THE RELATIONSHIP BETWEEN EFCC AND OTHER
LAW ENFORCEMENT AGENCIES
It
is a truism to say that both organizations are responsible for the tackling of
issues that has to do with corruption and with specific interest in financial
crimes. A vivid example is the provisions of sections 8-26 of the Corrupt
Practices and Other Related Offences Act which provides for offences. Also,
sections 12 and 13 made provisions for fraudulent acquisition of property and
also the receipt of property. The E. F.C.C. also made provisions in sections 18
(i,a, b,c) of the E.F.C.C. Establishment Act on the acquisition, possession or
use of property knowing at the time of its acquisition that it was derived from
an offence.
Besides the fact, that both of them are mostly
concerned with financial crimes, it is also sufficient to know that the
constitution recognizes that the two organizations can initiate criminal
proceedings and that is the narrow point of issue that was called for
determination in the case of Osahon v. Federal Republic of Nigeria, a decision
which is not a detraction or subtraction from the powers specifically vested in
the
Attorney-General under section 1742 of the Constitution Federal
Republic of Nigeria. Notwithstanding, the fact that these agencies can on their
own initiate criminal proceedings arising from the Acts creating them, the Attorney-General
is empowered under the Constitution to take over and continue such criminal
proceedings.
Despite their relationship, it would
be a gross abuse of legal process and an antithesis to the interest of
justices, if both I.C.P.C. and E.F.C.C.
are prosecuting contemporaneously, the same set of accused
persons in respect of similar or identical offences. A few judicial authorities
on the power of the Attorney-General considered is seen in the case of Shittu Layiwola and 3 Ors v. The Queen
and State v. Obasi.
It is also vital to note the current
happenings in their relationship which is the issue of disagreement.
There is a sharp disagreement between the independent Corrupt Practices and
other Related Offences Commission and the Economic and Financial Crimes
Commission. over the setting up of an anti-corruption committee in
ministries, departments and agencies. While the E.F.C.C. has issued
a circular to raise the Committee within seven days, for budget tacking,
I.C.P.C. has written a counter-circular to civil servants to ignore any
directive from the E.F.C.C. The circular reads “the attention of the chairman,
I.C.P.C. has been drawn to a circular, from the E.F.C.C. directing
the establishment of anti-corruption and transparency committee in all
ministries, departments and agencies.
This is not in accordance with the Federal
Government circular, by which the I.C.P.C. had already established
over 300 Anti-Corruption and transparency monitoring Units (ACTUS) in all
ministries, departments and agencies. It is believed that the E.F.C.C. is
probably not aware of the existence and spread of ACTUS and the
guidelines established by the standing order or that he I.C.P.C. is governing
their composition, functions and operations. But the E.F.C.C. in its circular
signed by its coordinator for strategy and re-orientation unit, Mr. Ben Goong,
insisted that it would required immediate setting up of the committee for
effective budget tracking. In addition to this, investigations
revealed that the then I.C.P.C., chairman, Justice Emmanuel Ayoola (Rtd)
complained about duplication of the functions of I.C.P.C. It is also said apart
from the establishment of the anti-corruption corps committee, E.F.C.C. is
planning to float anti-corruption corps which I.C.P.C. had established
throughout the Federation.
It is
in the opinion of the writer, that if an old order is not working, the I.C.P.C.
should give room for change. The anti-corruption drive cannot be static.
Hence, what has I.C.P.C. achieved with the committees purportedly set up over
the years? Since its establishment, I.C.P.C recorded only 15 convictions
compared to the records of E.F.C.C. Beside, there has been persistent calls
that I.C.P.C. and E.F.C.C. should be merged. Maybe the time for the merger of
the two commissions has come now.