The Federal Government on Tuesday made a U-turn on its decision to whittle down the powers of the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission to prosecute people found to be involved in corrupt practices.
The Attorney-General of the Federation and Minister of Justice, Mr. Mike Aondoakaa, told journalists in Abuja that the EFCC, the ICPC and other anti-graft agencies could prosecute independently.
Aondoakaa, however, said he would exercise supervisory powers over the agencies if they failed to carry out their functions in line with the dictates of the law.
One of the ways he will exercise such powers is to take over a prosecution or direct an outright stoppage of a case.
Aondoakaa said that the supervisory role conferred on him by the constitution would be applied as a last resort.
The AGF explained that he needed to make a clarification on how he intended to handle President Umaru Yar�Adua�s approval of his request to manage the anti-graft agencies.
He said, �Yesterday (Monday), the President approved a memo written by me to him and I need to make some clarifications on how I intend to use the powers that were approved.
�I have examined the relevant laws of the EFCC and other related agencies. The powers vested in them to initiate and continue prosecutions will continue.�
He said that his clarification was to allay fears prompted by reports that the President had curbed the powers of the EFCC and other agencies.
He added �Nobody should think that those supervisory powers granted to me are meant to protect anybody.
�There should be zero- tolerance for corruption. That is the thrust of this administration. To that effect, this is the way I will exercise those powers:
�One, the EFCC, the ICPC and those agencies that have constitutional powers vested in them will proceed and initiate proceedings immediately against any person who has violated those laws.
�They should proceed immediately without reverting to me in consonance with the relevant powers granted them by the statutes creating them.
�They should do it in conformity with rights created under the constitution. That is to take somebody to court promptly, to arraign the person within 48 hours, not to detain the person indefinitely. Detain and arraign within 48 hours.
�They will continue as if deemed to be granted by me.
�Secondly, in the course of prosecution which they will initiate independent of me, if I have good reasons to believe that they are not carrying out prosecution in conformity with the constitution, we will exercise the right of the Attorney-General under the constitution to take over the case or even discontinue where the facts permit.
�That is, they will proceed with the case as their statutes permit them but they should do it in accordance with the constitution that says take somebody to court within 48 hours.
�And where they are carrying out the prosecution, they should do it in accordance with the constitution.
�Where they do not and there are good grounds for me to believe that they are not doing it, and I do not have any reason to doubt that they will not do it in accordance with the constitution, I will exercise that power. This power is exercisable as a last resort.
�Lastly, I will continue to exercise my supervisory powers to see that all agencies involved in the prosecution of criminal cases under the statutes created by the Act of the National Assembly are done in conformity with the constitution.�
Aondoakaa added that the government would ensure that the war on corruption was successful.
The minister said, �The message is very clear. There is no hiding place for any corrupt politician.
�I do not intend to create any impediment to the work of any of the agencies that have inherent powers to their statutes to initiate prosecution.
�For the avoidance of doubt, I have said that they can proceed, except I have a good reason to intervene.�
Before addressing newsmen, the AGF had met with the Chairman of the EFCC, Mallam Nuhu Ribadu; and his counterpart in the ICPC, Justice Emmanuel Ayoola, at the Villa.
The Honorary Legal Adviser to the President, Dr. Wale Babalakin (SAN), and the State House counsel were also present at the briefing.
Investigations by our correspondent, however, showed that the AGF�s briefing was informed by an emergency meeting between Yar�Adua and some of his trusted aides at the State House.
A source said the Federal Government felt embarrassed by the deluge of reactions against the move to curtail the prosecution powers of the EFCC and other agencies.
He said, �What the AGF is not telling the media is that the volte face came as a result of the intervention of the Chief of Staff, Gen. Abdullahi Mohammed, and a counsel at the State House, who felt the AGF�s memo to Yar�Adua was misleading.
�They said the decision of the AGF did not take into consideration, a subsisting judgment of the Supreme Court on the issue.
�They drew the President�s attention to the reactions of legal luminaries in major newspapers. They also highlighted the international odium that the policy might attract to the new administration.�
The source added that when the President was overwhelmed by the frank advice of his aides, he decided to hold a meeting with top officials of the government and the anti-graft agencies in the country.
He said, �At the end of the meeting, it was concluded that the AGF�s position would compromise the fight against corruption and would injure the Yar�Adua administration terribly as exemplified by public outcry over the decision.
�In fact, during the meeting, Ribadu specifically cited a case involving a former Permanent Secretary in the Ministry of Defence, Mr. Julius Makanjuola, which was referred to the Federal Ministry of Justice.
�The EFCC chairman said the case had not reached any appreciable level because of bureaucratic problem. Ribadu opposed deference to the AGF on prosecution.�
The source, who spoke with one of our correspondents, listed those at the meeting to include Ribadu, Ayoola; Babalakin, and the Secretary to the Government of the Federation, Alhaji Babagana Kingibe.