Nigeria: Anti-Graft War - CISLAC Calls for Repositioning of EFCC

24 October 2023

The Civil Society Legislative Advocacy Centre, CISLAC, Tuesday, called for the repositioning of the Economic Financial Crimes Commission, EFCC, for effective and efficient fight against corruption in Nigeria.

CISLAC pointed out inadequacies affecting the commission's performance. The advocacy group made reference to the 2002 Establishment Act, the National Assembly repealed and re-enacted in 2004, during the administration of former President Olusegun Obasanjo.

Disclosing this in a statement signed by the Executive Director, CISLAC, Auwal Rafsanjani, the advocacy group noted that there is need to fight and prevent corruption rather than mere investigation and prosecution

Rafsanjani said: "These inadequacies still persist, and while recent focus has been on whether the nomination of leadership of the agency meets legal requirements, there is need to focus on the extent to which the provisions of the EFCC establishment Act satisfy public and standard expectations for eligibility of a nominated Chairman and meets the purpose for which a financial crimes institution should be set up.

"There has been a long clamour for an amendment that guarantees efficiency and effectiveness by explicit provisions that border on competence and integrity, expand the scope for eligibility to accommodate more suitable/qualified nominees, and limit political interference for security of tenure.

"The past administration, despite having introduced legal frameworks, institutions and initiatives, in driving its alleged anti-corruption agenda, failed to realize their objectives.

"It is noteworthy that combatting crime remains instrumental to the realization of the goals of the United Nations General Assembly adopted 2030 Agenda for sustainable development.

"The SDG 16 in particular, focuses on Peace, Justice and Strong Institutions for reducing illicit financial flows, strengthening the return and recovery of stolen assets and combatting all forms of organized crime; sustainably reducing bribery and corruption in all its ramifications.

"As we progress into a new dispensation and anti-corruption regime, we would like to situate our comments and recommendations within the following broad areas: Strengthening frameworks for effectiveness and efficiency.

"Following recent debates sparked by the appointment of the new Chairman, and as stated above, there is a need to not only deliberate on whether the nomination of the leadership of the agency meets legal requirements but the extent to which the provisions of the EFCC establishment Act satisfy public and standard expectations for eligibility of a nominated Chairman and meets the purpose for which a financial crimes institution should be set up.

"Since its establishment, stakeholders have continued to insist that the law establishing the EFCC is not only restrictive and discriminatory, but that it unjustifiably shuts out Nigerians with equal or even greater competence and patriotism to head the anti-graft agency.

"There is an urgent need for reforms to enable anti-corruption institutions like the EFCC carry out their mandate effectively and independently, without undue influence and the new Chairman needs to lay a foundation for wide consultations on this process.

"This would set the stage for a comprehensive interrogation of the conceptual, structural and operational frameworks of the commission with a view to identifying its strengths, weaknesses, opportunities and threats towards informing recommendations on specific ways its operations and administration can be more effective and efficient. It is instructive to note that such a process demands wide consultations with various state and non-state stakeholders to enrich and ensure the robustness of these reforms and to address cross-cutting issues.

"Strengthening measures to prevent corruption past administrations of the EFCC have secured a commendable number of convictions, and more recently, a total of 3,785 convictions were recorded across all its Commands in 2022, recovering over $121 million (about N51 billion at the average exchange rate of N423/$ for 2022) and non-cash assets. With its 2022 budget at over N43 billion, the Commission's operations have however come at great costs at the expense of taxpayers.

"As a cost-effective and proactive way of conducting its operations, the EFCC should explore opportunities for strengthening preventive mechanisms, including but not limited to strategic collaborations and integration with relevant agencies for real-time data and information-sharing.

"Formulating strategies to prevent corruption will also entail enhancing the EFCC's capabilities, which includes fostering integrity within the organization and establishing frameworks that guarantee transparency and foster accountability in public administration."

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