Lagos state government’s bid to take over her cases from EFCC and other anti corruption agencies
By Solomon Runsewe & Damilola Akinmolayan
Lagos State Government is planing to takeover its corruption cases from anti corruption agencies and establish its anti corruption body through a Bill assented by the state Governor, Babajide Sanwoolu .
The Hope Classics spoke with some experts for their opinions on the issue. Excerpts:
The two bills signed by the governor of Lagos State, Mr Babajide Sanwo-Olu, brought to 10 legislation sponsored by the executive and passed by the House of Assembly to strengthen good governance.
The 26 executive bills signed by the executive governor had been initiated since inception of the current administration.
The anti-corruption agency established is akin to Economic and Financial Crimes Commission (EFCC) to prosecute misappropriation of public funds in the state.
The chairman of the agency will be appointed by the governor, subject to the ratification of the House of Assembly.
If the investigation leads to prima facie case, the offender will be prosecuted in the court.
Sequel to a third reading of the bill and a subsequent unanimous voice vote, the bill was finally passed into law on Tuesday, December 8, 2020.
The Bill seeks to address issues relating to public complaints bothering on accountability of public officers in the state by the proposed commission, mediating in disputes between person(s) to person(s), and government to person(s), especially on administrative procedures that can cause injustice within the administrative jurisdiction.
The law consists of 73 sections with some of the following provisions. Section 14 (2) states that the Commission shall be responsible for the:
(a) Enforcement and due administration of the provision of this law.
(b) Investigation of all financial crimes and anti-corruption cases in the state.
(c) Coordination and enforcement of all anti-corruption and financial crime law and enforcement functions conferred on any other person or authority with regards to the finances and assets of the state Government.
(d) Adoption and enforcement of measures to ensure transparency in the management of resources of the State Government.
(e) Adoption of measures to identify, trace, freeze, confiscate, or seize proceeds derived from acts of corruption and financial crimes related offences or properties, the value of which correspond to such proceeds.
We have to look at this issue from moral and legal perspectives.
The first question we need to ask is: what is the motive behind the sudden enactment of the Public Complaints and Anti Corruption Law of Lagos State which seeks to take over corruption cases involving Lagos State government and its past political and public officials?
Some people are asking a very pertinent question as to whether Governor Sanwo-Olu can muster the political strength to prosecute a political gladiator like Chief Ahmed Bola Tinubu who many perceived as the godfather and political benefactor of the incumbent governor.
They are also of the same view as to whether Governor Sanwo-Olu will be able to prosecute Fasola or Ambode his predecessors.
So when we look at it critically, we will discover that there is no moral basis for the enactment of the Law in question. If we look at from legal angle, I will want to submit with utmost humility that the Lagos State Public Complaints and Anti Corruption Law recently passed into law is not only illegal but unconstitutional.
EFCC is a creation of an Act of the National Assembly. Any State House of Assembly that enacted similar legislation as Law has succeeded in enacting an inferior and unconstitutional Law. We should also take note that Section 4 (5) of the Constitution of the Federal Republic of Nigeria, 1999 as amended provides that *”If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall, to the extent of the inconsistency, be void.”
* It therefore implies that any law made by a state that had already been catered for by the National Assembly over the same matter amounts to duplicity and inconsistent with the National Assembly’s Act and it is null and void to the extent of its inconsistency.
I want to agree with the submission of Prof Oserheimen Osunbor on the vexed issue to the effect that we need to refer to the *“doctrine of covering the field”* which means that where the Constitution or an Act of the National Assembly has provided for a particular matter and has, so to speak, covered the field, it will be pointless for a House of Assembly of a State to legislate on the same matter.
It is on this basis that I want to humbly submit that the Lagos State’s Public Complaints and Anti Corruption Law is illegal and unconstitutional.
To me, it is an aberration. The adage which says you cannot bite the finger that feeds you, will come to take its bearing on this matter.
Lagos State government should understand that the Federal government expects accountability over the monthly shares from the federation accounts to the 36 states including FCT.
And Lagos State is not an exception. EFCC and other anti corruption agencies are Federal Government agencies. Lagos state is still a part of the Federation.
The Bill which contains 53 sections seek to address issues relating to public complaints bothering on accountability of public officers in the State by the proposed Commission.”
The bill is aimed at correcting administrative anomalies in the discharge of public functions as they affect the citizens and residents of the State so as to mediate in disputes between person (s) to person(s), and government to person(s), especially on administrative procedures that can cause injustice within the administrative jurisdiction.
The interpretation section of the Bill, the appointment of members of the commission, tenure of office, remuneration, independence, powers and duties of the commission, are all geared towards bringing sanity and probity into the activities of public officials in the discharge of their duties in the state.
The new law of Lagos State is tainted politically as many believed it is to shield former Governor of Lagos State Asiwaju Bola Ahmed Tinubu from EFCC harassment.
Ordinarily, when it comes into innovative ideas in our legal system, Lagos State has always been a pace setter and I want to believe the new law is not an exemption.
There are more to be looked into in the coming days viz:
1. Is crime a matter of exclusive or concurrent legislative list?
2. Do we factor in the doctrine of covering the field?
3. What will be the position of section (1)(3) of the Constitution on the new law?
The last is yet to be heard on the new law.