ACCOUNTABLE NIGERIA...great people, great nation
Crime Recovery & Management Agency, A New Dawn or Misplaced Priority.
- Organizational Tree
Crime Recovery and management Agency, A New Dawn or Misplaced Priority.
There have been multiple reactions over the just Approved Agency by the federal government , while some see it as the bill as a new dawn and some sees it as a misplaced priority based on the current situation and also based on the fact that the agency has similar function with the Economic and financial crime commission Agency.
The federal government on Wednesday approved the establishment of “ The Proceeds of Crime Recovery and Management Agency, to join the growing list of anti graft agencies established by the government The government had in efforts to tackle corruption, established the Economic and Financial Crime Commission EFCC Act of 2004, the Independent Corrupt Practices & Other Related Offences Act 2000, the Advance Fee Fraud and Other Related Offences Act 2006 and the Money Laundering (Prohibition) (Amendment) Act 2012. Others include the Miscellaneous Offence Act, Code of Conduct Act, the Nigerian Extractive Industries Transparency Initiative Act, the Freedom of Information Act 2011, the Fiscal Responsibilities Act 2010, as well as the Penal Code Laws of Federation of Nigeria 2004. The government also promulgated the Criminal Code Law of Federation of Nigeria 2004, the Banks and Other Financial Institutions (Amendment) Act 1991 and the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks (Amendment) Act 1994. At the virtual meeting of the Federal Executive Council FEC presided over by President Muhammad Buhari at the presidential villa, Abuja, the Council approved the transmission of a bill named “Proceeds of Crime Recovery and Management Agency Bill,” to the National Assembly. Going through the statement of Abubakar Malami, Minister of Justice and Attorney General of the Federation, which state that the agency is necessary to manage assets that constitute proceeds of crimes as he pointed out that previous proceeds of crime are scattered in different and multiple agencies. “The Federal Ministry of Justice presented to Council a memo today. The Council memo is about a Bill which will seek the approval of the Council to transmit to the National Assembly for passage. It is Proceeds of Crime Recovery and Management Agency Bill. “It is in essence a bill that is targeted and intended to have in place a legal and institutional framework. The legal component of it is having a law. And the institutional component of it is to have an agency that will be saddled with the responsibility of managing the assets that constitute the proceeds of crime in Nigeria. “What happens before now is the proceeds of crime are scattered all over, and mostly in the hands of different and multiple agencies of government inclusive of the police, the DSS, EFCC, and ICPC.
“So, with that kind of arrangement which is ad-hoc, there is no agency of government that is saddled with the responsibility of data generation, an agency that can give you off-head the number of landed assets, number of immovable assets, the amount in cash that are recovered by the federal government by way of interim forfeiture overweigh of a final forfeiture. “So, it is indeed overtime a kind of arrangement that is not uniform and consistent.
"According to him, the new law seeks to move the fight against corruption to the next level.
He added: “Next level of transparency, next level of accountability in essence, will have in place an agency of government that is exclusively responsible for anything proceeds of crime,But any recovery made by the police, DSS, the Ministry of Justice is not in a position to know. So, for the purpose of decision making and policy, the federal government is not in a position to have a holistic appreciation.So, by the bill now presented for the consideration of the council, we’ll have a law that establishes an agency, and secondly, an agency. “And as you rightly know, Mr President has sanctioned ever since he came on board, that there should be a budget line, a budget item for recovered assets.So, if you have a budget item for recovered assets, this agency will now be in a position to provide information to the Federal Ministry of Finance, Budget and National Planning on demand as to what amount is available for budget purposes, thereby establishing the desired transparency, the desired accountability which has not been available before now. it is about a memo that seeks to establish a legal framework, that seeks to establish institutional framework, that seeks to further take the fight against corruption to the next level by way of establishing transparency, accountability and making the possibility of forfeiture a proceeds of crime easy through the sanctioning of non-conviction based forfeiture among others.”He said In the same content, Malami further explained: “Let me take you through the history lane as far as the proceeds of crime bill is concerned. There was an attempt some time back in 2007 to present to the FEC, it was unsuccessful, the bill was not passed. “There was further attempt in 2011 to present same bill with some material amendments, and then it did not succeed in getting the blessings of FEC. And there was a further attempt in 2019 to present the Bill and it wasn’t as well successful but it eventually succeeded today. After the whole presentation and approval of the bill, Accountable Nig, Gathered that Nigerians still feel some doubtful positions on the bill, which generated a lot of questions in the mind of Nigerians.
While some of the questions include the following, why the need of this bill? And is this not a misplaced priority ?
will this new agency not bring up more internal conflict between her and EFCC or ICPC.
We want to believe the Nigeria government is anyalysing the trends on her action and predictiong the consequences eith positive or negative and knows how to clarify and give responses to the question above by providing solutions. However, we urge Nigerians to keep calm and to observe the structure and dimension of how the agency will operate.