This was as reports emerge that the 10th Senate is planning to resuscitate the bill, despite its earlier suspension by the immediate past Speaker, House of Representatives, Femi Gbajabiamila, earlier in June.
The legislation was titled, ‘A bill for an Act to amend the Corrupt Practices and Other Related Offences Act, 2000 to strengthen the role of the Independent Corrupt Practices and Other Related Offence Commission, and allow it to prosecute cases before the Federal High Court, align its provisions with the Constitution of the Federal Republic of Nigeria, clear ambiguities and enhance its preventive role by providing for shared responsibility to quicken and deepen the execution of the commission’s mandate and for related matters.’
Sunday PUNCH reports that the 9th Senate, during its recent amendment of the ICPC Act (2000), stripped the Chairman of the commission of some powers.
The 70-clause amendment bill was passed on Tuesday, May 30, and was awaiting the consent of the House of Representatives, for it to be sent to the President for assent.
The amendment reducing the powers of the ICPC chairman was revealed in a document exclusively obtained by Sunday PUNCH, which showed that the red chamber further amended Section 3 of the Principal Act by inserting a new subsection 3(11), creating offices for commissioners in the commission.
The new subsection 3(11) states, “The commissioners of the commission shall have the following offices: i. Commissioner (Investigative Matters), ii. Commissioner (Legal Matters), iii. Commissioner (Prevention, Systems Review and Financial Intelligence), iv. Commissioner (Asset Recovery and Management), v. Commissioner (Anti-Corruption Education and Mobilisation), vi. Commissioner (Forensics and Emerging Technologies), vii. Zonal Commissioner, North-East, viii. Zonal Commissioner, North-Central, ix. Zonal Commissioner, North-West, x. Zonal Commissioner, South-East, xi. Zonal Commissioner, South-South, and xii. Zonal Commissioner, South-West.
“The amendment provided further that in assigning responsibilities to the commissioners, the President shall have regard to the appointees’ geopolitical zones and discipline.”
Reacting to the development, the Executive Director, CFT, Mr Umar Yakubu, said the 10th Assembly, including the Senate and House of Representatives, must ensure not to resuscitate a bill that would whittle down the powers of the ICPC Chairman, and thereby turn the anti-graft into a toothless dog.
“We’re aware of the bill; however, we urge the National Assembly not to go ahead with such a bill, as no organisation can perform well if major responsibilities are taken away from the chief executive. The executive chairman must be responsible for the day-to-day activities of the organisation.
“Now, when the Senate bill says some commissioners or board members can now take positions and make decisions on behalf of the executive chairman, that will lead to failure because it’s flawed. And it’s worse doing such to an anti-corruption agency that needs some level of independence to function properly without political interference,” Mr Yakubu, an anti-corruption advocate said.
Also, the Director of Communications, Outreach and Advocacy, CMPA, Mr Ibrahim Uba-Yusuf, noted that in revisiting pending bills, the 10th Assembly should endeavour to not revisit the bill reducing the powers of the ICPC boss.
“This is not one of the bills we’d urge the National Assembly to revisit. Although NASS could revisit pending bills, but not bills such as the one that would affect the effectiveness of the chairman of the ICPC, as it would have a direct negative effect on Nigerians.
“The chairman of the ICPC and other anti-corruption agencies need enough freedom to allow them to function well. Hence, we at the CMPA, urge NASS to only pass laws in favour of Nigerians,” Mr Uba-Yusufu, an anti-corruption policy advocate noted.
Sunday PUNCH reports that part of the amendment by the Senate was to accommodate two years jail term without an option of fine for any individual who writes a false petition or gives false information to officials of the commission.
Sources further noted that if the amendment succeeded, any five board members could meet and make far-reaching decisions without the involvement of the ICPC chairman.
They also noted that to further whittle down the powers of the chairman, the 9th Senate also amended Section 7 of the Principal Act on the issuance of administrative orders by the chairman called “standing orders” to ensure the efficient and effective functioning of the commission. However, the amendment of Section 7(1) substituted ‘chairman’ with ‘commission’.
The Senate in Sections 3(5), 3(6), 3(7), 3(8), 3(9) and 3(10) of the Principal Act also substituted ‘board members’ with ‘commissioners’. The red chamber also reduced the punishment for offering and accepting gratifications in Sections 8, 9 and 10 of the Principal Act.
