AN EVALUATION OF THE CONFLICTS IN THE LAWS ESTABLISHING THE ECONOMIC AND FINANCIAL CRIMES COMMISSION AND THE INDEPENDENT CORRUPT PRACTICES AND OTHER RELATED OFFENCES COMMISSION

Abstract

This study critically examines the legal regimes governing Nigeria’s major anti-corruption agencies, with particular focus on the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC). The research investigates the problem of overlapping mandate, duplication of functions, and jurisdictional conflicts arising from the proliferation of public agencies in Nigeria. Using doctrinal research method, the study analyses the enabling statutes of both agencies, relevant constitutional provisions, and scholarly literature. Findings reveal significant overlaps in the powers of investigation, prosecution, asset recovery, public enlightenment, advisory functions, and anti-corruption enforcement vested in both agencies. The study observes that the broad mandate of the EFCC has substantially subsumed many of the functions assigned to the ICPC, resulting in duplication of effort, wastage of public resources, and operational inefficiencies. It further finds that corruption remains a major impediment to Nigeria’s socio-economic and political development despite the existence of multiple anti-corruption institutions. The paper concludes that the current legal framework creates unnecessary conflicts and recommends that merger of the ICPC with the EFCC, in line with the recommendations of the Steven Oronsaye Committee. Alternatively, it advocates for clear statutory delineation of functions between the two agencies to eliminate overlap and enhance effectiveness in the fight against corruption. The study also recommends the strengthening of existing institutions rather than the creation of additional agencies with similar mandates.