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NIGERIA EXPERIENCE IN COMBATING CORRUPTION

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The long years of military Rule had entrenched corruption in Nigeria; almost ... This is critical because punishment can only be in accordance with the law. ... – PowerPoint PPT presentation

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Title: 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.

3
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.

4
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.

5
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).

6
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)

7
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

8
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.

9
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.

10
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

11
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

13
Contact Information
  • Economic and Financial Crimes
    Commission
  • 5 Fomella Street
  • Wuse 2, Abuja
  • Tel234-9-4131884-5
  • E-mail- info_at_efccnigeria .org
  • eakomaye_at_efccnigeria.org
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