(ENDING PART) Ozekhome's formal written presentation on Magu

Ending part:

Rather, there should be an amendment to state that:

“A member of the Commission may be removed from office by the President subject to the approval of two third majority of the Senate of the Federal Republic of Nigeria. Such removal may be predicated on inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct or if the President is satisfied that it is not in the best interest of the Commission or the interest of the public that such a member shall continue in office”.

The reason for this amendment is simple. Section 2 (3) provides that the Senate approval is required in the appointment of the Executive Chairman of the Commission. Consequently, it is only logical and common sensical that the Senate shall also be involved in the disengagement of such an officer. This eliminates undue political interference in the operations of the Commission. It engenders independence. It enhances responsibility, career progression, institutionalization, stability, professionalism. It eliminates government manipulative tendencies and unnecessary leadership bickering and anxiety. Examples of institutions that anjoy these stabizing qualities re the INEC and CBN.

Section 4 of the EFCC (Establishment) Act provides :

“Where a vacancy occurs in the membership of the commission, it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however that the successor shall represent the same interest as his predecessor”.

This provision leads to undeue corruption, nepotism, favouritism and sectionalism, because it is open-ended. It leads, invariably to sycophancy, fear, anxiety, polticisation, uncertainty and abuse of office.

Rather, an amendment is necessary as follows: 

“where a vacancy occurs in the membership of the Commission, no one shall be in office in an acting capacity for a period of more than six months before such position be filled by the appointment of a successor to hold office for a term or remainder of the term of himself or his predecessor, so however that the successor shall represent the same interest as his predecessor

There shall be a specific provision to the effect that the EFCC shall not be controlled by any other government Agency, personnel or institutions. This will guarantee its total independence from external influence or manipulation.