The Nigerian Village Square - Yar’Adua Clips EFCC’s Wings! Now Reports To AG’s Office!

Yar’Adua Clips EFCC’s Wings! Now Reports To AG’s Office!

Written by Suny Ofili, TOM

Tuesday, 07 August 2007

Yar’Adua Clips EFCC’s Wings! Now Reports To AG’s Office!
BY Sunny Ofili

DATE : Monday, 06 August 2007

The Presidency has stripped the Economic and Financial Crimes Commission (EFCC) of its prosecutorial powers in a sweeping change that will redefine how the agency performs its job. The change is coming weeks after the agency arrested and charged five former governors to court for alleged graft.

The governors have since been granted bail by the courts under the most stringent of conditions.

Special Assistant to the president, Segun Adeniyi, while announcing the directive in a press statement dated 6th August 6, 2007 said “President Yar’Adua firmly believes that in fighting corruption, nobody and no institution, and this includes the Presidency and himself as President, should be seen to be above the law and the Constitution.”

Adeniyi said that the changes to EFCC’s operations were initiated by the Attorney General and Justice Minister who sought relief from the president to assume the powers conferred on him by the constitution and the relieves were granted. They are;

“That all agencies involved in the prosecution of Criminal Offences such as the EFCC and ICPC should report and initiate Criminal Proceedings with the consent and approval of the Attorney General of the Federation as specified in relevant sections of the Constitution.”
* “That the Attorney General of the Federation exercise powers conferred on him pursuant to Section 43 of the EFCC Act 2004 to make rules or regulations with respect to the exercise of any of the duties, functions or powers of the EFCC.”

“I would like to emphasize that the decision to enforce the powers of the Attorney-General of the Federation was solely motivated by President Yar’Adua’s respect for due process and the rule of law and not by any desire to shield anybody from criminal prosecution.”

“President Yar’Adua has also granted the Attorney-General’s requests to ensure better coordination among the country’s law enforcement agencies and avoid untidy multiple criminal prosecutions as are being currently undertaken by the EFCC, ICPC and the Code of Conduct Tribunal in respect of the same alleged offences.”

“Without prejudice to the foregoing, President Yar’Adua wishes to assure all Nigerians that his Administration will never provide a safe haven or escape route for anyone, no matter how highly placed they may be and irrespective of whatever role they played or claim to have played in his election, if they are found to have soiled their hands by looting public funds for their personal aggrandizement.”

The presidency denied media reports that it was hampering the work of the anti corruption agency.

“The attention of President Umaru Musa Yar’Adua has been drawn to media reports suggesting that he is hampering the activities of the Economic and Financial Crimes Commission (EFCC) in the fight against corruption.”

“Specifically, the slant in most of the stories is that because the President intends to ‘protect’ some former Governors who allegedly bankrolled his campaign, he has decided to curb the powers of the EFCC.”

“I state very categorically that nothing can be farther from the truth. President Yar’Adua is very serious about his commitment to instilling discipline, transparency, respect for the rule of law and due process in the conduct of government business and remains resolute in his resolve to fight corruption and abuse of office.”

“I also want to state that the President will support all the agencies of government responsible for bringing to justice people found to have abused their offices either in the past, now or in future.”

“In doing so, however, the President is mindful that any goal pursued without recourse to due process and rule of law will be antithetical to the promotion of our democracy and can only achieve short term results.” The statement concluded.

Robot Robot is offline
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	# 1 Yar’Adua Clips EFCC’s Wings! Now Reports To AG’s Office! BY Sunny Ofi...Read the full article. Posted by Robot\| 07.08.2007 09:29

Zanderlex Zanderlex is offline
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	# 2 This man Yaradua is getting harder and harder to understand. As we pray and watch things unfold I can only give him a new name UMARU THE LAW MAN Posted by Zanderlex\| 07.08.2007 10:34

ATLien ATLien is offline
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	# 3 How does putting the EFCC under the attorney general help to reduce corruption. The average Nigerian is happy with the work the EFCC is doing, I can only summise and say it has been doing the job a little too well. OBJ may have had his weaknesses like any other human but he knew what it took to figth corruption. Why not also move the Nigeria Police under the AG Posted by ATLien\| 07.08.2007 10:44

dapxin dapxin is offline
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	# 4 hahahaha, someday soon, General Obj is going to look us all in the face, and say "at least I left a fully fired, capable, determined and performing EFCC behind....". this country nawaaaaaaaaaaaaa Posted by dapxin\| 07.08.2007 11:13

nawaya nawaya is offline
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	# 5 finally, yar'adua has castrated the efcc, and who dutifully announced this but our 'very own' Segun Adeniyi. how times change!! the question is - is this the most pressing issue affecting justice administration in nigeria that it has been accorded such priority? this, indeed, is the beginning of the end of effcc. this is a defining moment for the efcc AND ribadu - we will now know if he intends to cling to the efcc post at all costs. since ribadu cannot be removed without 2/3 consent of the national assembly, and since, according to legal gurus, there is legal precedent for allowing efcc to prosecute, i think ribadu and co should fight this in court (and in the court of public opinion) - put the FG under pressure. if efcc loses the case, ribadu should address a world press conference indicating that the current regime of reporting to the AG will adversely impact his ability to prosecute the corruption war. he should then tender his resignation. shame!! Posted by nawaya\| 07.08.2007 11:22

Onukulunjo Onukulunjo is offline
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	# 6 I knew all along that the powers that be were playing us for fools. Neither OBJ nor his successor. Yar adua is serious about fighting corruption. OBJ tried to impress upon Nigerians that he was fighting corruption yet his personal fortune jumped from twenty grands to several billion naira in eight years. How could the current president be fighting corruption when he removes the power of prosecution from an INDEPENDENT agency to a POLITICAL appointee. Just few weeks ago, the internet was abuzz with praises for the EFCC for finally starting to live up to its calling for arresting some of the thieving governors. Now that the presidency has taken the power of prosecution out of the hands of Ribadu, all the arrested governors will only be making mockery of the efcc. If the presidency is in support of fighting corruption, he should hands off efcc and how it does its job. If any arrested thief feels aggrieved, the person should seek relief from the courts and not the presidency. Posted by Onukulunjo\| 07.08.2007 11:33

bakoso2000 bakoso2000 is offline
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	# 7 The accepter of a stolen mandate (UMY) is by far more culpable than the giver (OBJ) of the stolen good. How can you govern a country like Nigeria successfully unprepared. There are alterior considerations for accepting a stolen political mandate beyond the interest of Nigerians - the idea is morally reprehensible to say the least. EFCC may not be pefect but it is elementary knowledge that placing it under the control of the office of the Attorney Gen will make performance even impossible. So, how else does UMY want Nigerians to interpret his action other than the present interpretation given to it - a favor to those who bankrolled his fraudulent election. Posted by bakoso2000\| 07.08.2007 11:48

Mikky jaga Mikky jaga is offline
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	# 8 On the contrary, I feel Yar'Adua has determined to do the right thing. He has decided to clip the excesses of EFCC. There are enough rules in the statute books to deal with looters of State funds that Ribadu does not have to rely on extra constitutional means to get its work done. It is refreshing to see that all the exceses of EFCC under Ribadu will be brought under check of the Minister of Justice. Let Ribadu follow due process. If some crooks manage to escape punishment because of that, so let it be. It is better than that a gestapo like organisation is let loose on the land trampling on people's rights with impunity on the excuse that it is fighting corruption. Good move, Yar'Adua. Posted by Mikky jaga\| 07.08.2007 13:09

nawaya nawaya is offline
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	# 9 =Mikky jaga;198041> Let Ribadu follow due process. If some crooks manage to escape punishment because of that, so let it be. problem is, with the way things are going, ALL crooks will escape punishment!! Posted by nawaya\| 07.08.2007 13:18

MrOneNaija MrOneNaija is offline
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	# 10 SANITIZING THE EFCC This is a welcome development. It should have been accompanied, though, by the sacking of that lawless tout called Nuhu Ribadu. The latter has become part and parcel of the credibility problem facing the anti-sleaze outfit called the EFCC. Hopefully now, due process will prevail. This should also imply a less selective process that should see the likes of the chief thief from Ota, his acolytes and the ministers in his sadistic and profligate reign of terror eventually being made to render their accounts to the nation. Posted by MrOneNaija\| 07.08.2007 15:02

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