Issues As Sanwo-Olu Endorses Anti-Corruption Agency Law

*Legally, EFCC Can Hand Over Corruption Cases To States — Prof. Sagay

The Lagos State House of Assembly on Tuesday, December 8, 2020, passed into law, a bill to establish the Lagos State Public Complaints and Anti-Corruption Commission and for connected purposes. The bill, which could be described as one to have the speediest passage, was passed after it was read for the third time and a consequent voice vote conducted by the Speaker, Mudashiru Obasa.

Before the passage of the bill, the House had organised a day public hearing, where Obasa disclosed that the bill, when passed into law, would make public officers earn more public trust by improving public transparency and accountability in all spheres of governance in the state.

The Speaker, who was represented at the public hearing by his deputy, Wasiu Sanni-Eshinlokun, disclosed that when the bill becomes a law, it would underscore the stature of the bill as not just germane towards ensuring further accountability and trust.

He said, “The current bill seeks to create the Lagos State Public Complaints and Anti-Corruption Commission in Section 2 of the bill.

“For clarity purposes, the objectives of the commission are elaborately spelt in Section 8 while the general functions are itemised in Section 14 of the bill.

“To ensure diligence, the bill creates a clear administrative structure; offences under the scope of the commission; the jurisdiction; the commission’s modus operandi; funds management and disciplinary procedures.”

He added that the law was a public conscience, hence, regardless of how well it is drafted, it remains sacrosanct to hear from and incorporate the conscience and thought of the public to make a good law.

Before the final passage of the bill, some of the members raised concerns on how effective the law would be and how well its implementation would work out.

However, while many political analysts and stakeholders have wondered why the state legislators would pass such a bill into law. They questioned how a state government can achieve such powers to take corruption cases away from the country’s anti-corruption agencies, the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Section 13(3) of the law states that: “The commission shall upon the commencement of this law take over the investigation of all anti-corruption and financial crime cases involving the finances and assets of Lagos State Government being investigated by any other agency.”

Also, section 13(5) of the law provides that, “the commission shall have the power to the exclusion of any other agency or body to investigate and coordinate the investigation of corruption and financial crimes cases involving the finances and assets of the state government.”

The new agency is also empowered to probe any offence under the criminal law of the state in relation to corruption and financial crimes, abuse of office, offences relating to administration of justice, obtaining by false pretences, cybercrime, fake news, interception of emails and fraudulent dealing with property debtors.

After signing the law, Sanwo-Olu said the action was a testimony to the state government’s effort towards entrenching accountability in governance and checking malfeasance among officers entrusted with public resources.

According to him, the commission is to investigate and prosecute officials of the state government and deregistered contractors indicted for economic crimes and financial misappropriation.

Sanwo-Olu said “The bill establishing Public Complaints and Anti-Corruption Commission is an important legislation critical to the delivery of quality services to the citizens.

“When we came in, we had said we would be accountable and responsible in the appropriation of the state’s resources. We want to stand in front of the citizens to give account on how public funds are being spent.

“To give credence to this promise, the executive arm initiated the bill and sent it to the Assembly for approval. We believe that this law would ensure accountability of public funds, responsibility of public office, it will also promote dialogue among public officers to keep the trust of the people in the discharge of their duties in line with transparency.

“The anti-corruption commission will ensure that all approved activities are implemented in accordance with budgetary allocation”, he said, adding that the agency would complement efforts of similar agencies in the police and federal establishment.

However, there have been mixed reactions towards the law, especially from those in the legal profession. Some legal experts who spoke with DAILY INDEPENDENT, expressed divergent views over the law.

Prof. Itse Sagay, a Senior Advocate of Nigeria (SAN), and chairman of the Presidential Advisory Committee Against Corruption (PACAC) said, “legally, it is possible for the EFCC to hand over corruption cases it is investigating to states, provided there is an agreement between the parties. Under the EFCC Act, the states are allowed to do that. Even private prosecutors can be hired and the state prosecutors can also be involved in state courts.

When asked if the incumbent governor can prosecute his predecessors, Sagay said “Any former governor has no immunity, so it is possible for them to be prosecuted.”

On his part, Monday Ubani, a former Second Vice- President of the Nigerian Bar Association (NBA) said the anti-graft agencies should not hand over the cases to Lagos as that will mark the end of the investigation.

The former chairman, Ikeja branch of NBA said there is no way Governor Sanwo-Olu can prosecute Tinubu who placed a key role in the position he occupies as Lagos governor.

“I am worried about the EFCC handing over the cases to Lagos State Government. Do they have the powers to prosecute? Can the Lagos State Government prosecute Asiwaju Bola Tinubu? We all know that Tinubu is Lagos and Lagos is Tinubu. Is it Sanwo-Olu that will prosecute Tinubu?”

“Can Lagos State prosecute Babatunde Fashola? Obviously, if the EFCC should hand over the cases to the Lagos state government, that will be the end of those cases. Let them not just do what will put them in bad light.”

Also speaking, Senator Oserheimen Osunbor, a professor of Law and former Edo state governor said any law passed by the state House of Assembly on corruption or economic crimes is inferior to Acts of the National Assembly which sets up both the EFC and ICPC.

He said “To respond to your question I will refer you to the “doctrine of covering the field”. This means that where the Constitution or an Act of the National Assembly has provided for a particular matter and has, so to speak, covered the field, it will be pointless for a House of Assembly of a State to legislate on the same matter.

“That will be duplicity, a surplus and unconstitutional. Furthermore, section 4 of the Constitution provides expressly that any law passed by the House of Assembly of a State that is in conflict with an Act of the National Assembly shall be void to the extent of its inconsistency”.

“In the same vein, it has long been settled by the Supreme Court in the case of Attorney General of Ondo State v. Attorney General of the Federation some twenty years ago, that the ICPC Act (and presumably the EFCC Act) which seeks to curb corruption is within the legislative competence of the National Assembly”.

“In summary therefore, it is beyond any argument that any law passed by the House of Assembly of a State on corruption and economic crimes is inferior to Acts of the National Assembly on the same matter and is void to the extent of its inconsistency”.

Speaking on the new law, Dennis Alamu-George, Executive Secretary of Rescue Nigerian Economy Project, a civil society organisation alleged that Sanwo-Olu is only acting the script of Tinubu to put an end to his prosecution.

According to him, “This new law is simply a case of Tinubu and his acolytes creating their own special anti-graft law different from the one that you and I are subject to. It is his own way of pulling the rug off the feet of the APC cabal which wants to use his corruption cases to deflate his presidential campaign”.

“This is impunity, lawlessness, traits of dictatorship and demagoguery at play. If a man could do this because he controls only one State and he goes ahead to create a law aimed at exempting him from trial, if he becomes the President, he will create laws to suit himself or punish his opponents. This is a dangerous signal.

“This Lagos law will asphyxiate the EFCC and ICPC. It will narrow their scope of operations because other states will emulate Lagos and create similar laws. All out-going Governors will find the laws very attractive and as a protective shield and the law will only intensify the desperation of outgoing governors to put their lackeys in office by all means as successors”.

“EFCC and ICPC will end up with the ability to deal with only federal officers who get involved in corrupt practices. This style may be what to expect from the next APC government at federal level. Laws that are made to protect specific individuals. Don’t forget that Kano State started this trend when it set up an anti-corruption Commission to protect Umar Ganduje over the dollar case.”

“Now Lagos has taken it to a more dangerous height. The Lagos law states that when a case of corruption is before the State House of Assembly, the anti-corruption commission cannot look into it again. So, all the government needs when it is interested in protecting a person accused of corruption is to report the matter before the LSHA and leave the matter pending there”.

“The Tinubu Group is setting a dangerous trend and precedent. And they will be the loudest if half of what they are doing is tried by any other person or group. They believe they have taken control of the media and the CSOs,” he added.