Institutional uncertainty at ACC over three key resignations

The Anti-Corruption Commission (ACC) has fallen into institutional uncertainty following the resignation of Chairman Dr Mohammad Abdul Momen and commissioners Mohammad Ali Akbar Azizi and retired Brigadier General Hafiz Ahsan Farid on March 3. Their departure has left the statutory body without any commissioners, raising concerns over the continuation of its legal and operational functions.

The sudden exit of the Momen Commission has created a complex situation within the organisation, as the Anti-Corruption Commission Act and its rules do not clearly specify who will take decisions on key matters-such as filing cases, initiating inquiries, approving investigations and authorising operations-in the absence of the commission. As a result, apart from ongoing inquiries, investigations and routine work, most major decisions are likely to remain suspended.

According to the Anti-Corruption Commission Act 2004, a commissioner may resign by giving one month's written notice to the President.    

The law also states that commissioners can be removed only through the same procedure applicable to judges of the Supreme Court. However, in practice, several commissions have stepped down without completing the prescribed notice period, and the law does not clearly define how the organisation should function in such circumstances.

An ACC official, speaking on condition of anonymity, expressed concern that repeated political changes could undermine the independence of the anti-corruption watchdog. He said, "If the ACC chairman and commissioners change with every change of government or are forced to resign before the end of their term, the commission will never be able to function independently."

The ACC was established on November 21, 2004, after the Anti-Corruption Bureau was abolished. Since its inception, seven commissions have been formed, of which four left office before completing their tenure due to political changes.

The first commission, headed by retired Justice Sultan Hossain Khan, resigned following the political upheaval of January 11, 2007. The second commission, led by Lieutenant General (retd) Hasan Mashhud Chowdhury, also stepped down after the Awami League's landslide victory in the ninth parliamentary election in December 2008.

Later commissions led by retired secretary Golam Rahman, former National Board of Revenue chairman M Badiuzzaman and former secretary Iqbal Mahmud completed their full terms during the Awami League government.

More recently, the sixth commission headed by Mohammad Moinuddin Abdullah resigned on October 29, 2024, following the July uprising. Commissioners Md Zahurul Haque and Md Asiya Khatun resigned on the same day, leaving the ACC without a commission for 42 days until Abdul Momen assumed office as chairman on December 10, with the other commissioners joining later that month.
Officials say that until a new chairman and commissioners are appointed, the commission will not be able to initiate new investigations, approve cases or file charge sheets, as these actions legally require the commission's approval.

Under the existing law, the President appoints three commissioners and designates one of them as chairman from a list recommended by a selection committee. However, the interim government issued the Anti-Corruption Commission (Amendment) Ordinance 2025, expanding the commission from three to five members and reducing the tenure from five years to four years in an effort to make the organisation more effective.

The ordinance also requires that the commission include at least one woman commissioner and one commissioner with expertise in information and communication technology. A scrutiny committee headed by a senior judge of the Appellate Division will recommend candidates. Other members will include a High Court judge nominated by the Chief Justice, the Comptroller and Auditor General, the chairman of the Public Service Commission and two members of Parliament nominated by the Speaker. The ordinance allows the committee to be formed without MPs if Parliament is dissolved.

The committee will prepare a list of two candidates for each vacant post of commissioner and submit it to the President, while the Cabinet Division will provide secretarial support.

A source in the Cabinet Division said preliminary discussions on forming the committee began on Sunday, and authorities are awaiting approval from the highest level of government to start the process.

Transparency International Bangladesh (TIB) Executive Director Dr Iftekharuzzaman said the situation has effectively paralysed the commission's decision-making authority. "There is nothing to be done in this situation. A new commission has to be formed by following the proper process. Commissioners have to be appointed. The activities of the commission will remain at a standstill until that happens," he said.

He added, "According to the ACC law, all decisions require the approval of the commission, especially those related to cases, case management and investigations."

Meanwhile, government insiders said developments may depend on the first session of Parliament scheduled for March 12, particularly if authorities intend to form the new commission under the recently issued ordinance. Discussions are ongoing within government circles regarding potential candidates for the posts of chairman and commissioners.