(PART 5) Ozekhome's formal written presentation on Magu

 Continues:

REFUSAL TO RELEASE THE INTERNATIONAL PASSPORT OF GENERAL PAUL BOROH TO THE COURT DESPITE SUBSISTING COURT ORDER

Gen. Paul Boroh & Anor were charged with Conspiracy, Breach of Trust, Dishonest Conversion and Corrupt advantage on Estacode, brought under the Penal Code and ICPC Act. They were arraigned on 9 Counts Charges before Justice Goodluck of FCT High Court 4 Abuja, on the 3rd of October, 2019, in Charge No. CR/138/2019. On the 3rd day of January, 2019. We argued Gen. Boroh’s bail which was granted. One of the bail conditions granted by the court was the release of his international passport to the court. The international passport had been in custody of the EFCC since his arrest by the EFCC. The EFCC, inspite of the court’s order to transfer the possession of Gen. Boroh’s international passport to the court, thereby frustrating the full perfection of the bail of Gen. Boroh. We were again compelled to write to the EFCC to transfer possession of the passport to the court, which they still failed to accede to. We were forced to report this impunity in open court, before the EFCC was compelled to obey the order of the court. 

See EXHIBITS EE, EE1, EE2, EE3, EE4, EE5 and EE6.

MY RECOMMENDATIONS FOR A STRENGTHENED ANTI-CORRUPTION FIGHT

In addition to my comprehensive write up titled the "A-Z and 24 Dos and Don'ts of how to fight corruption", and my previous writes-up/articles/CDs, (See CDs A, B, C, D and E) which I have all put together in a file, I humbly make the following recommendations before this panel on how to rejig, re-engineer and strengthen the EFCC to properly perform its anti-graft role within the confines of extant laws. 

INVESTIGATION VERSUS PROSECUTION : THE MISSING LINK

One of the greatest minueses of anti-corruption fight rests in EFCC’s poor investigation of offences by its investigating officers.

Some EFCC Operatives habitually torture suspects to obtain some predetermined information. Such is the case of our client, one Desmond Nunugwo, who actually died in EFCC custody. He had been brutally arrested and detained in EFCC custody, where he died there on 10th June, 2016. The EFCC took his body to the National Hospital Mortuary. The family was threatened to shut up. We had to write series of letters for a release of the corpse to the mortuary. See generally pages 30-31 of this write up.

MY SPECIFIC RECOMMENDATIONS ON THE ABOVE

Predicated on the above, we hereby humbly recommend that:

All personnel involved in investigation activities must be experienced and non-compromised personnel, who are grounded in current world investigation processes, due process and the rule of law. They must be personnel who are specially trained, locally and abroad, using international best practices in scientific and forensic investigation.

Prosecutors of high profile cases should stop playing to the gallery and public adulation by filing phoney 50 - 100 counts charge, on a matter they-know full well can be accommodated by 10 - 15 counts. By turning back to subsequent serial amendments, they delay justice; but turn around to blame the hapless defendant, the harassed Counsel and the already intimidated judiciary for delay in conclusion of criminal cases.

EFCC must stop having special secret sessions with designated Judges hearing EFCC matters behind the back of the Defendant and his Counsel. There is no justice in such a skewed system where only one party is heard and the other party (usually the Defendant and his counsel) is kept in the dark.

EFCC prosecutors must stop using foul language feely against Judges and the Defendants’ Counsel in open court, simply because they believe they have "government might" or "Magu power" behind them. I have personally watched court proceedings, to my embarrassment and horror, where Judges openly condescended and knowtowed to the rough tactics, offensive words and grand-standing maneuvres by prosecuting Counsel, all for the fear of EFCC and its ‘’almighty Magu’’. You can never win a corruption war that way.

EFCC must stop harassing Judges and lawyers, both secretly and publicly, calling them ‘‘corrupt’’, simply because such Judges seek their independence and non-interference, to decide cases according to law and the facts ; and simply because the said lawyers are performing their normal dues. When you abuse Judges, you must know you are still going to appear before them some day. What have such lawyers done, other than merely doing their legitimate job of defending accused persons, in accordance with time-honoured principles embedded in the "Cab Rank" Rule; Rondel v. Worsley and section 36 of the 1999 Constitution ? Nothing.

THE OBNOXIOUS POLICY OF "NAME-AND-SHAME" IS OUTRAGEOUS

The government, through the EFCC, started an obnoxious policy of "name-and-shame" people who are mere suspects. [see: https://punchng.com/nigerians-tell-buhari-name-shame-Iooters-mere-tigures-not-enough/; https://thenationonlineng.netlname-and-shame/; 

https://www.bbc.com/pidgin/tori-432529761. They believe that once a person is accused of corruption, they should "name-and-shame"him. According to them, it does not matter that such person is later freed, or never tried at all. The stigma must remain with him for life.

EFCC must stop “naming and shaming” politically exposed - persons (PEPs) and other Nigerians who have not yet been arraigned, tried and convicted by courts of law in accordance with extant laws.

SCRAP ON THE PRESIDENTIAL ADVISORY COMMITTEE AGAINST CORRUPTION (PACAC)

It is on this note that I humbly recommend that PACAC be wholly completely reformed and restructured, or be totally dissolved, and be made to wind up its activities. This is because its positive impact has never been felt in the anti-

corruption war. It merely turned itself into Mr Magu's mouthpiece. PACAC encouraged Magu to be brazen in his selective fight against corruption.

CREATE A SEPARATE INDEPENDENT PROSECUTING AGENCY

An Independent prosecuting agency should be created in form of the Crown Prosecution Agency in England. This shall be responsible for evaluation and investigation of cases, which are only meant and fit for prosecution. It is not in all circumstances that a case must be prosecuted even when there are supporting material and evidence. Pursuing "yahoo boys" involved in small criminal activities when the entire polity reeks of people (many in government and politics) who proudly live above their legitimate means, and pretending they do not exist cannot help the anti- corruption war. It actually defeats it. 

CREATE A SEPARATE PROCEEDS OF CRIMES AGENCY (POCA)

EFCC cannot be the investigator, prosecutor, recoverer and at the same time, the keeper and manager of confiscated and recovered properties assets and looted funds. That gives room for great temptation to dip its hands into the till and take its own share. And it has so far generously done this. It is like a dog hunting and killing an animal. The hunter usually quickly snatches the carcass from the dog; otherwise, it will feed on it. The EFCC has so far played god in this regard. It recovers and keeps forfeited assets, monies and properties. It goes ahead to dispose or sell some to preferred ‘‘buyers’’, cronies, associates and friends. It even extends this to persons under investigation or prosecution. Many a times, it disposes of them at ridiculous prices. It is trite that power corrupts and absolute power corrupts absolutely.

Nigerians cry over this daily and the internet is replete with such recipients of recovered, but relooted funds. My letter to the Vice President, Prof. Yemi Osibanjo, SAN, dated 31st May, 2017 (and received on 1st June, 2017), specifically identified monies and assets recovered as at that date. The question is, where are they now? (See page 7 of this write-up).

A separate agency to manage proceeds and assets of crimes to be known as Proceeds Of Crimes Agency (POCA) should immediately be created to ensure full accountability and transparency in the entire management of recovered assets. This will ensure that assets are properly managed in such a way that the Nigerian people derive maximum benefit from same, as opposed to the present situation where recovered assets are either lying wasted across the country or being sold to cronies, friends, associates and fronts at gross undervalue. Some of these properties are being mindlessly and shamelessly converted to personal use and allocated to some select persons on funny sundry grounds, without due authorization or due process of law. For example, a woman was said to have been allocated one of the seized luxury houses in highbrow Maitama, Abuja, without any court order or authorisation, on the flimsy ground that her husband had been killed by Boko haram insurgents in the North East. The questions are why did Magu not send this woman to the IDP camp like other victims of the Boko haram insurgency, or at best, use his personal funds on his alleged compassionate grounds, to get her a “befitting accommodation”?. The EFCC is not a Father Christmas and this particular “gift” is completely outside its statutory mandate. After all, we have NEMA and NATIONAL REFUGEES COMMISSION (NRC), whose mandates covers situations such as this. We also have a fully Ministry dedicated to humanitarian matters. This is a tip of the iceberg of the gross abuse of the same abuse of the same agency recovering and managing assets.

NEED FOR INTER-AGENCY CO-OPERATION

The anti-corruption fight has serially suffered hiccups and self immolation when the different agencies of government went for each other's jugular. It was and still is, a fight for narcissistic recognition. Each strives to undo the other, playing to the gallery to be seen and praised by Mr President,  high-heeled officials in government and members of the public as fighting corruption.

We have seen EFCC officials being involved in public brawls with DSS officials over attempts at arresting a former DSS Director. We have seen EFCC and the government itself defying reports by the DSS (the very secret service of the government), which indicted Mr Ibrahim Magu, saying he had “failed the integrity test”. Based on this, the Senate, twice, rejected confirming Mr Magu as substantive EFCC Chairman. Yet, the government on the prodding of PACAC and the Pro-Magu motley crowd ket Magu in office as “Acting Chairman” of the EFCC. He was to act forever whether or notthe Senate confirmed him (a compulsory statutory requirement by section 2(3) of the EFCC (Establishment) Act, 2004. 

There are many more embarrassing statements made by PACAC which were (and are) actually counter-productive to the fight against corruption. It openly supports corruption within government to abuses lawyers and Judges, even Supreme Court Justices. PACAC encouraged retention of Mrs. Kemi Adeosun as Minister of Finance and Budgetary Affairs, say her alleged forgery of NYSC was “nothing” and “rubbish”, since she was “damn good” at her job as Minister. A PACAC member, Professor Odekunle recommended “roforofo” fight, even the shooting of suspects without trial. PACAC supported the midnight invasion of judges homes by hooded DSS operatives and more!

EFCC SHOULD NEVER AGAIN BE HEADED BY THE POLICE

The Nigerian Police Force (NPF) is enacted in sections 214 and 215 of the 1999 Constitution. Its years of operation, using its powers under section 4 of the Police Act and the Administration of Criminal Justice Act (ACJA), have not endeared the NPF to the generality of Nigerians. Its perceived or real corruption, extra-judicial killings, violation of people's rights, desecration of the rule of law, and such negative perceptions have made it to be loathed by the ordinary Nigerian. The Police already has the special Anti-Fraud Unit (SFU) and different sections, such as SARS, CID, etc, dealing with terrorism, money laundering, advance fee fraud, and such security offences.

EFCC had been moved out of the Police Anti-Fraud Unit as an independent body to fight corruption frontally because of issues of lack of capacity believed to be embedded in the Police Anti-Fraud Unit. The EFCC was therefore, specifically set up to deal with economic and financial crimes (See section 7 of the EFCC (Establishment) Act, 2004. However, most regrettably, over 75% of the EFCC operatives are Police Officers, already fixated in their old ways of doing things. So, what had changed? Nothing. If you ask me, it amounts to merely putting old wine in a new bottle; the taste will never change. Or like straighten a dried fish - it must crack and break into smithereens. This is why the headship of the EFCC since inception by successive Police Officers has not achieved the desired results of curbing corruption in Nigeria. I therefore recommend debriefing of all the Police Officers in EFCC and sending them back to the Police Force; and in their place, employ and train personnel whose specialties shall be to track, trace and investigate financial crimes. The prosecution of such crimes should be left to a separate prosecution Agency.

Compare this ugly scenario with the ICPC when it was headed by retired President of the Court of Appeal, the late Justice Akanbi, JCA (rtd) between 2000 and 2005. Under Akanbi, no cases of corruption, re-looting recovered loots, monies and properties, was ever reported against the Chairman and his subordinates, as we have it today.

One of the most regrettable and unfortunate provions in the EFCC's Establishment Act is provision concerning the headship of the Commission. This provision makes EFCC more or less a permanent department in the Police Force because as provided by section 2(1)(a)(ii) of the EFCC (Establishment) Act, "the Commission shall consist of ... a chairman, who shall be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent”. None of such officers them would ever be bold enough to investigate, for example, his boss who is the Inspector General of Police, without fear of favour.

I hereby recommend that never again must the EFCC be headed by Policemen (serving or retired), or members of other security agencies. I recommend that henceforth, the EFCC Act should be amended to state that the EFCC shall be headed by a respectable and incorruptible (and uncorrupted) retired Justice of the Supreme Court or Court of Appeal, without any blemish howsoever. Such a person shall head the Board, while a serving, well trained EFCC operative shall be the CEO.

HALT THE LOPSIDEDNESS OF THE ANTI-CORRUPTION FIGHT

By making it "they" versus "us", “puritans” and “sinners” and the government was already on the way to losing the anti-corruption fight. Members of the ruling party are always left untouched. The ruling party encourages people from other parties to decamp to the APC, and once that was done, their "sins are forgiven". Critics, rights activists, dissenters, opposition, are targeted. When corruption is fought with selectivity, opaqueness, nepotism, sectionalism and favouritism, the people will not buy into it. When you arraign an internet fraud suspect allegedly engaged in a mere fraud and ignore specific allegations concerning big party top shots regarding bullion vans of money, and billions of suspect monies, the people are not deceived.

BUILD STRONG INSTITUTIONS, NOT STRONG MEN

EFCC has always sought to build strong men and strong women, instead of strengthening it as a credible and independent institution. This is wrong. They forget that “soldiers go, soldiers come, but barracks remain”.

EFCC MUST BE TRANSPARENT

EFCC must be transparent and render full account to Nigerians of its activities, incomes and proceeds of crime, as provided for in the Act establishing it. Before this present saga broke out, Nigerians, for over three years, had demanded for the whereabouts of recovered looted properties and funds, which they believed were being relooted. I, for one, wrote to the Vice President, Prof. Yemi Osibanjo, SAN (As Acting President), on it, on 31st May, 2017. See pages 7 of this write-up.

EFCC MUST OBEY COURT ORDERS, EVEN IF UNPALATABLE

The hallmark of a constitutional democracy such as we operate in Nigeria is that court orders must be obeyed by all, even if unpalatable. EFCC is used to disobeying over 95% of valid and extant court orders. In the Patience Jonathan case handled by Ifedayo Adedipe, SAN, my humble self and late Glanville Abibo, SAN, the EFCC refused to obey court orders by allowing banks pay money to the much traduced and humiliated former First Lady, after full blown hearing. No First Lady in the history of Nigeria has suffered so much humiliation, spite, malevolence, disrespect and scabby treatment, as Dame Patience Jonathan under the EFCC led by Mr. Magu did to Patience Jonathan in the last four years. Magu wrote letters to concerned banks, warning them under pain of shut down, not to release money already unfrozen by competent courts of law. The banks of course preferred to obey Magu and EFCC, rather than court orders. Mere EFCC letters became superior to court orders, and were rather obeyed by frightened and intimidated banks. See page 34 of this write-up.

Once international investors know that court orders are violated with impunity, there is always mass disinvestment and capital flight. One of the secrets of the Asian Tigers is obedience to court orders and due adherence to observance of the rule of law.

EFCC MUST STOP FORUM-SHOPPING AND ABUSE OFCOURT PROCESS

The serial acts of forum-shopping from one “unfavourable” court to another perceived to be more “favourable”, is despicable and leads to loss of faith in the judicial system. Some Judges in Nigeria are today derisively tagged "EFCC Judges". Virtually every Nigerian knows the outcome of any case assigned to them, even before commencement of trial. Of course, they never disaapoint as they do everything possible, legal of illegal, professional or unethical to please the government, Magu, the “Magu Boys” and hold-winked members of the public baying for the blood of suspects. Other Judges are labelled "anti-EFCC" or "anti-fight against corruption" Judges. They are harassed, intimidated, blackmailed, petitioned against and generally despised. I have handled many cases (examples given in my detailed submission herein) which I won, with EFCC rushing from Abuja to similar courts in Lagos, Kano, and vice versa to file the same case, with the same parties and the same subject matter. I have herein tendered bundles of files showing instances of this unsavoury act of the EFCC.

STOP ORCHESTRATED DENIGRATION OF THE JUDICIARY AND JUDGES

The EFCC, DSS, the Police and other security agents have made it almost a pastime to abuse serving Judges, harass them even in open courts, and denigrate their integrity. They know that these Judges cannot fight back, or even reply publicly. The Judges suffer in silence. Yet, these are the same Judges they would still want to appear before and win every case before. Once they lose a case, the Judge must be corrupt, or must have been bribed, irrespective of the facts and the law. The EFCC cannot have its cake and eat it, or eat its cake and have it. It cannot approbate and reprobate simultaneously. 

EFCC MUST NOT WIN EVERY CASE IN THE NAME OF FIGHTING CORRUPTION

There must be amity, fair play and fair trial in all cases. EFCC believe, in employing all methods, orthodox or unorthodox, dirty or intimidating, to win every case. They intimidate lawyers, bespatter them with the paintbrush of corruption, for merely performing their lawful duty in defending their clients, who are themselves being prosecuted by some of the best lawyers that the Government can hire. Once a Judge delivers an unfavourable interim ruling, or makes an unfavourable interim order, the file is promptly withdrawn from such a Judge and re-assigned to another Judge, for more favourable results. This is completely wrong, outrageous and unacceptable. It is not every case the EFCC must win [see "Senior lawyers, corrupt Journalists frustrating Anti- corruption war - EFCC Chair" - saharareporters.com -16/02/2016], and the skewed views of EFCC, Magu, PACAC and their cheer persons and clappers.

NBA & LPDC SHOULD CHECK-MATE ERRING PROSECUTORS AND DEFENCE COUNSEL

The legal Practitioners Disciplinary Committee (LPDC) must rise up to check the overbearing activities of lawyers - whether prosecutors or defence counsel - who deliberately use the judicial machinery to suppress or miscarry justice. Very often, EFCC Prosecutors stroll into a court late, and you see a Judge even differing to such errant lawyers, and "welcoming" them. 

Some of such lawyers talk down on their very Senior colleagues, and insult them openly in court because they believe they are protected by "federal might" or EFCC or Mr Magu. Members of the public present at such court proceedings always gape at the glaring deference to such errant prosecutors.  

EFCC MUST UPHOLD CITIZENS' RIGHTS AND THE RULE OF LAW

Even amongst mad people, there is honour, dignity, due process and rhythm. EFCC cannot hope to win any anti-corruption fight by freely trampling on citizens' fundamental rights and muzzling Rule of Law. Fighting corruption and respecting people's fundamental rights and the rule of law are not mutually exclusive.

EFCC MUST STOP MEDIA TRIAL AND PREMATURE LEAKAGE OF SUSPECTS' STATEMENTS TO PRESS

A suspect being interviewed in the dark recesses of the EFCC premises has all his verbatim question-and-answer session and revealed spilled out the following morning in newspapers, particular two friendly print and online newspapers. They are used by the EFCC to destroy innocent people's character and hard-earned reputation, in alliance with its media supporter. They are hands-in-gloves. The EFCC's act of leaking information (some very sensitive) to the media is highly prejudicial to such a suspect’s case, as he is presumed innocent until the contrary is proven – (section 36 of the 1999 Constitution.)

EFCC MUST STOP FISHING FOR EVIDENCE

It is expected that before a suspect is hauled in, some credible, or tangible evidence of wrong doing must have been found against such a suspect. What EFCC merely does is to first detain a person and wear him out physically, mentally and psychologically. They then proceed to throw a wide net into the sea, seize the suspects phones and laptops, to scroll through for any incriminating evidence. They then give Assets Declaration forms to the suspects to fill - all to fish for evidence or get the suspects to self-incriminate. This is surely not how to fight corruption. Some suspects are detained for lengthy period, tortured to obtain make certain pre-conceived statements. We have a client who mysteriously died in EFCC custody in June, 2016, after he was arrested, hale and hearty. His name is Mr Desmond Nunugwo. He suffered gruesome death shortly after he was taken into EFCC custody.

EFCC MUST RESPECT THE HALLOWED DOCTRINE OF SEPARATION OF POWERS

The EFCC cannot belong to the Executive and also seek to annex the Judiciary and Legislature. This doctrine, well propounded by Baron de Montesquieu in 1748, remains true today, as it was then. It enthrones and enhances checks and balances, because power corrupts and absolute power corrupts absolutely.

EFCC MUST STOP CASTIGATING LAWYERS FOR DOING THEIR WORK

On 16th February, 2016, Magu said that it was Senior lawyers and Journalists, who were frustrating the anti-corruption war. Magu stated as follows: "one of the big challenges we have in the effective prosecution of the war on corruption, is that of very senior lawyers who Nigeria has been very kind to. They, who went to good schools when Nigeria was good, many of them, on Government scholarship. They who Nigeria has given so much opportunity, when we have corruption cases; cases of people who have stolen food from the mouths of our children; when we have cases of people who have stolen monet meant to build hospitals and buy drugs; when we have cases of people who have stolen all the money meant to buy guns for our soldiers to fight Boko Haram; when we have these cases of wicked people who have stolen Nigerians' money, they run to these same senior lawyers, give them a part of the stolen money and mobilize them to fight us, to delay us in court and to deny Nigerians of justice. These are the people who do not want justice for the common man" [see: "Senior lawyers, corrupt journalists frustrating Anti-corruption war - EFCC Acting Chairman" - saharareporters.com of 16th February, 2016]. Statements such as this are clearly outrageous and defeats the essence of fair hearing, accorded every suspect accused of a criminal offence and who is entitled to have a lawyer of his choice to defend him.  

EFCC MUST DISCONTINUE WIRE-TAPING AND EAVES-DROPPING ON SUSPECTS –LAWYERS CONVERSATION

We are not in a military junta or fascist regime. So, the EFCC conversation must stop the obnoxious act of wire-taping suspects-lawyers' and listening to their confidential exchanges.

EFCC MUST USE THE POSITIVE ASPECTS OF THE CONSTITUTION AND ACJA, NOT THE NEGATIVE ASPECT

EFCC should study the entire chapter 4 of the 1999 Constitution that deals with fundamental rights. They should also study sections 5 and 7 of the ACJA that also respects these rights. They must discard their love for and embrace of Section 293(1) of the ACJA, which allows them to procure a magistrate court detention for 2 weeks and renewable for another 2 weeks. They should instead embrace Section 35(5) of the 1999 Constitution that prescribes 24 hours detention. Afterall, the Constitution is superior to and overrides the ACJA by its Section 1(1) and 1(3).  

STOP PROCURING MAGISTRATE COURT DETENTION ORDERS FOR 2 WEEKS AND EXTENDING IT FOR ANOTHER 2 WEEKS

This is EFCC's pass time. As discussed above, they first pick up suspects, and then rush to Magistrate courts to obtain detention orders, first for 2 weeks, and then for a renewed period of another 2 weeks. These detention orders are already typed out and merely shoved down the throats of squirming and frightened Magistrates. 

EFCC MUST RESPECT PROVISIONS OF THE EXTANT LAW

The EFCC cannot be said to be fighting corruption when it serially breaches extant laws. For example, it froze the bank accounts of a sitting Governor, Ayodele Fayose and served him with summons relating to seizure of his money, against the clear provisions of section 308 of the 1999 Constitution which bars any of such actions against a sitting Governor. This is to prevent such a Governor being distracted with tortious litigations, but to enable him face the issues of governance. This singular act portends a grave danger to the survival of democracy as clearly as we would have been faced with an EFCC that is above the 1999 Constitution, which is our ground norm. Mr Magu, or whoever that was advising him, ought to have known that time does not run against an offence of financial crime, nor was the immunity enjoyed by Governor Fayose going to last forever. So in whose interest was the EFCC working in this stead? As promised by Fayose, he submitted himself voluntarily on 16th October, 2018, after leaving office as Governor of Ekiti state. Yet, he was still hauled into detention. Thus, fayose had voluntarily submitted himself to EFCC in company of his lawyers. Yet, he was clamped into detention for months before the Judiciary rescued him through the bail process. I had personally accompanied Governor Fayose, a day after he left office, to the EFCC's office on his own volition, where he voluntarily turned himself to EFCC for questioning. In a civilised clime where financial crimes are fought in accordance with due process and rule of law, courtesy demanded that Governor Fayose would simply have been given administrative bail on most liberal terms, or even on personal recognisance, to encourage others to do so in future. But, that did not happen. Instead, Governor Fayose was put in EFCC dungeon and kept as long as Magu desired until we fought hard to secure his bail through the court process.

The position of EFCC Executive Chairman as the CEO should be immediately abrogated as the Executive Head of the Commission. The Chairman should not oversight himself as has been the case. There should therefore be a CEO, in the form of a Director General, with a strong Board in place, to check the excesses of the said DG or CEO and oversight the Commission as an anit-corruption Agency.

 CAPACITY BUILDING OF EFCC PERSONNEL

The scope of qualification of all EFCC personnel should be widened to accommodate voluntary retired Judges, forensic auditors, accountants and lawyers, as in the ICPC. EFCC operatives should be specially trained; An amended EFCC Act must dispense with Police Officers as its core operatives. They pollute the anti-corruption fight. 

ABOLISH TOO MANY SECURITY GUARDS FOR ANY EFCC HEAD

What is an EFCC Chairman doing with over 30 fully armed mobile police officers, with a convoy similar to that of the President of Nigeria or a State Governor? Many EFCC operatives have been trained at its Karu Training Institute, Abuja, in the art of forensic investigation. They should be allowed to do their work. The Police should be sent packing back to their primary responsibilities and functions of maintaining law, order, peace and internal security of the country.

EFCC ENTHRONE INTERNAL CONTROL MECHANISM

No internal control mechanism currently exists within the EFCC. The EFCC Board was ever allowed to function, contrary to the provisions of section 2(2) of the EFCC (Establishment) Act, 2004. Magu was virtually a Sole Administrator of the EFCC. This should never happen again.

AMENDMENT OF THE EFCC ACT

For better a better, reformed and more effective EFCC institution, the following Sections of the EFCC (Establishment) Act, 2004, calls for urgent or immediate amendment:

Section 2: (i) (a) ii of the Act states thus: "be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or it equivalent; and”. This is bad. It has led to the EFCC’s inefficiency and ineffectiveness.   

Rather, an amendment is hereby proposed to read thus;

There shall be a Chairman of the Board who shall overseer the activities and operatives of the Agencies. Such a person shall be a retired Judge of the Superior courts of Nigeria of unquestionable character. 

 There shall be a Director-General, who shall be the Chief Executive officer (CEO). He shall be a serving or retired EFCC law enforcement officer not below the Commission's rank of deputy detective commander (GL 16) or it equivalent in a relevant government security or law enforcement agency.

The reason for the proposed amendment is that the EFCC has since evolved beyond the lame provisions of section 2 (i) (a)ii of the EFCC Act. They have become obsolete and no longer in tandem with modern trends and international best practices. When the Act was drafted, the Commission was new, and did not have Operatives and ranking system of its own. This was probably why the Police ranking system was employed to benchmark the qualifications for office of the EFCC Executive Chairman.

The EFCC has since evolved with its ranking system, with qualified and experienced Operatives. To allow for and encourage institutionalization, professionalism, Independence, non-interferance, career progression, stability, leadership anxiety, responsibility, growth and development. The EFCC template must be followed. The EFCC is greatly demeaned and downgraded when ordinary Assistant Commissioner of Police of grade level 13 or its equivalent in other government security or law enforcement Agencies is made to head the Commission. To ensure total allegiance and loyalty to the EFCC, no former Head of the Commission shall be allowed to return to, or further pursue a career in the Public Service of the Federation or a State.

Section 3; (2) of the EFCC (Establishment) Act states thus:

“4 member of the Commission may at any time be removed by the President for 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 interest of the commission or the interest of the public that the member should continue in office”

This is stultifying and discouraging. It does not engender independence of the actions. 

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