The investigation into alleged fake government agencies should go beyond the individuals currently identified and uncover those who enabled their operations, according to lawyer and current affairs analyst, Opatola Victor.
Speaking during an interview on ARISE News on Tuesday, Victor urged caution in immediately describing the agencies as fake, noting that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) is an investigative and prosecutory body, rather than an adjudicatory institution.
He said the allegations should therefore be allowed to go through the legal process before conclusions are reached.
Victor explained that government agencies can be established through constitutional provisions, Acts of the National Assembly, or presidential executive powers.
He said where an agency is created through an Executive Order, its powers and mandate should be clearly outlined in a valid Gazette, including its purpose and, where applicable, the conditions for its dissolution.
According to him, the President also has the constitutional power to establish administrative bodies to assist in carrying out executive functions, but such bodies must operate within the limits of the authority under which they were created.
Victor said the current investigation provides an opportunity to examine how allegedly unauthorised bodies are able to gain access to government facilities and operate within the public service.
He emphasized that the ICPC’s investigation should not stop with the individuals accused of promoting the alleged fake agency.
“Nobody wakes up one morning to get an office in the Secretariat. Nobody wakes up one morning to get an office in the OSGF’s office.”
The analyst said the circumstances surrounding the alleged agency’s access to office space within the Office of the Secretary to the Government of the Federation point to the possibility of other individuals facilitating its operations.
He therefore called for the investigation to identify the alleged enablers behind the operation of such agencies.
“If the investigative powers of ICPC only stop at these people, then that means something is amiss, because there are enablers.”
On the role of the Office of the Secretary to the Government of the Federation, Victor said the OSGF does not have independent constitutional powers or a mandate of its own.
He explained that although the Constitution provides for the appointment of the Secretary to the Government of the Federation, the functions of the office are primarily based on directives from the Presidency.
“The OSGF has no powers outside of the directive and express instruction of the Presidency.”
Victor further raised concerns about the number of government agencies operating across the country, saying some may not have been established through any of the legally recognised channels.
He said agencies that are neither constitutionally established, created through Acts of the National Assembly, nor established through a valid executive instrument could either be operating through extra-legal means or functioning merely as administrative bodies without independent legal personality.
According to him, such administrative bodies should not operate as independent entities with powers such as maintaining their own bank accounts unless they have a proper legal foundation.
Victor called on the Federal Government to establish a more robust system for regulating and documenting government agencies.
He cited the United States as an example of a country with an administrative framework that provides greater structure for government agencies.
He said Nigeria currently lacks a clear and comprehensive record of the number of government agencies in existence.
“Nobody can even tell how many agencies the Federal Government has on record right now.”
Victor therefore called for a broader probe into the establishment and operations of government agencies, saying the current investigation presents an opportunity for the government to identify and eliminate irregularities within the public service.
He maintained that the investigation should move beyond the immediate suspects and examine those at higher levels who may have facilitated their activities.
“These people just want to be scapegoats. The investigation should go a notch higher.”
On the powers of the ICPC, Victor explained that the commission’s investigative mandate primarily covers corruption-related offences involving government bodies, agencies and public institutions.
He stated that while the commission handles issues including bribery and corrupt financial practices, its mandate is narrower than that of the Economic and Financial Crimes Commission.
Victor said the outcome of the ongoing investigation would reveal the extent of the alleged irregularities and whether further individuals would be held accountable.
Ojo Triumph
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