Corruption: Noised promises and the eyes of structural responses
That Nigeria still roves within the wind of corruption and misgovernance is an understatement when perusal is given to the assessment of the quality of governance viz-a-viz the feasible parameters of experience in saner climes. It has become an albatross that the scourge of corruption has strangled the Country to the point of apparent financial bankruptcy where she finds it increasingly difficult to fund substantial projects without seeking for aid. Hence, the resort to borrowings has become the anchor of the Government, despite the apparent odds of the sustainability of the debt to revenue ratio.
While it is indisputable that the scourge of corruption predates the ruling President Muhammadu Buhari-led Federal Government, the lashings on the Administration has become so striking, and to a reasonable extent justifiable, given the elaborate campaign of its promise to sweep off the phenomenon of corruption from the Government space in the Country. The inability to bring its noised promise to pass has irresistibly borne the casting of strokes on the Government.
Early December, the Civil Society Organisations, Civil Society Legislative Advocacy Centre. (CISLAC) had berated the President Muhammadu Buhari-led government over alleged failure and throwing Nigeria into deep and widespread insecurity, unemployment, poverty and corruption, among others.
In a statement signed by the Executive Director, CISLAC, Auwal Ibrahim Rafsanjani, in view of the 2021 International Anti-Corruption Day-with theme ‘Your Right, Your Role, Say No to Corruption,’ the Advocacy Group had said “President Muhammadu Buhari’s failure to quickly tackle the legacies of misgovernance inherited after coming to office in 2015 and missteps by the administration has sunk the Country deeper into widespread insecurity, unemployment, poverty and inequality, voter apathy, corruption and impunity, extra-judicial killings and high-handedness among law enforcement and security agencies, and a widening distrust for government among citizens.”
Pertinent issues on which the Advocacy Group slammed the Buhari-led Administration bordered on not tackling challenges as expected according to its promises before getting into power. A statement containing the Group’s assessment had given notes of concern to the Government which read thus: “We therefore call on the Nigerian government not to see the 2022 Summit for Democracy as another photo-op, and instead roll up the sleeves to use the opportunity to mobilize partnerships and resources necessary to tackle corruption and impunity which currently pose the greatest existential threat to Nigeria. We call on the Nigerian government to commit to the listed issues: Address dirty money in Nigerian politics and public sector; The Nigerian government must immediately commit to the independence of anticorruption agencies and prioritize the fight to combat dirty money in politics.
The lack of independence for the anti-corruption agencies affects funding, appointment, tenure of office of heads of the agencies, and their operational independence. This affects the ability of the agencies to take bold actions against dirty money, despite actionable intelligence and financial data leaks like the recent Pandora papers report. These agencies find it hard to act on the illicit financial outflows. It is estimated that Nigeria loses about $18 billion annually.
The Group in its call had recommended that “the Nigeria government to Establish public, central beneficial ownership registers of legal entities and arrangements; Mandate and resource public authorities to establish mechanisms to independently verify the accuracy of beneficial ownership information provided by legal entities and arrangements; Require foreign companies investing in Nigeria to abide by the same beneficial ownership transparency requirements as domestic actors; Apply proportionate and dissuasive sanctions to companies and individuals in cases of noncompliance; Record and publish beneficial ownership information of companies awarded public contracts or concessions; Investigate the Panama, Paradise and Pandora leaks and publicly publish the reports.
“Regulate enablers of corruption: President Buhari to commit to addressing major corruption enablers but mandating the Central Bank of Nigeria (CBN), the Nigerian Financial Intelligence Unit (NFIU) and relevant anti-graft and law enforcement agencies to prioritize and ensure financial institutions and professionals as well as designated non-financial businesses adhere to existing Know Your Customer (KYC), Customer Due Diligence (CDD) as well as Enhanced Due Diligence (EDD) requirements to prevent the cross border flow of Nigeria’s resources through illicit means by politically exposed persons, business persons, religious bodies, private individuals and their collaborators.
“The Ministries of Justice and Foreign Affairs should work in cooperation with their international counterparts to ensure that global enablers/intermediaries like lawyers, notaries, accountants who help facilitate money laundering and tax evasion are sanctioned appropriately while stolen assets belonging to Nigeria are repatriated.
“Specifically, the government should commit to Extend anti-money laundering rules to all professionals and entities providing services bearing risks of money laundering; Require gatekeepers to identify the beneficial owners of their clients, including both domestic and foreign politically exposed persons (PEPs), conduct enhanced due diligence on high- risk customers and report suspicious transactions to competent authorities.
“Ensure adequate powers as well as technical, human, and financial resources for supervisory authorities, law enforcement and Nigeria financial intelligence unit to fulfill their responsibilities; Subject gatekeepers to dissuasive and proportionate sanctions, ranging from license withdrawal to monetary fines for noncompliance with anti-money laundering obligations. Sanctions should cover both legal persons and senior management.
“Support anti-corruption activists and whistleblowers; The Nigerian government must ensure that actions by state actors and non-state actors leading to the shrinking civic space as observed by the CIVICUS and Freedom House stop. The government must commit to defend whistleblowers, journalists, anti-corruption activists and human rights defenders.
“Specifically, the government should commit to support engagement with investigative journalists and civil society organizations for systemic change; Establish specific funds to support anticorruption practitioners such as whistleblowers; Develop a framework for public interest organizations to bring collective compensation claims on behalf of victims of corruption; Provide credible and well-functioning corruption reporting mechanisms that allow citizens and civil society organizations to report corruption safely and confidentially; Ensure that legislation regulating non-profit organizations does not restrict the capacity of civil society Human Rights Defenders (HRDs) to operate; Prioritize the passage and implementation of comprehensive whistleblower protection laws, in line with international standards and best practice, and ensure that whistleblower protection legislation is effectively implemented and enforced.”
An intensive perusal of the recommendations have on test of admissibility strength proven to be plausible as pragmatic solutions applicable in the quest towards addressing the scourge of corruption in the Country. It behooves the Federal Government to take a lead role to adopt these recommendation within a structural response formation for a systemic architecture against the long lasting scourge of corruption bewildering the Nigerian Federation. This will serve the present Administration good, given its noised commitment to fight corruption.
