The Independent Corrupt Practices Commission (ICPC), (in full the Independent Corrupt Practices and Other Related Offences Commission) is a
Nigerian
Nigerians or the Nigerian people are citizens of Nigeria or people with ancestry from Nigeria. The name Nigeria was taken from the Niger River running through the country. This name was allegedly coined in the late 19th century by British jour ...
agency that was inaugurated on 29 September 2000 following the recommendation of
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
Olusegun Obasanjo
Chief Olusegun Matthew Okikiola Ogunboye Aremu Obasanjo, , ( ; yo, Olúṣẹ́gun Ọbásanjọ́ ; born 5 March 1937) is a Nigerian political and military leader who served as Nigeria's head of state from 1976 to 1979 and later as its pres ...
. 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 Commission
The Economic and Financial Crimes Commission (EFCC) is a Nigerian law enforcement agency that investigates financial crimes such as advance fee fraud (419 fraud) and money laundering. The EFCC was established in 2003, partially in response to pre ...
(EFCC) was established as a law enforcement agency to investigate financial crimes such as
advance fee fraud
An advance-fee scam is a form of fraud and is one of the most common types of confidence tricks. The scam typically involves promising the victim a significant share of a large sum of money, in return for a small up-front payment, which the fraud ...
(419 fraud) and
money laundering
Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdictions ...
.
While the ICPC targets corruption in the public sector, especially
bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
,
gratification
Gratification is the pleasurable emotional reaction of happiness in response to a fulfillment of a desire or goal. It is also identified as a response stemming from the fulfillment of social needs such as affiliation, socializing, social approv ...
,
graft
Graft or grafting may refer to:
*Graft (politics), a form of political corruption
* Graft, Netherlands, a village in the municipality of Graft-De Rijp
Science and technology
*Graft (surgery), a surgical procedure
*Grafting, the joining of plant t ...
, 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
Emmanuel Olayinka Ayoola is a Nigerian lawyer and judge who became Chairman of the Independent Corrupt Practices Commission in 2005. He is also a judge of the Appeals Chamber of the Special Court for Sierra Leone.
Early years
Emmanuel Ayoola was ...
, 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
The Association of Certified Anti-Money Laundering Specialists (ACAMS) is an organization that provides training and certification, runs conferences and disseminates information on detection and prevention of money laundering.
ACAMS was founded ...
(ACAMS) is a global organization of professionals dedicated to controlling and preventing money laundering and
terrorist financing
Terrorism financing is the provision of funds or providing financial support to individual terrorists or non-state actors.
Most countries have implemented measures to counter terrorism financing (CTF) often as part of their money laundering l ...
. In June 2009, ACAMS established a Nigerian chapter in
Lagos
Lagos (Nigerian English: ; ) is the largest city in Nigeria and the List of cities in Africa by population, second most populous city in Africa, with a population of 15.4 million as of 2015 within the city proper. Lagos was the national ca ...
. 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
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
Committee on Anti-Corruption (UNCAC),
Transparency International
Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civil ...
, and the
African Union
The African Union (AU) is a continental union consisting of 55 member states located on the continent of Africa. The AU was announced in the Sirte Declaration in Sirte, Libya, on 9 September 1999, calling for the establishment of the Africa ...
(AU) Convention Against Corruption.
In September 2009, a Federal High Court judge refused a request to issue a 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
Kebbi state ( ha, Jihar Kebbi; Fulfulde: Leydi Kebbi 𞤤𞤫𞤴𞤣𞤭 𞤳𞤫𞤦𞥆𞤭) is a state in the northwestern Nigeria, Kebbi state is bordered east and north of Sokoto and Zamfara states, and to the south by Niger state while ...
governor. The court explained it did not have authority to compel the agencies to act.
2009 Review of mandate
In June 2009 the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Committee on
Drug
A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via insuffla ...
s,
Narcotic
The term narcotic (, from ancient Greek ναρκῶ ''narkō'', "to make numb") originally referred medically to any psychoactive compound with numbing or paralyzing properties. In the United States, it has since become associated with opiates ...
s and
Anti-Corruption
Anti-corruption (or anticorruption) comprises activities that oppose or inhibit corruption. Just as corruption takes many forms, anti-corruption efforts vary in scope and in strategy. A general distinction between preventive and reactive measu ...
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 Alechenu Bonaventure Mark , is a retired Nigerian Army Brigadier General and politician. He was President of the Senate of Nigeria from 2007 to 2015 and was the Senator for Benue South Senatorial District Benue State. He is a member of the ...
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
Farida Mzamber Waziri (born 7 July 1949) is a Nigerian technocrat, law enforcement officer and former executive chairperson of the Nigerian Economic and Financial Crimes Commission (EFCC) She succeeded Nuhu Ribadu in this post.
Background
Wazir ...
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
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, speaker of the House of Representatives (2002),
Fabian Osuji
Professor Fabian Ngozichukwu Chinedum Osuji (born 20 January 1942) was the Federal Minister of Education in Nigeria from July 2003 until March 2005.
Academic career
An outstanding scholar from youth, Osuji attended Holy Ghost College, Owerri, G ...
, head of the
Nigerian Federal Ministry of Education
The Federal Ministry of Education is a part of the Federal Ministries of Nigeria that directs education in Nigeria. It is located at Block 5A (8th Floor), Federal Secretariat Complex, Shehu Shagari Way, Central Area, P.M.B. 146, Garki, Abuja.
H ...
(2006).
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
Emmanuel Olayinka Ayoola is a Nigerian lawyer and judge who became Chairman of the Independent Corrupt Practices Commission in 2005. He is also a judge of the Appeals Chamber of the Special Court for Sierra Leone.
Early years
Emmanuel Ayoola was ...
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.
In March 2015, ICPC made public the status of criminal cases within its precinct as at March 2015. The list contained 267 criminal cases between 2001 and 2015, and 142 civil cases between 2007 and 2015.
Controversies
Theft is not corruption
The Chairman Ekpo Nta narrowed the meaning of
corruption
Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
by government officials:
"Stealing is erroneously reported as corruption. We must go back to what we were taught at school to show that there are educated people in Nigeria. We must address issues as we were taught in school to do."
It followed the previous similar announcement by the
Nigerian President Goodluck:
"What many Nigerians refer to as corruption is actually stealing. Stealing is not the same thing as corruption."
References
External links
*
Alternative Job Page
{{Corruption
Law enforcement in Nigeria
Anti-corruption agencies
Corruption in Nigeria