The Sun News On-line

In order to avoid the derailment of the anti-corruption campaign, President Umaru Yar’Adua has been called upon to initiate a legal framework that would lead to the independence of the Economic and Financial Crime Commission (EFCC).

Lagos based constitutional lawyer and founder of Freedom Democracy (FD), Steve Adaramoye, made the call while appraising the recent crisis over the study leave recommended for the first EFCC boss, Mallam Nuhu Ribadu.

According to Adaramoye, the control the executive wield on EFCC, the Independent Corrupt Practices Commission (ICPC) and other similar agencies is a negation of the principle of separation of power and smooth running of government business.

In his words: “The president should initiate a legal framework with a view to further strengthening the EFCC in a way that would guarantee its independence. He should concede that independent of EFCC as a matter of sacrifice and commitment to the sustenance of anti-corruption crusade. The EFCC Act 2004 should be sent to the National Assembly with amendment, setting out its independence.”
He spoke further on the need to ensure the practice and observance of the principle of separation power, among other sundry issues.

Merging of EFCC, ICPC, Code of Conduct Bureau
Actually, if you look at our Criminal Code and the Penal Code, all the offences that are branded under those three anti-corruption agencies are well enshrined.
However, for the sake of effectiveness in the management of corruption, in dealing with corruption, those organisations were compartmentalized to reach corrupt individuals within the country. When you are looking at it in that dimension, one might say it is unnecessary merging them.

It is like a situation in which you say the navy, the army and the air force should be merged, simply because all of them are in the business of security. We must not forget that in doing so, we might run into a serious problem of bureaucracy, which has been one of the dangerous evil bedeviling the effectiveness of public institutions. Apart from the EFCC, the other two anti-corruption institutions are not making enough impact in the society.

The Code of Conduct Bureau is a direct creation of the constitution, whereas, the EFCC and ICPC are not. The necessity to create EFCC was informed by the inability to arrest corruption among public office holders by the Code of Conduct Bureau. There is no grounds for merging them unless we want to return the country to the culture of corruption with impunity. Both EFCC and ICPC were created through the Act of Parliament which was quite in order as the lawmakers that enacted the law creating them acted within the ambient of their power under the constitution. At the moment, the three institutions are doing their job with a certain degree of effectiveness.

Independence of EFCC, ICPC
It is not only the EFCC and ICPC that should be made independent of the executive arm of government. Monteisque, who propounded the theory of separation of power in government, never envisaged the kind of anomaly we have in Nigeria. The making of a monstrous octopus executive, which constantly intimidate the other two arms the legislature and the Judiciary is certainly an aberration and a sham. It was a clear mockery of the ethos of the principle of separation of power.

The doctrine of separation of power was conceived to check the arbitrariness and tyranny in government. Each of the three arms is expected to act as checks and balances on each other. The eight years of former President Olusegun Obasanjo clearly showed the grave flaw in our operation and practice of the separation of power and Federal Government. You will agree with me that, a situation whereby the executive controls the EFCC, ICPC, the police, the Independent National Electoral Commission (INEC), funding of the judiciary, among others, could not be described as observing the principle of separation of power, except in breach.

My view is that until we make these institutions independent by removing them from under the overbearing domination of the executive, especially, their funding, we would not have free and fair election, the operations would always be subjected to interference by the power that be.

Orji Uzor Kalu’s observation
I will like to align my view with the position the former Abia State governor, Orji Uzoh Kalu on EFCC operation. Although, he is not a lawyer, his argument on the need for total independence of EFCC was underscored when he said that EFCC was teleguided by ex-president Olusegun Obasanjo, while in office to settle political score with his opponents.

Let me tell you, under interference in the operation of our nation’s security agencies, especially, the police, might have inform the shoddy manner in which investigations into some high profile murder cases were handled. The case of the late Attorney General of the Federation, Chief Bola Ige was a good example of how not to handle a murder case. It was a shame.

Exit of Ribadu and anti-corruption war
Well, the exit of Mallam Nuhu Ribadu from EFCC should not be allowed to derail the war against corruption. In fact, President Umaru Yar’Adua should initiate a legal framework, with a view to further strengthening the organisation by guaranteeing its total independence. He should concede that as a matter of sacrifice and commitment to sustain the anti-corruption campaign, the EFCC Act 2004 should be sent back to the National Assembly for amendment, making it independent of executive arm of government.
I don’t think Yar’Adua would stop the war against corruption. I see him as a man of his words.