The 2008 Anti-Corruption Act, which is currently pending
ratification by Parliament, promises to endow the Anti-Corruption Commission
(ACC) with the power to independently prosecute and punish corruption.
Such independence is long overdue; it was
among the TRC’s imperative recommendations issued in 2005, and President Koroma
has recently expressed his strong support for such changes.
On Wednesday July 9th, we spoke
with Mr. Abdul Tejan-Cole, the Commissioner of the ACC, about the current state
of the ACC, the pending Act, and his vision for the ACC in years to come.
The ACC currently operates under the guidelines of the
National Anti-Corruption Strategy (NACS), issued in 2005 and revised in 2008.
The strategy emphasizes two main avenues for
fighting corruption: prevention and confrontation. To that end, the NACS envisioned
a National Integrity System, aimed at achieving transparent, efficient and
effective public and private sector institutions. Many major steps toward the
realization of these goals have already been taken.
The Public Procurement Act of 2004
established the National Public Procurement Authority (NPPA) to regulate and
monitor public procurements.
The work of
the NPPA is of paramount importance in the fight against corruption, as an
estimated 60-70% of all the country’s corruption takes place within the area of
procurements. The ACC and the NPPA have a close working relationship. According
to Tejan-Cole, the ACC “considers itself the enforcement arm of the NPPA.”
In addition to procurement measures, the ACC recently
convened its official Steering Committee, tasked with overseeing the logistical
implementation of the National Integrity system.
Over the course of the Committee’s 2½ year
mandate, Tejan-Cole hopes it will achieve many of the major goals of the
NACS.
One of these goals, of course, is
to extend the fight against corruption beyond the ACC’s headquarters in
Freetown - out into the
provinces, out into other government and civil society organizations, and out
into the hearts and minds of all Sierra Leonean citizens. The ACC stresses that
the work of fighting corruption does not belong to it alone; rather, it is a
national struggle.
The ACC now has
offices in Bo and in Makeni, which should be fully functional by the end of
August, 2008.
In addition, the ACC has
set up hotlines, enabling citizens to call and make reports from anywhere in
the country. (*The numbers for those hotlines can be found at the end of this
article.) The ACC is also working closely with civil society groups. “One of
the first things I did after coming into my position,” recalls Tejan-Cole, “was
to strengthen the department of Public Education and Outreach.
That department aims to inform the public
about the evils of corruption and to enlist public support for the fight
against it.”
But the ACC is still fighting an uphill battle. Tejan-Cole
tells us that, though his Commission employs many wonderful staff members, they
have been unable to provide the proper training, due to a lack of resources.
Resource constraints are also to blame for the ACC’s current lack of
equipment.
Without adequate funding to
meet its staffing and equipment needs, the ACC will continue to struggle to
build its capacity and meet its mandate.
Even with the proper funding, however, the ACC would still face
significant limitations because of inadequacies of its current mandate. The
mandate authorizes only nine offences for which the ACC may bring indictments,
leaving out many other forms of corruption. Moreover, there is no provision in
the current act that mandates the declaration of assets by public officials.
This means that the ACC has no power to enforce President Koroma’s promise that
he and his administration will declare their assets, which poses a significant
obstacle to the overall goal of governmental transparency. Perhaps the largest
problem currently facing the ACC, however, is its lack of independence. Under
the current mandate, the ACC must refer cases to the Attorney General’s office
for prosecution.
This arrangement causes
a considerable conflict of interests, as the Attorney General’s office is a
political body.
There is hope, however, that many of these issues will be
addressed soon. The Anti-Corruption Act of 2008, currently pending approval by
Parliament, would authorize the ACC to conduct criminal prosecutions,
independent of the Attorney General’s office. This arrangement would allow the
ACC to have the final word on the prosecution of its cases, making it entirely free
from political influence. Tejan-Cole stresses that this arrangement would not
give the ACC too much power. “There are many bodies that have both
investigatory and prosecutorial powers that are not too powerful, both here and
abroad,” Tejan-Cole explained. “Look at the FCC in
Nigeria and also the police. The
police here in
Sierra Leone
have the power to investigate as well as to prosecute. We do not think those
abilities add up to too much power. All it would do is make us fully
independent, which is essential to carrying out our duties effectively.” In
addition to granting prosecutorial powers, the bill would expand the list of
indictable offenses, enhance protections for whistleblowers and witnesses, and
mandate the declaration of the assets of public officials. All in all, these
changes would vastly improve the ACC’s structure and capacity, and
substantially improve its ability to fight corruption.
Abdul Tejan-Cole knows that the ACC has
difficult work ahead, but he knows, too, that that work is imperative to
bringing a brighter future to
Sierra
Leone. When asked about his vision for the
future of the ACC, Cole replied:
“I
would say that I have three broad goals. The first is to improve the capacity
of the Commission, especially when it comes to independence. The second goal is
to improve the delivery of services.
We
need to improve professionalism within the organization as well as our ability
to handle the number of cases that we get. Finally, I would like to improve
public knowledge and awareness regarding issues of anti-corruption, especially
by enlisting the help of civil society and the media. If I can accomplish these
three objectives during my term as commissioner, I will feel good about my
performance.”
* Reports to the ACC may be made by calling
their hotline from any mobile phone. On Africell:
077-985-985 or
077-986-986.
On Celltel:
161