MEMORANDA SUBMITTED TO THE INTER AGENCY TASK TEAM (IATT) ON THE DEVELOPMENT OF A NATIONAL STRATEGY TO COMBAT CORRUPTION BY THE ZERO CORRUPTION COALITION (ZCC)

By some estimates close to US $400 billion was stolen from Nigeria between 1960 and 1999[1]. Sani Abacha (Nigeria’s former military dictator) alone is estimated to have stolen the equivalent of 2 - 3 per cent of the country's GDP for every year that he was President between 1993 and 1998[2]. In the words of the UNODC Executive Director, “that is a staggering almost astronomical amount of money because if you were to put 400 billion dollar bills end-to-end, you could make 75 round trips to the moon”![3].

The devastating effect of this wanton looting is seen in the fact that in 1965 when Nigeria’s oil revenue per capita was about US$33, per capita GDP was US$245. However, in 2000 when oil revenue grew to US$325 per capita, per capita GDP remained at the 1965 level, implying that oil revenue accumulated over the 35 year period between 1965 and 2000 did not add value to the standard of living of Nigerians. Whereas Nigeria’s per capita GDP (in PPP[4] terms) was US $1, 113 in 1970, It is estimated to have fallen to US$1, 084 in 2000, a figure which places the country among the fifteen poorest in the world[5].

In the same vein, the percentage of Nigerians living below the United Nations US$1 per day absolute poverty line has risen from 27 in 1980 to 66 in 1996, and 70 in 2000[6]. At the same time, income distribution has deteriorated sharply with more and more people pushed towards poverty and towards extreme wealth. With a Gini[7] index of 50.6 in 1996-97, Nigeria’s richest 10 percent controls 40.8 percent of the country’s wealth and the poorest 10 percent only a negligible 1.6 percent[8]  whereas in 1970 the top 10 and bottom 17 percent of the population earned the same amount of income[9].

The cumulative effect is that while Nigeria is Africa’s largest and world’s eighth exporter of crude oil,  it also plays host to the largest single population of poor people in Africa. According to Government statistics, 54% of Nigerians live below the poverty line of less than a dollar a day.[10] This according to the 2006 Census stands at 78 million people. This is greater than the combined total population of seven West African countries (Ghana, Togo, Sierra Leone, Republic of Benin, Liberia, the Gambia and Cote d’Ivoire) which adds up to 67.3 million. The challenge of corruption in Nigeria therefore overshadows the rest of West Africa.

In addition to the underdevelopment and poverty exacerbating effects of corruption, It is also noted to undermine democracy and the rule of law, lead to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human security to flourish. In Nigeria, corruption was also cited as the reason by the military for its incursion into politics in the country and the collapse of the efforts at democratic governance in 1966 and 1983 underlining the destabilizing effect of corruption on democratic governance and rule of law.

The link between corruption and human rights is also increasingly being recognized.  The UNDP concluded that corruption has a pervasive and troubling impact on the poor, since it distorts public choices in favour of the wealthy and powerful, and reduces the state’s ability to provide a social safety net[11].

Corruption by undermining the capacity of the state to act is one of the greatest obstacles in fulfilling a state’s obligation to protect and promote human rights. A corrupt state creates a vicious circle in which the state quickly loses its authority and ability to govern for the common good. Corruption makes it possible for critics to be silenced, for justice to be subverted and for human rights abuses to go unpunished[12].

When corruption reigns, basic human rights and liberties come under threat and social and economic contracts become unpredictable[13]. Therefore corruption affects both civil and political rights, as well as economic, social, and cultural rights

The cycle of corruption facilitates, perpetuates, and institutionalises human rights violations hence promotion and protection of human rights and efforts to end corruption are mutually reinforcing. All forms of corruption tend directly, indirectly or remotely to violate human rights. Conversely, wherever human rights are not protected, corruption is likely to flourish. In the absence of freedom of expression and assembly, or where access to information and education is restricted, it is not possible to hold government officials to account and corruption finds free grounds. And where corruption is prevalent, it is hard to promote human rights.

Corruption hinders economic development, reduces social services, and diverts investments in infrastructure, institutions and social services[14]. When accountability mechanisms are weak or non-existent, it becomes too easy for violations to occur. Endemic corruption destroys the fundamental values of human dignity and political equality, making it impossible to guarantee the rights to life, personal dignity and equality, and many other rights.

While Nigeria has since 1999 when civil rule was reintroduced, made concerted efforts to stamp out corruption as exemplified in the promulgation of new anti-corruption laws and establishment of anti-corruption agencies, Nigeria still lacks a comprehensive anti-corruption strategy, which is considered a first step in a coordinated effort at stamping out corruption in any country.

The need for and importance of a national strategy to combat corruption is underlined by Article 5 of the UN Convention Against Corruption (UNCAC) which came into effect in December 2005 as the first legally binding, international anticorruption instrument and which Nigeria ratified on 14 Dec. 2004. which stipulates that ”Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability”.

The attempt at developing a national anti-corruption strategy is also a direct response to Nigerian civil society call for such a framework over the years[15]

ISSUES IN COMBATTING CORRUPTION

The overall anti-corruption effort in Nigeria has not achieved the desired result as a result of a number of reasons. Some of the reasons for the poor performance of these initiatives and institutions include:

1.    ABSENCE OF A CO-ORDINATED NATIONAL ANTI-CORRUPTION ACTION PLAN.

In Nigeria there are a number of Watchdog and oversight agencies working to combat different manifestations of corruption. Some of these institutions are The Independent Corrupt Practices and other Related Offences Commission-ICPC, The code of Conduct Bureau-CCB, The Public Complaints Commission, The Economic and Financial Crimes Commission-EFCC, etc. However, they are not operating within a co-ordinated and cohesive National Framework\Action Plan on corruption. This gives rise to a myriad of adhoc, episodic and disjointed activities, leading to dissipation of synergy, duplication and sometimes conflicts. Evaluation and monitoring is also problematic under this environment.

2.    LOW CAPACITY OF KEY ANTI-CORRUPTION AGENCIES

The anti-corruption agencies are underfunded and under staffed as established in the facts outlined above.[16] The entire structures are plagued by low capacity both in terms of manpower and equipments. Opportunities for training and capacity building are limited. Further the staff are placed within the poor remuneration structure existing within the Civil service. As a result, the staffs of these strategic institutions are not only exposed to temptations and challenges, which may compromise their integrity, the requisite motivation to ensure commitment is absent.

3.    INADEQUATE LEGAL FRAMEWORK AND POOR ENFORCEMENT MECHANISMS           

The absence of two key components in the Ant-Corruption legal framework has impeded the work of the anti-corruption agencies. The existing legislations have no provisions for the protection of Whistle-Blowers and Access to Information. This has handicapped the Anti-corruption agencies, as the requisite co-operation expected from the public is non-existent.

Further, while Nigeria has Legislation and an agency to ensure Declaration of Assets by Public Officers,[17] compliance is not enforced due to the low capacity of the Code of Conduct Bureau, which is the agency, charged with this responsibility. There is also the absence of monitoring of the Asset Declaration by the civil society because of lack of access to the declarations made by Public Officials.

While there is a Code of Conduct for public officers, conflict of interest rules and regulations on gifts and hospitality by public officials, these laws are seldom enforced and are breached with impunity. The Agencies charged with enforcing compliance are handicapped by the Governments lack of political will and low capacity.

LACK OF INDEPENDENCE OF ANTI-CORRUPTION AGENCIES

The Anti-Corruption Agencies, contrary to the provisions of their legal framework are not independent in practice and are susceptible to interference from the Government. This has eroded public confidence in their activities. Appointment of key officials of these agencies is made by the executive and there is the tendency to dance to the tune of the executive.

Another strategic area of control is funding. Some of the Agencies get their funding through the normal budgeting and appropriation process while others like the ICPC are funded directly by the Presidency. In both cases, these Agencies have no control over their budget because their requisitions are subject to Government approval. Even where the budgetary allocation has been made, release of funds is still subject to the whims of the executive as there is no budgetary discipline.

There have been calls by stakeholders for the introduction of radical funding principles in respect of the anti-corruption Agencies. For instance, it has been suggested that the Agencies be permitted to retain a percentage of the funds they recover from offenders to reduce their dependence on Government. The government appears to be opposed to this idea. A provision to that effect, which was incorporated into the Economic and Financial Crimes Act 2002, was deleted at the instance of the executive before the Bill was passed into Law.

A further handicap on the activities of these agencies is the immunity constitutionally guaranteed for top public officers such as the President, Vice President and Governors and their deputies.[18] In an environment where grand corruption is often perpetrated with the active or passive connivance of top public officers, this protection has instilled a sense of apathy in the populace and the belief that corruption can no longer be checked.

PUBLIC TOLERANCE FOR CORRUPT PRACTICES

The culture of tolerance for corruption has been contributory to the low success recorded by some anti-corruption agencies. Issues like graft, embezzlement and inflation of contracts enjoy very high tolerance within the culture. As a result, the moral indictment, which should follow such allegations, is significantly absent. This explains the dismal record of the relevant agencies in prosecuting offences of this nature.

In contrast however, are the successes recorded by the Economic and Financial Crimes Commission –EFCC, and the National Agency For Food and Drug Administration and Control-NAFDAC. These two agencies deal with perpetrators of Advance Fee Fraud and adulteration of drugs and pharmaceutical products, and food products. Due to public aversion to these offences, the agencies enjoy a lot of public goodwill, which in addition to the dynamism of the key officers in this sector has contributed to the effectiveness of these two agencies.

RECOMMENDATIONS

The recommendations can be divided into two main strategies- The immediate steps that need to be undertaken and the long term strategies.

IMMEDIATE STEPS

These are those beneficial short term activities which serve to flag off the campaign, create awareness mobilize the populace around the issue and send strong signals of the political will to fight corruption

SANCTION AND REWARD

The most effective of the quick win tools is the sanction and reward system. The sanction indicator is the one most visible to the public. Therefore, successes in other areas, in the absence of effective implementation of sanctions are usually met with skepticism by the masses. An effective anti-corruption regimen must therefore institute measures to make corruption a high-risk business with the danger outweighing the benefits.

The other side of the spectrum also is the need to institute a credible reward system for integrity to encourage and celebrate those men and women who have shied away from the endemic corruption in public service.

INTENSIVE PUBLIC EDUCATION ON THE SCOPE AND CONSEQUENCES OF CORRUPTION

There is need to educate the public on the scope and consequences of corruption and the impact on the society. This will stimulate the active involvement of the public in the fight against corruption and eliminate the present state of apathy and tacit acquiescence.

A  FAST TRACK COURT TO PROSECUTE  AND SANCTION CORRUPT PRACTICES.

At present the agencies such as ICPC prosecute their cases in the regular courts which are fraught with delays. The poor profile of completed cases increases the perception that corruption cannot be effectively combated. As a result there has been a call by anti-corruption activists for the establishment of fast track courts which will have special rules designed to avoid delays.

MOTIVATIVATION FOR ANTI- CORRUPTION AGENCIES

There is need for motivation of the staff of the anti-corruption agencies to reduce the possibility of compromising integrity and ensure commitment to the cause.

ENCOURAGING THE BUILDING OF MULTI-SECTOR COALITIONS AGAINST CORRUPTON

Broad sectoral and inter-sectoral coalitions against corruption are highly beneficial. These coalitions should incorporate diverse government agencies, the private sector and civil society inclusive of trade unions and faith based organizations.

2.  LONG TERM STRATEGIES

These are strategies aimed at broad systemic improvements strengthening and institutionalization of structures tools and pillars of integrity. This strategy is best appreciated when examined n the context of the three generally accepted indicators of an effective anticorruption regimen which are:

·         Increased Transparency

·         Closing the door to illicit activities

·         Effective Sanctions

INCREASED TRANSPARENCY:

This is based on the ancient wisdom that sunshine is the best disinfectant. Corruption being an act which s perpetrated n secrecy thrives in an environment of opacity. Therefore increased transparency is not only an anathema to corruption, it encourages accountability. However, transparency cannot be achieved without access to information.

LOCATING ACCESS TO INFORMATION

It is generally accepted that openness and transparency is an anathema to corruption. It follows therefore that an environment of secrecy and censorship of information is a favorable breeding ground for corruption. Transparency can only be achieved where there is access to information as a matter of right and not of discretion.

An ancient and modern characteristic of governance and leadership has always been opacity. To achieve the level of transparency capable of reducing or banishing corruption therefore, a proactive process has to be initiated to counteract this ancient custom. It is increasingly recognized in modern polity that part of this process is the institution of an access to information regimen. At present, over forty countries round the world have already embraced this doctrine. Nigeria being touted as one of the most corrupt countries globally has a critical need to sign on to this process.

WHISTLE-BLOWING AND INCREASED TRANSPARENCY

With the broad disclosure provisions, which are a common feature of a Whistle –Blower Law, secrecy and opacity in governance is considerably reduced.

The Draft Whistle-Blowers Bill presently being canvassed by the Zero-Corruption Coalition has a broad definition of Public Interest disclosure, which embrace issues ranging from crime, health and safety issues, miscarriage of justice, mal-administration wastage, and unauthorized use of public funds and resources, abuse of power or office and damage to the environment. Where there is protected disclosure on such a wide range of issues, opacity and its attendant evils will be greatly reduced. In addition the bill provides for radical disclosure principles by removing the civil service stereotype of channeling a disclosure via the immediate boss.

The Bill also provides for a Witness Protection Office and a Witness Protection Program –WPP-, for Whistle-Blowers.

 CLOSING THE DOORS TO ILLICIT ACTIVTIES:

This indicator recognizes human weaknesses and the propensity to take advantage of laxity and absence of checks and balances. A holistic anti-corruption regimen therefore has to import parameters of conduct by reducing opportunities for expressing corruption. This strategy requires not only setting up structures such as the various oversight agencies but also instituting a strong legal and regulatory framework which is process driven as opposed to personality driven. If this is achieved, there will be a greater chance of sustainability. Some of the key elements of this indicator are as follows:

·         Effective Legal and Regulatory framework, which encourages pro-activity.

·         Adequate funding of the oversight agencies.

·         Continuous training and capacity building for the oversight agencies.

·         Codifying recent initiatives such as the Budget transparency initiative, the Due process initiative and the Fiscal Responsibility initiative.[19]

EFFECTIVE  SANCTIONS:

This indicator is the one most visible to the public. Therefore, successes in other areas, in the absence of effective implementation of sanctions are usually met with skepticism by the masses. Where there is a political will to combat corruption, information and disclosure lead to investigation and prosecution and ultimately to sanctions. In such an environment corruption becomes a high-risk business with the danger outweighing the gain.

The most effective tool in ensuring effective sanctions is a virile court system characterized by fair and speedy dispensation of justice. There is therefore the urgent need to do the following:

·         Reform the court system to improve efficiency and service delivery.

·         Take measures to introduce a fast track court to try cases of corruption.

NATIONAL ACTION PLAN AGAINST CORRUPTION

There is the urgent need to adopt and launch a National Action Plan against corruption to provide a holistic platform for the fight against corruption. This platform will provide a handle for monitoring and evaluation and also define roles and responsibilities of the various stakeholders. Such an action plan must capture and provide an entry point for all the diversities such as gender, religion and ethnicity. It is also canvassed that the platform must seek to tackle the problem from the roots by including a provision for introducing integrity and accountability in the curricular of primary and tertiary institutions in the country.

                 
CONCLUSION
It is an indisputable fact that corruption is threatening the very existence of Nigeria, and has brought Nigeria and Nigerians to odium within the comity of Nations. This menace has led to under-development, inability to actualize individual and national potentials and impacts on national pride and patriotism. Therefore, no efforts should be spared in combating this cankerworm.