PRESIDENT-elect General Muhammadu Buhari is said to be considering granting the Economic and Financial crimes Commission (EFCC) operational independence in a bid to make it more effective in the fight against corruption.  

At the moment, Section 10 of the EFCC Act 2004, mandates it to report the outcome of its investigations on serious or complex cases to the attorney general of the federation before commencing prosecution. This effectively limits it independence and means that politicians can interfere with the prosecution of people alleged to have committed financial crimes. 

Elected on an anti-corruption platform, General Buhari is keen to be seen as giving the agency a free hand to prosecute anyone suspected of embezzling public funds. 

Regulations drawn up by the outgoing attorney-general and justice minister Mohammed Adoke, inhibit the independence of the EFCC, which some lawyers say is hampering its prosecution of high-profile corruption cases. One senior lawyer, who is familiar with the incoming administration’s anti-corruption strategy, added that the regulations drawn by Mr Adoke would be dropped or reviewed. 

According to the lawyer, the independence of the EFCC, which the Buhari government will desire to deliver on its promise to fight corruption, cannot be guaranteed under existing regulations. According to Mr Adoke's regulations, what constitutes a serious or complex case, includes having a significant international dimension, involving money or assets worth N50m, or is likely to be of widespread public concern, among others. 

“The incoming government will ensure that there is no interference with the investigation and prosecution by the EFCC. So, parts of Mr Adoke’s regulation will be reviewed if not completely discarded,” the source said. 

Section 43 of the EFCC Act from which Mr Adoke derived his power to draw regulations for the anti-graft agency reads: “The Attorney General of the Federation may make rules or regulations with respect to the exercise of any of the duties, functions or powers of the commission under this Act.” 

According to the lawyer: “We have to get approval from the presidency before we can investigate or prosecute high profile suspects. However, the approval is not always forthcoming, so we are hoping that things will start changing when the new government is inaugurated.” 

In its election manifesto, the All Progressives Congress stated that among others that the government formed by the party would create special courts for corruption, strengthen anti-graft agencies and repeal laws capable of inhibiting their independence. Section 2(i) of the manifesto reads: “We shall strengthen and make independent the EFCC, ICPC and other anti-graft agencies and repeal the laws which inhibit their independence.”