CSO Perspective on the National Strategy to Combat Corruption

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CSO Perspective on the National Strategy to Combat Corruption:

 

 

Synthesis Reports of Zonal Consultations on the Draft National Strategy to Combat Corruption in Nigeria

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A publication of

 

 

 

Zero Corruption Coalition (ZCC)

 

 

With Support from

 

 

 

 

 

SYNTHESIS REPORTS OF ZONAL CONSULTATIONS ON THE DRAFT NATIONAL STRATEGY TO COMBAT CORRUPTION IN NIGERIA

 

 

ISBN:  -----------------------------------------------------------

 

 

 

 

 

First Published in Nigeria, 2013

 

(c) 2013

 

 

All rights reserved. No part of this publication may be reproduced in whole or in part without the express permission of Zero Corruption Coalition (Publisher).

 

The views expressed in this publication do not reflect those of United Nations Development Programme (UNDP).

 

 

Published by:

Zero Corruption Coalition

C206, 11, Dunukofia Street, Area 11 Garki, Abuja Nigeria.

 

 

Mobile: 08033080526, 08027942603

Email: zerocorruption@yahoo.com

Website: www.zccnigeria.org

 

 

 

 

 

 

 

 

 

 

Contents

 

  1. Acknowledgement ............................
  2. Preface…………….
  3. Synthesis Reports.................................
  4. North Central Report
  5. Communiqué Issued at South-West Consultation
  6. Communiqué Issued at South-East Consultation……………
  7. Communiqué Issued at South-South Consultation……………
  8. Communiqué Issued at North Central Consultation……………
  9. Annexure………………………………………………………

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Acknowledgement

It is with great pleasure that ZCC heartily appreciates everyone who made this project a success. In particular, the financial support from our donor, UNDP, has in no small ways contributed to the accomplishment of the project and the documentation of this publication. We are indeed very grateful.

This project has also been the efforts of dedicated programme staff to this project that coordinated the project under the supervision of the National Secretary for the fruitful implementation of this project.

This project has also been the efforts of dedicated ZCC staff and Zonal Coordinators who facilitated the hosting of the consultations at their various zones, who assisted the National Secretariat for the fruitful implementation of this project.

ZCC also remains grateful to our consultants and resource persons for their hard work. We are immensely grateful also to all our media friends, TUGAR staff and major stakeholders that helped in one way or the other in the course of implementing this project.

 

Signed

 

 

 

Babatunde Oluajo

National Secretary

 

 

 

 

 

 

 

 

 

 

 

 

Preface

BACKGROUND TO THE DEVELOPMENT OF THE NATIONAL STRATEGY TO COMBAT CORRUPTION

The development of a national strategy to combat corruption is rooted in the Nigerian constitution as well as the regional, continental and global anti-corruption treaties to which the country is a signatory. While the 1999 constitution states in Section 15[5] that  “the State shall abolish all corrupt practices and abuse of power”, Article 2(1-3)of the African Union Convention on Preventing and Combating Corruption made allusions to mechanisms, measures, actions and coordinated and harmonized policies “between state parties for the purposes of prevention, detection, punishment and eradication of corruption”.

Article 2(i-iii) of the ECOWAS Protocol on Corruption provides for the promotion and strengthening the development “in each state parties effective mechanisms to prevent, suppress and eradicate corruption” as well as promoting “the harmonization of national anti-corruption laws and policies”, while Article 5 of the UN Convention Against Corruption (UNCAC) which came into effect in December 2005 as the first legally binding international anti-corruption instrument and which Nigeria ratified on December 14, 2005 also 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”.

It is against the background of these constitutional and treaty obligations and the limitation of fighting corruption without a comprehensive strategy that the Nigerian civil society has also been calling call for such a framework over the years[1].

 

These in addition to the realization of the limitations of fighting corruption without a comprehensive strategy informed the setting up of an Inter-Agency Task Team of public institutions with anti-corruption or accountability mandates to develop an anti-corruption strategy for the country under the coordination of the Technical Unit on Governance and Anti-Corruption Reforms (TUGAR) in September 2009.

 

The secretariat of the Inter-Agency Task Team hosted by the Technical Unit on Governance and Anti-corruption Reforms (TUGAR) in March 2010 invited and co-opted the Zero Corruption Coalition (ZCC) as a member of the Task Team as part of its mandate of reaching out to relevant stakeholders in order to ensure a robust output in the form of a National Anti-corruption strategy. This no doubt was a willingness to take on board the proposals and recommendations as well as inputs of civil society in the process of developing the strategy.

 

It is in this wise that the zonal consultations were designed to aggregate civil society proposals and inputs into the strategy with a view to promoting a popular ownership of the strategy document.

 

Auwal Ibrahim Musa (RAFSANJANI)

Chair Steering Committee

INTRODUCTION

The Zero Corruption Coalition (ZCC) with the support of the UNDP organized four zonal consultations on the draft National strategy to combat corruption in the South-west, South-east, south-south and North-central zones of Nigeria between July and December 2012.

 

The consultations attracted participants from Civil Society Organisations working on g across various thematic areas including Community Based Organisations (CBOs), Faith Based Organisations (FBOs), Non-Governmental Organisations (NGOs), Youth groups, Women’s Groups, the Media and Media support organisations, the Academia, Youth Groups, Representatives of Farmers Group.

 

The zonal consultations were convened to provide a forum for civil society groups in the various zones to consider and debate on the Draft National Strategy to Combat Corruption document with a view to determining the extent to which it reflects the views of Nigerians, how adequate it is and its potentials for combating and uprooting corruption in Nigeria. In addition, the consultations were organized in order to elicit inputs- not just to the anti corruption strategy, but on how to comprehensively and effectively tackle corruption in Nigeria as well as locate a place for themselves in the implementation of the strategy with a view to promoting a popular ownership of the strategy document.

 

PROCESS OF CONDUCTING THE CONSULTATIONS

 

The zonal consultations attracted an average of 58 participants, below is a table showing the gender disaggregation of participants at the zonal consultations.

 

 

S/N

Zone

Number of Women

Number of Men

Total

1

South-West

10

48

58

2

South-East

15

44

59

3

South-South

17

40

57

4

North-Central

15

43

58

 

Before the dates of each of the zonal consultations, the draft national policy was circulated and each participant had ample time to go through the draft strategy. At the zonal consultations, each of the participants were asked to identify what they consider priorities and what they need to work on and take the lead on in combating corruption in Nigeria. While participants were concerned about the role of the anti-corruption agencies, they proceeded to locate a place for themselves in the fight against and came up with a list of their priorities.

 

After the round of consultations, Nigerians drawn from the target civil society groups identified the following key priority issues in combating corruption in Nigeria –

 

a)       Corruption in the electoral process as manifested in

  1. The subversion of the popular will and abridgement of the right of the Nigerian people to freely elect their leaders through electoral violence, thuggery and ballot snatching, vote buying exacerbated by mass poverty and illiteracy.
  2. The shift in power balance away from the people to politicians and godfathers who deploy foul means to hijack power and the removal of the locus of control of public officials away from the people to godfathers on whose terms people get into public offices

 

b)       Local Governance issues including but not limited to

  1. Corruption in the system of local government administration especially State governments’ interference in the affairs of democratically elected local governments and or subversion of a system of democratically elected system of local government as guaranteed by the Nigerian constitution; non release/mismanagement or outright embezzlement of local government allocations by State Governors
  2. The attendant effect of the asphyxiation of democracy in local governance and its attendant effect on planning, budgeting and social and infrastructural development
  3. Local government budget process and implementation including lack of citizen engagement in local government budgeting processes.

 

c)       Public Budgeting and Public Finance Management process

  1. Lack of transparency  in the budget process and implementation at the federal, state and local government levels
  2. Lack of citizens engagement in and opaqueness of State and Local Government Budgets
  3. Lack of value for money by public budgets at the federal, state and local government levels. Most public budget does not guarantee value for public money spent.
  4. Lack of continuity and follow up in government budget implementation at all levels of governance including the federal, state and local government despite the presence of the Fiscal responsibility act at the federal level and similar laws in some states.

 

d)       Corruption in public procurement as manifested in

  1. Observance of the public procurement act more in breach rather than in conformity by MDAs at the federal level and a total lack of public procurement laws in most of the states of the federation as well as the attendant lack of strict compliance with due process in contract award procedure and project execution
  2. Corruption in public procurement, contract award procedure and project execution including the Inflation of cost of contracts

 

e)       Corruption in the oil sector and petroleum refining system as exemplified in

  1. The corruption surrounding the maintenance of the nation’s refineries resulting in the near total collapse of nation’s refineries necessitating the reliance on importation of refined petroleum products
  2. Corruption surrounding the fuel subsidy regime 
  3. The total lack of accountability by the public institutions operating in the oil sector coupled with the opaqueness surrounding the operations of the sector

 

f)        Corruption in the power sector which has led to

  1. The fostering of darkness on the nation and the inability to generate adequate power to meet the nation’s developmental needs.

 

g)       Systemic Institutional failure including but not limited to

  1. Failure of public institutions including the Judiciary, Legislature and relevant agencies of government to play their constitutionally assigned roles of oversight,  sanctions, and administrative controls in other to nip corruption in the bud as well as punishing corruption if and when it occurs
  2. Failure to implement report of anti corruption probe panels and increasing tendency for members of the panels getting enmeshed in corruption
  3. Failure of most public institutions to perform their duties resulting in the current state of Insecurity of lives and properties plaguing the country

 

h)       The culture of impunity at every level of society which has made corruption endemic and made non-sense of the rule of law and respect for due process in virtually every aspect of Nigeria’s national life. The culture of impunity is manifested in

  1. Public officials prioritizing their selfish interest at the expense of the critical needs of the society including but not limited to awarding to themselves exorbitant and sickening salary packages and allowances even in the face of the mass poverty ravaging the land.
  2. The elites capturing and cornering virtually every scheme meant to make life bearable for the common man. Examples include the looting of the petrol subsidy scheme by the children, relatives and family members of practically everyone who is who in Nigeria, the poverty alleviation schemes of governments at all levels among numerous others.

On the draft strategy document, the consultations made the following observations-

 

      The strategies contained in the National Anti Corruption Strategy, and upon which the fight against corruption is expected to be based after its adoption, is not inclusive enough and therefore seeks only to strengthen what the draft policy seeks to do, which is to give more power and resources to the institutions with anti-corruption mandates in the fight against corruption.

 

      The fight against corruption  have been ineffectual in checking corruption not just for the lack of a national strategy before now, but also due to lack of political will to implement effective strategies despite Nigeria’s obligations under national, regional and international anti corruption legislation, including the UN Convention Against Corruption (UNCAC), the African Union Convention on Preventing and Combating Corruption and the ECOWAS Protocol on the Fight Against Corruption to which it voluntarily committed itself by signing onto.

 

      There is a patent lack of capacity by anti corruption agencies to effectively investigate and prosecute corruption; in particular very few among the legion of corrupt public officials in Nigeria have been brought to account despite very well known cases of corruption scandals involving high profile public officers;

 

      Our criminal justice system appears to be skewed in favour of the rich and privileged. While it has clearly proved ineffectual in convicting high profile corruption suspects, many ordinary Nigerians most of whom have been pushed into crime by poverty and unemployment are daily sent to prison on account of simple offenses such as stealing. This puts a question mark on the notion of the judiciary being the last hope of the common man.

 

      The consultations expressed utter consternation over the particularly embarrassing cases of bungled prosecution of corruption cases leading to the setting free of suspects only for the same suspects to be found guilty of corruption by foreign courts based on the same charges for which they were set free in Nigeria.

Participants at the consultations after deliberating on the draft strategy proceeded to propose as follows:

      That there is the need for a shift in the power equation in the country in favour of the citizenry as a panacea for holding elected representatives and public officials at all levels of governance accountable to the people. And that the current power equation that leaves the citizens almost powerless in demanding accountability from elected representatives and public officials does not bode well for the efforts at stamping out corruption in Nigeria.

 

      That in order to give effect to the above, a movement of the people cutting across the country representing various shades of interest  akin to the January 2012 mass movement against the fuel subsidy fraud with the capacity to demand accountability from elected representatives and public officials will have to be built

 

      That corruption prevention is of utmost importance and every investment possible for prevention to work be made, especially measures to make corruption prevention people driven and such that put the people in a position of power and make them the locus of control of public officials

 

      That there is need for civil society groups to build networks and act in concert to reinforce the work they are doing as individuals and different organisations with a view to ultimately building a movement for change in Nigeria

 

      That there is need to mainstream anti-corruption principles in operations of government agencies and ensure that these agencies imbibe anti corruption principles and practices and that these principles and practices are reflected in their  everyday service delivery;

 

      That there is the need to strengthen accountability and integrity in the state and local government tiers of government, particularly as it concerns the budget process;

 

      That there is need to strengthen the capacity of anti corruption agencies and encourage synergy among them to perform effectively and bring benefits to the society in terms of prosecution and securing of convictions against corrupt public officials.

 

      That efforts will have to be made to proactively encourage Businesses in Nigeria to be engaged in efforts at combating corruption through incentive schemes that makes it profitable and beneficial to be ethical in their conducts and to support efforts at combating corruption while sanctioning businesses that fail to conform

 

      That there is need for civil society groups, the private sector and the citizens to work in concert and harmony and on common strategies to push government to commit to genuine anti corruption fight to achieve a corruption free society.

 

      That Public Office holders should as a matter of law and morality, publicly declare their assets before and after public service. In this regard, the consultations called on President Goodluck Jonathan to lead by example by making his asset declaration public not only in accordance with the law but as a matter of public morality.

 

      That there is need for openness in government processes, governments at all levels must make the budget process open and inclusive and make the budget public for public scrutiny, including the award of contracts which must be guided by due public procurement procedures

 

      That although it does not invest so much hope in the ongoing Constitutional Review by the National Assembly, going by experience with similar exercises in the past, the consultations nonetheless call on the National Assembly to demonstrate genuine commitment to bolstering the fight against corruption by removing the immunity clause in the Constitution which shields the  President, Vice President, Governors and Deputy Governors from prosecution from crime and corruption, as it provides a cover for these categories of public office holders to continue to revel in corruption with recklessness and impunity.

 

      That there is need to reform the local government system and guarantee its independence and curb interference by State Governors

 

      That Civil Society needs to the lead in public engagement and public sensitisation by providing information that will enable the people understand how corruption affects their lives and mobilise them to play their role in fighting corruption.

 

In concrete terms, the consultations proposed that the National Draft Strategy framework should be reworked as follows to allow the private sector, civil society organisations and the government take responsibilities for and ownership of those areas of the strategy they are best suited to deliver on and add value to the realization of the objectives of the strategy.

While the government takes overall lead in the actualization of the strategy, that it focuses on the necessary institutional and legal reforms to strengthen the anti-corruption agencies to deliver on their  core mandates, while supporting the private sector with aligned incentives for it to take the lead in Business need to taking deliberate action through effective Public-Private Dialogue to fix gaps on such issues as Private/Public Interface, Contracting & Procurement Licensing & Permits, Taxation, Duties, Waivers, Government Systems etc. that the civil society groups be supported and empowered to take the lead in mobilizing the people for the monitoring governance, service delivery and the sub-national levels of governance.

                                                                                                      

 

 

 

In order to make the strategy people driven, the consultations called for the identification of the need to combat corruption as a national issue and priority around which the Nigerian people should be rallied as a basis for building a movement to bring about a shift in the power equation in the country in favour of the citizenry as a means for holding elected representatives and public officials at all levels of governance accountable. This the consultations noted is the key for ensuring the popular ownership and success of the strategy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annexure

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Communiqué issued at South West Zonal Consultation on Promoting a Broader Civil Society Buy-in of the Draft National Anti-Corruption Strategy on 25th July 2012 at the Rofel Hotels New Bodija, Ibadan Oyo State.

The Zero Corruption Coalition (ZCC) on the 25th July 2012 organised a one day South West Zonal Consultation on Promoting a Broader Civil Society Buy-in of the Draft National Anti-Corruption Strategy. The zonal consultation attracted participants from civil society organisations, faith-based organisations, the academia, youth lead organisation, National Council of Women Society and media representatives, The zonal consultation featured lead presentation on “The draft National Strategy to Combat Corruption in Nigeria and a call to action to help participants locate a place for themselves in the implementation of the draft strategybyMr. Soji Apampa, of Integrity Organisation Abuja.

The consultation had as its objectives to facilitate the buy-in of the broader Nigerian civil society of the draft national anti-corruption strategy. While the specific objectives of this initiative include; to aggregate the position of Nigerian civil society and develop a pan-Nigerian civil society memoranda as a basis for engaging the draft national anti-corruption strategy and to ensure the final draft national anti-corruption strategy enjoys the buy-in of  Nigerian civil society.

The consultation after extensive deliberations on the lead presentations observed as follows:

  1. Corruption in the local government administration.
  2. Corruption in the electoral process.
  3. Corruption in public procurement.
  4. Contract award procedure.
  5. Corruption in power sector.
  6. Corruption in petroleum refineries system.
  7. Gross non-performance of most chairmen in the local government across Nigeria.
  8. major looting avenue for the local government officials.
  9. Lack of internal democracy among the political parties.
  10. Joint allocation of account syndrome.
  11. Institutional failure.
  12. Electoral violence through thuggery and ballot snatching.
  13. Vote buying induced by mass poverty and illiteracy.
  14. Exorbitant salary package for the political office holders.
  15. Lack of sustainable development which is a threat to the attainment of MDGs.
  16. Insecurity of people and properties.

In order to reinvigorate the anti-corruption crusade and salvage the nation from the cesspool of corruption in which the country currently finds itself, as well as addressing the concomitant effect of grand corruption in the country, the consultation recommended as follows-

  1. The government should make corruption unnecessary by the design and implementation of people oriented programmes and policies that ensure the welfare of citizens and provide social safety nets for all Nigerians.
  2. Civil Society groups and non state actors must re-commit to a pragmatic and proactive strategy for fighting corruption by providing the necessary information to the people so as to sufficiently mobilize them to own the fight against corruption.
  3. Civil society and non state actors should advocate and work for an overhaul and re-positioning of existing anti-corruption institutions to strengthen them by making them more independent, free of political influence and accountable to the people.
  4. Mass education for the populace on the government policies.
  5. To engender cohesion and synergy with CSOs for good working relationship with MDAs.
  6. Power of recall on the elected leaders by the electorate.
  7. Mobilisation of the public on mass action against corrupt and sharp practices in public procurement.
  8. Popularization and proper monitoring of the public procurement as enshrined in the Public procurement Act 2007.
  9. Budget tracking and monitoring to ensure compliance with appropriation.
  10. Training and retraining of the stakeholders to demand accountability and identify corruption strategies.
  11. Engagement of communities on their roles on accountability and transparency with their leaders.
  12. Dissemination of government policies and actions using social media for further engagement among the youths especially.  
  13. To create public awareness on Public Procurement Act and Freedom of Information Act.

   Conclusion

Participants concluded that there is a need for the country to be consistent and persistent in the fight against corruption. The impact of corruption and the damage it has done to our developmental processes and the pervasive poverty and deprivation it has precipitated, the zonal consultation noted is such that no stone should be left unturned to ensure that it is reduced to its minimum, if not totally eradicated. Towards this end, the meeting ended with a commitment to engage the ZCC at state, zone and national secretariat. The south west consultation also proposed and agreed on the need to build synergy with other civil society initiatives aimed at fighting waste, corruption and its attendant underdevelopment, poverty and squalor this has foisted on the vast majority of the Nigerian people so as to ensure a virile and strong civil society voice.

Signed:

  1. Babtunde Oluajo- ZCC National Secretary
  2. Emmanuella Azu- South West Zonal Coordinator
  3. Comrade Mark Adesina Adebayo- South West Zonal Secretary

 

 

 

Communiqué issued at South- East Zonal Consultation on the Draft National Anti-Corruption Strategy held at Dreamland Hotel and Casino, Area A Plot C12 Whiteman Street Junction,

World Bank Housing Estate, Owerri, Imo State.on August 6, 2012.

 

The Zero Corruption Coalition (ZCC) with the support of the United Nations Development programme (UNDP) organised a Zonal Consultative meeting in Owerri, Imo State on the Draft National Strategy to Combat Corruption in Nigeria for the Southeast Zone on Monday, August 6, 2012 as part of its ongoing zonal consultations on the draft National Strategy to Combat Corruption.

The consultative meeting which was convened to provide a forum for civil society groups in the Southeast Nigeria to consider and debate the Draft National Strategy to Combat Corruption document with a view to determining the extent to which it reflects the views of Nigerians, how adequate and its potentials for combating and uprooting corruption in Nigeria, and making input- not just to the anti corruption strategy, but on how to comprehensively and effectively tackle corruption in Nigeria.

The consultation attracted participants from Civil Society Organisations working on various thematic issues including Community Based Organisations (CBOs), Faith Based organisations (FBOs), Non-Governmental Organisations (NGOs), Women’s Groups, the Media, the Academia, Youth Groups, Representatives of Farmers Group

Participants after plenary sessions and group discussions observed that:

      12 years into civil rule, corruption and corrupt practices persist in Nigeria, and the country remains at crossroads in the fight against corruption, amidst myriad other social, economic and political challenges which impact adversely on governance.  The following forms of corruption the consultation noted remain prevalent in NIGERIA:

i)        Embezzlement of public funds

ii)      Lack of transparency and citizen engagement in local government budget process and implementation

iii)    State governments’ interference in the affairs of democratically elected local governments; non release/mismanagement or outright embezzlement of local government allocations by State Governors;

iv)    Bribery

v)      Lack of due process in contract awards

vi)    Corruption in the oil sector

vii)  Failure to implement the recommendations of anti corruption probe panels in addition to probe panel members getting enmeshed in corruption

 

Participants further observed that:

      The strategies contained in the National Anti Corruption Strategy, and upon which the fight against corruption is expected to be based after its adoption, was not inclusive enough and therefore welcome the opportunity provided for the document to benefit from popular input;

 

      The fight against corruption  have been ineffectual in checking corruption not just for the lack of a national strategy before now, but also due to lack of political will to implement effective strategies despite Nigeria’s obligations under national, regional and international anti corruption legislation, including the UN Convention Against Corruption (UNCAC), the African Union Convention on Preventing and Combating Corruption and the ECOWAS Protocol on the Fight Against Corruption to which it voluntarily committed itself by signing onto.

 

      There is a patent lack of capacity by anti corruption agencies to effectively investigate and prosecute corruption; in particular very few among the legion of corrupt public officials in Nigeria have been brought to account despite very well known cases of corruption scandals involving high profile public officers;

 

      Our criminal justice system appears to be skewed in favour of the rich and privileged. While it has clearly proved ineffectual in convicting high profile corruption suspects, many ordinary Nigerians most of whom having been pushed into crime by poverty and unemployment are daily sent to prison on account of simple offenses such as stealing. This puts a question mark on the notion of the judiciary being the last hope of the common man.

 

      Participants expressed utter consternation over the particularly embarrassing cases of bungled prosecution of corruption cases leading to the setting free of suspects only for the same suspects to be found guilty of corruption by foreign courts. Cases in point being that of James Ibori, former Governor of Delta state and Erastus Akingbola, former CEO of the defunct Intercontinental Bank who were respectively convicted by the British Judicial system based on the same charges for which they were set free in Nigeria.

 

With Particular reference to the Southeast of Nigeria, participants observed that-

      While the entire south east states, has received federal funds in the excess of 18 trillion Naira and over 3trillion in internally generated revenue since the return of democracy in 1999, the state of economy of the southeast and infrastructure does not show that these resources have been utilised for the benefits and wellbeing of the people of the region.

      Budgets of Southeast states are still confidential document. Where they are available, only unhelpful summaries are accessible and given out. Even senior government officials it was noted don’t know what state or ministries budget looks like and that making budget information unavailable is one of the reasons why corruption strives in the southeast zone.

      It is difficult, if at all it actually exists, for anyone to have access to annual state auditor general’s report or annual report of state government on budget implementation in virtually all the states of the southeast.

      It is an impossible task to get the list of government projects for each year including the cost of those projects in the states of the southeast. Generally, participants noted that the process of awarding contracts in the southeast states are shrouded in secrecy

      At the third tier of government which is the local government in the southeast states,  nobody, including LGA workers,  knows whether the local governments have budgets or not

      The dislocation of community and civil society organs are aimed at incapacitating them from holding government to account as well as the high level of insecurity in the zone and its attendant state of fear and the incapacitation of citizens voice is suspected to be orchestrated by people at the highest level of political authority in order to stifle societal demand for accountability in the use of public resources.

      The state assemblies in southeast have not only demonstrated the inability and weakness in performing needed oversight that can check corruption and have generally demonstrated itself as willing partners with the executive in perpetuating the  lack of accountability in the management of public affairs.

      State assemblies have generally failed to empower citizens of the southeast with the requisite laws that can further empower the citizens to fight corruption and promote good governance

Participants consequently resolved as follows:

      That there is the need for a shift in the power equation in the country in favour of the citizenry as a panacea for holding elected representatives and public officials at all levels of governance accountable to the people. And that the current power equation that leaves the citizens almost powerless in demanding accountability from elected representatives and public officials does not bode well for the fight at stamping out corruption in Nigeria.

 

      That in order to give effect to the above, a movement of the people cutting across the country representing various shades of interest  akin to the mass movement against the fuel subsidy fraud with the capacity to demand accountability from elected representatives and public officials will have to be built

 

      That there is need to mainstream anti-corruption and governance principles in government agencies and ensure that these agencies imbibe the principles of anti corruption and that these principles reflect in their  everyday service delivery;

 

      That there is the need to strengthen accountability and integrity in the state and local government tiers of government, particularly as it concerns the budget process;

      That there is need to strengthen the capacity of anti corruption agencies and encourage synergy among them to perform effectively and bring benefits to the society.

 

      That efforts will have to be made to proactively encourage Businesses in Nigeria to be engaged in efforts at combating corruption through incentive schemes that makes it profitable and beneficial to be ethical in their conducts and to support efforts at combating corruption while sanctioning businesses that fail to conform

 

      That there is need for civil society groups and individuals to work in concert and harmony and on common strategies to push government to commit to genuine anti corruption fight to achieve a corruption free society.

 

      That the Federal government should strengthen the anti-corruption framework by incorporating into its Strategy, the recommendations by civil society and other stakeholders in order to fortify the fight against corruption.

 

      That Public Office holders should as a matter of law and morality, publicly declare their assets before and after public service. In this regard, we call on President Goodluck Jonathan to lead by example by making his asset declaration public not only in accordance with the law but as a matter of public morality.

 

      That there is need for openness in government processes, governments at all levels must make the budget process open and inclusive and make the budget public for public scrutiny.

 

      Award of contracts must be guided by due public procurement procedures

 

      That although it does not invest so much hope in the ongoing Constitutional Review by the National Assembly, going by experience with similar exercises in the past, participants nonetheless call on the National Assembly to demonstrate genuine commitment to bolstering the fight against corruption by removing the immunity clause in the Constitution which shields the  President, Vice President, Governors and Deputy Governors from prosecution from crime and corruption, as it provides a cover for these categories of public office holders to continue to revel in corruption with recklessness and impunity.

 

      That there is need to reform the local government system and guarantee their independence and non interference by State Governors

 

      Called  on the NASS to pass, without delay, the Petroleum Industries Bill to ensure effective regulation and check on Petroleum Industry operators and actors

 

      That Civil Society needs to engage in public sensitisation, providing information that will enable the people understand how corruption affects their lives and the role they can play in fighting it;

 

      That there is need for civil society to build networks and act in concert to reinforce the work they are doing as individuals and different organisations with a view to ultimately building a movement for change

 

      Civil society organisations must show example and practice what they preach by improving their transparency and accountability profiles in the running of their organisational affairs

 

The consultation ended with a pledge by participants to recommit themselves to the campaign for a corruption free Nigeria anchored on an empowered and informed citizenry with the capacity to demand accountability from elected representatives and public officials.

 

 

Signed

 

 

Babatunde Oluajo                                                                    Emeka Ononamadu

National Secretary,                                                                   South East Coordiantor

Zero Corruption Coalition                                                        Zero Corruption Coalition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Communiqué Issued At South-South Zonal

Consultation on the Draft National Anti-Corruption Strategy, Held in Marian Hotels Limited, 125, Old Ikang Road, Marian Road Extension,

Calabar, Cross-River State, On August 17, 2012.

 

Zero Corruption Coalition (ZCC) with the support of the UNDP organised a Zonal Consultation on the Draft National Anti Corruption Strategy for the South-South Zone in Calabar, Cross-River State on August 17, 2012. The consultation was aimed to promote a broader Civil Society buy-in of the draft National Anti Corruption Strategy. The consultative meeting was convened to provide a forum for civil society groups in the South-south Zone to consider and debate the federal government’s Draft National Anti Corruption Strategy document with a view to determining the extent to which it reflects the views of Nigerians, how adequate and effective it is in combating and uprooting corruption in Nigeria, and making input- not just to the anti corruption strategy, but on how to comprehensively and effectively tackle corruption in Nigeria.

 

Participants were drawn from various CSOs such as; Faith Based Organisation, Community Based Organisations, Youth and Women focused NGO, Professional bodies etc. There were presentations, group work and general discussion of issues raised.

 

Issues Identified

Participants identified a number of key issues reflecting the various dimensions and manifestations of corruption in the zone and the country as a whole. These include:

  1. Lack of inclusiveness in the Budget Process in most States of the South-South; poor or lack of full implementation of budgets which hamper social and infrastructural development including the provision of health, education and housing;
  2. Corruption in procurement, tenders and biddings process;
  3. Bribe taking and corruption by security agencies in order to pervert justice, with particular reference to the case of David Ugolo who was arrested and has remained in police detention without trial for close to one month in connection with the murder of Olaitan Oyerinde, the Private Secretary to the Governor of Edo State, Adams Oshiomole;
  4. Mismanagement of excess crude oil funds by the federal and state governments which denies the communities the benefits which these allocations are meant to provide for them; funds are not used for projects that benefit the communities;
  5. The continuing role of security agencies in Oil Theft in the Niger Delta;
  6. Poor Infrastructural Development, with particular focus on the appalling state of our roads, which leads to loss of lives and property and economic waste.
  7. Subversion of the democratic system of local governments and interference by state governors in the administration of the local governments and the management of resources meant for community development.

Observations

Participants observed that:

  1. Civil Society is given a very peripheral role in the draft Anti Corruption Strategy;
  2. There is increasing level of poverty and underdevelopment arising directly from corruption by public officials at all levels;
  3. Lack of full implementation of State and Local Government Budgets and mismanagement of local government funds by State Governors impact most negatively on rural/grassroots dwellers
  4. The collaboration between Oil thieves and security agents constitute a threat to the security of lives and property of members of the communities, contributes to environmental pollution and degradation and undue communal tension and outbreaks of violence. It also leads to loss of revenue by the state.
  5. The lack of synergy among security agencies prevent intelligence sharing, and hamper effectiveness in investigation and prosecution and corrode public trust and confidence.
  6. That there is general apathy and lack of awareness of budget and governance processes

 

Resolutions

Participants resolved that:

  1. There is need to put Civil Society Organisations at the centre of the entire anti corruption framework since they are critical in monitoring corruption and corrupt officials;
  2. It is more cost effective to prevent corruption and would therefore, join hands to build a social movement to undertake necessary actions to tackle corruption.
  3. -There is need for vigorous and sustained community sensitisation, policy advocacy and monitoring of budgets and governance in general;
  4. There is need for full autonomy for Local Governments;
  5. There is need for CSOs to enhance the capacities of their members for monitoring and advocacy.
  6. CSOs should partner with each other in order to strengthen each other, as well as partner with relevant government agencies to deepen the fight against corruption.
  7. Businesses should demonstrate appropriate corporate social responsibility to their communities by contributing to the development of their communities.
  8. Governments at all levels should demonstrate political will, enact due process and enforce anti graft laws; government should also generate proper policy and accountability frameworks around the issues to enhance monitoring and evaluation. Government must bring to account all those so far indicted for corruption by various probe panels.

 

Finally, participants called on the Inspector General of Police to respect the order of a Benin High Court and release without further delay David Ugolor. The continued detention of David Ugolor will not only amount to lawlessness by an agency set up and regulated the law and charged to enforce the law, but will be a further flagrant and unjustifiable violation of his fundamental human rights.

Participants underscored the need for Human rights education for security personnel, the strengthening of oversight agencies and the need to take issues of discipline and accountability very seriously.

 

Signed

Babatunde Oluajo                                              Comrade Edem Edem

ZCC National Secretary                                    ZCC South-South Zonal Coordinator

 

 

 

 

 

Communiqué issued at the North Central Zonal Consultation on the Draft National Strategy to Combat Corruption in Nigeria Held on 4th December, 2012 at Brighter Suites, Minna Niger State.

 

Preambles

 

In furtherance of the effort to elicit the inputs of the widest possible broad spectrum of the Nigerian people and a ensure the ownership of the Nigerian people of the draft National Strategy to Combat Corruption, the Zero Corruption Coalition (ZCC) organised a consultation with civil society organisations from the North Central Zone on the 4th December, 2012 at the Brighter Suites, Minna, Niger State.

The consultation attracted civil society organisations covering various thematic areas including youth and women organisations, election monitoring and observation groups, media and media support organisations among others under the guidance of Mr. Soji Apampa who served as a lead resource person.

After exhaustive deliberations, participants agreed as follows:

Having observed that:

  • Corruption is the biggest impediment to development in Nigeria.
  • That ignorance, tribalism and primordial social issues have complicated the war against corruption in Nigeria.
  • Participants bemoaned the weak legal framework and often overlapping mandates of the anti-corruption agencies and expressed optimism that the draft strategy will contribute to bring this to an end.

 

Observation:

Participants therefore:

  • Welcomed the need for a comprehensive national strategy to ensure coordination and synergy in the war against corruption in Nigeria.

 

However participants made the following suggestions/proposals:

 

  • That efforts need to be scaled up to ensure that those indicted in corrupt offenses are adequately punished to eradicate the prevailing culture of impunity.
  •  Unanimously called for the establishment of the Council for Public Procurement in accordance with the law.
  • That companies that have been indicted for corruption should be blacklisted from getting future government contracts.
  • That the unique role of civil society as observers of the public procurement process must be applauded and called for their increased involvement beyond mere observers all through the procurement exercise and even to monitor implementation.
  • Proposed a renewed emphasis on the need to rid the local government system of corruption recommended direct funding of the local governments and called for the abolishment of state and local government joint accounts.
  • Suggested that an increased focus on due process in public procurement and suggested the establishment of civil society watchdogs at all levels of government
  • Enjoined the federal government to demonstrate greater political will in the fight against corruption by hastening the prosecution and punishment of indicted offenders.
  • Recommended tighter financial management systems and transparent participatory procurement processes in all government related activities
  • Called for deeper debate on corruption issues in the public arena devoid of primordial obscurantism
  •  Invited  private sector organisations to partner with civil society and government in the war against corruption to ensure a positive business climate for sustainable development  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NATIONAL STRATEGY TO

COMBAT CORRUPTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For enquiries please contact the secretariat of the Inter –Agency Task Team

Technical Unit on Governance and Anti-Corruption Reforms (TUGAR)

NEITI Secretariat, No. 1 Zambezi Street, Maitama Abuja . Tel: 08033115060,

08081683104

 

 

TABLE OF CONTENTS

 

 

List of Acronymns ...............................................................................................................              3

 

Executive Summary ...........................................................................................................                 4

 

1.0 The Background & Rationale ..................................................................................                          6

 

2.0 The Process....................................................................................................................             7

2.1 Assessing the Compliance with the United Nations Convention against

Corruption........................................................................................................................         7

2.2 Developing the Framework for a National Strategy to Combat Corruption....            8

 

3.0 The Strategy...................................................................................................................               9

3.1 Policy Objectives .......................................................                                         10

3.1.1 Alignment of Incentives...................................................................................................                  10

3.1.1.1 Public Recognition............................................................................................................  10

3.1.1.2 Public Vigilance...................................................................................................................11

3.2 Technical Objectives..........................................................................................................                     11

3.3 Institutional  Objectives ....................................................................................................                                             12

3.3.1 Phase 1: Strengthening  the legal and institutional framework designed to prevent and combat corruption ..................................................................................                                   12

3.3.2 Phase 2: Mainstreaming  Anti-Corruption  Principles into Governance &

Service Delivery .......................................................................................................................            13

3.3.3 Phase 3: Mainstreaming  Anti-Corruption  Principles into sub-national public administration,  the private sector and society at large........................................................                                                            13

 

4.0 Phase 1: Strengthening the legal and institutional framework designed to prevent and combat corruption ...................................................                                                 14

4.1.     Technical Objective I: Enforcement  & Sanctions................................ 14

4.2 Technical Objective II: Prevention ................................................................16

 

5.0 Technical Objective III: Public Engagement....................................................        17

 

6.0.    Implementation, Monitoring and Evaluation.................................                   18

 

PLAN OF ACTION  FOR THE IMPLEMENTATION OF  PHASE 1 OF THE NATIONAL STRATEGY TO COMBAT CORRUPTION .....................................                                               19

 

 

 

List of Acronyms

 

ACAs                    Anti-Corruption  Agencies

ACTUs                 Anti-Corruption  & Transparency  Units

BPP                      Bureau of Public Procurement BPSR                    Bureau of Public Service Reforms CCB                      Code of Conduct Bureau

CJN                       Chief Justice of Nigeria

EFCC                    Economic & Financial Crimes Commission

FIRS                     Federal Inland Revenue Service

FOI                       Freedom of Information

GCON                   Grand Commander of the Order of the Niger

IATT                     Inter-Agency Task Team

ICPC                     Independent Corrupt Practices & Other Related Offences Commission

MDAs                   Ministries, Departments & Agencies

MDGs                   Millennium Development Goals

MoJ                       Ministry of Justice

NAPTIP               National Agency for Prevention of Trafficking in Persons

NASS                    National Assembly

NBA                      Nigerian Bar Association

NDLEA                National Drug Law Enforcement Agency

NEITI                   Nigeria Extractive Industries Transparency  Initiative

NFIU                    Nigeria Financial Intelligence Unit

NJC                       National Judicial Commission

NJI                        National Judicial Institute

NSCC                    National Strategy to Combat Corruption

NOA                     National Orientation Agency

PCC                       Public Complaints Commission

TRI                       Training & Research Institute (of the EFCC)

TUGAR                Technical Unit on Governance & Anti-Corruption  Reforms

UNCAC                United Nations Convention Against Corruption

UNODC                United Nations Office on Drugs & Crime

WG                       Working Group

 

 

Executive Summary

While a myriad of structures, institutions, laws and initiatives to promote public accountability  and  fight  corruption  have  been  introduced  since  the  return  to civilian rule in 1999, the investments made by subsequent Governments into the fight  against  corruption  are  yet  to    deliver  on    the  objective  of  effectively preventing  and  combating  corruption  in the  management  of  public  resources and public affairs.

 

A key challenge affecting the fight against corruption in Nigeria is the location of anti-corruption functions within multiple and operationally diverse institutions, which despite their closely related and even overlapping mandates have limited interface and cooperation and seldom coordinate policies and operations.

 

Nigeria   therefore, despite all efforts, continues to fall short of the standards and requirements of an effective anti-corruption regime as embodied in regional and global anti-corruption  conventions, in particular the United Nations Convention against Corruption (UNCAC), which Nigeria ratified in 2004.

 

Upon  the  mandate  given  by  the  Attorney  General  and  Minister  of Justice,  the Inter-Agency  Task  Team  on Anti-Corruption,  a body  composed  of 21 governmental  agencies    directly  or indirectly  tasked  with  the  prevention  and fight against corruption, has therefore, developed this National Strategy to Combat Corruption.

 

The process for the development of the strategy started in mid 2009 and consultations and validations involving a large range of technical experts, policy makers  and  stakeholders  at  large  in  the  three  branches  of  Government,  the private sector and the public lasted until the end of 2010.

 

With the clear objective of changing the logic of corruption and anti-corruption in Nigeria, the National Strategy adopts a three pronged approach basing action on the  solid  foundation  of prevention;  enforcement  and  sanctions;  and  public engagement.  It proposes interventions  at the policy, technical  and institutional levels and aligns the objectives in the fight against corruption with major government  policies, in particular vision 20: 2020 and the Millennium Development Goals, and hereby promises to remove major blockages preventing Nigeria from  achieving  its development objectives.

 

The  strategy  (2011-2020)  promotes  a  three  phased  approach  with  an  initial focus on (1) strengthening  the capacities  of the dedicated  anti-corruption  and public accountability  bodies, followed  by (2) mainstreaming  of anti-corruption and governance principles into the work of the MDAs and finally by (3) strengthening  accountability,  integrity  and transparency  at the State and local government levels, the private sector and the society at large.

 

The implementation of the strategy is to be in three overlapping phases with some of the interventions at the three phases running concurrently.

 

Details of typical activities to be implemented in Phase I have been included in the annex to this document while the action plan for implementing Phases 11 and 111will be developed based on Corruption Risk Assessments [CRAS] to be conducted at the relevant MDAS and at the sub-national level.

 

A strong monitoring and evaluation system will be put into place with a view to ensuring  that individual  MDAs prioritize  and fulfill their obligations  under the strategy and that the public, the private sector and the international community are informed of and involved in the assessment of progress.

 

The strategy   galvanizes   and reaffirms   the unwavering   commitment   of  the Federal Government of Nigeria in the fight against corruption by creating a single VISION and a shared sense of purpose  by those tasked to prevent and combat corruption on behalf of all Nigerians.

 

 

 

1.0 The Background & Rationale

Corruption in Nigeria is an endemic, pervasive and systemic problem, which over time  has  been  perceived  as  capable  of  threatening  the  very  existence  of  the nation.  Combating corruption is about rebuilding Nigeria’s Sovereign National Wealth. Her Natural Capital made up in particular of non-renewable energy resources and minerals have been severely depleted and sold off, with most of the proceeds either looted or wasted through mismanagement and ineffective use.  The  overdependence   on  Natural  Capital  has  led  to  the  neglect  of  her Produced Capital consisting of Infrastructure and Value-Added Goods. Where resources were allocated towards the development of Produced Capital, the country has instead produced White Elephant projects – a lot of spending with poor results to show for it. The last component of Sovereign National Wealth is made up of public goods such as facilities, agencies, institutions, the rule of law, livable cities, voice and accountability, access to quality education, healthcare, free and fair elections etc. Where Nigeria is better off than many other countries on the level of Natural Wealth endowments, she lags behind on Produced and Intangible Wealth so much so that countries like Ghana and Rwanda are catching up and also threatening to leave Nigeria behind. Many studies have shown that the primary reason for Nigeria’s lack of progress since 1960 has been the failure to combat corruption effectively.  It is the primary objective of this strategy to enhance the effectiveness of the nation’s resources by reducing the vulnerability of the   Nigerian   public   institutions,   private   sector   and   society   at   large   to corruption.

 

The need to combat corruption and improve governance has been acknowledged by successive governments and the people of Nigeria. As a result, since independence,  there  have  been  a  vast  number  of institutions,  laws  and  other initiatives   to  combat   diverse  manifestations   of  corruption.   Even successive military administrations, which are generally credited with instituting and institutionalizing the cultures of impunity, had one anti-corruption initiative or the other. The Federal Government under President Obasanjo, however, took the fight against corruption to the front burner of National Policies.

 

As a result, Nigeria has an impressive array of structures, institutions and laws aimed  at combating  corruption.  In addition  to the provisions  contained  in the Criminal  Code  and the  traditional  law  enforcement  agencies,  in particular  the Police,  there  is the Independent  Corrupt  Practices  and other  Related  Offences Commission  (ICPC)  which  is  a  dedicated  anti-corruption  agency  with  broad powers to investigate, prosecute, sanction and educate on issues relating to corruption.1  There is the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal, which administers and enforces the Code of Conduct for public officers. This  Code  incorporates  issues  such  as  declaration  of  assets  and  conflict  of interest rules.2  The Economic and Financial Crimes Commission (EFCC) has the mandate to combat financial and other crimes such as Advance Fee Fraud and

 

 

1 See Corrupt Offences and other Related Offences Act 2000

2 Code of Conduct Bureau and Tribunal Act cap 56 -Laws of the Federation

 

Credit Card Fraud.  The  Commission  also  has  the  statutory  responsibility  to enforce the Money Laundering  Act and is the designated  Financial  Intelligence Unit of the country.3  The Constitution and laws of the Federal Republic of Nigeria also  create  several  other  structures  and  bodies  mandated  to  combat  various types of corruption, including the Auditor General’s Office, the Public Complaints Commission [PCC], the Nigerian Extractive Industries Transparency Initiative, [NEITI]  and  the  Bureau  of  Public  Procurement  [BPP].  There are also laws to regulate issues such as political party financing, auditing of public accounts, fiscal responsibility, etc.

 

Despite the existence of these laws and institutions, Nigeria still falls short of the standards and requirements of an effective anti-corruption regime as embodied in the international anti-corruption conventions.

 

One of the critical gaps and peculiarity in the national anti-corruption agenda is the location of the accountability  and anti-corruption  functions within multiple and  operationally  diverse  institutions,  which  despite  their  closely  related  and even overlapping mandates have hardly coordinated their policies, strategies or operations. This limited synergy results in the overall ineffective, inefficient and occasionally even counterproductive use of the institutional, legal, human and financial   resources   dedicated   by   the   Nigerian   Government   and   people   to preventing and combating corruption.

 

 

 

 

2.0 The Process

 

 

2.1 Assessing the Compliance with the United Nations Convention against Corruption

 

In 2009, Nigeria volunteered as one of the fifteen countries to test run the Self Assessment Checklist on the United Nations Convention against Corruption (UNCAC) developed by the United Nations Office on Drugs and Crime (UNODC) under  the  direction  of  the  Conference  of States  Parties  to the  United  Nations Convention   against   Corruption.   For   that   purpose,   a   Working   Group   was convened  on  the  platform  of  the  Inter-Agency  Task  Team  (IATT)  with  the Technical Unit on Governance and Anti-Corruption Reform (TUGAR) as its Secretariat.  In the process  of responding  to this checklist,  the Working  Group, which  started  off  with  nine  members  rapidly  increased  to  the  twenty  one members, which now constitute the expanded IATT..4 The expansion became necessary  due to the fact that some critical  mandates and activities  needed  to cover  the  broad  spectrum  of  the  UNCAC  requirement  are  domiciled  in  these

 

 

3 Economic and Financial Crimes [Establishment]  Act 2004 and the Money Laundering [Prohibition] Act 2004

4 Ministries of Finance, Foreign Affairs and Justice, as well as, the Office of the Auditor General for the Federation, Bureau of

Public Procurement, Bureau for Public Service Reforms, Central Bank of Nigeria, Code of Conduct Bureau, Corporate Affairs Commission, Economic and Financial Crimes Commission, Federal Inland Revenue Service, Independent Corrupt Practices and Other Related Offences Commission, National Agency for the Prohibition of Traffic in Persons, Nigerian Extractive Industries Transparency Initiative, Nigerian Financial Intelligence Unit, Nigeria Police Force, Public Complaints Commission,

 

newly co-opted agencies that were previously not considered as anti-corruption agencies.

 

With these issues in focus, the IATT with the support of the European Union and the UNODC, held an inter-agency retreat in Kaduna from 25-27 May 2009 under the Chairmanship of Hon. Justice Mohammed Lawal Uwais, GCON, (CJN Rtd.). The IATT at the retreat, deliberated on issues ranging from amplification of the legal framework  to combat  corruption,  the need for strengthening  the capacity  and effectiveness  of existing anti-corruption  bodies, inter-agency cooperation, including improved information sharing, joint investigation and prosecution,   to Nigeria’s Treaty Obligations, and concluded that significant progress in any of the above areas would be greatly enhanced  through  the development  of a holistic National Strategy to combat corruption. An articulation of the key issues led to the adoption of a Statement of Commitment by the heads of IATT agencies which, among others, resolved to set up an inter-agency working group (WG) to develop a National Strategy to combat corruption. 5

 

Subsequently, the Hon Minister of Justice and Attorney General of the Federation on 24th of September 2009 inaugurated the Inter-Agency Working Group for the development of a National Strategy to Combat Corruption.

 

The WG commenced  work  with  extensive  Stakeholder  and issues  mapping  to isolate critical factors and after some deliberations  adopted a tripod model for the development  of the strategy, capturing the three dimensions of Prevention; Enforcement  and  Sanctions;  and  Public  Engagement.  Broad consultation was done in order to ensure the rationale and need for change was widely acknowledged, and for shared strategic objectives to be properly identified.  The consultations6 also helped ensure technical soundness of specific proposals, and the public ownership through public engagement needed to overcome widespread cynicism and complacency, which is required for the strategy to be successful. This is an on-going process, which must reach all groups in society at all levels.

 

 

2.2 Developing the Framework for a National Strategy to Combat

Corruption

From 14th -17th June 2010, a second inter-agency retreat was held. This was designed to enable WG members analyze and structure the mass of information assembled  in the course of the preparatory  meetings  and expert consultations with  the  aim  7   of  producing  a  draft  framework   for  the  National  Strategy. Participants at the retreat comprised representatives of all the agencies in the IATT, selected non-state actors, and the Chief Executives of the anti-corruption

 

 

5 Annex 1

6 The Inter-Agency Working Group went through a two-day training program on Anti-Corruption Strategic Planning   with the

support of the European Union and the UNODC from the 20th to 21st August 2009. The training also involved the examination of

various country strategies. UNCAC retreat; Advocacy visits (over a course of 6 months), Expert Consultation Meetings; Request

for Memoranda from IATT members organizations; Development of a Communications Strategy; inclusion of non-State Actors as directed by Hon. Attorney-General and Minister of Justice

7 The agenda also included an Executive Session for heads of the anti-corruption agencies to enable them to provide their

inputs into the framework, which will guide the process of developing the anti-corruption strategy.

 

agencies   or   their   representatives.   The   retreat   considered   the   impact   of corruption on development and investment in Nigeria; Issues, gaps and progress in the implementation of the Nigerian anti-corruption agenda; as well as lessons from international best practices in strategic planning in the fight against corruption  and how  these  could  be applied  to Nigeria.  Against  this  backdrop, participants at the retreat identified weaknesses in the current institutional and legal anti-corruption framework in the areas of Enforcement and Sanctions; Prevention; and Public Engagement and agreed on possible reform measures to reinvigorate   the   national   anti-corruption    efforts   and   enhance   its   overall efficiency, effectiveness and synergy. The outcome documents, including the Communiqué of the retreat and the plan of action are attached.8

 

 

 

3. 0. The Objective

 

 

The objective  of this strategy  is to adopt and implement  a holistic  framework which  will  provide  an entry  point  to all sectors  and all Nigerians  in the  fight against corruption. At the Policy level, it will forge a strong link with and be one of the drivers of Vision 20:2020 as well as the MDGs thereby enabling the actualization of national and individual potentials. At the Technical level it will promote tangible benefits for integrity and stiff negative consequences for corruption.

 

 

 

 

4.0 The Strategy

 

The strategy is designed to intervene at the policy, technical and institutional levels.  While  at  the  policy  level  the  ultimate  objective  is  to  put  into  place  a system which promotes an increased alignment of private and public interest, at the technical  level the strategy  aims to strengthen  the effectiveness,  efficiency and synergy of the institutions, laws and measures designed by the Nigerian Government  to prevent and combat corruption as well as to engage the public more  actively  in  the  process.  At  the  institutional  level,  the  strategy  seeks  to develop  and  implement  mechanisms  aimed  to improve  the  governance  of the public  institutions  at federal,  state  and  local  levels  and  to  remove  corruption related  factors  inhibiting   their  accessibility   and  capacity   to  deliver  quality services  to all Nigerians.  The strategy, at each phase will be interlaced with a monitoring and evaluation component designed to ensure effective prioritization of mandates, synergy and collaboration as well as adequate public engagement.

 

 

 

 

 

 

 

 

 

 

8 Annex 2 and Annex 3

 

 

 

3.1 Policy Objectives

Policy Objectives reflect the government’s   high level, intended benefits for reducing corruption in society. The bottom line is in enacting policies that encourage   all   citizens   not   only   to   acknowledge   the   damaging   nature   of corruption but also to conclude that “integrity pays”.  The policy framework around reducing corruption must show clear tangible benefits for staying away from corruption as well as stiff negative consequences for engaging in corrupt acts. The incentives offered by government must encourage citizens to align themselves with beneficial outcomes and avoid the negative outcomes.

 

3.1.1 Alignment of Incentives

Where there is no real incentive to do the right thing (or perverse incentives exist) combating corruption is an extremely challenging endeavor. The National Strategy assumes an environment in which efforts are being made to achieve better alignment between private and public interests through two key instruments:

 

1.   Public Recognition

2.   Public Vigilance

 

 

3.1.1.1 Public Recognition

The strategy will promote public recognition to those both public and private organizations as well as individuals who act against corruption.

 

As  concerns   public   institutions   as   well   as   private   corporate   bodies   such recognition  will  be  vested  in  those  who  succeed  in  minimizing  corruption  in their internal and external dealings as well as in establishing  mechanisms  and

 

procedures aimed to detect and effectively and transparently  sanction corrupt behavior.9

 

For individual citizens as well as civil society organizations, special efforts in the promotion of anti-corruption and integrity as well as in the reporting of cases of corruption will be encouraged.  This would also require reviewing the current system of national honours to include integrity and specific efforts in the fight against corruption as criteria in the selection of the recipients of such honours.

 

 

3.1.1.2 Public Vigilance

For any public recognition policy to be effective, it must be relatively easy to identify compliance and relatively easy to detect a fraud. The system to identify the   institutions,   corporate   bodies   and   individuals   must   thus   be   simple, transparent, credible and easily understood and checked by the public. At the same time, the public must have the means to report any abuses. Therefore, the selection mechanism would be accompanied by an independent public feedback mechanism, which the public uses to give feedback about government, private sector or civil society organizations and individuals as necessary.

 

 

3.2 Technical Objectives

At the technical level, the strategy focuses on the effectiveness and efficiency of interventions and systems, laws and administrative, organizational and institutional arrangements used by Government in combating corruption, as well as the active engagement and participation of the public in these mechanisms and systems.  The technical objectives aim to:

•    Improve   public confidence   in reliable   enforcement   of the law, consisting of effective investigation, efficient prosecution, speedy adjudication and effective sanctions. This will foster an environment where  the  risks  of  corruption  outweigh  the  gains  and  enable  the desired public buy-in.

 

•    Institute a regime of accountability, integrity and transparency measures   across   public   institutions    which   will   increase   the capacity of such institutions to prevent corruption. This will entail improving the internal accountability mechanisms within public institutions; increased transparency within the institutions; and improved coordination and cooperation both within government institutions and with non–state actors. This will promote a demand for

accountability and service delivery.

 

 

 

9     For  public  institutions,  it will  be  the  Federal  and  State  Governments  to determine  the  form  of recognition  as well  as system  for identifying  deserving  institutions.  For the private  sector,  possible incentives   could   include   special   consideration   in  a  tendering   process;   special   tax  rebates   and deductibility of costs incurred for anti-corruption  measures implemented by the company (e.g. establishment  and operation  of whistleblower  hotlines, staff training on professional  ethics and anti- corruption, etc.).

 

 

•    Breaking up the collusion that fosters corruption through public engagement and involvement. The interaction with non-state actors will transform from the present state of public enlightenment and sensitization to PUBLIC ENGAGEMENT and involvement, with the aim of breaking up the conscious and inadvertent collusion inherent in the public culture which celebrates the corrupt. This will enable citizens’ ownership of the fight and foster zero-tolerance for corruption.

 

3.3 Institutional Objectives

For success, the impacts of the National Strategy are designed to be scalable and sustainable.  Rather than discreet, one-off interventions,  the strategy makes the interventions a part of the way we do things in Nigeria: part of our customs and way of behaving. Rather than focus only at the National level, the strategy flows down to sub-national levels; it takes short-term measures as well as builds necessary long-term responses that encourage institutional change. The focus of the  institutional  aspects  of  the  strategy  is  to  ensure  that  corruption  is  not tolerated in our societies at any level and the corrupt find no hiding place in our communities. The strategy is thus proposed in three overlapping phases, which are mutually reinforcing:

 

Phase   1:  Strengthening   the legal   and institutional   framework   designed   to prevent and combat corruption.

 

Phase 2: Mainstreaming Anti-Corruption Principles into Governance and Service

Delivery at National Level (MDAs)

 

Phase 3: Mainstreaming Anti-Corruption Principles into sub-national public administration, the private sector and society at large.

 

 

2011

2012

2013

2014

2015

2016

2017

2018

2019

2020

Phase 1:

 

 

 

 

 

 

 

 

 

 

Phase 2

 

 

 

 

 

 

 

 

 

 

Phase 3

 

 

 

 

 

 

 

 

 

 

 

 

3.3.1 Phase 1: Strengthening the legal and institutional framework designed to prevent and combat corruption

During the first phase of the strategy, implementation efforts will focus on the anti-corruption agencies and the processes of ‘how-we-combat-corruption-in- Nigeria’. Relevant technical aspects of the Sanctions & Enforcement, Prevention and   Public   Engagement   interventions   are   geared   towards   enhancing   the efficiency, effectiveness and synergy of the institutions, laws, policies and other measures already put in place by the Federal Government with a view to fully realizing their potential contribution towards the creation of an environment

 

that identifies   and  rewards  compliant   behavior,   and  detects  and  sanctions deviant behavior. This phase will enshrine the necessary synergy by addressing the recurring issue of overlapping mandates through encouraging prioritization, specialization, coordination and collaboration.

 

3.3.2 Phase 2: Mainstreaming Anti-Corruption Principles into Governance

& Service Delivery

For  Phase  2,  the  focus  is  on  safeguarding   accountability,   transparency   and integrity in the management of public property and public affairs with a view to reducing  the  negative  impact  of  corruption  on  governance  and  government service delivery in general, and more specifically  on the achievement  of Vision

20:2020 and the Millennium Development Goals. Corruption manifests itself in governance by skewing public choice towards serving private interests and produces inefficiencies in public spending and the deployment of public services. This phase will focus on how Ministries, Departments and Agencies (MDAs) administer  public  property,  manage  public  affairs  and  deliver  services;  how service delivery derives from budgets; how budgets derive from policy choices; how  policy  choices  derive  from  political  agendas  and  how  political  agendas derive from the public mandate. Preparatory activities for Phase 2 will start in

2011 with the identification of key institutions involved, in the achievement of the vision 20:2020 and the MDGs, their associated structures, organizations and actors and an assessment of their corruption risks. Based on the findings of such assessments the action plan for phase 2 will be developed within the established framework of Sanctions & Enforcement, Prevention and Public Engagement. This starts in the first year (as hatched out area of diagram). This will be followed by action plans to address disclosed gaps, which will incorporate concrete interventions.

 

3.3.3 Phase 3: Mainstreaming Anti-Corruption Principles into sub-national public administration, the private sector and society at large

For Phase 3, the focus is on decentralizing and devolving the  anti-corruption

effort.  It  is  a  move  away  from  the  effort  being  driven  solely  by  the  anti- corruption agencies and the federal level towards being driven by governments and MDAs at sub-national  levels, in particular  State and Local Governments.  It will be about scaling up the good practices and lessons emerging from Phases 1 and 2 to the sub-National levels. At the same time, this phase will focus on the large-scale involvement of non state actors, in particular the private sector and civil society, with a view to ensuring that the ownership of the anti-corruption effort passes over to the people. Preparatory activities for Phase 3 will be carried out   in   2011/2012   with   corruption   risk   analysis   of   the   States   and   Local Governments   as   well   as   the   private   sector   and   some   key   Civil   Society Institutions.    This  will  be  followed  by  action  plans  to  address  disclosed  gaps, which will incorporate concrete interventions.

 

4.0 Phase 1: Strengthening the legal and institutional framework designed to prevent and combat corruption

 

4.1.     Technical Objective I: Enforcement & Sanctions

At the technical level, the objective is to improve public confidence in reliable and credible law enforcement consisting of effective investigation, efficient prosecution, speedy adjudication and effective sanctions.

 

To understand the successes, challenges, constraints and possible remedies related to enforcement and sanctions, consultations were held with experts from various relevant agencies involved in the investigation, prosecution, adjudication and sanctioning of corruption and related offences10. The problem identification also drew from the conclusions of the Corruption Casework Policy Roundtable, held on 6-7 June 2010 by the National Judicial Institute and bringing together several judges designated to handle cases of the ICPC and EFCC in the State High Courts and the Federal High Court, as well as representatives of the prosecutions and investigations departments of ICPC, EFCC and CCB.11

 

In terms of the inhibiting weaknesses that are currently hampering the effective reliable and effective law enforcement   in cases of corruption, the problem analysis identified as the key contributing factors:

 

•    Lack of effective investigations due to weak skill sets, limited resources, and weaknesses in case selection and management.

•    Lack  of  capacity  for  efficient  prosecution,  due  to  limited  numbers  of prosecutors,   lack  of  sufficient  training,  and  difficulties  to  attract  the required  numbers  of  competent  and  committed  candidates  to  join  the legal departments of the ACAs.

•    Weaknesses  in  the  Legal  Framework,  including  shortcomings  in  the Evidence  Act  and  the  Criminal  and  Penal  Procedure  Acts,  as  well  as absence of specific laws on Plea bargaining,  Whistleblower  and Witness Protection and Non-Conviction Based Asset Forfeiture.

•    Weaknesses   as   concerns   organization,    procedure,   human   resource management, motivation and incentives in the operational departments of anti-corruption law enforcement bodies.

•    Limitations  in  the  independence  of  the  leadership  of  ACAs,  including issues  such  as  a  perceived  self-censorship,  and  insufficient  security  of tenure.

•   Lack of Interagency Coordination of investigation and prosecution.

•    Slow    dispensation    of    justice    due    to    capacity    limitations    (skills, infrastructure, equipment) and cumbersome procedures and antiquated laws (see under legal reform)

 

In order to address these multiple challenges, the retreat, and subsequent expert consultations identified a host of short, medium and long term measures. These

 

 

10  NDLEA, NFIU, CCB, BPRS, ICPC, EFCC, NDLEA, Police, NAPTIP, NEITI, FIRS, NOA/Ministry of Information, Ministry of Justice, Nigeria Customs, Nigeria Immigration Service, and the Human Rights Commission

11   The communiqué of the roundtable is attached in Annex 3

 

are aimed at addressing these weaknesses, assisting in particular the anti- corruption  law enforcement  agencies,  the Ministry  of Justice  and Office  of the Attorney General, the Judiciary and the Legislature and thereby creating the conditions   for   improving   public   confidence   in   reliable   and   credible   law enforcement  consisting  of effective  investigation,  efficient  prosecution,  speedy adjudication and effective sanctions. For the details on the proposed individual measures please refer to the plan of action for Phase 1 of the National Strategy to Combat Corruption (Annex 1).

 

Key actions for addressing the above weaknesses will include:

 

•    Building  the institutional  capacity of the relevant departments  of the anti-corruption  law enforcement bodies to effectively detect, investigate, and   prosecute   cases   of   corruption,   including   organizational   reform, human  resource  management,  policies,  procedures  and  practices,  skill sets and working tools, as well as training;

•    Strengthening    coordination,    cooperation    and    synergy    of    law enforcement action, in particular through encouraging    a   platform for coordination in investigation and prosecution;

•    Legal Reform Measures, in particular and as a matter of urgency, ensure the development and/or passing of new laws or amendments to existing laws  which  have  the  potential  to  remove  significant  obstacles  to  the effective  investigation  and  efficient  prosecution  of  cases  of  corruption, such as, inter alia, the amendment  to the Evidence Act, the Witness and Whistleblower Protection bill; and the Non-Conviction-Based Asset- Forfeiture bill.

•    Improve the efficiency of adjudication and sanctioning, as one of the key concerns   of citizens   in the handling   of cases of corruption,   in particular   through   improving   the   functioning   of   the   court   process, including the consideration of the establishment of specialized courts or, alternatively ways and means to improve the effectiveness of the current system of designated judges.

 

Key responsibilities for implementation will include:

•    The   IATT   in   conjunction   with   the   anti-corruption   law   enforcement agencies, and their respective training departments will take the lead in the area of institutional capacity building

•    The   IATT   in   conjunction   with   the   agencies   with   investigation   and prosecution mandates will take the lead on inter-agency coordination of investigations and prosecutions;

•    The  Ministry  of  Justice,  in  consultation  with  the  anti-corruption   law enforcement  bodies, the Law Reform Commission  and the judiciary  will undertake  the primary responsibility for the Law Reform measures;

•    Improvements in the area of Adjudication will be driven by the Judiciary and the Ministry of Justice, in consultation with the relevant law enforcement bodies.

 

4.2 Technical Objective II: Prevention

The objective of this technical intervention is to institute a regime of accountability, transparency and integrity measures across public institutions, which will increase the capacity of such institutions to prevent corruption.

 

To  understand  the  successes,  challenges,  constraints  and  possible  remedies related   to  corruption   prevention,   consultations   were   held  with  experts   in particular  of ministries,  departments  and agencies  [MDAS]  as well as selected non-state   actors   engaged   in   the   prevention   of   corruption.   These   experts examined the current and desired states of public organizations under three aspects: Capacity & Systems, Processes and Organization Culture.

 

In  the  area  of  prevention,  the  key  weaknesses  of  the  current  regime  were identified as follows:

•   Weak internal accountability and transparency of public sector agencies;

•    Weak public accountability / feedback mechanisms of ACAs resulting in perceived lack of transparency of ACAs.

 

Key actions for addressing the above weaknesses will include:

•    Produce a standard method and related tools to assess the organizational, procedural and other measures designed to maintain internal accountability and transparency of public sector agencies.

•    Pilot organizational   assessment   methodology   with a focus on prime service providers, in particular those MDAs which have the institutional mandate for the achievement of the MDGs and vision 20:2020.

•    Strengthen  existing  ACTUs    through  the  development  of  a  certification process  (including  standards  on  staffing,  training,  structure,  reporting lines, independence, capacity, access to information) and establish ACTUs in those MDAs where they do not yet exist;

•   Establishment of a common Anti-corruption hotline/ call centre,

•    Establish  one  stop  information  center  and  public  feedback  platform, dedicated  to  collect  and  disseminate  information  on  the  operations  of ACAs  to  the  public,  to  respond  to  general  information  requests  about ACAs, to ensure the dissemination of Annual Reports, laws and other relevant information to the public.

•   Review and reintroduction of the Freedom of Information Bill (FOI).

 

Key responsibilities for implementation will include:

•    TUGAR in collaboration with ICPC Preventive Department and relevant MDAs will lead work on weak internal accountability and transparency of public sector agencies and the development and implementation of a corruption risk assessment and Systems Review methodology;

•    ICPC  in  collaboration  with  existing  ACTUs  and  other  stakeholders,  as appropriate,   will  design  the  certification   process  for  the  ACTUs  and promote and support the establishment of new ACTUs

•   EFCC,  ICPC,  CCB,  NEITI,  BPP,  PCC,  Police,  in  cooperation  with  Public

Service Commission,   NJC, and Police Service Commission   will jointly

 

design   ways   and   means   that   will   render   their   institutions   more transparent   and  accessible   to  the  public;   including   the  provision   of regular feedback to the public on their operations.

•    IATT members will jointly design the framework for the common anti- corruption call centre.

 

4.3 Technical Objective III: Public Engagement

The  objective  of  this  technical  intervention  is  to  break  up  the  collusion  that fosters corruption (whether between public actors, public and private actors or between those actors and members of the larger society) through public engagement and involvement.

 

To  understand  the  successes,  challenges,  constraints  and  possible  remedies related to public engagement, consultations were held with both state and non- state  actors.  The  expert  group  discussions  examined  the  current  and  desired states  of three  key dimensions  of public  engagement:  the need  & impetus  for change, shared values and public ownership of the fight against corruption

 

In the   area   of public   engagement,   the   consultative   process   identified   the following key problems, which the national strategy would need to address:

•   Lack of public support and ownership of the fight against corruption;

•    Stakeholder   apathy   and   cynicism,   making   it   difficult   for   the   anti- corruption bodies and the Government in particular to effectively engage the public in the fight against corruption;

•   Collusion of networks in the public sector in the conduct of corruption;

•   (Perceived) lack of channels to report corruption safely.

 

Actions to address the above weaknesses will include a host of measures aimed at informing citizens more effectively that the fight against corruption is a shared concern and responsibility. The interventions will also include robust public information  on  the  existing  laws  and  institutions  against  corruption,  on  the avenues for citizens in particular to get involved with these institutions and initiatives, educating citizens on how to identify the signs for corruption as well as avenues to report cases of suspected corruption safely.

 

The outreach and public awareness departments of the members of IATT in cooperation with the National Orientation Agency will be responsible for driving the public engagement activities.

Key responsibilities for implementation will include:

•    A   platform   for   safe   reporting   under   the   leadership   of   the   Public Complaints   Commission   in  collaboration   with  the  unions  within  the Public Service, the BPSR, CCB, ICPC and EFCC.

•    IATT members  will jointly  design  the framework  for the common  anti- corruption call centre.

 

 

 

5.0. Implementation, Monitoring and Evaluation

 

The overall responsibility for implementation of the strategy will rest on the Federal Government. During the second phase of the strategy, this responsibility will increasingly be shared by the MDAs and during the third phase    the States and Local Governments.   The monitoring and evaluating component will be designed   to   facilitate   the   judicious   allocation   and   use   of   resources   and maximization of synergy among the ACAS and other Public Institutions as well as non-state actors.  The Objective Verifiable Indicators [OVI] will include interventions to address issues such as overlapping mandates, prioritization and allocation of internal resources, inter-agency cooperation and collaboration.

 

Under   the   overall   guidance   of   the   Government   leadership,   the   member institutions of the Inter Agency Task Team on Anti-Corruption will provide the infrastructure and resources to plan and execute individual reform measures, as spelled out in the plan of action (Annex 1). For that purpose, the members of the IATT will align their annual work plans and strategies of their individual institutions with the priorities and responsibilities as contained in the plan of action.

 

The Technical Unit on Governance and Anti-Corruption Reforms, TUGAR,  under the  overall  supervision   of  the  Honorable   Attorney-General   and  Minister  of Justice, will play a support and coordinating  role, and facilitate the interaction, coordination  and  cooperation  between  the  members  of  IATT  in  the implementation  of the  strategy.  In this  context,  TUGAR  will  also  facilitate  the cooperation  provided  by other MDAs in the implementation  of the strategy  as well as the support provided by international development partners.

 

Moreover, TUGAR in cooperation with the research and policy departments of the IATT members will be responsible for the design and implementation of a monitoring and evaluation framework and for aligning this framework with pre- existing monitoring and evaluation frameworks at the regional and international levels, such as the African Peer Review Mechanism and the Review Mechanism for the United Nations Convention against Corruption.

 

Non-state   actors  will  have  a  primary   role  to  play  in  the  implementation, monitoring  and evaluation  of the strategy.  Therefore  all state actors that have specific roles in the implementation of the strategy will ensure that they will, as appropriate, provide the avenues and platforms for the involvement of relevant non-state actors the in design and execution of the individual reform measures.

 

 

 

PLAN OF ACTION FOR THE IMPLEMENTATION OF PHASE 1 OF THE NATIONAL STRATEGY TO COMBAT CORRUPTION

 

OVERALL VISION:

TO DEVELOP AND IMPLEMENT A HOLISTIC NATIONAL STRATEGY WHICH WILL GIVE AN ENTRY POINT TO ALL SECTORS AND ALL NIGERIANS IN THE FIGHT TO COMBAT CORRUPTION

 

 

 

 

ENFORCEMENT AND SANCTIONS

STRATEGIC  OBJECTIVE:

IMPROVED PUBLIC CONFIDENCE  IN RELIABLE AND EFFECTIVE LAW ENFORCEMENT CONSISTING  OF EFFECTIVE INVESTIGATION, EFFICIENT PROSECUTION,  SPEEDY ADJUDICATION AND EFFECTIVE SANCTIONS

 

Problem Analysis

 

Interventions  Measures and

Activities

Responsible Agency/ Organization

 

Envisaged

Outcome

 

Priority

Starting and End Date

 

Budget

 

Immediate Actions

Impact, Indicators and Means  of Verification

CAPACITY BUILDING OF INVESTIGATIONS AND PROSECUTION

Lack of effective investigations  due to weak skill sets, limited resources and weaknesses in case selection and management

General needs assessment of investigation  departments  of ACAS, including organizational  structure, procedures, case selection systems, resource allocation, management, budgetary process, intra-agency coordination  and communication (in particular between Investigations  and Legal Departments),  recruitment processes.

External

Needs Assessment incl.

recommendatio ns for institutional reform of ACAs, with a view to enhancing the effectiveness  of investigations

Medium

Term

xxx

xxx

Establish interagency steering committee to develop TOR for assessments,  guide the conduct of the assessments,  review reports,

communicate  results and guide and monitor the implementation of recommendations

More effective Investigation  and Prosecution

 

Enhanced Inter- Agency Cooperation

 

Conviction rates as per annual reports of ACAs

 

Increased number of successful prosecutions

 

Number of joint investigations

Training Needs assessment and training policy for ACAs

External

Training needs assessment report

 

 

 

 

Development  and implementation of joint training plans for ACAs

TRI and other training units of ACAs

Joint Training

Plans

 

 

 

 

 

 

19

 

 

 

 

 

 

 

 

 

 

 

 

Number of training courses, operatives trained and evaluation of such training course

Lack of capacity for

efficient prosecution, due to limited numbers of prosecutors,  lack of sufficient training, and difficulties to attract the required  numbers of competent and committed candidates to join the legal departments  of the ACAs,

Training needs assessment and training policy

External

 

Training needs assessment report

Medium

Term

xxx

xxx

Establish interagency steering committee to develop TOR for assessments,  guide the conduct of the assessments,  review reports

Needs Assessment Reports

- Joint Training

Plans

Capacity Building  Programme,  focused on enhancing access to training and mentoring with a focus on prosecutorial tactics and strategy, drafting of charges, and case presentation

MoJ, TRI and other training units of ACAs

Joint training programme

 

Enhanced Skills in Drafting Charges and Presenting cases

 

 

 

WG on Training formed of TRI, EFCC Legal, ICPC Legal and CCB

 

Review of HR policies of the prosecution departments  of the ACAs, including recruitment, posting, career development,  tenure, etc

External

HR assessment report

Medium term

 

 

Contract external consultancy

 

Professionalization of Prosecutions through the establishment  of a prosecutorial  cadres, the adoption of a special code of conduct and the creation of an Association of Prosecutors

MoJ, Prosecutors in the various specialized

law

enforcement agencies, NBA

Enhanced standing of the prosecution and increased independence of the prosecution

Medium term

 

 

Preparation of concept note on the creation of NPA (Nigerian Prosecutors’ Association);  liaise with the IAP

Prosecutors’ Association established

 

Code of Conduct for Prosecutors adopted in line with international standards and norms

 

20

 

 

 

LEGAL REFORM  MEASURES

 

Problem Analysis

 

Interventions  Measures and

Activities

Responsible Agency/ Organization

 

Envisaged

Outcome

 

Priority

Starting and End Date

 

Budget

 

Immediate Actions

Impact, Indicators and Means  of Verification

Weaknesses  in the Legal Framework,   including shortcoming  in the Evidence Act and the Criminal and Penal Procedure Acts, as well as absence of specific laws on plea bargaining, whistleblower  and witness protection and Non- Conviction Based Asset Forfeiture,

Develop a witness protection bill in line with the requirements  of the UNCAC;

IATT Sec

Detailed and Informed Overview of the Legal Environment

Short and Medium Term

 

 

Establish study group on legal reforms

 

Introduce a whistleblower  protection bill, as an executive bill, drawing on already existing legislative proposals and international  good practices;

MoJ

Whistleblower

Protection Act

 

 

 

Convene a meeting between the Civil Service Unions, PCC and CCB on Whistle- Blower Protection.

Review and re-introduce the bill for the amendment of the Evidence Act, in order to ensure the admissibility of electronic and digital evidence;

MoJ

Amendment to the Evidence Act

 

 

 

 

Re-introduce  the Non-Conviction- Based-Asset-  Forfeiture Bill;

NASS/ MoJ/ IATT

NCBF Bill adopted

 

 

 

Advocacy visit of IATT to AGF and NASS

Limit the right to interlocutory  appeals, in particular as relates to cases handled by the EFCC and the ICPC, including the consideration  of a constitutional amendment;

MoJ

Rights to interlay appeals limited in line with international practices

 

 

 

 

Amend the Criminal and Penal Procedure Acts to facilitate the handling of cases of corruption, economic and financial crimes (including the regulation of plea bargaining) drawing from examples already adopted at State levels (e.g. Administration  of Criminal Justice Law of Lagos State;

MoJ

Criminal and Penal Procedure

Codes amended

 

 

 

 

Introduce amendments  to the EFCC and ICPC Acts, allowing for cases of corruption, economic, and financial

MoJ/ EFCC/ ICPC

EFCC and ICPC

acts amended

 

 

 

 

21

 

 

 

 

crimes, in particular as they relate to politically exposed persons (PEPs), to be tried in jurisdictions,  other than the one of the locus of the crime

 

 

 

 

 

 

 

INSTITUTIONAL REFORM MEASURES

 

Problem Analysis

 

Interventions  Measures and

Activities

Responsible Agency/ Organization

 

Envisaged

Outcome

 

Priority

Starting and End Date

 

Budget

 

Immediate Actions

Impact, Indicators and Means  of Verification

Weaknesses  as concerns organization,  procedure, human resource management,  motivation and incentives in the operational departments  of anti-corruption  law enforcement  bodies

Analyze of the existing organizational and management  structures of investigation  and prosecution departments  in ACAs, including

staffing, qualifications,  recruitment and promotion, incentives and motivation, professional ethics, and the possibility of creating a professional  cadre of prosecutors

 

Independent assessment of the effectiveness and efficiency of current organization and

management  of operational departments  of ACAs.

Short and Medium Term

xxx

xxx

Develop TOR for the conduct of an independent management  audit of operational departments  of ACAs

 

Conduct management  audit

 

Convene a focus group of investigators and prosecutors  to review findings and recommendations of management  audit.

 

Present findings and recommendations of management  audit

to Heads of Agencies.

 

Implementation

Enhanced effectiveness  and efficiency of organization  and management  of operational departments  of the ACAs.

 

Enhanced job satisfaction and motivation of

Limitations in the independence  of the leadership of ACAs, including issues such as a perceived self-censorship,

Review and, as appropriate,  amend the legal framework regulating the financial independence  of ACAs as well as the security of tenure and removal procedures for Heads of Agencies, as

IATT Legal

Study Group

Legal framework guaranteeing the independence

Medium and Long term

 

 

 

Enhanced perceived and actual independence  of ACAs.

22

 

 

 

and insufficient security of tenure.

contained in the ICPC, EFCC and CCB Acts in line with UNCAC and other relevant regional instruments and good practices

 

of ACAs enhanced

 

 

 

 

 

Lack of Interagency Coordination  of investigation  and prosecution.

Establish a permanent platform for Inter-agency  coordination  in investigation  and prosecution

IATT

Interagency cooperation   & information exchange protocols and platform established

Short and Medium Term

xxx

xxx

 

Increased cooperation  and information exchange

ADJUDICATION

Slow dispensation  of justice due to  capacity limitations (skills, infrastructure, equipment) and cumbersome  procedures (see under legal reform)

Capacity assessment (training, security, infrastructure/equipment) of designated courts to handle cases of EFCC and ICPC

NJC, NJI, EFCC, ICPC, MoJ

(intl. development partners)

Needs assessment report

Medium

Term

xxx

xxx

 

Improved capacity to adjudicate anti- corruption issues

Capacity building proposal for enhancing  effectives and efficiency of designated EFCC and ICPC judges

NJC, NJI, EFCC, ICPC, MoJ

(intl. development partners)

 

Medium term

 

 

 

 

Conduct SWOT analysis of the establishment  of specialized courts drawing from international  good practices AND comparing to option of strengthening  the current system of designated judges.

NJC, NJI, EFCC, ICPC, MoJ

(intl. development partners)

As appropriate, proposal for the establishment

of specialized

anti-corruption courts (including legal, organizational, and budgetary implications)  if necessary, or methods of strengthening the current system of designated Judges

Medium term

 

 

Establish interagency study group to

conduct a  detailed

analysis of the legal environment  and development  of structure for either designated courts or specials courts for the ACAS

 

23

 

 

 

PREVENTION

STRATEGIC  OBJECTIVE:

TO INSTITUTE A REGIME OF PREVENTIVE  MEASURES ACROSS PUBLIC INSTITUTIONS WHICH WILL  INCREASE THE CAPACITY OF SUCH INSTITUTIONS TO PREVENT CORRUPTION

 

Problem Analysis

 

Interventions  Measures and

Activities

Responsible Agency/ Organization

 

Envisaged

Outcome

 

Priority

Starting and End Date

 

Budget

 

Immediate Actions

Impact, Indicators and Means  of Verification

Weak internal accountability  and transparency  of public sector agencies

Produce a standard method and related tools to assess the organizational, procedural and other measures designed to maintain internal accountability  and transparency  of public sector agencies

TUGAR in cooperation with ICPC preventive department

Methodology for systems analysis established/ refined

Medium

1\8\10

N30,000,

000

Establish working group and roadmap for methodology development

Standard methodology for systems review

Pilot organizational  assessment methodology  with a focus on prime service providers (MDGs).

TUGAR in cooperation with ICPC preventive department

Pilot assessments conducted and published

Medium

/ Long term

 

 

 

Report on systems’ review in selected MDAs including recommendation s

Strengthen existing ACTUs  through the development  of a certification process (including standards on staffing, training, structure, reporting lines, independence,  capacity, access to information)  and establish ACTUs where they do not exist

ICPC and

MDAs

Model for ACTUs developed and certification process established

Short/

medium

 

 

Establish working group on ACTUs with the task to analyze the existing ACTUS models and establish model requirements,

Standard model for ACTUs established, number of ACTUs in compliance with the model; number of new ACTUs established

Difficult public access to and opacity of ACAs

Establishment  of a common Anti- corruption hotline/ call centre (integration of existing complaints mechanisms)

EFCC, ICPC, CCB, NEITI, BPP, PCC, Police, in cooperation with Public Service

Improved access to ACAs; enhanced efficiency of processing of complaints (assignment of

Medium

1\8\10-

1\8\11

 

 

Number of calls coming through the hotlines.

 

Number of complaints received through

 

24

 

 

 

 

 

Commission, NJC, Police Service Commission

complaints to competent agency, establishment of joint investigations where appropriate)

 

 

 

 

the hotline and forwarded to the relevant agencies

Weak public accountability

/ feedback mechanisms  of ACAs resulting in perceived lack of transparency  of ACAs

Establish one stop information center and public feedback platform, dedicated to collect and disseminate information on the operations of ACAs to the public, to respond to general information  requests about ACAs, to ensure the dissemination  of Annual Reports, laws and other relevant information to the public

TBD

A one stop centre established

 

 

 

 

One-stop information centre established

Support the implementation of the

Access to information regimen

All the ACAS

Bill passed and signed into Law Implementatio

n mechanism set up across Public Agencies.

Medium term

 

 

Law Study Group to review and revise bill

Increased transparency  and access to information  by the public. Number of requests for provision of information Number and quality of responses Number and quality of complaints received

 

25

 

 

 

PUBLIC ENGAGEMENT

STRATEGIC  OBJECTIVE:

BREKING UP THE COLLUSSION  THAT FOSTERS CORRUPTION  THROUGH PUBLIC ENGAGEMENT  AND INVOLVEMENT.

 

Problem Analysis

 

Interventions  Measures and

Activities

Responsible Agency/ Organization

 

Envisaged

Outcome

 

Priority

Starting and End Date

 

Budget

 

Immediate Actions

Impact, Indicators and Means  of Verification

Lack of public support and ownership of the fight against corruption

Defining public engagement to include involvement,  ownership and transformational leadership

 

 

Short and Medium term

 

 

 

 

Develop communication strategy focusing on targeted, disaggregated and sector-specific  messaging and outreach at all levels (grassroots, LG, State and Federal)

TUGAR, EFCC, ICPC, National Orientation Agency

Sustained  and targeted information campaign

Medium

 

 

Stakeholder Analysis; mapping; development  of sector-specific messages and programs

Enhanced understanding  of key stakeholders

Mapping and enrollment of stakeholders, champions of reform and communication channels best suited  to disseminate  the above messages

 

 

 

 

 

Identification  and enrolment of champions

 

Review legal provisions for the public input/ scrutiny on the appointment  of the leadership of Anti-corruption agencies.

 

Public ownership and involvement

 

 

 

 

 

Stakeholder  apathy

Identifying  and publicizing opportunities  for citizens to get engaged actively in anti-corruption efforts, as stipulated in existing laws[ Public Procurement  Act, Fiscal Responsibility,  NEITI Act]

 

Information materials

Short, Medium Long Term

 

 

Set up a Study Group to analyze entry points and opportunities  in the existing laws

Enhanced Public engagement in decision-making in the public sector

Collusion of networks in the public sector in the conduct of corruption

Identification  of potential networks through the analysis of court records and law enforcement  actions???

 

 

Short term

 

 

Mapping of networks and collusion points; adoption of targeted messaging

 

In-depth analysis of networks through on-the-spot interview and checks in the concerning public sector agencies/

 

 

Short and Medium

 

 

 

Report of the

Study Group

26

 

 

 

 

departments.

 

 

term

 

 

 

 

Classifying collusion into

1) Public sector collusion; management and leadership, internal accountability mechanisms,  colleagues??  of the agencies;

2) Public-Private   sector collusion

3) Collusion at the grassroots/

traditional level

 

 

Medium term

 

 

 

 

Breaking the collusion through targeted messaging, using relevant stakeholders  and champions of reform.

 

Mobilization against the collusion networks

 

 

 

 

 

(Perceived) lack of channels to report corruption safely

Establish avenues/platforms and respective information  materials allowing for the safe reporting of cases of suspected corruption.

 

Enhanced Public Reporting of Corruption

Short Term, Medium Term and Long Term

 

 

Develop a guide on how to report corruption safely.

Increased number and quality of public complaints

Identify the existing protections

offered by the various relevant laws for the protection of whistleblowers

 

Result of the analysis

 

Information materials reflect the existing safeguards for whistleblowers

 

 

 

Consultative  meeting between the Civil Service Union, CCB and PCC; Study

group on Legal Reforms; Study group on ANCOR Platform and interagency hotlines.

.

 

Report of the

Study Group




[1] Thisday Newspaper Thursday May 14, 2009, pg. 50, - Formulate National Strategic Plan on Anti-Corruption FG Told

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