NIGERIA EXPERIENCE IN COMBATING CORRUPTION

1
NIGERIA EXPERIENCE IN COMBATING CORRUPTION

• BY
• EMMANUEL AKOMAYE
• Economic And Financial Crimes Commission (EFCC).
• At
• The Ad hoc Experts Group Meeting
• On
• Deepening Judiciarys Effectiveness in Combating
  Corruption
• Addis Ababa, Ethiopia
• 19-21 November, 207

2
Introduction

• The long years of military Rule had entrenched
  corruption in Nigeria almost becoming
  institutionalized.
• Corruption reached its zenith during the reign of
  General Abacha who is acknowledged to have stolen
  between 4-5 billion USD between 1994 and 1998,
  surpassing all records of state thievery within
  such a short period.
• Law and order had collapsed and the rule of law
  took a back seat in the face of tyranny,
  despotism and impunity.
• All law enforcement and other watch dog
  institutions were so compromised that they now
  served the needs of the corrupt than those of the
  society they were set up for.

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Introduction contd.

• Nigeria became a pariah state
• T.I. rated Nigeria as the most corrupt country
  for several years
• FATF blacklisted Nigeria
• Nigeria was assessed by many risk rating Agencies
  as too risky a jurisdiction for quality
  investment
• Foreign Direct Investment (F.D.I) took flight.
• In spite of ceaseless flow of petrodollars, the
  economy plummeted, witnessing double digit
  inflation and poverty became pervasive
  particularly in the Niger Delta giving rise to
  crises that severely threatened state security.

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Bold steps to address the Problem

• Expression of strong political will at the
  highest level. President Obasanjos inaugural
  address in May 1999 declared zero tolerance to
  corruption. President Umaru Musa Yar Adua has
  followed suit. At the recent annual National
  Seminar on Economic Crime held on the 13- 15
  November 2007, he declared that he will
  personally lead the fight. He and the vice
  president publicly declared their assets upon
  assumption of office.

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Bold steps contd

• Anti-corruption programme must not be approached
  in an ad hoc manner but addressed as part of a
  national economic reform programme.
• Nigeria addressed hers under its NEEDS programme
  (National Economic Empowerment and Development
  Strategy).

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Bold steps contd.

• Enactment of appropriate legislation to
  criminalize all corrupt conducts including unjust
  enrichment. This is critical because punishment
  can only be in accordance with the law. The
  following laws have been enacted-
• Independent Corrupt Practices Commission (ICPC)
  Act, 2000
• Economic and Financial Crimes Commission (EFCC)
  Act, 2004
• Money Laundering (Prohibition) Act, 2004
• Public Procurement Act, 2007
• Fiscal Responsibility Act, 2007
• Code of Conduct Act, 1989 (now part of the 1999
  Constitution)

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Bold steps Contd

• -Laws must contain key provisions to
  facilitate effective enforcement
• Bar on interlocutory appeals- S40 EFCC Act
• Shifting burden of proof in cases of the offence
  of unjust enrichment
• Provision for interim restraint/forfeiture of
  tainted property.
• Special or designated courts/judges to
  expeditiously try corruption cases

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Establishment of key Institutions

• ICPC
• EFCC
• Due Process Office (Bureau of Public Procurement)
• Nigeria Financial Intelligence Unit (NFIU)
• All these institutions must be headed by
  committed , visionary, incorruptible and
  dedicated individuals with sound pedigree.
  Anti-corruption work is not another job for the
  boys.
• Reformation of existing institutions
  particularly the toll gate institutions-Nigeria
  Police Force (NPF), Nigeria Customs Service
  (NCS), Federal Inland Revenue Service (FIRS) and
  the Judiciary. The National Judicial Council
  (NJC) became very active and sanctioned many
  erring judges.

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Enforcement

• Vigorous and sustained
• Former untouchables were and are still the
  primary target. The principle of suitable target
  for maximum impact is utilized. The results so
  far has justified the strategy- conviction of a
  governor, and an Inspector General of Police, 5
  other former governors, a Senate President, 2
  Senators and a minister are currently standing
  trial.
• Over 200 convictions for corruption , money
  laundering, bank fraud, advance fee fraud
  recorded.
• Assets recovery is key in any anti-corruption
  work. Assets worth over 5billion recovered in
  less than five years by the EFCC alone.

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Challenges

• Politicization and blackmail
• Constitutional Immunity- S308
• Criminalization and prosecution of the offence of
  unjust enrichment.
• Public apathy and doubtful attitudes towards
  anti-corruption work
• Slow justice system
• Insufficient commitment by other arms of
  governments
• International assets recovery frustrations
• Re establishing the rule of law

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International acknowledgement

• Grant of debt relief by the Paris club.
• Delisting from the FATF list of Non-Cooperating
  Countries and Territories (NCCTs) in June, 2006
  and admission into the elite Egmont Group of
  Financial Intelligence Units in June 2007
• - Certification of the NEEDS strategy as
  credible and working by the WB and the IMF.
• Improved rating by several international rating
  agencies and a stream of FDI particularly in the
  financial sub-sector.
• Donor support (32M EU support to the EFCC and
  the Nigerian Judiciary) and cooperation from
  several international law enforcement Agencies-
  FBI, INTERPOL, MP, SCORPIONS etc.

12
International acknowledgement

• Nigeria is a prime example of what can happen
  when leaders say enough is enough to rampant
  corruption
• Anthonio Maria Costa, Executive Director,
  UNODC at the Un Crime Congress in Bangkok,
  Thailand, 2005

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Contact Information

• Economic and Financial Crimes
  Commission
• 5 Fomella Street
• Wuse 2, Abuja
• Tel[phone]
• E-mail- info_at_efccnigeria .org
• eakomaye_at_efccnigeria.org