Saturday, 19 September 2020 05:34

Buhari is proposing another anti-corruption agency. This is what should be done instead - Olarinre Salako

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If I were President Muhammadu Buhari, I would rather merge Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices Commission (ICPC) into one Anti-Corruption Body to be named – Nigerian Anti-Corruption Commission (NACC), and make the consolidated body stronger and more independent, with offices in the 36 state capital cities.

The consolidated body - NACC would ONLY be subject to the rules of law and court judgment just like everyone and every organization but would be largely independent. Indeed, if possible, the commission's budget should be funded on first-line-charge.

Anti-Corruption Fight in Nigeria should be treated as a matter of National Security if Nigeria wants to drastically reduce corruption, especially in government businesses. Afterall, Director-Generals of the National Intelligence Agency (NIA), and Department of State Security Services (DSS) are members of the current EFFC board. This is how National Security is related to matters of financial crimes. A financial criminal is a national saboteur.

The Anti-Corruption Agency, NACC, to be formed, would NOT be answerable to politicians (including the Attorney General and the National assembly) in anyway, just like court is not answerable to politicians, even though the head of the commission would be appointed by the President, the President should only be able to sack such head on the recommendation/advice of NACC Council.

NACC board, to be constituted similar to the EFCC current board, would monitor and support the activities of the anti-corruption commission and advise the President on a regular basis. All Members of the council would swear to an oath of secrecy and have necessary security clearance.

The headship of the commission should NOT be reserved for only police officers. Lawyers, Forensic experts, Accountants, Technology Experts, Psychologists, University Professors, or even Pastors and Imams, etc. should be considered, so far the appointee's profession is related to one or more of fraud detection, high level of honesty, accountability, impartiality, moral ethics, etc. Of course, there are teams of career prosecutors and investigators, forensic evidence gathering experts, lawyers, cybersecurity and computer experts, etc, working under his or her leadership to execute the commission's fight against corrupt practices.

As per managing proceeds of crimes recovered; establishing a department within the commission to do this, should be enough. Such a department should be able to work with the Federal Ministry of Finance or Central Bank of Nigeria on the management of proceeds of crimes and corruption.

Afterall, the governor of Central Bank and a representative of the Federal Ministry of Finance are members of the board of EFCC.

Indeed, every corruptly acquired fund or property has a source, and such proceeds of crimes should be returned to the original source. For instance, if a former Governor Lagbaja had stolen from Tamadun State, and the Anti-Corruption Commission recovers the loots, or the properties acquired with the loots, then the recovered loot or property acquired with the loot should be transferred to Tamadun State in a transparent manner, and sometimes with publicity for every Nigerian to see - that, for instance, money stolen by Mr Lagbaja has been successfully recovered and delivered to Tamadun State treasury. By doing so, the people would be interested in how the incumbent governor of Tamadun State would utilize the recovered and transferred proceeds of crimes.

A separate anti-corruption agency is NOT needed to achieve such transfer. If the case against the accused is still pending, the seized fund or properties should be in care of the same department within the Nigerian Anti-corruption Commission (NACC), pending the determination of the case. Having a different Agency to manage proceeds of crime would lead to unnecessary proliferation of agencies, increase already high cost of governance, and undue bureaucratic bottleneck in dispensing or transferring the recovered loots to the source, or managing freeze assets pending court determination.

ANOTHER IMPORTANT MATTER:

The National Anti-Corruption Commission, NACC to be formed, should have a department that will work with INEC to closely monitor electioneering spending by, and donations to, politicians seeking elective offices.

This would help enforce whatever limits set by the electoral laws on electoral spending and donation, and would help reduce overmonitization of our electoral process, which is currently one of the most expensive and least regulated in the world.

Any reported suspicion of electoral inducement or unlawful exchange of cash should be investigated, and prosecuted by a department of the NACC.

That way, there would be a much better level playing ground in our elections.

Indeed, anti-graft enforcement in our political space should start from how people get to power.

Apart from meeting the voting requirements to be declared winners, elected-politicians should be made to publish notarized financial statements of their campaign spending and donation received. It should be the first assignment of an electee, as a prerequisite to being sworn into offices.

This is separate from the asset declaration. This would be called declaration of electoral campaign finances, and must be published. This will enhance public scrutiny, and a possible lack of transparency and accountability in such financial statements could be litigated in an election petition tribunal, just as we currently see rigging being challenged at the tribunal.

Votes buying, either at the primary or at the general elections, should be considered as rigging too, and should be deemed a criminal offense, and should nullify initial victory declared by the INEC returning officer, and lead to a new election in which the offender would be disqualified.

Inability to account for campaign finances has direct or indirect relationship with the votes buying, financial inducement  of party leaders, etc., which has a terrible impact on our leadership recruitment process. Every politician should be able to account for every kobo spent in his or her campaign before such a politician is entrusted with overseeing public funds and resources under his or her office.

Every politician seeking an electoral office should open a campaign bank account with Bank Verification Number (BVN), into which all cash donations including his or her personal contributions to the campaign should be deposited, and from which all cash expenses and payment of campaign staffers and party agents (if not from the party purse), including the purchase of party and INEC nomination forms, from the beginning, should be drawn.

Every other important valuable activity not showing in the campaign account should be recorded and the source noted as an additional journal in the notarized financial statement.

The INEC returning officer should say, "........ having met the electoral voting requirements (majority or two-third votes as the case maybe), you are hereby declared winner pending the submission to the INEC, Code of Conduct Bureau, and the Nigerian Anti-Corruption Commission offices, and publication in a Nigerian Newspaper, notarized copies of your campaign financial statement within 7 days after this declaration ....".

Citizens also deserve to know how much their Chairmen, Legislators, Governors and President spent on their elections, and how they were funded. Indeed, this will encourage citizens to also be contributing to electioneering campaigns of their choice politicians. After all, politics and governance should be everybody's business.

Demonetization or reduction in the monetary involvement of our electoral process, and making campaign funding a matter of public accounting will encourage public-spirited people with moderate financial means to join politics, and will reduce corruption in government. It will help drive internal democracy within Nigerian political parties, and enhance our leadership recruitment process significantly.

If Mr Buhari can successfully work with the National Assembly and appropriate agencies such as INEC, to amend extant laws and enact new ones to drive necessary enforcement on this matter of democratic importance by middle of 2022 to be implemented for 2022 election, it will be a major legacy of his administration.

  • Olarinre Salako wrote from the United States.
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