An anti-corruption Group, Network of Social Workers Against Corruption (N-SWAC) has called for the speedy implementation of amendments to the Act of parliament that established the Independent Corrupt Practices Commission (ICPC), saying that the amendments strengthen the institution rather than individuals.
President of the Group, Barr. Noel Kadiri who spoke on Monday, in Abuja, commended the Senate for the amendments, saying that the amended Act has what it takes to change the game for better in the war against corruption in Nigeria.
‘Yes, the Senate has amended the ICPC Act as a strategy for strengthening the institution rather than individuals,’ he said, adding that some media platforms misunderstood the significance of the amendments and wrongly accused the Senate of reducing the powers of the Commission’s Chairman.’
According to him, ‘the intention of the amendments is to enhance the Commission’s effectiveness,’ adding that the ICPC was established more than twenty years ago, and its existing Act has become outdated and incongruent with present-day circumstances.
Discussing the amendments and how they will strengthen the anti-corruption war, the president explained that the fines stated in the establishment Act have been increased to reflect current realities. ‘Previously, no fine exceeded one million naira, but the Amendment has raised the fines to as much as five million naira to serve as a stronger deterrent,’ he said.
He explained that the existing Act allowed the Director of Public Prosecution to give directives to the Commission, which was deemed contrary to the principles of independence, has been addressed. He said in order to align with regional and international conventions and treaties, including the United Nations Convention Against Corruption (UNCAC), the clause has been removed to enhance the Commission’s independence.
While saying that it is customary for Commissions to create delegated legislation in the form of guidelines, rules, standing orders, he pointed out that the existing Act only empowered the Chairman to establish such rules, adding that the Amendment ensures that these rules are formulated by the Commission as a whole, rather than solely by the Chairman, thereby promoting internal corporate governance.
Discussing how the amendment confers statutory responsibility on the Chairman and Members of the Board of ICPC, Kadiri said: ‘The Board of the Commission, consisting of the Chairman and 12 members had previously been underutilized. The Amendment now provides specific roles and responsibilities for these executive members, similar to other important government institutions like the Independent National Electoral Commission (INEC), thus preventing the Chairman from exploiting any loophole in the Commission’s administration.’
He said in order to avoid disruption which may be caused by the absence of the Chairman; the Amendment introduces a schedule for board meetings, while allowing members to elect a temporary chairperson when necessary. He explained that this feature of flexibility is in line with the quest for corporate governance, a system of administration that de-emphasizes monopoly of leadership in an organization, especially a public organization like the ICPC whose mandate is to fight financial crimes.
While saying that the amendments are well-intentioned and commendable, the group said it demonstrates the commitment of the National Assembly to strengthening anti-corruption agencies and ensuring their independence.
While calling on the public to disregard negative portrayal of the amendments, the president explained that the positive intentions of the National Assembly members are evident when the amendments are thoroughly investigated, stating that any alternative interpretation may be viewed as an intentional effort to weaken the Commission and undermine the incoming administration’s anti-corruption efforts.
