SENATE SET TO WEAKEN ANTI-CORRUPTION WAR -Falana Kicks : “it’s an ill wind”.
Tensions are rising at the hallow chambers of the National Assembly as the Senate Committee on Drugs, Narcotics, Financial Crimes and Anti-corruption holds public hearing tomorrow on the proposed Bill to establish the Nigerian Financial Intelligence Establishment Bill. The Bill which seeks to detach the Nigerian Financial Intelligence Unit from the Economic and Financial Crimes Commission (EFCC) where it is presently domiciled as it is the tradition in most countries of the world with serious anti-corruption measures. The unpopular Bill, NigerianEcho gathered, is being sponsored by the Chairman Senate Committee on Drugs, Narcotics, Financial Crimes and Anti-corruption, Senator Victor Lar and co-sponsored by Sanators Sadiq Yar”adua, Benedict Ayade, M.S Saleh, Hassan Barata, Boluwaji Kunlere, Umaru Dahiru and Hussein Mudasiru.
According to the Bill, which is regarded by many as too narrowly tailored and self seeking, is coming on the heels of the Oransanye’s recommendation for the rationalization of existing ministries, departments and agencies. According to the Committee’s report, It is essential to note that the level of outlay of personnel cost is crowding out expenditure on capital spending needed to develop the nation and constitutes a major drain on public resources. Even now, there continues to be pressure demand for higher emoluments, pensions, etc. This is clearly unsustainable and would need to be addressed. In response, the federal government had warned that if the increasing emoluments were not checked, it would spend higher share of available resources on salaries and allowances of workers that have little or no work to do due to lack of capital. Therefore, with plans to establish new a agency that would further drain the public funds, it means that those who are sponsoring the Bill at this time when Nigerians are even worried about the ever rising increase public expenditure are very insensitive to the yearnings and aspirations of Nigerians.
However, NigerianEcho’s sources in National Assembly have revealed that the introduction of the Bill might not be unconnected with plans some powerful individuals to undermine the fight against corruption in Nigeria. According to sources, the idea of having the Financial Intelligence Unit (FIU) domiciled in the EFCC in tandem with international best practices was to ensure that the operations of the FIU are insulated and kept away from the prying eyes of politicians who may want to use all means possible to frustrate its activities in Nigeria. This is so because, the Nigerian judiciary is very weak and the politicians can obtain all sorts of injunctions to prevent the release and dissemination of their financial information by the NFIU, a situation which the present structure and operation of the FIU cannot allow. With the Bill creating the NFIA and giving it a juridical status with power to sue and be sued, it is apparently clear that the proposed NFIA will be bogged down by injunctions and court orders.
Reacting to the proposed bill, human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana described the Bill by the Senate as “diversionary”, adding that, “Nigerian people are asking for how the current agencies will be independent of the government. That is away from the control of the executive”.
He spoke further, “Creation of more agencies will make mockery of the recommendation of the Presidential Committee chaired by Mr. Stephen Oronsaye. The current agencies are not being adequately funded. Where will the fund for the new ones to be created coming from? It is illogical. It is primitive. Nigeria, despite our challenges is still a role model in law making. This was how they destroyed the Nigerian Police by creating State Security Service (SSS), Federal Road Safety Commission (FRSC) etc. In short, the whole exercise is an ill wind”, Mr. Falana lamented while promising to submit his position to the Senate in due course.
The benefit of not having a separate law is that the FIU will be insulated from litigation, injunctions and award of damages that can hamstring its operations including political influence on key appointments such as the appointment of the proposed Director-General. NigerianEcho’s investigations have also shown that the current practice of housing the NFIU within the EFCC is the international practice worldwide. For instance, in the USA, it is domiciled in the Treasury Department and the Director is appointed by the Secretary of the Treasury while that of Canada is housed under the Ministry of Finance and the Director reports to the Minister of Finance. South Africa is housed under the Ministry of Finance; Japan, Switzerland and Germany housed theirs in the Police. France’s FIU is in the Ministry of Finance while Israel’s FIU is housed in the Ministry of Justice. The United Kingdom operates a hybrid system which combines administrative type and a law enforcement type and housed under the National Crime Agency formerly Serious Organized Crimes Agency (SOCA and equivalent of the EFCC) and the Director is appointed by the Head of the Agency.
