Anti-Graft WarTHE Independent Corrupt Practices (and Other Related Offences) Commission (ICPC) was established by President Olusegun Obasanjo in year 2000 with a mandate to bring to its knees the hydra-headed monster called corruption, which he identified as the clog on the wheel of Nigeria's movement towards economic and socio-political growth.However, some of the provisions of the statute establishing the well-conceived commission had, ab initio, foisted on it a state of helplessness. For instance, under the ICPC Act, the commission cannot act on brazen looting of state treasury done even in public glare. It can only act upon a petition or complaint sent to it on the same crime, which it is a witness to.Without doubt, for a country willing and determined to rid itself of corruption, nothing can be more debilitating.So, while the ICPC sits waiting for petitions, its sister agency ' the Economic and Financial Crimes Commission (EFCC) ' goes about gathering intelligence on criminal activities. That, perhaps, is the only significant dividing line between both agencies, as their basic mandate is to fight graft in all its facets.Little wonder the Attorney General of Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) unveiled a proposal to phase out the ICPC by merging it with the EFCC perceived, by many people, to be the more vibrant of the duo.Of course, quite naturally, a lot of tirades greeted Adoke's proposal without the critics really spending time to look at the merit in it. Possibly, they felt that it was the minister's way to finally drive the nail in the coffin of the anti-graft body since rather than give impetus to the crusade, he has allegedly acted in ways that compromise it.However, a close look at the activities of both agencies would suggest how similar their mandates are. For instance, when the EFCC decided to take former Minister of the Federal Capital Territory (FCT), Mallam Nasir el-Rufai to court over alleged abuse of office and official corruption, it charged him under the ICPC Act.For a more than cursory observer, that decision as much as establishes how close their operations are, while it also mirrors how unserious the ICPC is. Why should a man (EFCC) cry more than the bereaved (ICPC)' Is it the usual subterfuge associated with the trial of a 'big man', just to give the public the feeling that the anti-graft war is on and there is no sacred cow' Yet, this is one of those reasons Adoke suggested for the merger and even issued a gazette to redirect their operations.But the question that is paramount is how well has the ICPC fared' How effective and diligent has it been in fighting corruption' Has the commission really been a bulldog'Since the days of its pioneer chairman and former President, Court of Appeal, Justice Mustapha Akanbi (rtd), the commission had stated unequivocally that it had presented case files of about 25 governors before the CJN but that there was no money to appoint independent prosecutors to prosecute the cases. This was the position in the year 2004.Justice Akanbi was re-appointed for a second term upon the expiration of his tenure, but he politely declined for reasons he did not disclose publicly. Not a few, however, believed the fearless jurist declined re-appointment because he was frustrated by the lack of genuine impetus to prosecute the anti-graft war, as he would love to.THE exit of Akanbi marked the entry of another jurist, former Justice of the Supreme Court, Justice Emmanuel Ayoola, who took over the office of chairman with a lot of enthusiasm that was eventually not backed with noticeable results.In fact, at a time, Justice Ayoola, who was very vocal in calling for capital punishment for treasury looters, changed the tone and decided to go spiritual with the war against corruption.On August 14, 2008, the ICPC released a list of 23 former governors that it had set up a three-man committee to investigate in view of petitions raising allegations of official corruption and sundry malpractices against them.Those on the list include Alh. Sani Yarima (Zamfara State), Alh. Abdullahi Adamu (Nasarawa), Dr. Peter Odili(Rivers), Dr. Chimaroke Nnamani (Enugu), Alh. Ahmed Makarfi (Kaduna), Alh. Attahiru Bafarawa (Sokoto), Alh. Ahmadu Adamu Muazu (Bauchi), Chief Lucky Igbinedion (Edo), Bola Ahmed Tinubu (Lagos).Others are Alh. Saminu Turaki (Jigawa), Chief Orji Kalu (Abia), Victor Attah(Akwa Ibom), Donald Duke(Cross River), Chief Achike Udenwa (Imo), Chief Joshua Dariye(Plateau), Mohammed Adamu Aliero (Kebbi), Alh. A. A. Kure (Niger), George I. Akume (Benue), Ali Modu Sheriff(Borno), Ibrahim Idris(Kogi), Ayo Fayose (Ekiti), James Ibori (Delta), Rashidi Ladoja (Oyo ).The Resident Media Consultant to the ICPC, Fola Olamiti, explained that the 23 governors had not been indicted, but were only on the list as those that the committee, set up by the ICPC Chairman, was to investigate. He said they would be invited for interrogation. The committee had submitted the report of its probe to the commission.The Guardian learnt that the committee made some recommendations to the Chairman, detailing those found to have violated the provisions of the ICPC Act 2000.Upon receipt of the report, Justice Ayoola promised: 'We are looking at the files. They are 20 or 23 of the former state governors. I believe that in the next two weeks, we will know, which of them are to be investigated or not.'He also explained that the Act permits the commission to go after the former state governors once they had lost their immunity, noting, 'we don't need an independent counsel to investigate and prosecute them.'However, three years after the said committee submitted its report, the ICPC is yet to make an official statement on it or proceed against any of the 23 former governors.As a respondent surmised the scenario at the weekend: 'It is imperative to state that such non-committal and lethargic practice by the commission makes out a poor case for itself as a viable anti-graft body.'Too often, the commission cuts the image of a chick frightened at the sight of a hawk, as it continues to avoid a face-off with former governors, opting to go for the small fries at the local government level.'It should be noted, however, that the seeming ineffectiveness of the ICPC stems more from lack of political will by the government, which has led to the obvious lack of impetus of the commission to carry out its mandate.This position is made more evident by the fact that several months after Justice Ayoola also vacated office as Chairman, no substantive person has been so appointed. Instead, Abdullahi Bako, a lawyer, holds the office in acting capacity, 'a development that mirrors the seeming hypocrisy of the Jonathan government in the fight against corruption,' said an ICPC source.'No government serious about the anti-graft war would leave a strategic body like the ICPC in the doldrums and rudderless,' the source added.Senate Moves To Scrap ICPCTHE Senate has commenced legislation towards the dissolution of the Independent Corrupt Practices and other related Offences Commission (ICPC). A bill seeking to repeal the ICPC Act is receiving attention.The bill, standing in the name of Senator Ita Enang (PDP, Akwa Ibom), seeks to, among several other things, repeal the ICPC Act and merge the commission with its sister agency, the Economic and Financial Crimes Commission (EFCC).This bill is sequel to advocacy in some quarters, to merge the two agencies, with the ICPC coming under EFCC, as the former is seen as a weaker partner in the anti-corruption crusade. The EFCC is perceived to be more vibrant with the prosecution of several top politicians in the country.The bill under consideration provides that, 'there shall be vested in the EFCC, all assets and liabilities, funds, resources and other movable and immovable properties, which immediately before the commencement of the Act, were vested in or were in the possession or under the control of the ICPC.'By this provision, the EFCC is to consume all structures that were ICPC's. This doesn't stop with the properties and liabilities alone. The EFCC is at liberty to inherit staff of the ICPC that it can operate with. The bill provides that 'notwithstanding the dissolution of the ICPC; staff of the ICPC may be:(a) transferred to the services of the EFCC;(b) transferred to the service of any department or agency of the government;(c) Resigns from the service of ICPC by giving notice in writing.The bill also provides that, 'if it be expedient that any vacancy in the commission should be filled by a person holding office immediately before the commencement of this Act in the ICPC, it shall retain the services of the person and the previous services by such person shall count as service for the purpose of seniority.'In place of the ICPC, the bill has increased the role of the EFCC to cover investigation and prosecution of all cases of corruption in the public and private sector.The EFCC is to have additional powers that include, 'receiving, investigating and prosecution of offenders where reasonable grounds exist for suspecting that any person has conspired or has attempted to commit or has committed an offence under this Act or any other law prohibiting corruption.
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