Senate removes control of EFCC from Obasanjo
March 16th, 2007 Ogbuotobo Chuks || chuks@stockmarketnigeria.com
By Ogbuotobo Chuks
After months of faceoff between the National Assembly and the presidency over the independence of the Economic and Financial Crimes Commission (EFCC) the Senate yesterday, amended the bill establishing the commission, removing its control by the executive arm of the government.
Section 43 of the Act establishing the EFCC was amended by the Senate to read: “Without prejudice to the provision of section 174 of the constitution, in the exercise of its functions, the commission shall not be subjected to the direction or control of any authority or persons.”
Before its amendment, the Act empowered the Attorney General of the Federation to make rules or regulations with respect to the exercise of any of the duties, functions or powers of the commission under the Act.
Another controversial section that was amended was section 3(2), which now says that the chairman of the commission or any member of the commission “may only be removed by the president, acting on an address supported by two-thirds majority of the Senate for inability to discharge the function of the office.”
The Act had initially vested the power to remove the chairman or any member of the commission on the president if satisfied that it would be in the interest of the public. Section 15 was amended to reduce punishment for any person who willfully provides or collects any money from any person with intent to use for any act of terrorism to a maximum of seven years instead of life imprisonment in the old Act.
Also amended was section 39, which deals with protection of information and punishment for false information to the EFCC. It now attracts a fine of N100, 000, instead of the previous N10, 000 fines for false information in the old Act.
Ken Nnamani, Senate president had on Wednesday warned that the lawmakers would amend the Act establishing the EFCC to remove it from the control of the presidency and save it from compromise. Nnamani said in a statement that he was interested in the war against corruption and that it must be carried out through due process.
“It is the view of the Senate president that since the mandate of the EFCC is to vigorously fight financial and economic crimes in every branch of government; its independence will be compromised if the presidency treats it as another department, whose head is another staff of the president,” he stated, in the statement conveying the determination of the Senate to amend the EFCC Act.
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