Posted by By Adetutu Folasade-Koyi, Snr Correspondent, Abuja on
It is likely the Senate will this week remove from the Presidency the authority to sack any one on the Economic and Financial Crimes Commission (EFCC).
• Sack Of Employee Requires Senate Majority
• May Veto If Obasanjo Refuses Assent
It is likely the Senate will this week remove from the Presidency the authority to sack any one on the Economic and Financial Crimes Commission (EFCC).
Instead, a two-thirds majority of the Senate would be required to remove the chairman or any member of the body, a source on the Senate Committee on the amendment of the EFCC Act disclosed at the weekend in Abuja.
A total 16 Sections in the Act are slated for amendment.
They are 3 (2); 3 (3); 2 (1) (f); 2 (1) (g); 2 (1) (i); 2 (1) (j); 2 (1) (k); 2 (1) (o); 6; 6 (h); 6 (n); 15 (1); 15 (2); 15 (3); 39 (2) (c); and 43.
The existing Section 3 (2) says "a 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."
Section 3 (3) states that "a member of the Commission may resign his membership by notice in writing addressed to the President, and that member shall, on the date of the receipt of the notice by the President, cease to be a member."
The Senate may veto the amendments if President Olusegun Obasanjo does not assent to them.
Two weeks ago, the Upper House mandated a committee, led by Lawal Shuaibu, to probe the EFCC's list which indicted politicians.
It was also asked to recommend amendments to the EFCC Act 2004, so as to take the agency away from the clutches of Aso Rock.
It was learnt that two major amendments have been proposed to Sections 3 (2) and 3 (3).
Said the source: "It was an oversight on the part of the Senate in drafting and approving the EFCC Act. We didn't focus on Section 3 (2, 3). Part of the amendment is primarily about the power of sacking or not sacking the chairman or members of the Commission. We have proposed to the Senate that we take cognisance of the fact that it requires the Senate's consent to endorse the appointment of the chairman and members of the EFCC.
"Secondly, we have proposed that any dismissal of the chairman or a member of the EFCC must be done with the approval of two-thirds of the Senate. The second amendment is that even where the President wants to sack either the chairman or any member, the reason must be explicitly stated to the Senate, otherwise, it is an exercise in futility.
"Another amendment is that instead of an annual report to be submitted to the Senate, we are now demanding for two reports in a year. This would give the EFCC more confidence to do its work.
"That portion of the EFCC Act is like the proverbial underbelly of the crocodile. We feel that the President would exploit that Section, and if you notice the trend in Africa, most bosses tend to sack those who do not dance to their tune. Essentially, the amendments are meant to guarantee the independence of the EFCC."
Meanwhile, the Progressive Peoples Alliance (PPA) has praised the Senate panel's report that an indictment by the EFCC does not prevent a person from seeking an elective position.
The panel, also headed by Shuiabu, stated in its report that judicial interpretation of the full intent of Section 137 (i) of the Constitution be sought, and where such indictment has been challenged before a court, the candidate should be eligible to contest in an election, until otherwise ruled by the court.
PPA National Publicity Secretary, S. Akerele, said the Senate's observation that "the situation in which the triple actions of indictment, conviction, and disqualification of candidates are being done by the executive raises serious doubts about the true intent of the framers of the Constitution, and it's healthy for democracy.
"Otherwise, one day Nigeria will wake up to discover that one arm of government and one person has usurped the powers of the three arms of government."