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OKECHUKWU: There's Need For Special Courts Against Corruption

Published by Guardian on Sun, 06 Nov 2011


Osita Okechukwu, Enugu State governorship candidate andNational Publicity Secretary of the Congress for Progressive Change (CPC) told ABOSEDE MUSARI that the move by the House of Representatives to change the EFCC leadership is not transparent.IS the move by the House of Representatives to amend the EFCC Act, as regards its leadership, in good faith for the country'It is trite law that no law is all encompassing or unassailable. Consequent upon this, it can be said that the intendment of House of Representatives' members to amend the EFCC Act is less than patriotic and transparent.Their argument that only retired Justices of the higher Bench will chair the EFCC is bogus and incompetent. If that's the case, the ICPC, which is older than the EFCC, could have satisfied the yearnings of Nigerians on anti-graft war. For over a decade, credible retired Justices headed the ICPC but not much spark was echoed.How would you rate the performance of the current leadership of the EFCC'On the performance of Mrs. Farida Waziri, one can on the balance scale give her 50-50 because she has a burden of the swift, action-packed and the salutary nature of Nuhu Ribadu's exit to contend with up to date.Secondly, and most importantly, she is also confronted with a president and his minions, who are not so keen to fight corruption. Can one, in all honesty, expect much dynamism in anti-graft war from a president who has blatantly refused to openly declare his assets'Evidence has shown that the Attorney General of the Federation (AGF), going by Section 39 of the EFCC Act, can be used to frustrate the activities of the Commission.The section provides that 'the AGF makes rules or regulation with respect to the exercise of any of the duties, functions or powers of the Commission under this Act.' And we have seen the obnoxious use of this section several times.Section 39 (of the Act) wittingly or unwittingly waters down Section 38, which contends that 'a person who willfully obstructs the Commission or any authorised officer of the Commission in the exercise of any of the powers conferred on the Commission by this Act commits an offence under this Act and is liable on conviction to imprisonment for a term not exceeding five years or to a fine of twenty thousand Naira or to both such imprisonment and fine.'Which do you think should be the priority of the National Assembly at this time: the amendment on the headship or the passage of the Asset Forfeiture and Whistle Blower Protection Bills'The National Assembly (NASS) is lukewarm over the Asset Forfeiture and Whistle Blower Bills for reasons not far-fetched. The NASS, under the 'Food is Ready' policy, is afraid that they may become the victims of such anti-graft laws and, therefore, are not eager to pass the Bills.GOVERNOR Rotimi Amaechi thinks that the EFCC is only hounding his colleagues ' the former governors. Do you see the EFCC activities in this light'On the position of His Excellency, Governor Rotimi Amaechi and, indeed, the Governors' Forum, one can say that one's not surprised that they are subtly protecting their former colleagues.They are fully aware that the hangman is waiting for them since the same 'Food is Ready' and 'Share the Money' policy continues in spite of the disgrace of former governors.A lot of people had also forgotten that Governor Amaechi was the Speaker of the House of Assembly of Rivers State in the eight years of Dr. Peter Odili's regime.Did he pilot the House in the direction of exercising its oversight functions' Was he an accomplice in the unprecedented looting, which took place then' These are the questions, which generations will ask.Would you support a special court for corruption offences'Definitely. Whereas the Code of Conduct is an anti-graft court; it must be contended that Special Corruption Courts will go a long way in arresting the collapse of the anti-graft war, as it has done in different parts of the world like in Bihar State in India under Nitish Kumar as Chief Minister.A careful analysis of the EFCC Act shows clearly that it provides a solid legal framework to fight ant-graft war in any clime. Therefore, as a matter of urgent national importance, what is needed is Special Corruption Courts, which sit on a constant basis to fast-track and expeditiously dispense justice.It must be noted that the Code of Conduct Tribunal is an anti-graft court but unfortunately, it has failed to make use of its powers.
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