC’s annual report 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; thus making the Attorney-General the reporting officer of the agency rather than the Chairman or the Director-General, as the new bill is proposing.

Frosty relationship

The EFCC under the watch of its suspended Acting Chairman, Ibrahim Magu, had a strained relationship with AGF Abubakar Malami (SAN), who accused Magu of insubordination and re-looting of recovered funds.

It has also complained that Magu often failed to forward case files bordering on corruption to the AGF’s office. Rather the EFCC proceeded to court, a situation which Malami felt was, among others, unprocedural.

The power play between both men resulted in Magu’s arrest last July by a combined team of Department of State Services personnel and.

He has since been replaced by EFCC Director of Operations, Mohammed Umar, pending the conclusion of the ongoing investigation and further directives. Since Magu’s axing, President Muhammadu Buhari reportedly suspended 10 senior officials of the EFCC.

Magu’s suspension followed an all too familiar trend of top bosses of the anti-graft agency facing the axe in very questionable ways for allegedly questionable behaviour.

Stakeholders alarmed

The new bill has evoked alarm in many stakeholders. They are particularly concerned by the AGF’s (exercise of his constitutional right) of filing of nolle prosequi (discontinuance of a criminal proceeding) in respect of major political and governmental figures.

Frustrated corruption cases

According to one of such stakeholders, the Civil Society Network Against Corruption (CSNAC), the AGF’s office is to be blamed for many stalled high profile corruption cases. It cited the trial of a former Kogi State Senator Mr. Dino Melaye, as one of the high profile cases allegedly stalled by the AGF’s office.

It made the allegation in a petition titled “Illegal takeover of the case file of Senator Dino Melaye on the operation of foreign bank accounts and obstruction of justice by the Attorney General of the Federation and Compromise of Prosecutions”  signed by its Chairman, Mr. Olanrewaju Suraju.

Following allegations of running a foreign account, some with fictitious names, the rights group petitioned the Code of Conduct Bureau (CCB), requesting for prosecution.

It said the bureau in a reply dated May 22, 2018, stated that it had transferred the case file to the Ministry of Justice on the request of the Attorney-General.

Similarly, a coalition of about 150 civil societies on August 3, in a petition to President Muhammadu Buhari, also listed about 14 cases bordering on corruption said to have been stalled by the office of the AGF which they said threatened the prospect of future of anti-corruption campaigns.

The coalition alleged that, that on November 18, 2018, Mr. Malami, through a lawyer from his office, Mr. Pius Akuta, came to Lagos High Court to withdraw a case of fraud filed by EFCC against one Dr. John Abebe, a businessman and younger brother to the late Stella Obasanjo but the EFCC resisted the illegal move before Justice Mojisola Dada of Ikeja High Court on the ground that the AGF had no constitutional power to take over a case filed in Lagos High Court.

Other allegations listed included the withdrawal of the case against the Chairman, Code of Conduct Tribunal (CCT), Mr Danladi Yakubu, for criminal charges, demand for the withdrawal of the cases against Bello Adoke, Diezani Alison-Madueke, and others involved in the Malabu scandal, and his alleged halting of investigation of fraud in the Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NISRAL).

BIG STORY

Video Footage Of Lekki Shooting Will Be Submitted To Judicial Panel —- Gov. Sanwo-Olu

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Babajide Sanwo-Olu, governor of Lagos state, says the video footage of the shooting at Lekki tollgate will be submitted to the judicial panel on police brutality.

The governor said this during a live programme on ARISE TV on Thursday.

”Nobody ordered the removal of cameras at the Lekki tollgate. The MD of LCC said because of the curfew, they made the decision to take out installations,” he said.

”The cameras you saw are not security or motion cameras, they are laser cameras for vehicles. The security cameras are still available and we are using them for our security investigations.”

On Tuesday, soldiers opened fire on protesters who had converged on the tollgate to protest against police brutality.

The judicial panel was set up following protests against police brutality. It has already commenced sitting.

More to follow…

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BIG STORY

Buhari Must Address Nigerians, Senate Spokesperson, Ndume Insist

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The Spokesperson for the Senate, Dr. Ajibola Basiru, and the Chairman, Senate Committee on Army, have asked the President, Major General Muhammadu Buhari (retd.), to comply with the National Assembly’s resolutions on the ongoing nationwide protests against police brutality and bad governance.

Part of the resolutions of the federal lawmakers included an appeal to Buhari to address the nation immediately on the issue.

Basiru and Ndume lamented the current situation in the country, especially the killing of innocent protesters by soldiers.

Ndume said, “I have monitored with shock and personal indignation, the turnout of events on the #EndSARS protest with evidence of obvious descent of the country, particularly in the South-West of Nigeria, after the reckless and disturbing incident at Lekki Tollgate on Tuesday evening.

“As a student, who was involved in several protests, I see no reason for the display of outright recklessness by shooting into unarmed protesters by whoever; governmental or otherwise.

“As an elected representative of the people of Osun Central in the Senate, I deprecate the clear lackadaisical attitude of the Federal Executive to the lingering anarchy and destruction of lives and property.

“At the sitting of the Senate on Tuesday, October 20, 2020, it was resolved that the President should address the nation, not knowing that the evening of that day will bring about more sinister dimensions to the already deteriorated situation.”

Ndume also insisted that Buhari must address the nation immediately in order to reduce the tension.

He said, “Mr President should talk to Nigerians. The Senate has passed a resolution, even though it is advisory, I think it is worth giving the necessary consideration. The parents of the protesting youths should also calm down their children.

“Those who are protesting now should know that the government has accepted their demands. They should be organized under a leadership, which will now follow up on the five-point demand, which the government is already considering.

“Any unconnected process without leadership would always end up in chaos,” he added.

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BIG STORY

#EndSARS Mayhem: I Instructed My Boys To Target Tinubu And His Investments —– Nnamdi Kanu [Audio Attached]

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Leader of the outlawed group, IPOB Nnamdi Kanu has claimed responsibility for the mayhem that followed the #EndSARS protests in Lagos this week.

In a monitored phone-in program on Radio Biafra, Kanu pointedly claimed ” I gave instructions that my members must target Tinubu and his investments. Now, his hotel is in flames” he said boastfully

The Biafra leader vowed to relentlessly pursue Tinubu to anywhere he may be in Europe. ” We will track him down and make him see the anger of IPOB, the largest mass movement in the world. Just track him for me” he said

Shedding light on his involvement in the statewide mayhem, Kanu revealed that he asked his members to infiltrate the #EndSARS protesters and team up with the protesters, ” so we can make the country ungovernable. Our aim is very clear ”

“This will continue until we achieve our purpose of breaking the country or until people in the zoo realize that they have to let Biafra be” he vowed.

Listen to all he said below:

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