According to Punch, there are indications that the incoming Muhammadu Buhari presidency may discard the regulations drawn for the Economic and Financial Crimes Commission by the Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN), The PUNCH has learnt.
The regulation, a subsidiary legislation derived from provisions of section 43 of the EFCC (Establishment) Act 2004, is believed to be hampering the independence of the anti-graft agency in prosecuting high profile corruption cases.
A senior lawyer, who is familiar with the incoming administration’s anti-corruption strategy, disclosed to Punch correspondent that the regulation drawn by Adoke would be dropped or reviewed.
According to the source, the independence of the EFCC as the Buhari government will desire in its bid to deliver on its promise to fight corruption, cannot be guaranteed under such regulation.
Section 10 of the regulation mandates the EFCC to report the outcome of its investigations on “serious or complex” cases to the AGF before commencing prosecution.
What constitutes a “serious or complex” case, according to Adoke, includes having a “significant international dimension,” involves money or assets worth N50m, or is likely to be of widespread public concern, among others.
“The incoming government will ensure that there is no interference with the investigation and prosecution by the EFCC. So, parts of Adoke’s regulation will be reviewed if not completely discarded,” the source said.
Section 43 of the EFCC Act from which Adoke derived his power to draw regulations for the anti-graft agency reads, “The Attorney General of the Federation may make rules or regulations with respect to the exercise of any of the duties, functions or powers of the commission under this Act.”
The 10-part regulations drawn by Adoke pursuant to the provisions of the EFCC Act commenced on September 20, 2010, about five months after he assumed office on April 6, 2010.
The AGF’s directives to the EFCC covers procedure for receiving complaints, investigation, arrest and granting of bail, prosecution of cases, valuation and disposal of seized assets, plea bargain, foreign aid and grants.
Section 10 of the regulation, titled ‘Report of Results of Investigation in certain cases’ reads, “(1) Where the commission conducts investigation in respect of a case or complaint which is serious or complex it shall forward to the Attorney General (of the Federation) the outcome of the investigation with its recommendations on whether there are sufficient grounds to initiate prosecution.
“(2) For the purpose of these regulations, a case is serious or complex if the case or complaint:
“(a) has a significant international dimension;
“(b) involves money or assets of a value exceeding N50m;
“(c) requires specialised knowledge of financial, commercial, fiscal or regulatory matters such as the operation of markets, banking systems, trusts, or tax regimes;
“(d) involves allegations of fraudulent activity against numerous victims;
“(e) involves substantial and significant loss of funds by a Ministry, Department or public body
“(f) is likely to be of widespread public concern; or
“(g) involves an alleged misconduct which amounts to an act of economic sabotage.”
Though section 6 of the regulation says, “Nothing shall be construed as preventing the commission from exercising any of its powers under section 7 of the Act (the EFCC Act)” but some employees of the commission said the need to get approval from the AGF and the presidency before it could prosecute had not augured well for the EFCC. (Punch).