Press Release: DON’T STRANGULATE EFCC 24th September 2007

The attention of the Muslim Rights Concern (MURIC) has been drawn to the attempt of the Minister of Justice and Attorney General of the Federation, Mr. Michael Aondoakaa (SAN), to subject the Economic and Financial Crimes Commission (EFCC) to his authority.

Nigeria’s score-card in accountability has risen steadily since the intervention of the EFCC. Transparency International rated Nigeria the Most Corrupt Country in year 2001, Second Most Corrupt Country in year 2003 and Third Most Corrupt in 2005. Since then, Nigeria’s image has improved tremendously leading to debt forgiveness in 2006. It is also noteworthy that this week, on Monday 17th September 2007, President George Bush of the United States lauded Nigeria’s anti-corruption campaign. All these go to establish the efficacy of the EFCC and the genuineness of its fight against corruption.

A reversal of the EFCC status or its secondment to any ministry will definitely debilitate its fighting machine, kill the morale of its men and create the much-needed lacuna which kleptomaniacs in public offices have been craving for but which EFCC’s doggedness has hitherto denied them.

We warn of the danger inherent in Aondoakaa’s antics. Neither the EFCC, the ICPC or any other anti-corruption agency should be placed under any ministry’s power. These are the people’s weapons for the assurance of checks and balances. Even the Ministry of Justice falls within the constituency of the EFCC. By the powers conferred on the EFCC, the agency should monitor the financies of all ministries. As for the EFCC, no single public officer or ministry should possess the power to curtail its powers. Such power can only be given to the National Assembly and so it is in the law establishing the agency. So what is up Aondoakaa’s sleeves?

We are therefore tempted to ask why Aondoakaa is jittery. What really is on Aondoakaa’s mind. Does he want to be a sacred cow? Is there a hidden agenda in the Ministry of Justice? Shouldn’t the people know how funds are disbursed, when they are disbursed and by who in the nation’s legal department? Nigerians should not allow Aondoakaa to hoodwink them. The law is not on his side. What does the law say?

The EFCC Establishment Act of 2004. Section 6 (i) of the Act empowers the EFCC to monitor government’s (and by implication all ministries including the Ministry of Justice) finances. Section 7 (1) (a) of the same act reaffirms this role. According to Section 6 (o) of the EFCC Act, the agency is only required to maintain a liaison office with the office of the Attorney General of the Federation. This does not confer any power whatsoever on the Juctice ministry because the clause on ‘liaison’ is not limited to the Ministry of Justice as it also requires the agency to maintain a liaison office with the offices of “the Nigerian Customs Service, the Immigration and Prison Service Board, the Central Bank of Nigeria, …the National Drug Law Enforcement Agency, …” Should the Central Bank control EFCC? Should EFCC be put under the control of the Nigerian Customs Service? The answer is very clear.

We therefore assert clearly, unambiguously and unequivocally that any attempt to put the EFCC under the control of the Minister of Justice is illegal, unconstitutional and against the principles of accountability.

MURIC takes Aondoakaa’s vituperations with a pinch of salt. We therefore challenge the Minister to provide the legal basis for his claims within seven days or keep quiet and allow EFCC to clean up this country. We warn people like Aondoakaa to note that EFCC is not alone any more. It has thousands of foot-soldiers marching with solid steps behind it. 

EFCC has given hope to Nigerian youth. Workers who are overworked, underpaid and overtaxed are heaving sighs of relief at the advent of EFCC. Some of the nation’s vandalized infrastructure are roaring back to life with the intervention of the agency. Cynics within the country who no lost faith in the Nigerian dream are already reconsidering their stance. Nigerians in diaspora are now walking tall after the international community recognized Nigeria’s anti-corruption campaign. EFCC has rolled back corruption. It has refocused the Nigerian mentality. The so-called ‘Nigerian factor’ is fast disappearing.

We hereby appeal to President Yaradu’a to critically study the situation. The president should not allow any individual to railroad him into killing the goose that lays the golden egg. EFCC must be allowed to do its job. We call on Nigerians to rally behind the EFCC. It is the only hope this country has to regain its integrity. MURIC predicts that the Nigerian nation will suffer collateral damage if the power of EFCC is reduced at this crucial period.

Dr. Is-haq Akintola
DIRECTOR