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.

CategoriesACSR

International NGO Coalition Urges Nigeria to Appeal Shell & Eni Court Ruling

Following the release of the full judgment in the criminal trial of Eni, Shell and others for international corruption related to the acquisition of the OPL 245 oil field in Nigeria by the Milan Tribunal where defendants were all acquitted in March 2021 as the tribunal ruled that they had no case to answer, international anticorruption groups led by Global Witness, HEDA, Re:Common and Corner House have asked the Nigerian Government to appeal the against the judgement which, if allowed to stand, creates a terrible precedent for the global fight against corruption and the ability to hold fossil fuel companies to account. The judges ruled that even “proof of the unlawful payment or the unlawfulness of the act are not considered sufficient, even jointly, to constitute proof of the offence of domestic or international bribery”. The judges found that “demonstration of the agreement between the parties” on corruption was required. In the judges’ view, no evidence of such an express agreement was found. Commenting on the judgment, a spokesperson for campaign groups Global Witness, HEDA, Re:Common and Corner House said: “The judgment lays bare the stinking carcass of the OPL 245 deal. Many will be mystified by the conclusions drawn by the judges. The bar they have set for a conviction for international corruption is impossibly high – presenting companies with a “get out of jail free” card. We urge the public prosecutor to appeal this judgment, which, if allowed to stand, creates a terrible precedent for the global fight against corruption and the ability to hold fossil fuel companies to account.” In their full judgment, the judges expressed concerns about the movement of nearly half a billion dollars into cash from the deal, stating “that the amount of untraceable money, moved in the manner described is circumstantial proof of the generically illicit nature of the payments derived from the from the proceeds of OPL 245, it is not, however, possible to agree with the conclusive assumption that a large part of that sum cash – if not all of it – ended up in the hands of the Nigerian public officials who made possible the illicit agreements on OPL 245.” The judges found that the money from the OPL 245 deal went to Dan Etete, a former oil minister who while in office awarded the block to Malabu, a company he controlled. The judges also ruled that Nigeria’s Attorney General Mohammed Adoke did receive money from the OPL 245 deal. However, the judges found that the money may have represented payment of a prior debt owed by Etete and that there was no evidence of a corrupt agreement. Adoke has denied wrongdoing and says the payment was as part of a property transaction with Abubakar Aliyu who has also denied wrongdoing, neither were defendants in the Milan trial. The groups said they would be examining the judgement closely to see how it aligns with international anti-corruption standards. The expiry date for Shell and Eni’s license to explore the OPL 245 block has now passed. No approval has been authorised by the Nigerian government for the block to be developed.

CategoriesACSR

Nigeria Ranked 5th in Property and Money Laundering as Diezani Leads the Ring

Nigeria has been ranked ranks fifth among countries with the most politically exposed persons involved in real estate money laundering schemes in the United States, according to an American think-tank, Global Financial Integrity which focuses on illicit financial flows, corruption, illicit trade and money laundering in a report tilted: “Acres Of Money Laundering: Why American Real Estate Companies are the Dream of the Kleptocracy.” Mexico leads the world political class that hides its illicit profits abroad, along with Venezuela, Guatemala, and Malaysia. The report shows an analysis of 125 cases by Global Finance Integrity, which includes Nigerian government officials with an estimate that between 2015 and 2020, at least $2.3 trillion was laundered in the United States real estate sector, including acquisition of personal assets like art, jewelries, and yachts which cost a fortune. The case of former Nigerian Minister of Petroleum Resources, Diezani Alison-Madueke, and her business associates Kolawole Akanni Aluko and Olajide Omokore acquiring assets in Manhattan, California, and London through profits gained from selling Nigerian crude oil to third party oil trading companies is an example of Nigerians buying the most properties inthe United Statesto launder money, the report cited. According to the report, through this scheme, Madueke and her coconspirators acquired over US$1.5 billion in profits that were then laundered into real estate, yachts, aircrafts and jewelry. In a 2017 forfeiture complaint, the Department of Justice (DOJ) sought the forfeiture of US$144 million in assets, including two condos in Manhattan, two property in California, property in London and an estimated US$80 million luxury yacht acquired by Aluko in 2012. These numbers did not include the 80 property Madueke had also acquired in Nigeria. Global Financial Integrity in the report provided five cogent reasons why criminals choose real estate as their preferred money laundering means: “The value of real estate is generally stable and appreciates over time. This allows criminals to accumulate wealth while erasing its nefarious origins; real estate transactions – both commercial and residential – are subject to limited oversight. This makes it easy to hide ownership of these assets while at the same time being able to flaunt in plain sight the evidence of ill-gotten wealth; real estate can be used to turn an initially illicit investment into a legitimate income-generating enterprise through rentals or property development; “Increased scrutiny over the ownership and use of bank accounts has meant that criminals have to find new ways to hide their money; and by safeguarding wealth in assets where ownership interests are hard to trace, criminals can protect their wealth from asset recovery efforts in their home jurisdiction, whether from legitimate authorities or the next usurper to grab power.” The report concluded that the US government needs to adopt a more robust approach in addressing the issue, including requiring real estate agents to identify the beneficial owner of a residential real estate purchase and making legal professionals the lead reporting entity for identifying money laundering risks in commercial real estate transactions.