Independent Corrupt Practices Commission
Encyclopedia
The Independent Corrupt Practices Commission (ICPC), (in full the Independent Corrupt Practices and Other Related Offences Commission) is a Nigeria
n agency that was inaugurated on the 29th of September 2000 following the recommendation of President Olusegun Obasanjo. The mandate is to receive and investigate reports of corruption and in appropriate cases prosecute the offender[s], to examine, review and enforce the correction of corruption prone systems and procedures of public bodies, with a view to eliminating corruption in public life, and to educate and enlighten the public on and against corruption and related offences with a view to enlisting and fostering public support for the fight against corruption.
The Corrupt Practices and other Related Offences Act 2000 governs the committee's activities.
(EFCC) was established as a law enforcement agency to investigate financial crimes such as advance fee fraud
(419 fraud) and money laundering
.
While the ICPC targets corruption in the public sector, especially bribery, gratification, graft and abuse or misuse of office, the EFCC investigates people in all sectors who appear to be living above their means, and is empowered to investigate and prosecute money laundering and other financial crimes. The EFCC tracks illicit wealth accruing from abuse of office, especially attempts to integrate such wealth into the financial system.
There have been tensions between the two commissions. The ICPC chairman, Justice Emmanuel Ayoola, has complained about duplication of the functions of ICPC by the EFCC, particularly overlap between the ICPC Anti-Corruption and Transparency Monitoring Units and the EFCC Anti-Corruption and Transparency Committees.
The Association of Certified Anti-Money Laundering Specialists
(ACAMS) is a global organization of professionals dedicated to controlling and preventing money laundering and terrorist financing
. In June 2009 ACAMS established a Nigerian chapter in Lagos
. The Chairman of the ICPC, Justice Emmanuel Ayoola, said the ICPC was looking forward to a fruitful partnership with ACAMS in the campaign against corruption and all other related crimes.
The commission works with other international bodies such as the United Nations
Committee on Anti-Corruption (UNCAC), Transparency International
and the African Union
(AU) Convention Against Corruption.
In September 2009 a Federal High Court judge refused a request to issue a mandamus order compelling the ICPC and the EFCC to investigate and prosecute the FCT Minister, Senator Adamu Aliero
, over alleged diversion of N10.2 billion public funds while he held office as Kebbi State governor. The court explained it did not have authority to compel the agencies to act.
A merger of the two agencies was also considered. At public hearings on the amendments, Senate President David Mark
expressed concern that the EFCC and the ICPC would have too much power without another body supervising their work. However, the EFCC Chairman, Farida Waziri said it was important for anti-corruption agencies to remain independent of politicians, whom they often investigated. She expressed concern that the proposed amendment would rather limit than enhance the effectiveness of the agencies.
After the first four years, however, the ICPC had failed to make any major convictions. Justice Akanbi blamed the lack of progress in part on severe underfunding, in part on the fact that the commission was not authorized to investigate corrupt activity prior to the date the ICPC was founded.
The ICPC has prosecuted a number of prominent Nigerians. Some examples are Ghali Umar Na'Abba
, speaker of the House of Representatives (2002), Fabian Osuji
, head of the Nigerian Federal Ministry of Education
(2006) and Cornelius Adebayo
, head of the Federal Ministries of Communication and Transportation (2007).
In June 2004, Justice Mustapha Akanbi said that although several petitions had been written against state governors, the ICPC was not empowered to investigate governors involved in corrupt practices.
However, in August 2008 Emmanuel Ayoola said the commission would soon issue a list of former state governors found to have violated the provisions of the ICPC Act 2000. He noted that some of them were already being prosecuted for money laundering, and said the ICPC was scrutinising the file to see whether there are cases they could pursue.
In August 2009 the ICPC started investigations into an alleged N90 billion fraud leveled against managers of Pension Fund for retirees in the health sector.
In September 2009, the ICPC summoned officials of the Ministry of Education linked with the alleged mismanagement of N1 billion meant for the Education Reform Programme.
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
n agency that was inaugurated on the 29th of September 2000 following the recommendation of President Olusegun Obasanjo. The mandate is to receive and investigate reports of corruption and in appropriate cases prosecute the offender[s], to examine, review and enforce the correction of corruption prone systems and procedures of public bodies, with a view to eliminating corruption in public life, and to educate and enlighten the public on and against corruption and related offences with a view to enlisting and fostering public support for the fight against corruption.
The Corrupt Practices and other Related Offences Act 2000 governs the committee's activities.
Relationship with other organizations
In 2003 the Economic and Financial Crimes CommissionEconomic and Financial Crimes Commission
The Economic and Financial Crimes Commission is a Nigerian law enforcement agency that investigates financial crimes such as advance fee fraud and money laundering...
(EFCC) was established as a law enforcement agency to investigate financial crimes such as advance fee fraud
Advance fee fraud
An advance-fee fraud is a confidence trick in which the target is persuaded to advance sums of money in the hope of realizing a significantly larger gain...
(419 fraud) and money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
.
While the ICPC targets corruption in the public sector, especially bribery, gratification, graft and abuse or misuse of office, the EFCC investigates people in all sectors who appear to be living above their means, and is empowered to investigate and prosecute money laundering and other financial crimes. The EFCC tracks illicit wealth accruing from abuse of office, especially attempts to integrate such wealth into the financial system.
There have been tensions between the two commissions. The ICPC chairman, Justice Emmanuel Ayoola, has complained about duplication of the functions of ICPC by the EFCC, particularly overlap between the ICPC Anti-Corruption and Transparency Monitoring Units and the EFCC Anti-Corruption and Transparency Committees.
The Association of Certified Anti-Money Laundering Specialists
Association of Certified Anti-Money Laundering Specialists
The Association of Certified Anti-Money Laundering Specialists is an organization that provides training and certification, runs conferences and disseminates information on detection and prevention of money laundering....
(ACAMS) is a global organization of professionals dedicated to controlling and preventing money laundering and terrorist financing
Terrorist Financing
Terrorist financing came into limelight after the events of terrorism on 9/11. The US passed the USA PATRIOT Act to, among other reasons, attempt thwarting the financing of terrorism and anti-money laundering making sure these were given some sort of adequate focus by US financial institutions...
. In June 2009 ACAMS established a Nigerian chapter in Lagos
Lagos
Lagos is a port and the most populous conurbation in Nigeria. With a population of 7,937,932, it is currently the third most populous city in Africa after Cairo and Kinshasa, and currently estimated to be the second fastest growing city in Africa...
. The Chairman of the ICPC, Justice Emmanuel Ayoola, said the ICPC was looking forward to a fruitful partnership with ACAMS in the campaign against corruption and all other related crimes.
The commission works with other international bodies such as the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Committee on Anti-Corruption (UNCAC), Transparency International
Transparency International
Transparency International is a non-governmental organization that monitors and publicizes corporate and political corruption in international development. It publishes an annual Corruption Perceptions Index, a comparative listing of corruption worldwide...
and the African Union
African Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
(AU) Convention Against Corruption.
In September 2009 a Federal High Court judge refused a request to issue a mandamus order compelling the ICPC and the EFCC to investigate and prosecute the FCT Minister, Senator Adamu Aliero
Adamu Aliero
Muhammad Adamu Aliero was governor of Kebbi State in Nigeria from 29 May 1999 to 29 May 2007. He is a member of the People's Democratic Party .He became Senator for Kebbi Central from June 5, 2007 till December 18, 2008....
, over alleged diversion of N10.2 billion public funds while he held office as Kebbi State governor. The court explained it did not have authority to compel the agencies to act.
2009 Review of mandate
In June 2009 the Senate Committee on Drugs, Narcotics and Anti-Corruption moved to amend the Acts setting up the ICPC and the EFCC so as to guarantee independence from the executive. Two of the proposals were to give the EFCC Chair a legally stipulated tenure of four years, and to require Senate approval for removal of members of either commission.A merger of the two agencies was also considered. At public hearings on the amendments, Senate President David Mark
David Mark
David Alechenu Bonaventure Mark is the President of the Senate of Nigeria and Senator for the Benue South constituency of Benue State. He is a member of the People's Democratic Party ....
expressed concern that the EFCC and the ICPC would have too much power without another body supervising their work. However, the EFCC Chairman, Farida Waziri said it was important for anti-corruption agencies to remain independent of politicians, whom they often investigated. She expressed concern that the proposed amendment would rather limit than enhance the effectiveness of the agencies.
Chairmen
- Justice Mustapha AkanbiMustapha AkanbiMuhammad Mustapha Adebayo Akanbi is a lawyer and retired judge who headed the Nigerian Independent Corrupt Practices Commission between 2000 and 2005.-Early years:...
(2000–2005). - Justice Emmanuel Olayinka Ayoola (2005–2010).
- Barrister Abdullahi Bako (Present Acting Chairman) August 2011
- Mr.Elvis Oglafa( Present Secretary to the Commission)
Prosecutions
In the first three years of its existence, the ICPC received a total of 942 petitions. In August 2003 about 400 of the petitions were under investigation, and about 60 were at various stages of prosecution.After the first four years, however, the ICPC had failed to make any major convictions. Justice Akanbi blamed the lack of progress in part on severe underfunding, in part on the fact that the commission was not authorized to investigate corrupt activity prior to the date the ICPC was founded.
The ICPC has prosecuted a number of prominent Nigerians. Some examples are Ghali Umar Na'Abba
Ghali Umar Na'Abba
Ghali Umar Na'Abba is a Nigerian businessman and politician, a member of the People's Democratic Party who represented the Kano Municipal Federal constituency of Kano State from 1999 to 2003.-Background:...
, speaker of the House of Representatives (2002), Fabian Osuji
Fabian Osuji
Professor Fabian Ngozichukwu Chinedum Osuji was the Federal Minister of Education in Nigeria from July 2003 until March 2005.-Early career:...
, head of the Nigerian Federal Ministry of Education
Nigerian Federal Ministry of Education
The Nigerian Federal Ministry of Education is the government body that directs education in Nigeria. It was established in 1988. The current Minister of Education is Ruqayyah Ahmed Rufa'i, who succeeded Sam Egwu...
(2006) and Cornelius Adebayo
Cornelius Adebayo
Cornelius Olatunji Adebayo is a former Senator of Nigeria, who became a state governor, and later was head of the Nigerian Federal Ministry of Communications.-Background:Cornelius Olatunji Adebayo was born on February 24, 1941 in Igbaja in Kwara State...
, head of the Federal Ministries of Communication and Transportation (2007).
In June 2004, Justice Mustapha Akanbi said that although several petitions had been written against state governors, the ICPC was not empowered to investigate governors involved in corrupt practices.
However, in August 2008 Emmanuel Ayoola said the commission would soon issue a list of former state governors found to have violated the provisions of the ICPC Act 2000. He noted that some of them were already being prosecuted for money laundering, and said the ICPC was scrutinising the file to see whether there are cases they could pursue.
In August 2009 the ICPC started investigations into an alleged N90 billion fraud leveled against managers of Pension Fund for retirees in the health sector.
In September 2009, the ICPC summoned officials of the Ministry of Education linked with the alleged mismanagement of N1 billion meant for the Education Reform Programme.