The impact of financial crimes especially in regard to corruption have had serious and long-term consequences on the Nigerian nation.
The Economic and Financial Crimes Commission (EFCC) is a federal law enforcement agency that is responsible for conducting crimes of fraud, embezzlement, money laundering, public corruption, cybercrime, and related crimes.
The EFCC, was established in 2003 by former President Olusegun Obasanjo due to foreign pressure on Nigeria to fight money laundering. The Commission which is empowered to prevent, investigate, and prosecute financial crimes and serve as an anti-corruption law enforcement agency is institutionally unstable in terms of it’s housing as it appears to be embedded and governed under three simultaneous leadership; the presidency, the Nigeria police, and the National Assembly directly or indirectly. To further complicate its governing is a ceremonial looking board with numerous headship that comes from establishment like the immigration services, insurance, postal services, communications, corporate affairs commission, customs services, and many others.
In presidential type constitutional systems like Nigeria, the Ministry of justice as part of its structure and organizational template, should be directly and fully supervising a field-oriented agency like the EFCC. As such the current Board with multiplicity of headships from federal sectors should be scrapped.
The entire work of the EFCC in terms of its targeted crime work integrates well and fully with the office of the Attorney General at the Ministry of Justice which is solely responsible for enforcing the overall nation’s laws and administration of justice.
Within the Ministry of Justice and the office of the Attorney General are competent, skilled, experienced civil servants working as Justice lawyers with the authority to litigate, or provide legal advice; and without distinction or separation to an investigative agency like the EFCC.
Given the sensitive and the public nature of the work of the EFCC its works and activities, in addition to being supervised by the Ministry of Justice, for public interest needs to be closely and regularly scrutinized by the National Assembly—through oversight committees in the Senate and House—and they could also assist in the reviews of the EFCC’s budget appropriations and agendas.
While it is a reality that the Attorney General position is a political appointment, as such the EFCC which must always remain depoliticized, while it should be an essential party of the Ministry of Justice, its Director should be appointed by the President and confirmed by the senate. In other words, the Director as a presidential and legislative position remains independent and he or she is not linked particularly strongly to matters favored by one Attorney General or another.
Times have changed since the Economic and Financial Crimes Commission, EFCC, was established in 2003 by former President Olusegun Obasanjo due to foreign pressure on Nigeria to fight money laundering.
As part of its instant establishment, the Nigeria Police Force remains the main source of providing law enforcement officers to do the enforcement functions of the EFCC, which further makes the present independence of the EFCC complex and problematic in terms of supervisory authority.
As it is being strongly suggested that the EFCC becomes a full integral agency under the Attorney General at the Ministry of Justice, its law enforcement or policing officials and leadership needs to be disengaged from the NPF through legislative amendment or new establishment Act provided by the national assembly. All that is needed is complete resignation of its officers from the NPF and carry out new enlistment coordinated fully by the Ministry of Justice. By considering this strong suggestion in the article, steadily the independent authority to exercise all law enforcement, investigative and prosecutorial functions will be within the office of the Attorney General at the Ministry of Justice under the watchful eyes of the National Assembly.
Prof John Egbeazien Oshodi, is an American based Forensic/Clinical/Legal Psychologist, a Police/Prison Scientist, and the President of the Dr John Egbeazien Oshodi Foundation (JEOF), a community and Online based psychology, forensic and behavioral Center. [email protected]
Disclaimer: “The views/contents expressed in this article are the sole responsibility of Prof. John Egbeazien Oshodi and do not necessarily reflect those of The Nigerian Voice. The Nigerian Voice will not be responsible or liable for any inaccurate or incorrect statements contained in this article.”
Source: www.thenigerianvoice.com
