Sufuyan Ojeifo
1 December 2008
Abuja — The stage is now set for the Senate to amend the laws establishing the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the National Drug Law Enforcement Agency (NDLEA).
The proposed amendment bills have already gone through the first reading.
Chairman of the Senate Committee on Drugs, Narcotics, Financial Crimes and Anti-Corruption, Senator Sola Akinyede, has, however, stepped up his lobby of members to support the proposed amendments.
In a letter to Senators, dated November 6, 2008, obtained by THISDAY, Akinyede said a "study of the laws establishing the NDLEA, ICPC and EFCC has revealed some loopholes and weaknesses which, in my humble view, make the amendment of these laws imperative."
He said some of the proposed amendments were so urgent that the Senate and the entire National Assembly might be seen as not living up to its legislative responsibilities if they were not effected as soon as possible.
According to him, "However, in view of the fact that Nigeria is such a large country, it is not possible for one body to investigate and prosecute cases of corruption and financial crimes all over the country particularly in all the 774 Local Government Areas in the country.
"It is my humble view that merging the two bodies will not be a good idea. However, there are some areas of jurisdictional overlap. The purpose of one of the proposed amendments is to streamline the jurisdictions of the two bodies and reduce the areas of overlap."
Akinyede added that "other areas that need amendment relate to removing some of the weaknesses in the powers of the EFCC, e.g., dealing with fugitives who deliberately abscond from the country."
On the ICPC Act, he said one of the proposed amendments would provide for a minimum amount below which the ICPC cannot investigate or prosecute.
According to him, "The ICPC, a body set up in the year 2000 to combat serious cases of corruption, investigates and prosecutes for amounts as low as N1,700. While corruption of any nature and by any one, both big and small, should be abhorred, it is my belief that a body whose annual budget is in excess of N3 billion and whose mandate is to investigate and prosecute serious cases of corruption should not be busying itself with a Director of Public Prosecution in a state. It will not even concern himself with when we already have a Police force which can prosecute such cases of corruption.
"For instance, the Hong Kong Department of Justice only handles cases which involves losses of at least 5 million US Dollars."
Akinyede also noted that the ICPC had successfully prosecuted only 150 cases in its eight years of existence, pointing out that one of the reasons for this was the procedural obstacles "deliberately and usually erected by defence lawyers to stall trials."
On the NDLEA Act 2004, the Senate Committee chair said the proposed amendment was aimed at putting a stop to the decision by judges to vary the sentences for users of hard drugs and drug peddlers provided by the Act by reducing the penalties or giving options of fines, which the NDLEA Act has not provided for.
According to him, "The NDLEA Act provides stringent penalties for persons involved in the importation or exportation of hard drugs such as cocaine or heroin. The penalties range from life imprisonment to 15 years imprisonment which is the minimum.
"This sentence is not mandatory for users of hard drugs whom the law permits to be given the option of rehabilitation."
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