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Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

2007-08-08

Re: Solomonsydelle, Will The EFCC Become A Weaker Entity?

Solomonsydelle writes
The previous administration constantly proclaimed the independent nature of the EFCC and swore that it was not interfering with its prosecutorial abilities. Nigerians did not believe. However, once Nuhu Ribadu started throwing former governor's into Abuja's Kuje prison, Nigerians began to hope that some parts of the governmental structure were actually independent and not corrupt.To now limit the EFCC by referring to the EFCC Act of 2004, which apparently allows the Justice Minister to make rules or regulations with respect to the exercise of any of the duties, functions or powers of the EFCC, will only return Nigerians to the mindset that some powerful former officials will escape the chokehold of the law.

My 2 cents;
I do think reining in the EFCC is a step in the right direction, that is, in the long run. In the short run it may seem like the EFCC is loosing some of its power. Upon closer review this new arrangement will lead to a tighter integration of the EFCC into the justice system. The focus should be on how to restructure the the Judiciary arm of government in such a way that it would be allowed to operate with some level of independence. Inasmuch as desperate situations call for desperate measures, I find it difficult to separate the EFCC from Nigeria's history of military rule. The EFCC has done a fairly good job its time to move on and become a more grown up body.

Solomonsydelle subsequently left the following comment;
I, however, must disagree with you. Your last statement in particular - "The EFCC has done a fairly good job its time to move on and become a more grown up body." does not make sense at this time. The EFCC has done nothing yet. It now needs to step up investigations and bring as many frauds to justice. Nigeria is still a nation where knowing the right people can and does protect you from the arm of the law.My concern is that agencies like EFCC need to be INDEPENDENT and not subject to a Minister of Justice who might use his position to stifle prosecution of his peers and friends.That is THE concern. And, until we reach a point in Nigeria where we are confident that such will not happen, the move to subject EFCC to Mr. Aondoakaa's potential 'whims' is a bad one. Just my opinion.I also notice that you took a quote from my post. In response to your comment, I must provide the very next paragraph from the post, which I hope answers some of your concerns. "Now, I firmly believe in coordination and agree that all parts of the anti-corruption campaign work in sync. However, I cannot help but worry that by subjecting the EFCC to the Attorney General's decisions could limit the number of prosecutions and thus hamper justice. I hope that Michael Aondoakaa, who has achieved the status of SAN, will relieve the fears of Nigerians by giving us a clear picture of the IMPARTIAL guidelines by which the EFCC, ICPC and Code of Conduct Tribunal may move towards prosecutions... That, I believe, is the most effective way to do 'damage control' and keep the country on the right track in its quest to stamp out corruption."


My response is as follows;

Granting agencies like the EFCC a blank check, is a disaster waiting to happen. All that is required is for one hot-headed retired police chief, funded by some disgruntled elements in the Nigerian political space, to become the head of the EFCC. (Don't you love it when Nigerian news agencies use the word 'disgruntled'). Also almost every single problem plaguing our country can be traced to a lack of planning and/or a failure to implement the plan agreed upon. I see agencies and independent bodies as the symptoms of a failed public sector. The EFCC exists in the first place because the Justice Ministry has slacked off on its duties. So the question here is should Nigeria continue with the patch-patch approach (short term solution) or should home country look into restructuring its public sector? (long term sustainable solution). At best quick fixes keep the man on the streets appeased. They often disappear just the way they arrived int he first instance, once the purpose. I do believe the problem of corruption of public officers is that of deterrent, we can not keep going after the politicians post-stolen-money. It ought to be the other way around, whereby the punishment is so stiff that dipping ones hands in the public coffers remain unattractive. EFCC may have worked in the Obasanjo era, but for the sake of continuity and sustainability Yardua's move get two thumbs up from me.
Revision
With Nigeria you just never know. Word on the underground is that Yardie was pressurized into the decision because it was time to prosecute a particular sponsor of Yardie's campaign..Hmmm..
We no go gree o..we no go gree.

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