Foundation for Buhari’s anti-graft war

Outgoing President Goodluck Jonathan is accused of not doing enough to punish corrupt practices since the start of his administration. He claimed that the anti-graft agencies under his watch had more convictions than at any other time in Nigeria’s history.A look at Nigeria’s anti-corruption strategy and agencies shows that there are uncountable loopholes, both in […]

Outgoing President Goodluck Jonathan is accused of not doing enough to punish corrupt practices since the start of his administration. He claimed that the anti-graft agencies under his watch had more convictions than at any other time in Nigeria’s history.
A look at Nigeria’s anti-corruption strategy and agencies shows that there are uncountable loopholes, both in the enabling laws establishing the anti-corruption agencies and in the strategy itself. More so, the need to strengthen the legal framework against corruption in Nigeria cannot be over emphasized. Three critical areas that are yet to be effectively dealt with are: money laundering, terrorists financing and Assets Management.
In recognition of these critical ‘threats’, President Jonathan threw his weight behind earlier sponsored bills for acts of parliament to tackle the key areas, as initiated by the Chairman, Senate Committee on Drugs, Narcotics and Financial Crimes, Senator Victor Lar and his House of Representatives Counterpart, Hon. Jagaba Adams Jagaba. President Jonathan’s administration sponsored executive bills in support of the Nigeria Financial Intelligence Centre-NFIC and Proceeds of Crime-POCA bills; a development that prompted the consolidation of the bills at the both chambers of the National Assembly.
Another critical bill in this regard is the Mutual Assistance in Criminal Matters, popularly referred to as the MLA Bill, which seeks to enhance international collaboration in the handling of criminal matters. The MLA facilitates the proper and effective implementation of the Proceeds of Crime across international borders.
The MLA Bill had long passed through second reading on the floor of both the Senate and House of Representatives, prior to the general elections. The Senate had long held a Public Hearing on it, where stakeholders unanimously endorsed it. Findings reveal that the Public Hearing report has been laid on the floor of the Senate and may be considered this week for passage.
For time constraints, it is expected that, in the interest of Nigeria, the House of Representatives should simply adopt the Senate Report and concur with the Senate, as soon as it is passed. Attempting to organize a Public Hearing at this time will simply amount to an academic exercise, as the stakeholders will simply submit the same Memoranda they submitted to the Senate. Their positions have not changed.     
The NFIC Bill seeks to establish a national agency that will be responsible for the receipt of information from financial institutions and designated non-financial institutions, analysis of the financial information for the purpose of turning the information into financial intelligence and dissemination of the financial intelligence to all law enforcement agencies. The Bill will ensure that the NFIC is not tied to any agency but will have adequate measures to build an independent financial intelligence system.  
The NFIC Bill is designed to provide a sustainable and credible legal framework for the Financial Intelligence Centre in Nigeria. As is the accepted practice in other jurisdictions, the Bill seeks to provide the FIC with operational independence and autonomy, and greater ability to provide financial intelligence to all relevant competent authorities in order to strengthen anti-money laundering and combating the financing of terrorism (AML/CFT) measures.
The NFIC which seeks to establish the Nigerian Financial Intelligence Centre was a subject of controversy following what pundits describe as “several misconceptions caused by distortion of facts by those opposed to its passage”.
The NFIC Bill had since been passed by both chambers of the National Assembly. One wonders why the Conference Committee Report submitted to the House of Representatives some months ago is still being suppressed. No doubt, the forces that battled the passage of the Bill are still at work; but the lawmakers must realize that this is about our dear country Nigeria. We must not allow the selfish and corrupt objectives of a few to jeopardize the collective future of 180m Nigerians and the generations unborn.
NFIC Bill, when passed shall make Nigeria compliant with international regulations and treaties, which the country is a signatory to.  
The Proceeds of Crime Bill, which seeks to set up an Assets Management Agency for Nigeria is also an important bill. It is no news that the assets recovered from corrupt politicians in Nigeria cannot be accounted for. They are simply re-looted, thereby making a mess of the anti-corruption war. In some other cases, criminals are allowed to keep and enjoy the proceeds of their criminality. The Proceeds of Crime (POCA) bill seeks to establish a central Agency to manage the proceeds recovered from convicted criminals.
In the light of the international obligations and standards imposed by various international instruments to which Nigeria has acceded to, it is imperative that steps are taken to ensure effective management of assets recovered from corrupt public office holders, having properly defined and passed the Bill for the establishment of the NFIU by clearly defining its mandates in law.
Allowing criminals to keep the proceeds of their criminality encourages re-investment in criminal enterprise. It sets criminals up as negative role models and encourages more crime, while influencing others to take up a criminal lifestyle. It raises the cost of law enforcement and due process. It allows criminals to become all-powerful, creating an environment where crime and criminals flourish, as they are able to pay for protection from the rule of law by bribing the law enforcement and the judiciary.
The Proceeds of Crime bill is focused on recovering illegally acquired property through forfeiture, confiscation or civil recovery and provides the powers to seize, freeze, and restrain criminals from dealing with their property. It is critical in Nigeria’s anti-corruption war.  

Duru wrote from Abuja<[email protected] <mailto:[email protected]>;>