Lecture presented by Dr Ibibia Worika, Legal Counsel, Commonwealth Secretariat, London, at the 15th Wole Soyinka Annual Lecture, London, 14 July 2012.
Permit me to begin by thanking the organizers of the Wole Soyinka Annual Lecture, the National Association of Seadogs (Zero Meridian Zone), for inviting me to deliver the 15th Lecture. As a forum for intellectuals of like minds to discuss prevailing socio-economic issues within Nigeria, in particular, and Africa, in general, this Lecture Series is highly commendable. Against the background of other past speakers, I consider your invitation to me an honour.
In the aftermath of the fuel subsidy revelations and the interest Nigerians are showing towards the fight against corruption, the theme of this year’s lecture – “Need to start thinking of a new generation of freedom/anti-corruption fighters” cannot be more auspicious. Nigeria’s Human Development Index (HDI) is 0.459, which gives the country a ranking of 156 out of 187 countries with comparable data. The HDI of Sub-Saharan Africa as a region increased from 0.365 in 1980 to 0.463 today, placing Nigeria below the regional average. Sub-Saharan Africa has the largest numbers of countries ranking very low in HDI globally. The HDI trends tell an important story both at the national, regional and continental levels and highlight the very large gaps in well-being and life chances that continue to divide our interconnected world1. When juxtaposed against the background that Nigeria is potentially the wealthiest country in Africa in both human and material resources, while Africa with enormous land mass and mineral deposits, their consistent low-ranking in the World’s HDI predisposes me to silence, but invariably, produces revulsion against our state of seeming corrupt hopelessness.
It takes 983 hours to prepare, file, and pay taxes in Nigeria, the longest in Sub-Saharan Africa. Only two countries in the world require a longer time: Bolivia (1080 hours) and Brazil (2,600 hours). United Arab Emirates requires the shortest time (12 hours.)2 This debilitating bureaucratic red-tape to which local and foreign businesses are incessantly subjected to is further compounded by the erratic and intermittent electricity supply and general infrastructure deficit, which combine with insecurity to astronomically increase the cost of doing business in Nigeria. With the exception of South Africa, the situation is generally the same in sub-Saharan Africa.
A court in Abuja has restrained the Attorney General of the Federation (AGF) and the Inspector General of Police (IGP) from acting on the subsidy probe report in so far as it affects Integrated Oil and Gas Limited pending the hearing and determination of a suit brought before it.3 There is therefore a likelihood that over N I trillion fraud recorded in the subsidy regime may eventually be forgotten, because of the $620,000 bribery scandal. It may go the way of other scandals cum probes – the Pius Okigbo/Gulf War Oil Windfaull ($12 Bn), the Oputa Panel, PTDF probe, the probe on the various plane crashes in Nigeria, pensions probe and various other probes that revealed stolen/misappropriated funds or other corrupt practices, but of which no action was taken. Is it any wonder that Transparency International’s Corruption Perception Index for 2011 ranked Nigeria 143 out of 183 countries? We might be aware of a widely reported “Transparency International letter written to the Nigerian President threatening lawsuit as it global work is threatened by Nigeria’s huge corruption data.4
While we cannot easily place a price on ethnic chauvinism and religious bigotry, recent studies indicate that corruption is costing Africa over US$150 billion annually, enough to fix over half of the continent’s infrastructure deficit. The World Bank’s Federal Public Expenditure Review for Nigeria published in 1995 claimed that approximately US$ 200 billion was invested in Nigeria, between 1973 and 1993, with very little development to show for it.5 While noting some improvement in fiscal discipline, its 2011 report on some Nigerian States – Anambra, Bayelsa, Ekiti, Kogi, Niger, Ondo and Plateau States – berated the performance of the Public Financial Management systems across all the states and classified them as generally poor.6
Conventionally, “development” that Africa so desperately needs is often so narrowly misconstrued to mean “economic growth” without more; yet, it has several components. Its objective is to create an enabling environment for human well-being. Writing on human development, Mahbub ul Haq, Founder of the Human Development Report opined that:
“The basic purpose of development is to enlarge people’s choices. In principle, these choices can be infinite and can change over time. People often value achievements that do not show up at all, or not immediately, in income or growth figures: greater access to knowledge, better nutrition and health services, more secure livelihoods, security against crime and physical violence, satisfying leisure hours, political and cultural freedoms and sense of participation in community activities. The objective of development is to create an enabling environment for people to enjoy long, healthy and creative lives.”7
Since 1990, under the auspices of the United Nations Development Programme (UNDP) the Human Development Report has published the human development index (HDI) which looks beyond GDP to a broader definition of well-being. The HDI provides a composite measure of three dimensions of human development: living a long and healthy life (measured by life expectancy), being educated (measured by adult literacy and enrolment at the primary, secondary and tertiary level) and having a decent standard of living (measured by purchasing power parity, PPP, income). Norway, Australia and the Netherlands lead the world in the 2011 Human Development Index (HDI), while ten Sub-Saharan African countries are at the bottom of the pack, including the Democratic Republic of the Congo, Niger and Burundi at the very bottom of the Human Development Report’s annual rankings of national achievement in health, education and income.
An appreciation of this subject matter would first, require an understanding of the basic concepts, the context, options, the role of freedom/anti-corruption fighters and whether they are all we need in the fight against corruption. The sections that follow are attempts to discuss the subject matter in greater detail.
Freedom is the state of being free or at liberty rather than in confinement or under physical restraint. It includes exemption from external control, interference, regulation and embodies the power to determine action without restraint. Within a county’s context, it could include political or national independence and at an individual level is personal liberty, as opposed to bondage or slavery.8
As vital as it is, freedom is not necessarily synonymous with anti-corruption, nor does it easily lead to economic growth or development. With very little or no freedom, the economic successes of China, Singapore and Malaysia readily come to mind.9 This is particularly so because “freedom” may in certain contexts be qualified depending upon whether we are talking about economic, political, social or cultural freedom. I use the term, “freedom” in its most comprehensive meaning to embody all or any of the aforementioned.
Africa’s freedom fighters may have envisaged economic and social justice bound with political independence. Indeed, without their pioneering efforts, Africans would probably still have been under political, economic and social bondage and, with it, incessant and unmitigated abuse of their human rights and fundamental freedoms.
“Anti-corruption”, on the other hand, is the anti-thesis of “Corruption”, the opposite of corruption. “Corruption” is “the act of corrupting or state of being corrupt.” Corruption is a crime committed by officials (public or private) abusing of their role to procure gain for themselves or somebody else. Several forms of corruption exist: bribery, embezzlement, abuse of power, just to name a few.10 Quiet corruption, an aspect of corruption has been identified as rampant in the public sector in Africa.11
Immediate post-independence African leaders realised the hard way that in the nitty-gritty of governance, theoretical and oratorical rhetoric about nationalism and patriotism did not easily translate into the prosaic world of actual socio-economic progress. With the exceptions of South Africa, Angola and Namibia, the immediate decades that followed the various independence proclamations of the 1960s saw African leaders working to establish the post-colonial African State on ‘firm’ political and socio-economic footing, but with varying degree of successes. While some worked against the political and economic hegemony of the erstwhile colonial power, others worked with the latter to entrench themselves in power, protect their interests and exercise control over economic resources.12 The latter seemed to have been the case in post-colonial Nigeria. Bejamin Talton aptly captured the scenario thus:
By the 1990s, formal European political control had given way to African self-rule, except in South Africa. Culturally and politically however the legacy of European dominance remained evident in the national borders, political infrastructures, education systems, national languages, economies and trade networks of each nation. Ultimately, decolonisation produced moments of inspiration and promise, yet failed to transform African economies and political structures to bring about true political autonomy and development.
3. NEOCOLONIALISM OR A CASE OF VOLENTI NON FIT INJURIA?
Volenti non fit injuria is a latin phrase, which means ‘to one who volunteers, no harm is done’. Where the defence of volenti applies it operates as a complete defence absolving the defendant of all liability because the Claimant is assumed to consent to the risk of harm. There is a considerable overlap with contributory negligence.14 We can draw an analogy from this legal maxim in asking the question, whose fault is it, why and how?
Fast forward – May 29, 2008 – over 40 African leaders participating at a three-day conference in Yokohama, Japan accused rich nations of blocking Africa’s growth. Others have blamed our backwardness on centuries of slave trade and neo-colonialism. Either view, though contentious, is strongly held even in enlightened circles in convenient disregard to the notion of our individual and collective responsibility.
The notion of some grand conspiracy by rich nations to keep Africa perpetually underdeveloped in their self-interest is one that has gained forceful currency. To be sure, rich nations continue to pressure poor countries to take steps towards stimulating business through privatization, restructuring and repositioning the banking sector, embracing free trade and acceding to the World Trade Organization, which trade rules had long been settled by them. While promoting economic laissez-faire philosophy for poor countries, rich nations impose protectionist policies and measures that cater to powerful special interest groups in their respective countries. Their continued subsidy in the agricultural sector, while enforcing trade barriers against poor nations is hypocritical. The then president of the World Bank, James D. Wolfensohn accused wealthy countries of “squandering” $1 billion a day on farm subsidies that often have devastating effects on farmers in Latin America and Africa.
Others point to rich nations providing safe-haven for laundered money from poor developing countries of Africa. Monies laundered by past African Heads of States and Presidents and in very recent times including provincial, regional or State governors, such as James Ibori of Delta State of Nigeria amounting to billions in hard currency that should otherwise have been channelled towards Africa’s infrastructural development have been fairly documented. The argument that the rich nations are aware of these illicit transactions and simply turn a blind eye because of its benefits to their economies while conversely depriving Africa of much needed development finance is appealing.
The World Investment Report 2007: Transnational Corporations, Extractive Industries and Development provides some proof that when foreign direct investment to Africa rose by 20% to $36 billion in 2006, twice their 2004 level, the surge was in large part related to investments in extractive industries, not health, education, housing, agriculture or even IT. Again, in the pursuit of their interest especially in the extractive industries such as mining, oil and gas exploration and exploitation, there is some evidence that, it does not matter if Africans are impoverished thereby or their environment is devastated. The ‘blood diamonds’ of Sierra Leone, which partly fuelled the Liberian civil war, oil and gas exploitation in Nigeria’s despoiled Niger Delta environment are a few examples in West Africa. The Angolan civil war, which was formally brought to an end in 2002, and in which an estimated 500,000 people were killed was one of the largest, longest and most prominent armed conflicts of the Cold War. Both the former Soviet Union and the U.S. considered it critical to the global balance of power and to the outcome of the Cold War. Underpinning this 27 year old conflict were oil and gas as well as diamonds. The brutal suppression of blacks in South Africa for centuries and the institution of the apartheid regime were equally linked to South Africa’s enormous resources, which the invading colonial forces could not do without.
Anyone conversant with John Perkins’ New York Times Bestseller, “Confessions of an Economic Hit Man” cannot but admit some “magu magu” as we say in Nigeria, or jiggery-pokery in the global political economy. John Perkins writes that,
“Economic hit men are highly paid professionals who cheat countries around the globe out of trillions of dollars. Their tools include fraudulent financial reports, rigged elections, payoffs, extortion, sex, and murder. They play a game as old as Empire but one that has taken on terrifying dimensions during this time of globalisation.”
Admittedly, Perkins’ book has been subject to much controversy and intense criticism and when put under the spotlight, he himself was forced to make a calculated retreat in these words:
“Although unconscious, deceived, and-in many cases-self-deluded, these players were not members of any clandestine conspiracy; rather, they were the product of a system that promotes the most subtle and effective form of imperialism the world has ever witnessed.”
Considering the absence or paucity of honest, sincere and visionary leadership on the continent, the degree of contributory negligence of Africa’s leaders to its own underdevelopment effectively wipes away any suggestion that it remains underdeveloped essentially because some rich and industrialised nations jointly or severally conspired to keep it so. Greed, selfishness and above all corruption by Africa’s political elite have had a contributory negligence on Africa’s stunted growth and effectively erased any suggestion that it remains underdeveloped because of some grand conspiracy by rich and powerful industrialised nations. Walter Rodney’s thesis on “How Europe Underdeveloped Africa” is all too familiar to students of African history. A great work it was, but failed to take account of the fact that large parts of Asia, the Middle East, Latin America and the Caribbean were similarly colonized. However, subject to very few qualifications – relativity of political freedoms, gender and human rights issues, countries in these other regions are developing at a faster pace than those in the Africa region.
To think that over half a billion people in Africa do not have access to electricity and, that where it is available, most countries suffer from erratic supplies, while the River Congo (formerly Zaire) with proven potential of supplying all the power that Africa needs and more remains largely underutilized; to think that, over 130 million people in sub-Saharan Africa also rely on firewood, cow dung and crop residues for their cooking and heating needs with enormous health implications and no escape route from the poverty cycle in sub-Saharan Africa, when they could easily have had access to electricity whether grid or off-grid as in many other parts of the world; to think that with the exception of Asia, Africa has the world’s largest landmass, but is largely unable to feed itself; to think that some African countries’ spending on the military as a percentage of the gross domestic product (GDP) is higher than that of the United States of America and other rich nations, whereas Africa is least able to defend or feed itself; to think that some African leaders live much more affluent lifestyles than their compatriots in richer nations, while their own people wallow in abject deprivation, poverty and squalor; to think that a continent, mostly in need of peace is actually replete with strife, armed conflicts, civil wars and lately terrorism, is quite frankly, not just a vexation of the spirit, but baffling and confounding to any sentient soul. Whether in military or civilian regimes, progress has been relatively very slow, and in some cases, non-existent or reversed.
4. MILITARY OR CIVILIAN REGIMES: SAME FINGERS OF A LEPROUS HAND?
Sometime in 1985, one Major Jimmi Wangome of the Kenya Army authored a book titled, “Military Coups in Africa – The African “Neo-Colonialism” that is Self-Inflicted”. In it, the author pointed out that, with the advent of independence in the late 50’s and early 60’s euphoria, new hopes swept through Africa as nation after nation attained self-government. Being an insider, his testimony must be given the seriousness it deserves:
There were new dreams and expectations as the colonial masters packed their bags and handed over the instruments of power to the indigenous peoples. To most Africans this was the end of a long freedom struggle in which so many had suffered. It was the end of slavery, human degradation and exploitation. However, these dreams were soon shattered as government after government fell victim to the coup d’etat across the continent. The new military rulers accused the civilian government of everything from corruption and incompetence to mismanagement of the national economy. However, experience in Africa has shown that the military are no better than civilians when it comes to running governments. Rather than solve African contemporary political and socio-economic problems, military coups d’etat in Africa have tended to drive the continent into even further suffering and turmoil. This has been the case in Uganda, Ghana, Nigeria, Togo, Congo and several other African states. The future trend is that coups in Africa will remain a common phenomenon as long as political and economic instability prevails.15
Asking if Africa’s military or political class drove the spanner of under-development through it simply begs the question because one would blame the other. Either way, what cannot be denied is that both institutions are African, not rich and powerful industrialised nations. Indeed, both institutions are so corrupt that for the average African, the difference between the one and the other is a distinction without a difference!
The ruthlessness and dictatorship of the military in politics and their suppression of freedom was only equalled by the rapacious audacity and corruption of civilians in political power in Africa. From Cape Town to Cairo and from Monrovia to Mogadishu, Africa’s ‘do or die’ politics has been characterized by brazen election-rigging, selfishness, greed, intolerance, unforgiving spirit, failure to have short, medium and long-term vision encapsulated in improper planning, implementation and enforcement strategies fused with nepotism, tribalism and monumental corruption, all combining in varying degrees to cripple Africa’s development, now misguidedly placed exclusively on the door-steps of rich nations.
Africa risks unprecedented destitution, proliferation of failed states, emigration and more armed conflicts absent honest, sincere and visionary leadership that serves the interests of her people rather than a coterie of recycled politicians in military, ex-military or civilian garbs. The Nigerian Tribune Online of June 9th 2008 reported that, three of Nigeria’s ex-military Heads of State absolved one of their members, the late General Sani Abacha of looting the national treasury, warning that probing past administrations would not yield anything positive for the country and should, therefore, be discouraged. I see the point in suggesting that focusing exclusively on probing past administrations as a witch-hunting exercise may be counter-productive; however, to publicly exonerate the late General Sani Abacha of diverting public funds into his personal overseas’ accounts despite the weight of evidence is a failed attempt at revisionism and demonstrable of the triviality with which Africa’s so called statesmen approach leadership!
By fielding politicians who simply represent ethnic or tribal cleavages, Africa continues to put square pegs in round holes. Henry Ford once said, “People deserve the government they get.” That Africa’s leaders generally advance first, their self-interest; and, second, their ethnic agenda; and, lastly, their country (if at all) is no gainsaying. The Corps Marshall of Nigeria’s Federal Road Safety Commission at a dinner in honour of newly appointed ambassadors recommended that Nigeria’s way forward is to develop a template for selecting our leaders at all levels. The cliché in this era of technology, in his view is, “garbage in, garbage out”, which when translated as a mantra for national development, implies that only tested and trusted leaders should lead us in the management of public affairs. One is tempted to agree completely with him, but that it may exclude those, especially the youths, who may not have been tested, but who have a desire for positive change for themselves and future generations. Notwithstanding, we must agree on a template for selecting our political leaders and those who serve in public offices as one of the ways to go about the conundrum of good governance and anti-corruption.
5. THE ROLE OF FREEDOM AND ANTI-CORRUPTION CRUSADERS
The role of freedom and anti-corruption crusaders in the march towards freedom, democracy and good governance in Nigeria, in particular, and Africa, in general, cannot be overstressed. Freedom/anti-corruption crusaders fearlessly hold autocratic/despotic and corrupt regimes to account, thereby decrying official rampant corruption, which continues to undermine Africa’s development. They put their lives on the line and some cases have paid the ultimate price with their lives.
It must be said though that freedom and anti-corruption crusaders are not just individuals. They can also be initiated by private sector organizations, such as a group of businesses, or by civil society organizations, religious institutions or non-governmental organisations (NGOs) or other advocacy groups. In South Africa, an organization called, “Business Against Crime” not only monitors organized crime but also corruption in the public sector. Civil Liberties Organization and the Campaign for Democracy, International Society for Civil Liberties and the Rule of Law(Nigeria) in Nigeria not only promote and defend civil liberties and democracy respectively, but also act as a watch-dogs against corruption in high places. The founding of Transparency International organization with its country chapters can be seen as a very good example of a civil society anti-corruption crusade at the global level that cascades into national realms.
There are, however, drawbacks in relying exclusively on freedom/anti-corruption crusaders to the detriment of other long-term institutional strategies and mechanisms that entrench good governance and, invariably, reduce corruption. First, corruption-tainted governments may put freedom/anti-corruption crusaders under considerable pressure, in some cases imprisoning or even assassinating them through its agents or other anonymous sources. The assassination of Dele Giwa via a letter-bomb, the trumped-up charges that led to the Kangaroo trial and eventual hanging of Ken Saro Wiwa, the death in custody of Chief Moshood Abiola, including the rampant assassination of other pro-democracy/freedom/anti-corruption activists during Abacha’s military regime in Nigeria are examples. In South Africa, the imprisonment of anti-apartheid freedom fighters including Walter Sisulu and Nelson Mandela and the killing of Steve Biko are other examples. Very recently, The Chairperson of South Sudan’s Civil Society Alliance, Deng Athuai, who is a prominent anti-corruption and human rights activist, was on 8th July, 2012, found by the side of a road in Juba tied in a sack and severely beaten, according to military sources.16 The incarceration and or assassination of freedom/anti-corruption fighters may increase resentment against dictatorial/corrupt governments, drive opposition underground and ultimately lead to the downfall of such governments. But, it could also frustrate, scuttle or even derail the freedom/anti-corruption movement.
Secondly, sometimes, even freedom and anti-corruption crusaders, who should otherwise have a unified front against the common enemy hardly agree, simply want exclusive credit of the struggle to indulge their ego, or become bitter enemies. India’s anti-corruption crusaders tried to breathe new life into their sagging movement, when two of the harshest critics of the government came together for the first time to fast and protest new graft allegations, recently. But old rifts reopened when the demonstration was marred by disagreement onstage, raising doubts about the movement’s ability to mount a formidable challenge to India’s corruption-tainted government.
Third, considering that humans are not infallible even the “heroes” of “freedom/anti-corruption” occasionally gradually or suddenly slip into becoming the “villains”. From Cairo to Zimbabwe and from Banjul to Addis-Ababa erstwhile freedom fighters under colonial rule became transmogrified into corrupt dictators. Nigeria has also seen its share of “anti-corruption heroes” in military outfits, who took over power under the pretext of ridding the system of corrupt politicians, while they themselves and their regime became cesspools of corruption. With the possible exception of the very brief General Murtala Mohammed’s six-month administration in Nigeria, there was hardly any administration in which corruption did not thrive. When viewed against the backdrop that each succeeding administration, military or civilian had made fighting corruption one of its principal strategic objectives, it is an understatement to suggest that, their attempts at good governance and the fight against corruption are usually characterized by double-speak of extraordinary incoherence.
6. BEYOND FREEDOM/ANTI-CORRUPTION FIGHTERS
Anti-corruption crusade in the sense of championing another generation of anti-corruption fighters may simply breed a generation of Nigerians or Africans interested in massaging their ego as “freedom/anti-corruption fighters”, paying lip service to dealing with the problem without necessarily addressing the underlying causes; nor is focusing exclusively on enforcement of anti-corruption laws helpful since the damage of corruption will have taken place already. The key to a successful strategy to tackle corruption is the complementary synergy of both preventive and enforcement approaches. Additionally, the legal, socio-political and economic aspects must be effectively addressed. Lastly, corruption has become a trans-boundary phenomenon requiring various international approaches that can spur positive change in national jurisdictions.
Arguably, if only we could genuinely reform, effectively implement our reform agenda, periodically monitor on-going progress as well as enforce compliance with our democratic developmental agenda – policies and laws, we would not so much require another breed of freedom/anti-corruption crusaders. What follows is a summary discussion of what we must do beyond hoping for another generation of messianic anti-corruption crusaders.
6.1 Strengthen Anti-Corruption Laws, Institutions and Improve Compliance Enforcement
6.1.1 Effective Prosecution and Stricter Punishment for Corruption and Economic Crimes: Amongst those charged with official corruption in Nigeria, including former Governors and other public figures very few eventually got prosecuted. Of those who were prosecuted, fewer still were convicted. Most of those convicted bounced-back to limelight and bestrode the landscape like behemoths. The longest sentencing so far against a former Nigerian Governor convicted of corruption is that of former Governor of Delta State, James Ibori; and, only because the conviction was by a UK court,17 when his prosecution in Nigeria became embroiled in an evasive political gerrymandering.
Two months after a London Court jailed Mr. James Ibori, for fraud and money laundering, it was reported that another former Governor of Bayelsa State, Diepreye Alamieyeseigha, who was jailed two years by a Nigerian court for fraud in 2007, including forfeiture of his ill-gotten assets, is to forfeit $401,931 and his Maryland, US home worth $600,000 to the United States Government.18 The US Department of Justice executed a forfeiture order on $401,931 in a Massachusetts brokerage fund traced to Alamieyeseigha.
Upon his conviction for corruption and other offences, former Inspector General of Police of Nigeria, Tafa Balogun was sentenced to a six-month imprisonment and forfeiture of all his assets, shares and landed property acquired with the fund stolen from the police treasury. The assets totalled 150 million US dollars, including money stashed in banks, shares in blue chip companies and 14 luxury buildings.19 Responding to the judgment before he was taken to the prison, Balogun was quoted to have said, “life is full of challenges, it has its ups and down. I was up yesterday, I am down today but I will bounce back.” Ironically, most Nigerians who spoke about his arrest, prosecution and conviction felt that handcuffing him was far more humiliating than the conviction and sentence passed on him. We may presuppose that he is now a free man waiting in the wings to “bounce-back”, if he has not already.20
The case against former Governor of Rivers State, Chief Dr. Peter Odili is hereby recast from a well-written petition filed before the National Judicial Commission (NJC) at the time by a UK-based Nigerian citizen, Osita Mba.21 In January 2007, the Economic and Financial Crimes Commission in the exercise of its statutory powers issued a report of its investigation into the finances of the Rivers State government under the then outgoing Governor Peter Odili. The “Interim Report of the EFCC on Governor Peter Odili” disclosed that “over 100 billion Naira of Rivers State funds were diverted by the Governor, and contained serious allegations of fraud, conspiracy, conversion of public funds, foreign exchange malpractice, money laundering, stealing and abuse of oath of office. Subsequently, the Rivers State Government through its Attorney-General filed an action challenging the powers of the EFCC to probe the affairs of the State and claiming that the activities of the EFCC were prejudicial to the smooth running of the Government of Rivers State. The case was given expeditious hearing and on March 23 2007, the trial judge, Honourable Justice Ibrahim Nyaure Buba, granted all the declaratory and injunctive reliefs sought by the Plaintiff. These include a declaration that the EFCC investigations are invalid, unlawful, unconstitutional, null and void; an injunction restraining the EFCC and the other defendants from publicising the report of the investigation; and an injunction restraining the EFCC from any further action in relation to the alleged economic and financial crimes committed by Dr Odili. In a subsequent action Dr. Odili filed against the EFCC and including the Federal Attorney General in suit no. FHC/PHC/CSI78/2007, seeking to enforce the original judgment by way of an ex parte order barring the EFCC from investigating or arresting or prosecuting him, Justice Buba held that,
“The subsisting judgment of March 2007 by this court is binding on all parties. Therefore there is a perpetual injunction restraining the EFCC from arresting, detaining and arraigning Odili on the basis of his tenure as governor based on the purported investigation.”
Effective prosecution and de-politicisation of corruption cases, including stiffer penalties would go a long way to winning the war against corruption in Nigeria, in particular and Africa, in general. The frustration with rampant and incessant corruption on grandiose scales in Nigeria has led to call for the Chinese approach.22 While others may view this call as a too strict and against human rights norms and conventions, the prevailing sentencing regime simply tantamount to a slap on the wrist.
6.1.2 Focus and Streamline the Fight against Corruption – there are just too many anti-corruption institutions in Nigeria. The Code of Conduct Bureau and the Code of Conduct Tribunal are Extra-Ministerial Departments set up by the Federal Government under the Code of Conduct Bureau and Tribunal Act.23 The constitution of the Second Republic i.e. the 1979 constitution fifth schedule part 1, stipulates a Code of Conduct for public officers. The Code of Conduct Bureau and Tribunal Act gave the Bureau the mandate to establish and maintain a high standard of public morality in the conduct of Government Business and to ensure that the actions and behaviour of public officers conform to the highest standard of public morality and accountability.
The Corrupt Practices and other Related Offenses Act (ICPC Act) 2000 render both receiving and offering a bribe a criminal offence. It prohibits and prescribes punishment for corrupt practices and other related offences and establishes the Independent Corrupt Practices and other Related Offences Commission (ICPC).
The Economic and Financial Crimes Commission Act 2004 establishes the EFCC as is the designated Financial Intelligence Unit (FIU) in Nigeria, which is charged with the responsibility of co-ordinating the various institutions involved in the fight against money laundering and enforcement of all laws dealing with economic and financial crimes in Nigeria.
The triplication of institutional mechanisms in the fight against corruption introduces bureaucratic complexity and dilutes the resolve to fight corruption rather than concentrate resolve, energy and resources to fight it. It is not only wasteful of scarce resources; it speaks volumes on the performance of these institutions over the years. It is, however, noteworthy that, the Presidential Committee on the Rationalisation and Restructuring of Federal Government Parastatals led by former Head of the Civil Service of the Federation, Steve Oronsaye, has recommended the merger of the anti-corruption bodies such as the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC) and the Code of Conduct Bureau (CCB).24 These bodies are to serve as departments within the larger Anti-Corruption Commission (ACC). Also recommended in the report is the elevation of the Code of Conduct Tribunal (CCT) to Anti-Corruption Tribunal, a Court of Superior Records with the responsibility for handling only corruption cases from the proposed merger of EFCC, ICPC and the Code of Conduct Bureau. Extant anti-corruption laws should be repealed, while a new one enacted to accommodate the consolidation of EFCC, ICPC and the Code of Conduct Bureau. While noting that some are uneasy with the recommendations of the report,25 I am in full agreement with them as I believe these recommendations would consolidate and expedite action on existing cases, reduce the time spent in prosecuting those charged with offences, while simultaneously and contemporaneously reducing the cost.
6.1.3 Safeguard the Autonomy of Anti-Corruption institution(s) – We cannot expect anti-corruption commissions or tribunals to be independent in the discharge of their functions when their membership and in some cases tenure are determined by the Executive. In the case of the Nigeria’s EFCC,
“A member of the Commission may at any time be removed by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct or if the President is satisfied that it is not in the interest of the Commission or the interest of the public that the member should continue in office.”
Such wide discretionary powers in the President liken him constantly to a “brooding omnipotence in the sky” to the Chairman and members of the Commission in such a manner as to defeat their autonomy, actual or perceived. Is it any wonder that despite the comparatively excellent performance of the EFCC under its maiden Chairman, Nuhu Rubadu, critics were quick to point out that he was simply being used to hunt down the then President’s political opponents? It must be said that for the anti-corruption fight to succeed, justice must not only be done, but must undoubtedly and manifestly be seen to be done.
The President also appoints the Chairman and other members of the Code of Conduct Bureau subject to confirmation of the Senate.26 The criteria for appointment are that the persons must be of “unimpeachable integrity in the Nigerian Society; and at the time of appointment, not less than fifty years.”27 Who determines if a person is of “unimpeachable integrity”? Likely, the SSS, the Senate and the President! Is it any wonder that the performance of the Code of Conduct Bureau and Tribunal have fallen short of expectations in the fight against corruption of public officers?
In contrast, Kenya, for example, has considerably evolved from its Arap Moi past. Its current Anti-Corruption and Economic Crimes Act 2003 makes provisions for the Judicial Service Commission to appoint special Magistrates. The membership of the Advisory Board to the Commission is statutorily restricted to nomination by certain bodies like the Law Society, Institute of Public Accountants, International Federation of Women Lawyers (FIDA), Association of Professional Societies, Joint Forum of Religious Organizations, etc. It is this Advisory Board that nominates the Director and Assistant Directors of the Commission. For the avoidance of doubt regarding the autonomy of the Commission, S. 8(3) and (4) then provide that:
“8(3) The Director and Assistant Directors shall be persons recommended by the Advisory Board and approved by the National Assembly for appointment to their respective positions.
(4) On the approval of a person by the National Assembly under subsection (3), the President shall appoint the person concerned to the office in respect of which the approval was given.”
In other words, even the nominations for the positions of Director and Assistant Directors have to be approved by the Kenyan National Assembly and receive Presidential assent. Given the different and unrelated bodies responsible for appointing the Executive and Assistant Executives of the Commission, whose interest will they be protecting, apart from those of Kenya and the Kenyan people? While this is not to suggest that corruption no longer exist in Kenya, if we are serious about the anti-corruption fight, there must be a total overhaul of the anti-corruption laws to truly guarantee and safeguard the autonomy of the membership of our anti-corruption commission(s), beyond being subject to the authorities of the Executive and Legislative Chambers.
6.1.4 Ensure Public Enlightenment Campaign on the need for Freedom of Information
After considerable pressure from civil societies, the Nigerian government finally promulgated the Freedom of Information Act 2011. This Act makes public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences for disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes. But, not many Nigerians are aware of this piece of legislation; and, fewer still of its importance.
What is worse is our collective disposition to corruption. Prof. Niyi Osundare in a recent lecture entitled, “Why We No Longer Blush: Corruption as Grand Commander of the Federal Republic of Nigeria” at a programme organized by the Save Nigeria Group on 9th June, 2012, had said:
“It is only in Nigeria that people role out drums to welcome corrupt public officers. Religious leaders are not left out, as they organised thanksgiving service, blaming the so called misfortune of their heroes on his or her adversaries….Rather than query the source of the ill-gotten wealth of corrupt public office holders and make them accountable for their evil deeds, we roll out drums, singing praises of them because of the anticipated crumbs being expected….Our disposition to their corrupt practices is being seeing as morale booster. That is why the level of their looting has moved from millions in the 60s to trillions. It has been a movement round the circle of shame”.28
Civil society is, however, playing a tremendously significant role in public enlightenment campaign, including actions taken to compel public servants to declare their assets. The African Centre for Media and Information Literacy was reported to have sued the Code of Conduct Bureau over President Jonathan’s assets declaration.29 Although not much has been heard of the outcome of this suit, it does highlight, nevertheless, that citizens have a responsibility to take advantage of the FOI Act and request access to public information and records. Shanta Devarajan, Chief Economist for the World Bank’s Africa Region opined that:
“Tackling quiet corruption will require a combination of strong and committed leadership, policies and institutions at the sectoral level, and – most important – increased accountability and participation by citizens.”30
7. REFORM OF THE POLITICAL PROCESS, INCLUDING JUDICIARY AND THE PUBLIC SERVICE
7.1.1 Political Process: Men and women with requisite qualifications, competencies, skills, goodwill and integrity in the communities, towns and cities should begin to take active interest in the political process. But, this is not going to happen if our electoral process is constantly characterized by fraud, manipulations, thuggery, vandalism or unresolved assassinations, especially were the villains are eventually rewarded rather than punished, while the ‘vanquished’ victims are left to leak their wounds in the common prayer and hope that “God dey!”. Princeton Lyman, former U.S. Ambassador to Nigeria and South Africa, once said:
“Electoral reform may sound pretty small within such a grand vision. But electoral reform is the key, the opening up of the political system, the means for restoring hope and confidence to the Nigerian (African) people.”
Throughout the length and breadth of Africa, democracy has been standing on its head – dead people sometimes vote, opposition politicians and their supporters are indiscriminately harassed or killed and where they cannot, opposition politicians, including those within the ruling party who have run out of favour with their colleagues in power are arbitrarily barred from contesting elections by either the National Electoral Commission or other responsible government electoral agency, if not arrested or imprisoned. Not too long ago, we all witnessed post-election unrest between Raila Odinga and his Orange Democratic Movement (ODM) and supporters of President Kibaki and his Party of National Unity (PANU) in Kenya; the controversy surrounding Nigeria’s third republic elections; including the political logjam in Zimbabwe between Robert Mugabe’s Zanu-PF and opposition leader, Tsvangirai’s MDC; absence of a credible government in Somalia, are all constant reminders that genuine electoral reform that truly establishes an independent umpire for elections in Africa is another strategy for democratic stability, good governance and, afortiori, the fight against corruption.
7.21.2 Judicial Reform: In Chief Great Ogboru v. Chief James Onanefe Ibori and Ors,31 the issue in the appeal had to do with the disqualification or qualification of the 1st respondent in the Delta State Gubernatorial elections; and, in particular, whether the 1st respondent (Chief James Onanefe Ibori) was at the time of the Gubernatorial Elections held on 19/4/03 an ex-convict. OLabode Rhodes-Vivour, J.C.A., (Delivering the Leading Judgment) set out the facts as decided by the Supreme Court wherein, amongst others, it called for a new trial on the issue of identity of James Ibori since there was a conviction by the Bwari Area Court. And so the case went before H. Mukhtar J. of the High Court of the Federal Capital Territory in Wuse, Abuja. In his Judgment delivered on 8/11/2004 His Lordship held inter alia thus:
“With the material contradictions and serious inconsistencies especially in the evidence of PW1, the irresistible conclusion must be that the 4th defendant has not been sufficiently identified as the person convicted by the Upper Area Court, Bwari in case No: CR-81-95 between COP v. James Onanefe Ibori on 28/9/95, even on the balance of probabilities. The standard of proof being beyond reasonable doubt has not been met where there is not only a reasonable doubt but in fact a very serious doubt raised by the material contradictions and inconsistencies in the evidence of PW1 and Exhibits C and D.”32
On further appeal, the Supreme Court dismissed the appeal and affirmed the decisions of the lower courts. The Supreme Court held that the 4th respondent was not the one convicted by the Bwari Upper Area Court.
These are the kinds of technicalities that constantly frustrate diligent prosecution of anti-corruption cases in our regular courts. For almost a decade, Nigerian courts could not identify Chief Onanefe Ibori, let alone convict him for corruption. The good news is that Nigeria’s new and first female Chief Justice, Justice Mariam Aloma Mukhtar has confirmed that the judiciary is corrupt and pledged to cleanse it of its bad eggs.33 Should judicial reform not be possible because of vested interest, corruption cases should as the Orasanya Panel has recommended be dealt with by a new Anti-Corruption Tribunal that deals exclusively with such cases under new rules of law that place emphasis on substantive justice and the need to curb corruption rather than technicalities.
7.1.3 Public Service Reform: “Quiet corruption” – the failure of public servants to deliver goods or services paid for by governments – is pervasive and widespread in Nigeria and across Africa. It is having a disproportionate effect on the poor, with long-term consequences for development, according to a new report from the World Bank.34 Recent revelations highlighting N32.8billion Nigeria Police Pension funds scam implicates a Permanent Secretary, Atiku Abubakar Kigo and top senior officers in the Federal Civil Service.35
The World Bank report, Africa Development Indicators 2010, notes that most studies on corruption focus on an exchange of money – bribes to powerful political designees or kickbacks to public officials. This World Bank report instead focuses on the way “quiet corruption” leads to an increasingly negative expectation of service delivery systems, causing families to ignore the system. Quiet corruption, although smaller in monetary terms, is particularly harmful for the poor, who are more vulnerable and more reliant on government services and public systems to satisfy their most basic needs. Shanta Devarajan, Chief Economist for the World Bank’s Africa Region said, “Quiet corruption does not make the headlines the way bribery scandals do, but it is just as corrosive to societies.”36 Reform of the public service, especially the civil service is a precondition to the fight against corruption.
7.1.4 Police Reform: It is not uncommon to see the Police, constitutionally empowered to preserve and protect the people by ensuring law and order actually undermine their sacred mission. Originally set up and paid to protect human lives and property, the Police have become a law unto themselves, unashamedly requesting and collecting bribes from motorists on our roads, extorting money from the weak and defenceless, and unlawfully detaining citizens with a view to extortion and in some cases clandestinely killing their victims without due process. During electioneering campaigns, they are generally overzealous in protecting the government or ruling party by intimidating and sometimes killing innocent voters perceived to be in support of the opposition in the name of maintaining law and order as we have seen most recently in Zimbabwe and in the attempts to unseat President Hosni Mubarak of Egypt. It also surfaced in the democratic debacle in the definition and application of “citizenship” in Cote D’voire and ensuring unrest led to the evacuation of foreigners and temporary movement of the African Development Bank from its headquarters in Abidjan to Tunis, amongst others.
Nigeria’s then Acting Inspector General of Police (now Inspector General) once admitted that the police are an exceedingly rotten lot.37 In one of his earlier meetings with senior police officials, he warned commanders that they would be held personally responsible for any corruption or indiscipline that occurs by their subordinates from then onward. Interestingly, he was reported to have admitted that:
“Justice has been perverted, people’s rights denied, innocent souls committed to prison, torture and extra-judicial killings perpetrated…Our anti-robbery squads have become killer teams…. Many people [are] arbitrarily detained in our cells because they cannot afford the illegal bail monies we demand. Our respect is gone and the Nigerian public has lost even the slightest confidence in the ability of the police to do any good thing.”38
To be sure, what IGP Abubakir said merely echoes public sentiments about the Police and corroborates the United States indictment of the Nigeria Police Force (NPF), that corruption in the institution remained very rampant.39 The public is still highly sceptical about the police. Reform of the Nigeria Police Force has to be institutional and must incorporate raising the quality and standards for recruitment, appointment, salaries and emoluments of force members, including a template of unimpeachable integrity for those who want to serve as police officers supported with the requisite resources. Training and retraining on international best policing practices are equally vital. Until this is done in a much more structured way, which limitation of time and space will not permit, we will be pursuing shadows in the fight against corruption.
Corruption is neither localised nor an exclusively Nigerian or African phenomenon. It has long assumed a global dimension. The difference is that in other continents honest and sincere actions are being taken against it. The Council of Europe described corruption as:
“…a serious threat to the basic principles and values of the Council of Europe, undermines the confidence of citizens in democracy, erodes the rule of law, constitutes a denial of human rights and hinders social and economic development.”40
The Council of Ministers adopted Twenty Guiding Principles for the Fight Against Corruption. Subsequently, the Council has agreed a Criminal Convention on Corruption;41 Civil Law Convention on Corruption;42 and, an Additional Protocol to the Criminal Law Convention on Corruption.43
From Argentina in South America to Canada in North America, the Organization of American States (OAS), has long been
“CONVINCED of the need for prompt adoption of an international instrument to promote and facilitate international cooperation in fighting corruption and, especially, in taking appropriate action against persons who commit acts of corruption in the performance of public functions, or acts specifically related to such performance, as well as appropriate measures with respect to the proceeds of such acts;” has agreed on an Inter-American Convention Against Corruption.44
The Organization of Economic Co-operation and Development (OECD) also set about tackling corruption by agreeing amongst its member countries on the OECD Convention on Combating Bribery of Public Officers in International Business Transactions. It also agreed on Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions.
Even the United Nations Office on Drugs and Crime (UNODC) has facilitated member countries of the UN to agree on the United Nations Convention against Corruption. Kofi Anan, then SG of UN, in writing the foreword opined, amongst others, that:
“The Convention introduces a comprehensive set of standards, measures and rules that all countries can apply in order to strengthen their legal and regulatory regimes to fight corruption. It calls for preventive measures and the criminalization of the most prevalent forms of corruption in both public and private sectors. And it makes a major breakthrough by requiring Member States to return assets obtained through corruption to the country from which they were stolen”.48
Africa’s destiny is neither in the constellation of stars nor some mysterious interplay of celestial forces. It is neither in the hands of the Arabs, Caucasions, Chinese, nor Indians. Africa’s destiny rests squarely with its own people (Africans), and in its own hands. It is disheartening that against the backdrop of efforts being made in other lands against the cankerworm of corruption, I am not aware of any Pan-African initiative by either the African Union (AU) or various regional bodies. The Revised Arusha Declaration is one by the World Customs Council affirming that a priority for all Governments should be to ensure that Customs is free of corruption, requiring firm political will and a sustained commitment to the fight against corruption. It was initially agreed at Arusha, Tanzania, on the 7th day of July 1993 and revised in June 2003.49
Worried by the seeming lack of results in the on-going effort by his administration to tackle corruption in the country, President Goodluck Jonathan was reported to have summoned an extra-ordinary meeting of the heads of the three branches of government to explore ways of evolving a more effective strategy to deal with the menace. We are also told that this is just as the Attorney General of the Federation (AGF) and Minister of Justice, Mr Mohammed Adoke, disclosed that the prosecution of the indicted persons on the oil subsidy would begin sooner than later. It remains to be seen whether this meeting would translate into concrete anti-corruption dividends.
Permit me, once more, to quote copiously from Kofi Anan in his foreword to the UN Convention against Corruption, which is a food for thought:
Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human security to flourish. This evil phenomenon is found in all countries—big and small, rich and poor—but it is in the developing world that its effects are most destructive. Corruption hurts the poor disproportionately by diverting funds intended for development, undermining a Government’s ability to provide basic services, feeding inequality and injustice and discouraging foreign aid and investment. Corruption is a key element in economic underperformance and a major obstacle to poverty alleviation and development.50
Given the devastating impact of corruption on Nigeria’s economy, in particular and Africa’s, in general, our forebears must be turning in their graves to discover that our economies may be inexorably drifting towards the Golgotha. Anti-corruption crusaders have done tremendously well in highlighting societal ills and in charting the trajectory for the ship of State. As important as their campaigns have been, are and will continue to be, in concrete terms, progress has been relatively slow and could remain slow for a long time unless we embark on fundamental reforms. We must, therefore, look beyond another generation of anti-corruption crusaders to entrench progressively essential policy, legal and institutional reforms that promote good-governance in the forms of greater tolerance, transparency and accountability, prioritizing merit over loyalty and nepotism. This responsibility is not only for freedom/anti-corruption crusaders. All men and women of goodwill must stand up to be counted in the fight against corruption. It was Edmund Burke who said, “All that’s necessary for the forces of evil to win in the world is for enough good men to do nothing.” The choice is ours.
Dr. Ibibia Lucky Worika
Legal Adviser, Natural Resources
Commonwealth Secretariat, London
The views expressed in this paper are personal and exclusively those of the author and not the Commonwealth Secretariat.
- Human Development Index: Trends 2005 – present, http://hdrstats.undp.org/en/countries/profiles/NGA.html
- Ten facts about Sub-Saharan Africa Compared with the Rest of the World http://siteresources.worldbank.org/INTAFRICA/Resources/Africa-factoids_hi-res_FINAL_Sept_9-2011_11.pdf
- Nigeria: Court Stops Federal Government from Implementing Subsidy Report at http://allafrica.com/stories/201207050380.html
- Saharareporters News: http://saharareporters.com/news-page/transparency-international-letter-president-goodluck-jonathan-threatening-lawsuit-its-glob posted May 2, 2012.
- Independent Corrupt Practices and Other Related Offences Commission paper Report No. XXX, NIGERIA: State Level Public Expenditure Management and Financial Accountability Review: A synthesis report – Anambra, Bayelsa, Ekiti, Kogi, Niger, Ondo, and Plateau January 2011 at p. ix; see also http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/04/09/000333037_20120409013221/Rendered/PDF/679340ESW0P1080IC0disclosed04050120.pdf
- Poverty Reduction and Economic Management, AFTP3 AFCW2 Africa Region
- Human Development Reports at http://hdr.undp.org/en/humandev/
- See Dictionary.com at http://dictionary.reference.com/
- Kevin Hassett, Does Economic Success Require Democracy, The American: The Online Magazine of the American Enterprise Institute at http://www.american.com/archive/2007/may-june-magazine-contents/does-economic-success-require-democracy
- UNODC, “Corruption” http://www.unodc.org/unodc/en/data-and-analysis/statistics/corruption.html
- “Quiet Corruption” Undermining Development in Africa” at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/AFRICAEXT/0,,contentMDK:22501207~pagePK:146736~piPK:146830~theSitePK:258644,00.html
- AFRICANA AGE Benjamin Talton, “The Challenge of Decolonisation” at http://exhibitions.nypl.org/africanaage/essay-challenge-of-decolonization-africa.html
- Elawresources: http://www.e-lawresources.co.uk/Volenti-non-fit-injuria.php
- Military Coups In Africa–The African “Neo-Colonialism” That Is Self-Inflicted AUTHOR Major Jimmi Wangome, Kenya Army CSC 1985 at http://www.globalsecurity.org/military/library/report/1985/WJ.htm
- Sudan Tribune: “South Sudan: Activist Found Beaten Into a ‘Coma’ After Disappearance” http://allafrica.com/stories/201207090702.html
- BBC News Africa, “Former Nigerian Governor James Ibori Jailed for 13 Years” http://www.bbc.co.uk/news/world-africa-17739388
- Nigerian News, “Diepreye Alamieyeseigha, Former Governor Of Bayelsa State’s Assets Seized By US” http://news2.onlinenigeria.com/headlines/175383-diepreye-alamieyeseigha-former-governor-of-bayelsa-state-s-assets-seized-by-us.html
- “Corruption: We need the Chinese treatment- Alli” at http://tribune.com.ng/index.php/politics/43806-corruption-we-need-the-chinese-treatment-alli
- Phil Tam-Alalibo, “So Tafa Balogun is a free man?” at http://www.onlinenigeria.com/articles/ad.asp?blurb=201
- The petition was first published by Saharareporters see http://saharareporters.com/news-page/peter-odilis-perpetual-injunction-justice-buba-queried-njc
- “Corruption: We Need the Chinese Treatment – Alli” at http://tribune.com.ng/index.php/politics/43806-corruption-we-need-the-chinese-treatment-alli
- Cap 56, LFN 1990; see http://www.codeofconductbureau.gov.ng/
- See Yushau A. Shuaib, “Rationalisation and Anti-Corruption Agencies” at http://tribune.com.ng/index.php/commentary/42629-rationalisation-and-anti-corruption-agencies
- “No to EFCC, ICPC merger” Rachel Fola, Lagos at http://www.thenationonlineng.net/2011/index.php/editorial/letters/44023-no-to-efcc-icpc-merger.html
- S. 1(3) Code of Conduct Tribunal Act Chapter C15.
- Ibid at S. 1(2) (a)-(b).
- Nigerian Tribune Online: “Osundare, Awolowo, Bakare warn against danger posed by corruption” http://tribune.com.ng/index.php/news/43917-osundare-awolowo-bakare-warn-against-danger-posed-by-corruption
- Group Sues Code of Conduct Bureau Over Jonathan’s Assets Declaration at http://saharareporters.com/press-release/group-sues-code-conduct-bureau-over-jonathans-assets-declaration
- Supra at note 11.
- Suit No: FCT/HC/CV/1321/2002
- See The Sunnewsonline, “There is Corruption in the Judiciary” at http://www.sunnewsonline.com/article/there-corruption-judiciary-mukhtar-first-female-cjn
- The World Bank, “Quiet Corruption Undermining Development in Africa” http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/AFRICAEXT/0,,contentMDK:22501207~pagePK:146736~piPK:146830~theSitePK:258644,00.html
- Vanguard, “Pension scam and the faces of corrupt officers” at http://www.vanguardngr.com/2012/04/pension-scam-and-the-faces-of-corrupt-officers/
- The World Bank, ibid.
- “Nigeria’s Police Chief Vows to Crack down on Corruption” at Christian Science Monitor, http://www.csmonitor.com/World/Africa/2012/0214/Nigeria-s-new-police-chief-vows-crackdown-on-corruption
- “Nigeria: Police Force Is Corrupt, EFCC Not Sincere – U.S.” at AllAfrica online, http://allafrica.com/stories/201205270236.html
- Council of Europe Resolution 97 (24) at https://wcd.coe.int/ViewDoc.jsp?id=593789
- Council of Europe (1999), Criminal Convention on Corruption, CETS 173 at http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=173&;CM=2&DF=12/07/2012&CL=ENG
- See Council of Europe, Treaty Office, CETS 174 at http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=174&;CL=ENG
- Council of Europe, Treaty Office, CETS at
- Department of International Law, OAS, Multilateral Treaties at http://www.oas.org/juridico/english/treaties/b-58.html
- See Working Group on Bribery in International Business Transactions at http://www.oecd.org/dataoecd/11/40/44176910.pdf
- See http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf
- 81st/82nd Council Sessions and 101st/102nd Council Sessions respectively. See http://www.wcoomd.org/files/1.%20Public%20files/PDFandDocuments/Declarations/Revised_Arusha_Declaration_EN.pdf