Identifier
Created
Classification
Origin
09ABUJA897
2009-05-22 16:27:00
CONFIDENTIAL
Embassy Abuja
Cable title:  

NIGERIA: EFCC AMENDMENT BILL REFERRED TO

Tags:  CVIS KCRM PGOV KCOR NI 
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C O N F I D E N T I A L ABUJA 000897 

SIPDIS

STATE FOR AF/W, INL/C, INL/AAE, AND INR
BAGHDAD FOR DMCCULLOUGH

E.O. 12958: DECL: 05/13/2017
TAGS: CVIS KCRM PGOV KCOR NI
SUBJECT: NIGERIA: EFCC AMENDMENT BILL REFERRED TO
COMMITTEE, NOTHING TO GET EXCITED ABOUT

REF: STATE 81854

Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).

C O N F I D E N T I A L ABUJA 000897

SIPDIS

STATE FOR AF/W, INL/C, INL/AAE, AND INR
BAGHDAD FOR DMCCULLOUGH

E.O. 12958: DECL: 05/13/2017
TAGS: CVIS KCRM PGOV KCOR NI
SUBJECT: NIGERIA: EFCC AMENDMENT BILL REFERRED TO
COMMITTEE, NOTHING TO GET EXCITED ABOUT

REF: STATE 81854

Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).


1. (C) Summary: A bill to amend the Economic and Financial
Crimes Commission (EFCC) Act, privately sponsored by Chairman
of the House Judiciary Committee Henry Dickson, passed its
"second reading" (meaning that it has been referred to the
appropriate committee for detailed review) at the House of
Representatives on May 20. On paper, this new bill would
sever official outside influences, making the EFCC a more
independent institution. It would also result in placing
significant power and wealth into the hands of the EFCC
Chairmanship. While some legislators, such as the Chairman
of the Senate Committee on Anti-Corruption, Sola Akinyede,
are hopeful the bill will be supported by the President, we
believe this is unlikely. Like most "private members" bills,
this one stands little chance to make it out of committee,
let alone become law. End Summary.


2. (C) On May 20, the "Bill for an Act to amend the Economic
and Financial Crimes Commission (Establishment) Act, 2004 and
for matters connected therewith, 2009" passed its second
reading in the House of Representatives. House Judiciary
Committee Chairman Henry Dickson is sponsoring the bill,
which specifically proposes: "in the exercise of its
functions, the Commission shall not be subject to the
direction or control of any authority or person." The bill
is designed to make the EFCC genuinely independent and free
from any outside influence, including that of the President.
Currently, President Yar'Adua has complete authority over the
leadership and operations of the EFCC, which he mainly
exercises through his Attorney General (AG) Michael Aondoakaa.


3. (C) Chairman of the Senate Committee on Drugs, Narcotics,
and Anti-corruption, Senator Sola Akinyede, told PolOff on
May 20 that he does not think Aondoakaa will object to the
bill since "there is nothing controversial" about it. (Note:
Akinyede and Aondoakaa are former classmates and thought to
be friends. End note.) He also predicted that, if it passes
both Houses of the National Assembly, "the President will
sign it," despite the fact that it is a private members bill,
not initiated by the executive. Akinyede also informed
PolOff that the bill is scheduled for a public hearing in two
weeks. (Note: to pass the National Assembly, a bill needs to
be submitted in one House, the "first reading," be referred
to committee, the "second reading," pass through the
committee stage, where it is usually amended, then be voted
on by the full house, the "third reading." It then goes to
the other house to repeat the process. A bill which passes
both houses is sent to the President for signature. As in
the U.S., the President can veto a bill, but his veto can be
overridden by 2/3 votes in both houses. In Nigeria, the
process has become so cumbersome that, in the past two years,
only the budget, twice, and a bill to raise Members's
salaries have made it through the process and become law, and
no private members bill has even made it out of committee.
End note.)


4. (C) Comment: While Akinyede remains positive about the
new bill chances, we think he is wildly overestimating the
value of his friendship with Aondoakaa, who has used his
power to control the EFCC to protect friends and punish
enemies. We would be surprised to see this bill ever emerge
from committee. End Comment.


5. (U) This cable has been coordinated with ConGen Lagos.
SANDERS

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