Why EFCC lacks powers to arrest, investigate Ita Ekpenyong – Mike Ejiofor

A former Director of the Department of State Service, DSS, Mike Ejiofor, has said that the Economic and Financial Crimes Commission, EFCC, had no right to investigate how the DSS funds were spent.

He said this while reacting to the Tuesday’s faceoff between the two sister agencies.

According to him, the Act establishing the DSS clearly stated that only the President could investigate the agency.

Ejiofor said, “I don’t have a problem investigating anybody but due process must be followed.

“By the DSS Instrument 1 of 1999, no person or agency is empowered to investigate the spending or operational matter of the DSS except the President.

“It is only the President that can ask for investigation. The DSS makes returns of its spending to the President annually.

“I am surprised with what is happening . We have never had it before. He (Magu ) has no power or mandate to investigate the spending of the DSS. It is not done anywhere in the world.

“If he had the power, he should have gone to the DG DSS. Possibly he wants to settle scores because he was indicted by the DSS report which barred his confirmation.

“It has never happened in the history of this nation before.”

………….

On audit of EFCC and other security organisations:

Yes the EFCC has no powers to audit DSS but Auditor General for the Federation www.oaufg.ng

If DSS was created by an act of National Assembly as stated in section 85 subsection 4 of Nigeria constitution 1999 (amended); then DSS is subject to be audited by office of Auditor General for the Federation.

The Department of Security and Agencies Audit is responsible for such audit in the office of Auditor General for the Federation. The depertment who shall conduct full audit of all military, paramilitary and periodic checks of other related security organisations in nigeria and report to Auditor General for onward submission of such reports to NASS for deliberations. After which the report will be finalised and passed to the executive arm of government via office of Mr. President.

Unofficial findings in Auditor General office reviled that DSS, NIA and Office of Security Adviser to the President are known for their regular blockage of audit exercise. This may be partly due to lack of knowledge and powers of Auditor General for the Federation and his office or demonstration of force by these security outfits to stop audit of security vote.

If you ask me ”Is security vote auditable?” The answer is YES! Because its an appropriation from income and expenditure of the federation. And Auditor General should audit such expenditure of security vote appropriated and released to every security organisation created by an act of National Assembly.

If such audit was allowed in the past, the mess in some security organisation of diversion of security funds to one Ikoyi build wouldn’t have occurred.

Nigerians and indeed all security organisations in Nigeria should be guided please.

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