Abstract
The paper delineates and addresses the impact of section 171 of the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN) as amended on the security of office of the heads of anti-corruption agencies (ACAs) and the fight against corruption in Nigeria. One of the key pillars for securing the independence of ACA is securing the tenure of office of the ACAs through appointment and removal procedures. Such protection enables the head to effectively discharge his function without fear or undue influence. To guarantee this, the anti-corruption law usually provides for the procedures for appointment and removal of head of ACA. Where the appointing authority of the head of ACA is the President, a confirmation of the appointment by the Senate is required. The appointment of Mr. Ibrahim Magu under section 171 CFRN after two rejections of confirmation of his appointment by the Senate of the Federal Republic of Nigeria upon recommendations by the President calls for assessment of section 171CFRN in order to delineate and address the impacts of this section on the security of office of the heads of ACAs in in particular and the ACAs in general in Nigeria. Therefore, this paper using content analysis and case study approaches examines the provisions of section 171 of the Constitution, the impact of the section on appointment of heads of ACAs. The paper finds that section 171 is an erosion of the security of office of the ACA and independence of the ACA in Nigeria. In offering the ways forward, the paper recommends among others things, the amendment of section 171 to include the head of ACA among appointments that require the confirmation of the Senate and a clear provision stating that appointment in an acting capacity made by the President should be for a maximum of one year and not renewable. Also, the removal of head of ACA at all times should be subjected to the confirmation of the Senate.