What is the problem with finance and money rheostat? [Last part]
By Dr. Moyi Harry Ruben
The second Commission which also worked well in countries like Ghana is the Independent Corrupt Practices and other related offences commission (ICPCO). The (ICPC) Establishment of Corrupt Practices and Other Related Offences Act, also is important as the functions is not related to the mentioned above commission.
These is not substitute to Anti- Corruption commission, it is concerned with financial misappropriation. This Commission should be body corporate endowed with perpetual succession.
It should have a common seal and is juristic i.e. may sue and be sued in its corporate name. Many countries use it to prosecute offences. Composition of the commission.
The Commission shall consist of a chairman and twelve other members, two of whom shall come from each of the geo-political zones as follows:
- A legal practitioner with at least 10 years post call experience.
- A retired judge of a superior court of record
- A retired police officer not below the rank of commissioner of police 3.A retired public servant not below the rank of a director
- A woman of a professional character 5.A chartered accountant 7. A youth not less than 21or more than 30 years of age at the time of his or her appointment. The Chairman shall be a person who held or qualified to hold office as a judge of a superior court of record in country.
Appointment of members’ commission. The Chairman and members of the commission must be persons of unquestionable integrity, shall be appointed by the president and confirmed by the parliament (Senate).
They are however not to commence the discharge of their duties until they have declared their assets and liabilities as prescribed in the Charter or constitution of the Republic of the country. Tenure of office.
The Chairman is to hold office for 5 years and be reappointed for another term of 5 years, while other members shall hold office for 4 years and can be reappointed for another 4 years.
Duties or functions of independent corrupt practices commission (ICPC).
- To receive and investigate any report of the conspiracy by any person or group of person who have committed or attempt to commit an offence under the Act.
- To prosecute those who are found to have committed any offence under the Act after the investigation.
- To examine the systems, practice and procedures of public bodies such as Ministries, state, local government or any Parastatals.
- To give supervisory advice to public bodies whose practice systems and procedures are likely to be susceptible to fraud or corruption?
- To advise, educate and help any officer, Agent, board or Parastatals on the set of programmes that can be embarked upon to eliminate or reduce to the nearest minimum, the incidence of fraud and corruption.
- To intimate the Accounting Officers in the public bodies of any changes effected in the procedures and systems of administration as it concerns their Ministries, Parastatals, Public Corporations, or Departments.
- To educate the public bodies on the methods of detecting, preventing and arresting fraud, bribery, corruption and related offence in their Ministries Parastatals, Corporation or Department.
- To educate the public against offences like, bribery, corruption, forgery, impersonation, advance fee fraud and other related offences.
- To instruct the executives on how to detect, prevent and reduce to acceptable, level, incidence of corruption and related offences.
- To involve the general public in waging war against corruption and corrupt practices. Differences between EFCC and ICPC.
The EFCC is primarily charged with the responsibility of enforcing laws relating to banking, money laundering, Advance Fee Fraud miscellaneous offences and other related offences while the ICPC is to enforce laws relating to fraud, corruption and embezzlement of funds in relation to public services.
The EFCC does not have any time limitation as to when a crime was committed while the ICPC is limited in time to those offences committed during financial year.
The EFCC has power to prosecute directly without recourse to the Attorney General’s Office while the ICPC can only prosecute through the Attorney General’s Office.
The reference above would be the bases for public confidence due to the nature of the composition of the offices of this commission.
Anti-corruption is a general commission while these two are specific in nature. If , therefore, had we to have such commissions the issue to investigating matter would not be accorded to the hands of ministers, who may not have the necessary skills in the financial world.
For example the sale of crude oil is very complicated in the world market, it needs skilled and professional people like those in the wall street of New-York. However, it is a step in right direction.
I would suggest that the Finance ministry look into the problem why the profession is not performing, and what could be done.
There are Good courses offered by South Sudan Islamic University, i.e. Treasury and Revenue Management, Budgeting and Appropriation, and Project Monitoring, Evaluation and other, these should be made available to employees jointly or individually to improve performance.
I have not heard from any radio something concerning the progress taking place in Finance, I do not know whether we are the best for ourselves.
So finance should not be neglected. We should find out why the institution is not performing.