No Commissioners, No Action: ACC stalled for 63 days
Bangladesh’s only statutory anti-graft body the Anti-Corruption Commission (ACC) has complaints, cases and personnel in place, but has been unable to function fully in the absence of a commission to authorise action.
The ACC has remained without a chairman and commissioners for more than two months, rendering it legally unable to initiate fresh anti-corruption measures.
The three-member commission, led by Dr Mohammad Abdul Momen, resigned on 3 March.
Their resignations were accepted by President Mohammed Shahabuddin, with the Cabinet Division issuing a gazette notification.
As of 5 May, the ACC has been without a commission for 63 days, exceeding the statutory 30-day timeframe.
Section 11 of the Anti-Corruption Commission Act, 2004 stipulates that the President shall appoint a qualified person within 30 days of a post falling vacant due to resignation, death or removal.
In practice, the absence of commissioners has stalled the core functions of the agency. Speaking to The New Nation, Dr Momen said: “No new inquiry can be opened without commission approval.
New cases cannot be filed, investigations into already filed cases cannot be formally approved, charge sheets cannot be cleared, and trap cases cannot be launched.”
According to ACC data cited by officials, the agency conducted 865 enforcement drives nationwide last year, averaging about 72 per month. In January and February this year, it carried out 97 drives.
However, following the commission’s vacancy in March, no enforcement drives were conducted in either March or April.
An ACC official, speaking on condition of anonymity, said the law vests key decision-making authority in the commission, while officials are primarily responsible for executing those decisions.
“Complaints can still be received, registered and placed before the authorities, including those submitted through the hotline 106.
However, without a functioning commission, the ACC cannot formally approve a new inquiry, authorise a case, clear an investigation decision or permit prosecution-related steps.”
The current situation is notable, as the ACC has rarely remained without a commission for such an extended period.
Since its establishment under the 2004 law, the commission has had seven leadership phases.
The first was headed by Justice Sultan Hossain Khan, followed by Lt Gen (retd) Hasan Mashhud Chowdhury.
Subsequent commissions were led by Ghulam Rahman, M Badiuzzaman, Iqbal Mahmood, Mohammad Moinuddin Abdullah, and most recently Dr Mohammad Abdul Momen.
The Momen-led commission was formed on 10 December 2024, when the government reconstituted the ACC by appointing him chairman alongside commissioners Azizi and Farid.
This is not the first leadership gap the ACC has faced. Following the resignation of the Moinuddin Abdullah-led commission on 29 October 2024, the body remained without commissioners for 42 consecutive days before the Momen-led commission was appointed.
However, the present vacancy has already surpassed that duration.
A key pending step is the formation of the search committee required under the Act to recommend candidates for appointment.
Despite the continued application of the 2004 law, no visible progress has yet been made towards constituting this body.
