Senate attempts to limit the president’s authority over removing the EFCC chair

On Tuesday, a law that would limit the President’s authority to revoke the appointment of the head of the Economic and Financial Crimes Commission, or EFCC, passed its second reading in the Senate.

The Senate Minority Whip, Senator Chukwuka Utazi (PDP, Enugu North), is a sponsor of the bill titled “Economic and Financial Crimes Commission (Establishment) Act Amendment Bill and for Other Matters Connected Therewith 2022,” which also seeks to limit appointments from EFCC employees to the position.

In order to ensure the EFCC chairman’s security of tenure, according to Senator Utazi, the Senate should authorize the dismissal of any chairman who is in the president’s firing line, just as it does when making an appointment.

He went on to say that the executive chairman of the commission’s job security is one of the most important parts of this change.

“The National Assembly made sure that the headship had security of tenure for other anti-graft agencies created through legislative instrumentality, such as the Independent Corrupt Practices and Other Related Offenses Commission, ICPC, and Nigerian Financial Intelligence Unit, NFIU, by making sure that their appointments and removals, as the case may be, were subject to the confirmation of the Senate.”

“With the EFCC, that was not the case.” Therefore, the goal of this proposed change is to harmonize the EFCC with the other two government anti-graft agencies. This will ensure that the commission fulfills the crucial mandate that has been given to it to the best of its ability.

Despite being addressed by President Muhammadu Buhari with the appointment of Abdulrasheed Bawa as EFCC chairman in February last year, Senator Utazi said that the other goal of the amendment required legislation to limit such appointments to EFCC employees, as was asked by the bill.

It was understandable that the commission’s head was chosen from outside the commission because of the obvious reasons why it was a new commission.

“However, the commission’s pivotal moment occurred when this administration, which has the fight against corruption as its guiding principle, took the trailblazing and audacious step of looking within the commission to choose the first Executive Chairman of the Economic and Financial Crimes Commission to lead it.”

“This is highly commended, and President Muhammadu Buhari has immortalized his name and his administration with this one exceptional deed.” Future generations will never forget him.

“All that is needed is for this Parliament to support this executive move by changing the EFCC Establishment Act to prevent future commission leadership from being held by untrained EFCC workers.” This will increase the professionalism of the anti-graft agency’s services, he emphasized.

Many senators who took part in the discussion agreed that the Senate should be consulted before the President fires any EFCC chairman, but they didn’t agree with the idea that the commission should only be led by people who already work there.

The Senate President, Dr. Ahmad Lawan, said after the bill’s second reading that it would be a good idea to only let insiders become the EFCC chairman. However, the proposed law must make it clear that the position is political and not part of the civil service, which means that the most senior officer will have to take the chairmanship position.

In four weeks, the bill was sent to the Senate Committee on Anti-Corruption and Financial Crimes for more legislative input.