CategoriesAnti-corruption Articles

The International Anti-Corruption Court and the International Campaign to Establish It

THE PROBLEMGrand corruption – the abuse of public power for private gain by a nation’s leaders (kleptocrats) – is amajor barrier to responding effectively to pandemics, fighting climate change, mitigating refugee crises,promoting democracy and human rights, meeting the UN Sustainable Development Goals, establishinginternational peace and security, and securing a more just, rules–based global order.Grand corruption does not endure due to a lack of laws. The 189 parties, including 181 countries, to theUnited Nations Convention Against Corruption (UNCAC) each have laws criminalizing major forms ofcorrupt conduct. Yet kleptocrats enjoy impunity because they control the administration of justice in thecountries that they rule. An International Anti–Corruption Court (IACC) would, therefore, fill the crucialenforcement gap in the international framework for combatting grand corruption. DOWNLOAD PDF FILE TO READ MORE

CategoriesACSR

Mobilizing citizens to investigate corruption and demand government action in Nigeria

This report is part of a series of D4A outputs including a scoping report for Nigeria; landscape reviews for Nigeria and Colombia; notes about donor collaboration in Nigeria and Colombia, and GI’s role as a learning partner; pieces drawing lessons from the work in Nigeria (this report) and Colombia, and a note reflecting on the implications of these findings for future donor investments. The report condenses lessons from the D4A initiative in Nigeria, using evidence from a collaboration with the Human and Environmental Development Agenda (HEDA) and the Public-Private Development Centre (PPDC) in projects related to the use of data for accountability. HEDA’s project focused on fostering collaboration in carrying out and following through investigations into stolen public wealth and assets, while PPDC’s project focused on improving procurement data publication and use. Both projects were effective, to different extents, in promoting increased data use by target audiences which included government, civil society, and media. Their approaches enabled the use of data by: understanding the interests and needs of their audiences; providing tailored support to existing initiatives; and incentivizing collaboration among different audiences. You can download the full report here:

CategoriesACSR

Illicit Financial Flow & Gas Flaring as Albatross to Nigeria’s Climate Change Response

As the world once again gather, this time in Glasgow, Scotland, for the 26th Conference of Parties (COP 26), the UN Climate Change Conference which holds from November 1 to November 12, 2021, the African continent and indeed Nigeria needs a more strategic approach to make the best of the conference if it indeed will survive its climate change challenges. Put in the words of US climate envoy, John Kerry, this conference is “the last best chance the world has to come together in order to do the things we need to do to avoid the worst consequences of the climate crisis”. There are various tragic dimensions to Africa’s climate change phenomenon: historically and by the current per capita distribution, Africa is the least contributor to climate change; yet, Africa remains the theatre of climate change effects in terms of droughts, flooding, erosion, etc; the continent is the least able to cope with the reality of climate change and the most vulnerable given its economic and resilience situations. Although, no region of the world will be entirely spared by climate change, the negative impacts are likely to fall most heavily on nations in the tropical regions, even though historically the peoples of these regions are not responsible for the rise in global greenhouse gas levels. Despite contributing just 1.1% of global gas emissions, Nigeria will be one of those hardest hit. Indeed, communities throughout Nigeria are already experiencing the consequences of climate change-related drought, desertification, flooding, land degradation, declining freshwater resources, loss of biodiversity, polluted air and crop failures. If action is not taken to curb greenhouse gas emissions, scientists warn that coastal cities such as Lagos and much of the land in the Niger Delta could be lost to storm surges and flooding. Those most at risk are the poorest communities. Even though it is a problem, climate change also comes with opportunities, but the real business and financing of climate change is not coming to Africa. Rather, the continent loses both its natural resources and the credits it ought to get from it. Yet, developed countries are not providing Africa with the promised support based on the commitments to the Green Climate Fund and the commitment of Annex 1 Countries to Non-Annex 1 Countries.  

CategoriesACSR

IACC: Groups give nod for the Institutionalization of International Anti- corruption court

In March, HEDA held a one day hybrid Conference on Int. Anti-corruption Court- IACC, and its Partner -Integrity Initiatives International (III) with the Support of MacArthur Foundation. With the theme: “Instituting International Anti-Corruption court: Issues, Challenges & Opportunities for Engagement”,  dozens of experts, state actors and top professionals from across the world virtually and physically agreed that Institutionalising the international Anti-corruption court is a way forward towards waging war against the monster. Chairperson, Dr. Oliver Stolpe, United Nations Office on Drugs & Crime (UNODC) Representative in Nigeria and other stakeholders across board were of the view that the level of damage Corruption – Particularly in Africa and the damage has wrought in every sphere of human endeavor, including the emotional psychological part of man I’d becoming unbecoming. “All hands must be on deck to “size and keep corrupt persons where they belong to” – in jail, after recovering all. The affirmed. Foreign Participants maintained that Nigeria could not afford to lag as other countries are pushing expeditiously to support the Institutionalization of IACC. “Nigeria like many other African countries  have been suffering of “Resource curse”  due to the kpletocratic of few individuals who runs the affairs of the country politically and economically. “The essence of establishing IACC was to fill in for huge gap for the Promotion of integrity, reduce kpletocracy behavior and end impunity, hence, many- countries gearing up towards IACC”. They agreed that IACC was long overdue. Thus, it requires more campaign, advocacy and other support. The aim was to restore moral sanity in the body polity/ Society. Some Participants believe that anyone against this move must be a sadist. “As a global phenomenal (but endemic in Africa) every responsible government in Africa was expected to shun ego & selfish political interest and take the lead for IACC, if not; the future will be difficult for them in terms of managing budgets and public resources. Achieving the SDG by 2030 would be a mirage if we do not end corruption. And as we all know, if we do not kill corruption, the monster will most definitely ruin us,” they agreed. HEDA (being an unapologetic & permanent enemy of bad governance), its chairman, Olarenwaju Suraju, reaffirmed its commitment to take the conversation a step further. Called for cross fertilisation of Ideas, synergy, collective expertise and resources (intrinsic and extrinsic) to see this project to fruition as a matter of top priority. Some key recommendations: To address the challenges of implementation facing anti-corruption laws and frameworks across developed and developing nations, countries across the globe should support the establishment of an International Anti-Corruption Court (IACC) to fill the huge gap in the global institutional or international framework for enhancing integrity, reducing kleptocratic behaviour and ending impunity. For Africa to be able to effective combat corruption, State parties should show more political will towards implementing the African Union Convention on Preventing and Combating Corruption (AUCPCC). While the IACC will be very different from the International Criminal Court (ICC) as well as other international courts or similar institutions, it should learn actively from the ICC as well as other international courts, ad-hoc tribunals or individuals who have worked in similar institutions to ensure a robust institution. Quotes: “The only thing necessary for the triumph of evil is for good men to do nothing,”

CategoriesACSR

Stronger Anti-Corruption Policies Needed to End COVID-19 Pandemic

An intensified fight against corruption at all levels is needed for Nigeria to bring an end to COVID-19 pandemic, participants at a one day Anti Corruption Situation Room (ACSR) meeting organised by the country’s leading anti-graft group said on Saturday. In their resolution at the end of the one-day summit organised by Human and Environmental Development Agenda, (HEDA Resource Centre) the groups said  Nigeria is confronted with a twin problem of ending COVID-19 spread and also dealing with the dangerous economic and social fallback which includes dwindling national resources, loss of jobs and weakened capacity of government institutions to provide social services adding that the only way out is for Nigeria to end corruption. The resolution at the end of an audio-visual meeting for 60 participants across the country and abroad urged all Nigerians to push all tiers of government to bring corruption, waste and ineptitude to an end as the surest way to guarantee sustainable development. The event was the 19th Anti-Corruption Situation Room themed “COVID-19 Pandemic and the Necessity of Comprehensive Social Security in Nigeria: Focusing on the Health Sector” organised by HEDA Resource Centre with the support of UKAid, Upright Nigeria and the MacArthur Foundation among others. The meeting was presided over by the Dean Faculty of Law, University of Lagos, Prof Ayo Atsenuwa. The resolution made available by HEDA Chairman Mr Olanrewaju Suraju stated  ‘We must begin to interrogate what happens to Nigerians in the post COVID-19 era. It is certain that most countries including Nigeria may go into economic recession. People will lose their jobs. The wealth of individuals and the states will be badly affected. Available resources for states will reach an all time low. The saving grace is to work towards a transparent and open society where corruption will be a thing of the past. Without fighting corruption, the situation will be worse. Poverty and the number of poor people will increase which will threaten stability and overall development of the country” The participants drawn from Nigeria and abroad called on the Federal and State Governments to ensure a people-driven budget process that will place emphasis on the essentials of life. “We urge the Federal and State Governments and relevant institutions to strengthen the economic and social safety nets which includes provision of social insurance, primary health care and investment in agriculture to meet the essential needs of the people. The participants called for a National Strategic Initiative that will tackle corruption at all levels, enhance greater budget monitoring and performance and create the framework for improved funding of publichealth. The participants lamented the state of public health which includes poorly equipped public health institutions and lack of protective garments for health workers. They frowned at ceaseless investments of Governments  in private needs of politicians and the tradition of waste associated with government and its political actors. The participants said fighting corruption must include a transparent electoral process that will produce only competent and efficient people committed to serving the people than working for parochial interests. Some of the participants were Executive Director, Women Advocacy Reseach and Documentation Centre, (WARD-C),Dr Abiola Akiode, Prof Shehu Abdullahi, MacArthur Foundation represented by Mr Dayo Olaide, and resource persons were former General Secretary, Nigeria Labour Congress (NLC), Comrade John Odah, Former UN Rapporteur, Prof. Joy Ezeilo, Former House Representatives Member, Dr  Okediran Wale, Former Lagos State Commissioner for Environment, Dr Muiz Banire, Prof. of Law at University of Kent, Prof Gbenga Oduntan and Dr. Magashi Garba and representatives of print and electronic media.

CategoriesACSR

Nigeria Loses Over N100b Yearly to Tax Related Corruption, Says Anti-Graft Group

Nigeria loses not less than N100b every year in tax related fraud, experts said at a conference organised by the country’s leading anti-corruption group said on June 12, 2021 at the 25th Anti-corruption Situation Room organised by HEDA Resource Centre held at Sheraton Hotel on Saturday in commemoration of the June 12, 1993 elections won by late Chief MKO Abiola and promises of that election to Nigerians. Professionals from different fields said tax manipulation and evasion by individuals and corporate organisations remain one of the most devastating sources of corruption in Nigeria. In his opening remark, Chairman, HEDA Resource Centre, Mr Olanrewaju Suraju said corruption remains a teething problem in Nigeria with grave consequences on political stability, poverty, lack of jobs, growing wave of violence and extremism urging Nigerians to work in unity to tackle corruption headlong. Some of the participating groups include but not limited to representatives of the Economic and Financial Crimes Commission, (EFCC), Code of Conduct Bureau (CCB), MacArthur Foundation, Open Society Initiative for West Africa, (OSIWA), Society for West Africa Internal Auditors Practitioners of Taxation of Nigeria, (CITN), Lagos Chambers of Commerce, Chartered Institute of Loan and Risk Management, (CILRN), Chartered Institute of Stockbrokers, (CIS), Justice Development and Peace Commission, (JPDC) of the Catholic Church, Nigerian Union of Journalists (NUJ), CACOL among others. “Corruption cannot be fought effectively unless Nigeria deals with tax fraud. Many individuals and corporate organisations evade or manipulate tax. They do this in collaboration with professionals like accountants and lawyers. Tax remains the only steady source of income. Unless there is a transparent tax regime, more than 100b will be lost by Nigerians every year to tax related fraud,” the participants said in the communique issued at the end of the day long event. Identified corruption patterns were illicit money transfer, bribery, electoral malpractices, sharp practices by professionals, increasing number of cyber criminals who are arrested everyday with deep concern for commensurate diligence prosecution of the suspects The participants said corruption remains one of the major obstacles blocking the uplifting of Nigeria to her required status as a great, dignified and prosperous country. “Corruption affects every citizen, young and old, men and women, physically challenged, children and youths, rich and poor, armed and defenceless people alike” the delegates said in the communique. They expressed deep concern about how corruption affects women and the girl child across the country either through exclusion, discrimination or sex corruption. The participants said they recognised the fact that the Nigerian government in the past years has done a lot in the fight against corruption, that such efforts included the implementation of policies like the BVN, Treasury Single Account, trial and conviction of high profile politically exposed persons, and many more. They noted that the country may not have arrived where she ought to be, but definitely not where she used to be. However, they  said in the communique that despite government efforts and the various anti-graft agencies, corruption remains a major problem confronting the country in all areas, leading to poverty, hunger, lack of jobs, extremism, violence, breakdown of family and societal values and the declining fortunes of Nigeria social, political and economic future. The conference was in partnership with the Technical Unit on Governance and Anti-Corruption Reforms (TUGAR), Premium Times Centre for Investigative Journalism, (PTCIJ), National Orientation Agency (NOA) and AFRICMIL “Nigeria has some 30m people with disabilities. There is a link between corruption and disabilities through poor health services like lack of access to efficient anti-natal care, lack of access to balanced diet, bad roads leading to accidents, increasing wave of violence and lack of protective government policies” the communique stated. In its recommendations, they urged the tiers of Government to enforce an effective tax system, taxation being the only sustainable source of revenue for the government regretting that many actors in the Information Technology sector, multinational companies and many individuals evade tax in Nigeria making tax fraud a big corruption scourge. The group said in any country where corruption thrives, development, growth, the Income Per Capital and the Gross Domestic Product (GDP) will diminish adding that there can be no genuine investments where corruption is dominant. The people and the Government were  urged to keep alive hope and the collective determination to defeat corruption in order to bring back Nigeria on a path of glory and renaissance. “The Presidency should sustain the political will in the fight against corruption while the people should discharge their rights and duties in fighting corruption in all strata through personal acts of discipline, respect for law and defence of the society’s moral heritage all required in the campaign to curtain corruption, promote transparency and accountability’ the group said in the communique Members of the Federal Executive Council were asked to faithfully embrace the President’s mantra of anti-corruption and transparency while the social units, the family, schools, faith-centres, peers and associations and law enforcement agencies should commit themselves to the campaign against corruption. The participants said fighting corruption effectively requires assets tracing, recovery and disposal which should be efficiently executed by the Federal Government with sincerity, transparency and accountability noting that the sub national actors have strategic roles to play in the fight against corruption, hence states and local governments should bring corruption to the front burner in their policy implementations. The participants said to fight corruption successfully in Nigeria, Professionals; lawyers, Engineers, accountants, auditors, journalists, builders, medical practitioners should discharge their obligations with the highest sense of transparency and accountability while Nigeria should strengthen law enforcement against tax evasion to ensure control and punishment for culprits in private and public sectors including actors in digital economy. The reports of the Auditor General released annually, according to the communique, should be constructively engaged by the National Assembly while all indicted MDAs should be referred for investigation by the anti-corruption agencies. The 36 States of the Federation were asked to emulate the example of Kano State by creating independent and effective institutional framework to fight corruption at the grassroots

CategoriesACSR

Adoke in Soup: Leading Anti-Corruption Group Sues Former Attorney General for Defamation, Demands N100m

Events continue to turn uglier for Nigeria’s former Attorney General of the Federation and Minister of Justice, Mohammed Adoke, (SAN) as foremost anti-corruption group has sued him for false and malicious claims which the group said tarnished its hard-earned image. In a suit filed at the FCT High Court in Abuja, the Human and Environmental Development Agenda, (HEDA) is asking Adoke to withdraw the malicious publications and pay N100m as damages. The suit is being instituted by HEDA’s team of lawyers led by renown human rights lawyer, Kunle Adegoke,(SAN). Adoke is the solicitor for the main suspects on the OPL 245 scam which saw Nigeria lose billions of dollars to corrupt officials in dirty oil deals. In the writ of summon, HEDA said attempts were being made to subvert the wheel of justice on the ongoing criminal trial of parties connected with the OPL 245 settlement agreement in Italy and Nigeria. The group said in the process of covering up dirty tracks, suspects in the high profile case resorted to blackmail and arm-twisting tactics targeting HEDA, which is leading the global campaign, and it’s leaders. The anti corruption group alleges injury and malice against HEDA and it’s leading officials. HEDA lawyers said the allegations in the said statements are injurious to the character, reputation and integrity of the organization and as someone who does not deserve to be credited with committing the offence of forgery or collusion with investigators and public prosecutors in Milan, Italy and Nigeria with the unlawful aim of procuring false documentary evidence for use in subverting the wheel of justice in the ongoing criminal trial of parties connected with the OPL 245 settlement agreement in Italy and Nigeria. HEDA claimed it authored the petition to the Economic and Financial Crimes Commission (EFCC), which spurred investigation that led to the prosecution of persons and entities amongst which is the Adoke The lawyers said Adoke is aware that HEDA did not forge the email dated 21st June, 2021 or the interview between Adoke and Ms.Carlamaria and neither did he collude with investigators and public prosecutors in Milan, Italy and Nigeria with the unlawful aim of procuring false documentary evidence for use in subverting the wheel of justice The group argued  that it was alarmed to receive several telephone calls and messages from his friends, professional colleagues, associates and well-wishers on the subject of the statements credited to Adoke by describing it and its official as committing the offence of forgery. He said many of his callers were human rights activists and members of the public who were deeply worried about threat to his integrity as well-known human rights activist and anti-corruption campaigner and thereby challenged his avowal to the tenets of HEDA as a human rights and anti corruption body and queried his capability to continue leading the organisation in its anti-corruption campaign. The summon claims that friends and partners of the HEDA Chairman, Mr Suraju Olanrewaju “were shocked by the allegations of Adoke in the statements, whom they had hitherto regarded to be an advocate of good governance. “As a matter of fact, some of the my friends could not fathom how the I could engage in activities causing embarrassment to the organization. Adegoke said on 1st April, 2021, that Suraju was invited by men of the Nigerian Police (IGP Monitoring Unit) and confronted with a handwritten statement of Adoke where he specifically named him as the person who forged the email dated 21st June, 2021 and the telephone interview alleged to have occurred between Ms. Carlamaria Rumor and the Adoke. “Suraju was grilled by the Police for upwards of about nine hours and still being investigated on the false allegations of Adoke till date.” He said the news of Suraju’s arrest and detention was circulated in all mainstream and online news media, wherein he was maligned and utterly embarrassed on account of the malicious publications. He said this prompted the threats he received from groups including oil giant, Eni. He said the reports were circulated worldwide. The lawyers aver that Eni certainly believed the allegations in Adoke’s publication and that it is upon this belief that it premised its threat. HEDA said the dust of lies peddled against the organisation has cast immeasurable aspersion on the reputation group and the standing of it’s leaders in the eyes of right-thinking members of society. He said through the false and heinous allegations of forgery, inflicted grievous damage on him and his organisation. HEDA insists that since the time of the publication, other well-meaning persons and organisations both locally and international have written to Adoke demanding that he should withdraw his false publication and tender an apology but he has blatantly refused. At the trial, HEDA said it will rely on the publication of the United Kingdom Anti-Graft Group, Corner House of 25th April, 2021 and HEDA’s publication of 27th April, 2021 respectively requesting a retraction by the defendant of his publication as published by several news outlets. HEDA is seeking a declaration that the publications were harmful The group is also seeking an order compelling Adoke to immediately withdraw the said publication and statements published worldwide on various national daily newspapers, mainstream and online news media and tender an unreserved apology in two national daily newspapers circulating all over the Federation He asked  the Court to compel Adoke to pay damages to the Claimant in the sum of NGN100,000,000.00 (One Hundred Million Naira) only as compensation for the reputation of the claimant that the defendant has put on the line maliciously.