Constitutional lawyer and human rights activist, Mike Ozekhome has noted that the refusal of Economic and Financial Crimes Commission, EFCC, to submit investigations reports of corruption cases to the Attorney-General of the Federation, AGF, as constitutionally required has thrown Nigeria into a big mess.
There has been a face-off between the EFCC and the AGF with the later threatening to report both the ICPC and the EFCC to the Presidency for withholding files of corruption cases against former Governors and Senators.
Ozekhome described EFCC’s attitude as impunity in its form which is akin to the greatest form of corruption.
He said by embarking on such action, “The EFCC is not only breaching section 10 of the EFCC Regulations, 2010, but is actually subverting the Nigerian Constitution in a most flagrant manner.”
The human rights lawyer in a statement he entitled “EFCC VS AGF FACE OFF: When the Tail Wags the Dog” said, “I am not surprised that the EFCC has scornfully and disdainfully refused to forward to the Attorney General of the Federation the outcome of investigations of high profile Corruption cases with the recommendations thereon.
“The EFCC has since become an island on to itself, no doubt, a country within a country, like the Papacy, which is recognized by the UNO, is a Nation within Italy, another nation.
“It has since behaved, acted and lived above the laws of the land, contrary to its motto, ‘No one is above the Law’.
“Like witches and wizards whose activities are shrouded in eerie secrecy in covens, the EFCC has carried on without accounting and answering to anyone.
“It does not obey legislative queries or resolutions of the bicameral National Assembly (Senate and House of Representatives).
“It defies court orders with imperious impunity and ridicule. Now, it has carried the battle to the remaining 3rd arm of government, the very executive, of which it actually forms a part and parcel.
“To continue to defy the AGF, the EFCC must first amend the 1999 Constitution to enable it usurp and appropriate the powers of the AGF clearly spelt out in in section 174 of the 1999 Constitution.
“This section donates to the AGF, absolute powers to institute, take over or discontinue any criminal proceedings in Nigeria, subject to certain constitutional imperatives, which do not however concern the EFCC.
“The EFCC which is clearly under the supervisory jurisdiction of the office AGF does not possess such powers.
“This government has turned everything upside down. It is so pitiable! “The EFCC in an unholy alliance with the power drunk, dictatorial and unpretentious PACAC (Presidential Advisory Committee Against Corruption), has since usurped the powers of the AGF under the Constitution.
“The EFCC is therefore not only breaching section 10 of the EFCC Regulations, 2010, but is actually subverting the Nigerian Constitution in a most flagrant manner.
“This is impunity in its naked form, and crass constitutional aberration, both of which signpost the worst forms of corruption. “Where do we go from here, now that the falcon can no longer hear the falconer and mere anarchy has been loosen upon the world?
“Nigeria is in a big governance mess, tottering to no identifiable destination, with no one appearing to be in charge. God, help us.”