It is exactly two years since the birth of the Lagos State Public Petitions and Anti-Corruption Commission. But in the last two years, it has been motion without movement for the commission.

Many residents of the state lauded the creation of the commission because a non-governmental organisation, the Anti-Corruption Agencies of Nigeria, only recently disclosed that almost $18b is lost in the country yearly to Illicit Financial Crimes (IFCs) like bribery, Internet fraud, and non-payment of taxes.

It also said that each Nigerian loses the equivalent of N35,000 yearly because of financial crimes. This money, according to the group, could be used to build roads, establish world-class health and education systems, and create jobs for Nigerians.

The setting up of the commission also coincided with the country’s consistent drop in the Corruption Perceptions Index (CPI), by Transparency International (TI).

In the ranking released in 2022, Nigeria dropped five places in the 2021 CPI ranking. The country scored 24 out of 100 points, and ranked 154 out of 180 countries surveyed, coming down five places from the rank of 149 in 2020 placing as the second most corrupt country in West Africa. The country’s score dropped from 26 in 2019 to 25 in the 2020 assessment, and further to 24 in the 2021 record.

The Lagos State Governor, Babajide Sanwo-Olu, drew attention to this when he signed the bill establishing the commission in April 2021, saying he was optimistic and full of high hopes for the great things that the commission will do for the state in terms of accountability.

Sanwo-Olu added that the commission was a testimony to the state government’s effort towards entrenching accountability in governance and checking malfeasance among officers entrusted with public resources.

He said: “The bill establishing the commission is an important legislation critical to the delivery of quality services to the citizens. When we came in, we said we would be accountable and responsible for the appropriation of the state’s resources. We want to stand in front of the citizens to give an account of how public funds are being spent.

“To give credence to this promise, the executive arm initiated the bill and sent it to the Assembly for approval. We believe that this law would not only ensure accountability of public funds, and responsibility of public office but also promote dialogue among public officers to keep the trust of the people in the discharge of their duties in line with transparency. The anti-corruption commission will ensure that all approved activities are implemented in accordance with budgetary allocation.”

Sanwo-Olu said that the anti-corruption commission would be independent in its operations and functions, pointing out that the agency would complement the efforts of similar agencies in the police and federal establishment.

The governor reiterated that his government’s actions would continue to be taken in a way that would boost the confidence of the public and promote accountability in governance.

Despite all the assurances, many anti-corruption stakeholders received the news with mixed feelings, stating that while the establishment of the anti-corruption commission was a good development, some provisions in the law establishing the body were antithetical to tackling corruption.

Commenting after Sanwo-Olu signed the bill into law then, the Chairman of an Anti-corruption group, Human and Environmental Development Agenda (HEDA), Olanrewaju Suraju, noted that the law, which looks like progress in the fight against corruption was an attempt to cripple the anti-corruption campaign.

He, therefore, called on the Lagos State House of Assembly to immediately review and amend the law. He added that the motive behind a state anti-corruption agency was commendable, but considered it upsetting to realise that the bill was passed without a public hearing by the state assembly, and was eventually signed into law.

The statement read: “The law in Section 13(3) provides that: ‘The commission shall upon the commencement of this law take over the investigation of all anti-corruption and financial crime cases involving the finances and assets of Lagos State Government being investigated by any other agency.’

Suraju criticised this section as, it is an unscrupulous attempt by the ruling elite of Lagos State to cover up serious cases of corruption in the state, especially considering that three former governors, as well as other top politicians in the state, were undergoing investigations, or facing corruption cases with federal anti-corruption agencies, particularly the Economic and Financial Crimes Commission (EFCC).

Also commenting then, the Chairman of the Centre for Anti-Corruption and Open Leadership (CACOL), Mr. Debo Adeniran said: “We will like to commend the Sanwo-Olu led administration in Lagos state for taking this bold step aimed at curbing corruption in government in the state.

“We hope the anti-corruption commission would be independent, autonomous, self-governing, unbiased and will not be an appendage of the executive arm of the state government in the discharge of its statutory duties. We also believed that the state government would give the commission all the needed financial, human and material support in order for the commission to succeed.

“We also hope the new anti-graft agency would intensify efforts in tracking, investigation, arraignment, and effective prosecution of all corrupt officials to avert a situation whereby the court would be left with no other choice than to order the release of a corrupt public officials, for lack of proper prosecution or perpetual detention without trial,” he added.

It took Sanwo-Olu 11 months after signing the bill into law to appoint, in March 2022, Justice Mojisola A. Olatoregun (rtd), who retired as an administrative judge of the Federal High Court, as chairman of the commission.

However, a month after the appointment, the state House of Assembly in April 2022 tinkered with the title of the law, changing it from Lagos State Public Complaints and Anti-Corruption Commission Law 2021, to Lagos State Public Petitions, Anti-Corruption and Transparency Commission Law 2021.

Aside from Lagos State, other states that have anti-corruption agencies or commissions include Kano, Oyo, Ebonyi, and Ondo states.

Two years down the line, nothing has been heard about the actual activities of the commission.

It has also not been recorded that it has received any petition, or tried anyone for corrupt practices.

Commenting on this, Suraju stated that the state only passed the law, but has yet to actualise it in practical terms.

“Unfortunately, the commission was poorly conceived by its architects and drafters of the law. It was conferred with powers impossible to implement, or better still, illegal powers. The Lagos commission was also charged with taking over cases involving Lagos politicians that are under investigation by the EFCC and national law enforcement and anti-corruption agencies, just as it had sole propriety over corruption cases involving Lagos resources/funds.

“Whereas, several judicial pronouncements, including the apex court of the land vest powers on ICPC and EFCC to investigate and prosecute cases at the state level, that provision of the law establishing the commission laid the foundation for its failure and possibly death.”

On whether the commission would be strengthened to perform its role better, Suraju maintained that it would be difficult to strengthen such commission by politicians whose sole purpose is to derive immunity from investigation and prosecution through the commission.

He added that experiences from the commission in Kano State clearly shows its inability to hold the executive and legislators to account, especially as state governors in Nigeria operate like emperors.

“Their assemblies are mere lapdogs in the exercise of checks and balances. The membership of the commission board is expectedly appointees of these emperors and are never going to have the guts, resources, independence and support to deliver on expectations.”

Suraju, therefore, advised that states should discontinue creating another diversion with the establishment of this diversion and rather improve on their commitment to transparency, accountability and responsible management of resources.

“The state legislators should also assert their constitutional mandate of oversight on the executive and force reductions of corruption in the states. Once, we can achieve this basic attitudinal change, operational reorientation and assertion of constitutionally sanctioned separation of power. We would have strengthened our governance system and addressed the diversion of creating a worthless state anti-corruption commission.”

While the chairman of the commission, Justice Olatoregun (rtd) could not be reached for comments, efforts to also get the Ministry of Justice to shed light on the commission’s activities in the last two years were also unsuccessful, as the Public Relations Officer of the Ministry, claimed that she was yet to get her principal, the Commissioner for Justice and Attorney General’s comment as at press time.

Also, when the Commissioner for Information and Strategy, Gbenga Omotoso, was contacted, he also declined comment, and referred The Guardian back to the Ministry of Justice. Again, the ministry was not forthcoming with any update.