ABUJA — The Economic and Financial Crimes Commission, EFCC, has
disclosed that the immunity clause in the nation’s constitution which
shields the President and state governors from prosecution while in
office was an aberration to the dictates of the rule of law and an
obstacle in the war against corruption.
Making the disclosure, weekend, a chief legal officer in the EFCC,
Mr. Ike Okonjo, also expressed concern that core anti-graft agencies in
Nigeria, such as the EFCC and the Independent Corrupt Practices and
other Related Offenses Commission, ICPC, had not enjoyed the desired
neutrality and independence in the performance of their statutory
duties.
Speaking at a two-day national conference in Abuja with the theme,
“Freedom of Information Act 2011 and the fight against corruption and
corporate fraud in governance,” organised by the Public Administration
and Management Development Institute, PAMDI, Okonjo said the EFCC, ICPC
and other affiliated ant-corruption agencies must feel completely free
to investigate and prosecute any person or persons, irrespective of
whose ox was gored.
In a paper entitled, “Strengthening and winning the anti-graft war
under the Freedom of Information Act 2011,” Okonjo noted that the first
thing to understand in any effective fight against corruption was that
no one was above the law.
His words: “The rule of law posits that the law is supreme and that
anyone found wanting or in breach of the law can be investigated or even
prosecuted. And this applies to all persons including the highest
office in the land –the office of the President.
On his part, a Lagos-based lawyer and civil rights activist, Mr Mike
Ubani, expressed fears that the Code of Conduct Bureau, CCB, Act
appeared to be contradictory with the provisions of the FoI Act which
makes access to information mandatory.
He said contrary to the Freedom of Information Act, the CCB had
maintained that members of the public might not have access to details
of assets declared by state governors or other public office holders on
the ground that the document contained personal information.
“We are in for a big trouble with this kind of attitude. We all know
instances where elected political office holders declare in advance what
they set out to steal in office, in their assets declaration forms.
They declare homes in America , UK , France , Bahamas , etc, that they
are yet to acquire by future stealing”.
“We also know they steal and use their spouses and children’s names
to acquire assets and properties. Yet, somebody will tell me that it is a
private information for which the public is entitled, not to have the
information,” he lamented.
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