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Understanding ICPC’s achievements, challenges
THE Independent Corrupt Practices and other related offences Commission (ICPC), like its counterpart, the Economic and Financial Crimes Commission (EFCC), has always been in the news for one reason or the other in its fight against corruption, especially when high profile subjects are involved. Recently, the ICPC, however, found itself in a different kind of news over an attempt to get the National Assembly to merge it with the EFCC through a bill sponsored by a Senator of the Federal Republic.
Though laboriously pursued, the bill failed to impress the hallowed house, an indication of the understanding and appreciation of the achievements and challenges of the commission by majority of distinguished Senators. The matter has since been laid to rest. Nevertheless, it is important to acknowledge the wisdom demonstrated by the Upper House amidst what seems to be an orchestrated campaign to subsume the ICPC under the EFCC for reasons that could never have helped the anti-corruption crusade in the country.
Over the years, the ICPC has demonstrated strong commitment in its mandate with vigour and all sense of responsibility. The commission has secured notable convictions in various sectors and has indeed stamped its imprint in the minds of Nigerians as a symbol of anti-corruption crusade. However, the commission has come under criticism by people who believe that it is not hard enough on suspects and as such could not instill fear in the minds of corrupt persons. The failed move in the Senate could have stemmed from this perception. But how far can this argument go?
ICPC does not sensationalise its arrests as many people would like it to. Except on a few occasions where suspects tried to resist arrest, the commission’s operatives have been quite civil in their operations. The commission does not give undue publicity to its investigation and prosecution of suspects in a manner akin to trying them in the court of public opinion. It goes through all the due processes as stipulated by law, and when convictions are secured, it publicises them for public awareness with a view to deterring criminally-minded persons who may be planning or are already engaged in corrupt practices, but not yet caught. Is anything wrong with this style?Does it make the ICPC less effective?
What those who find the ICPC’s style disagreeable have failed to understand is that the maturity and civility with which it conducts its operations is actually the norm and the globally acceptable standard. A suspect has rights even while being investigated or prosecuted. He is only to be considered guilty after due process had been followed through painstaking investigation, diligent prosecution and conviction by a competent court of law. The style of the ICPC should not be mistaken for lack of drive or incompetence.
ICPC’s operatives should not be expected to drag a suspect on the floor. This has nothing to do with the social status of the suspect. The point is that such conduct would not have boosted the evidence against the suspect. Neither would it have enhanced his punishment if found guilty because the law has already prescribed the punishment and penitence. Such conduct could only have served to humiliate and brutalise the suspect and break his spirit, which is another form of torture not acceptable to the law. People expect the “Nigerian factor” to be reflected in whatever is being done in this country. Sadly, the Nigerian factor is, most times, at variance with the best practices around the world. The ICPC should not be expected to emulate anything short of the best global practices. From inception till now the ICPC investigations, trials and convictions have remained credible. Nobody has raised allegation or insinuation of bias or undue interest in any case handled by the ICPC so far.
The ICPC is an important public institution because of the sensitivity of its mandate and the direct bearing it has on national development and economic stability. It is natural, therefore, for the activities of the commission to generate public interest. It is not out of place for Nigerians to assess its performance, but those who want to should do so objectively and without sentiments. Corruption is a cankerworm that has eaten deep into the fabric of the nation for decades. It pervades every sphere of our national life in both the public and private sectors. It has stunted and it continues to stunt the nation’s growth and development. It cannot be eradicated suddenly. The ICPC has always given prompt attention to cases of corruption reported to it, following up with indepth investigation and then prosecution where there is substantial evidence to do so. The commission has secured several convictions over the years. These convictions have gone a long way to serve as a deterrent to potential scammers and fraudulent persons. Yet, there are challenges in its operations, which if surmounted, could make it achieve more.
One of such challenges is the slowness of the judicial process in the country. This is due to the congestion of cases in the nation’s regular courts where corruption cases are also treated. If the on-going moves to have government create special courts for corruption and other related crimes are successful, it would really help the ICPC to be more effective through the speedy adjudication of its cases. At present, the slowness of the judicial process is a major drawback, because when cases involving corruption are subjected to prolonged trials, due to persistent adjournment, the society at large, gets the wrong impression that the authorities are probably not serious about the anti-corruption struggle.
Another major problem faced by the ICPC is the process of initiating cases involving corrupt practices. The ICPC, like its sister organisation, the EFCC, depends largely on petitions and reports from members of the public to initiate investigations into such cases. Sadly, most cases of corruption are never reported formally, even though people talk about them in form of rumours or unsubstantiated allegations.
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