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There is a strong allegation of bribery involving an oil magnet
and a prominent member of the panel investigating the fuel
subsidy scam in the National Assembly. This new twist will
further dent the integrity of the legislative chamber, business
community and Nigeria as a whole.
While there are several anti-corruption agencies in the
country, there are no clear demarcations on which of them
should be responsible for investigating and prosecuting the
case as they simply duplicate their mandates. Multiplication
of agencies performing similar roles have been drains on
nation’s purse.
The cost of governance in Nigeria is one of the highest and
most expensive in the world. The dubious duplication of
functions, financial recklessness, nepotism and cronyism in
recruitments are largely influenced by the establishments of
unnecessary agencies, which also promote corrupt practices.
In an effort to address the high cost of governance, a
Presidential Committee on the Rationalisation and
Restructuring of Federal Government Parastatals was
established. Led by former Head of the Civil Service of the
Federation, Steve Oronsaye, the committee has proposed
some positive initiatives as well as some controversial
suggestions. While the committee recommends far-reaching
decisions to reduce the excessive overhead and recurrent
expenditures, which in some quarters have been translated to
mean retrenchment of workers, the report indeed exposes
duplication of responsibilities and schedules of duty among
agencies of government.
The committee was able to adhere strictly to its terms of
reference which include; to study and review all previous
reports/records on the restructuring of Federal Government
parastatals and advise on whether they are still relevant, to
examine critically the mandates of the existing Federal
agencies, parastatals and commissions and to determine
areas of overlap or duplication of functions, and make
appropriate recommendations to either restructure, merge or
scrap the duplicates.
The key recommendations of the report include the abolition of
38 agencies, 52 mergers and reversion of 14 agencies to
departments in their relevant ministries. Generally, it
suggested that statutory commissions should be reduced
from 263 to 161. It further recommends a management audit
of 89 agencies to capture biometric features of their
employees as well as discontinue government funding of
professional bodies and councils. The Committee stated that
it found duplications and overlaps in the mandates of many
agencies and parastatals, noting that successive
administrations established these agencies without regard to
existing laws. The report indicated that the Federal
Government will be saving about N1 trillion within 3 years of
implementation.
It is noteworthy that some agencies could be strengthened
with added empowerment through mergers for instance the
proposed National Emergency Management and Refugee
Commission (NEMAREF) and Revenue Mobilisation
Allocation and Fiscal Commission (RMAFC) that may be
saddled with fixing salaries of public servants and to takeover
functions Fiscal Responsibility Commission (FRC) which was
created by former President Olusegun Obasanjo few years
ago.
Meanwhile the committee has recommended the merger of
the anti-corruption bodies such as the Economic and
Financial Crimes Commission (EFCC), Independent Corrupt
Practices Commission (ICPC) and Code of Conduct Bureau
(CCB). If the government accepts and implements the
recommendations, these bodies would serve as department
within the larger Anti-Corruption Commission (ACC).
According to the report; “The establishment of strong
departments among others, in the proposed consolidated
structure is desirable as they would handle Prosecution,
Investigation, Prevention (Advocacy), and Asset declaration/
forfeiture."
The report also recommends the elevation of the Code of
Conduct Tribunal (CCT) to Anti-Corruption Tribunal to try all
corrupt cases in the country. The recommendation if
implemented would ensure that regular courts that are
overburden with other cases will no longer try corruption-
related matters whether by politicians, civil servants or
business persons.
The report clearly states that: “The Code of Conduct Tribunal
should be renamed Anti-Corruption Tribunal and upgraded to
the status of a Court of Superior Records with the
responsibility for handling only corruption cases from the
proposed merger of EFCC, ICPC and the Code of Conduct
Bureau. Extant anti-corruption laws should be repealed, while
a new one is enacted to accommodate the consolidation of
EFCC, ICPC and the Code of Conduct Bureau."
Some of the cases being handled by EFCC, ICPC and others
ought to have been brought to the CCT for quick
determination. The CCT is a court of summary trial which by
law should not waste time in deciding most other cases that
are before the other anti-corruption bodies like EFCC, ICPC
and CCB. The nation does not need a special court as being
advocated in some quarters to deal with the cases of corrupt
public officers. As it is presently constituted, the Code of
Conduct Tribunal has the power to impose punishments
ranging from vacation of office and disqualification from holding
any public office by officers found guilty of contravening any of
the provisions of the Act, especially on misconduct and
corrupt practices. It also has the power to seize and forfeit to
the state of any property acquired through abuse or corruption
in office.
It is glaring that the regular courts are ineffective in attending
to corrupt cases, such that high-profile cases involving
politicians drag on for many years without an end in sight. On
the other hand the suspects continue to enjoy their loots while
their lawyers who are paid hefty fees deliberately prolong
litigation endlessly.
It was only lately after the appointment of Justice Umar
Danladi as Chairman of the Code of Conduct Tribunal that
some corrupt cases like that against the former Governor of
Lagos, Ahmed Bola Tinubu were dispensed with within a short
period. This demonstrates capacity and ability of the tribunal
to expedite actions on cases brought before it.
The proposed Anti-Corruption Tribunal (ACT) from existing
Code of Conduct Tribunal (CCT) should be independent and
autonomous with the capacity for repression of corruption acts
and observe the principles of expeditiousness, effectiveness
and efficiency in the administration of justice. Branches of the
tribunal should also be created in each of the six geopolitical
zones to facilitate speedy trials and disposal of corruption
cases.
The administration of President Goodluck Jonathan should
examine the report and implement the worthy
recommendations therein. The submission should not be
swept under the carpet like the similar past reports on
rationalization especially that of Ahmed Joda and Allison
Ayida. In ensuring fairness before the implementation of the
report, the government should engage the stakeholders,
especially the labour and the legislature to iron out grey areas
before their endorsement.
Yushau A. Shuaib
yashuaib@yahoo.com
Finanace Estate, Wuye, Abuja
and a prominent member of the panel investigating the fuel
subsidy scam in the National Assembly. This new twist will
further dent the integrity of the legislative chamber, business
community and Nigeria as a whole.
While there are several anti-corruption agencies in the
country, there are no clear demarcations on which of them
should be responsible for investigating and prosecuting the
case as they simply duplicate their mandates. Multiplication
of agencies performing similar roles have been drains on
nation’s purse.
The cost of governance in Nigeria is one of the highest and
most expensive in the world. The dubious duplication of
functions, financial recklessness, nepotism and cronyism in
recruitments are largely influenced by the establishments of
unnecessary agencies, which also promote corrupt practices.
In an effort to address the high cost of governance, a
Presidential Committee on the Rationalisation and
Restructuring of Federal Government Parastatals was
established. Led by former Head of the Civil Service of the
Federation, Steve Oronsaye, the committee has proposed
some positive initiatives as well as some controversial
suggestions. While the committee recommends far-reaching
decisions to reduce the excessive overhead and recurrent
expenditures, which in some quarters have been translated to
mean retrenchment of workers, the report indeed exposes
duplication of responsibilities and schedules of duty among
agencies of government.
The committee was able to adhere strictly to its terms of
reference which include; to study and review all previous
reports/records on the restructuring of Federal Government
parastatals and advise on whether they are still relevant, to
examine critically the mandates of the existing Federal
agencies, parastatals and commissions and to determine
areas of overlap or duplication of functions, and make
appropriate recommendations to either restructure, merge or
scrap the duplicates.
The key recommendations of the report include the abolition of
38 agencies, 52 mergers and reversion of 14 agencies to
departments in their relevant ministries. Generally, it
suggested that statutory commissions should be reduced
from 263 to 161. It further recommends a management audit
of 89 agencies to capture biometric features of their
employees as well as discontinue government funding of
professional bodies and councils. The Committee stated that
it found duplications and overlaps in the mandates of many
agencies and parastatals, noting that successive
administrations established these agencies without regard to
existing laws. The report indicated that the Federal
Government will be saving about N1 trillion within 3 years of
implementation.
It is noteworthy that some agencies could be strengthened
with added empowerment through mergers for instance the
proposed National Emergency Management and Refugee
Commission (NEMAREF) and Revenue Mobilisation
Allocation and Fiscal Commission (RMAFC) that may be
saddled with fixing salaries of public servants and to takeover
functions Fiscal Responsibility Commission (FRC) which was
created by former President Olusegun Obasanjo few years
ago.
Meanwhile the committee has recommended the merger of
the anti-corruption bodies such as the Economic and
Financial Crimes Commission (EFCC), Independent Corrupt
Practices Commission (ICPC) and Code of Conduct Bureau
(CCB). If the government accepts and implements the
recommendations, these bodies would serve as department
within the larger Anti-Corruption Commission (ACC).
According to the report; “The establishment of strong
departments among others, in the proposed consolidated
structure is desirable as they would handle Prosecution,
Investigation, Prevention (Advocacy), and Asset declaration/
forfeiture."
The report also recommends the elevation of the Code of
Conduct Tribunal (CCT) to Anti-Corruption Tribunal to try all
corrupt cases in the country. The recommendation if
implemented would ensure that regular courts that are
overburden with other cases will no longer try corruption-
related matters whether by politicians, civil servants or
business persons.
The report clearly states that: “The Code of Conduct Tribunal
should be renamed Anti-Corruption Tribunal and upgraded to
the status of a Court of Superior Records with the
responsibility for handling only corruption cases from the
proposed merger of EFCC, ICPC and the Code of Conduct
Bureau. Extant anti-corruption laws should be repealed, while
a new one is enacted to accommodate the consolidation of
EFCC, ICPC and the Code of Conduct Bureau."
Some of the cases being handled by EFCC, ICPC and others
ought to have been brought to the CCT for quick
determination. The CCT is a court of summary trial which by
law should not waste time in deciding most other cases that
are before the other anti-corruption bodies like EFCC, ICPC
and CCB. The nation does not need a special court as being
advocated in some quarters to deal with the cases of corrupt
public officers. As it is presently constituted, the Code of
Conduct Tribunal has the power to impose punishments
ranging from vacation of office and disqualification from holding
any public office by officers found guilty of contravening any of
the provisions of the Act, especially on misconduct and
corrupt practices. It also has the power to seize and forfeit to
the state of any property acquired through abuse or corruption
in office.
It is glaring that the regular courts are ineffective in attending
to corrupt cases, such that high-profile cases involving
politicians drag on for many years without an end in sight. On
the other hand the suspects continue to enjoy their loots while
their lawyers who are paid hefty fees deliberately prolong
litigation endlessly.
It was only lately after the appointment of Justice Umar
Danladi as Chairman of the Code of Conduct Tribunal that
some corrupt cases like that against the former Governor of
Lagos, Ahmed Bola Tinubu were dispensed with within a short
period. This demonstrates capacity and ability of the tribunal
to expedite actions on cases brought before it.
The proposed Anti-Corruption Tribunal (ACT) from existing
Code of Conduct Tribunal (CCT) should be independent and
autonomous with the capacity for repression of corruption acts
and observe the principles of expeditiousness, effectiveness
and efficiency in the administration of justice. Branches of the
tribunal should also be created in each of the six geopolitical
zones to facilitate speedy trials and disposal of corruption
cases.
The administration of President Goodluck Jonathan should
examine the report and implement the worthy
recommendations therein. The submission should not be
swept under the carpet like the similar past reports on
rationalization especially that of Ahmed Joda and Allison
Ayida. In ensuring fairness before the implementation of the
report, the government should engage the stakeholders,
especially the labour and the legislature to iron out grey areas
before their endorsement.
Yushau A. Shuaib
yashuaib@yahoo.com
Finanace Estate, Wuye, Abuja
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THE PUNCH
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THE SUN
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THISDAY
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VANGUARD
D/INDEPENDENT
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Rationalization and Anti-Corruption Agencies
____________________________________________________________________________________________
_______________________________________________________________
By Yushau A. Shuaib
Monday, June 11 2012
Monday, June 11 2012
| Copyrights © 2007 All Rights Reserved African Examiner Online is owned by RD Frontline LLC, a state of Maryland registered company P. O. Box 11582 Baltimore, Maryland, 21229, USA Tel: 443-904-1239. Editor-In-Chief: Oludare Sunday Fase |
