Curbing Corruption In Nigeria: Exploring Alternative Strategies

By

Madaki O. Ameh

PREAMBLE

The problem of corruption in Nigeria has assumed embarrassing dimensions.  Successive Nigerian governments have always been insincere about their commitment to the fight against corruption, even as the vast majority of Nigerians wallow in abject poverty and want, while government officials, whose legitimate emoluments are low, bestride the Nigerian terrain like Colossus, parading their wealth and purchasing whatever catches their fancy with stolen public funds. 

This problem which assumed current dimensions since the military incursion into Nigeria’s politics, has continued unabated and left in its wake, a long line of wealthy and affluent people, with new members eagerly waiting to join their ranks with every change of government, whether military or civilian.  It is a recognised fact in Nigeria that the shortest cut to wealth and influence is through a government appointment.  People therefore scramble for government appointments and elective offices without any show of candour, and are prepared to do anything possible to achieve this end.  This accounts for the do or die manner in which elections are pursued, and why electoral fraud will take a while to become a thing of the past in Nigeria.

So grave is the problem of corruption in Nigeria that about 8 years ago, the Catholic Church, at its annual Catholic Bishops Conference, composed a special prayer against bribery and corruption in Nigeria, which is still recited today at most masses.   When on assumption of office in 1999, President Olusegun Obasanjo declared corruption as one of the main evils his administration would tackle, many saw this as God’s divine answer to the prayers against bribery and corruption the Church had offered to God for many years.  However, the sluggish and haphazard manner that ‘war’ has been waged for the past six years has left many disillusioned, and in their usual manner, Nigerians have thrown up their hands in despair, and written off Obasanjo’s anti-corruption crusade as one of those rhetorics designed to give legitimacy to his government, especially in the international arena.

And the sceptics have been proved largely right, with the earth shattering revelations which have been made in the last few weeks on the monumental scale of corruption in this administration, which has shaken it to its very foundations. This trend threatens to worsen in the coming days, as the mud slinging game continues, and everyone potentially in its path is docking for cover, hoping that the ill wind will soon pass away, and everything will go back to business as usual. Before now, any attempt to draw Obasanjo’s attention to the monumental corruption in his administration has been met with an arrogant dismissal of such allegations with a wave of the hand, in his usual all-knowing and messianic fashion.  Some of the persons now caught red handed in the stealing game have been given national honours by President Obasanjo while allegations of corruption against them were pending, to underscore his arrogance.

This writer strongly believes that this is not an ill wind, but a good wind, and that it will continue to blow until Nigeria becomes a good country of our collective dreams.  The vast majority of Nigerians are good and decent people who desire the very best for their country, but we have been really unlucky to have saddled ourselves with probably the worst crop of leaders that any country can ever have.

By taking up the current battle against corruption, President Obasanjo has assumed a responsibility far beyond him, and will be used as the divine tool to cleanse Nigeria of its many ills, even if that process will consume the President himself.  Questions are already being asked openly in the press about financial improprieties of high and mighty public officials, who were seen as untouchables and above the law a few weeks ago, including members of the President’s family and the President himself. Such questions include the source of funds for the President and the Vice President’s reported private universities, currently said to be under construction in different parts of the country, and the recent report by the BBC on the President’s declaration that he earns about N30 million from his Ota farm monthly.  People are interested in knowing whether this income has been declared to the Nigerian tax authorities, since it is from a business, and has nothing to do with the presidential income which is tax exempt, and whether this upsurge in the fortunes of the Ota farm has always been there, or arose after Mr. President assumed office in 1999, and what his market outlets are, as other farmers are willing to learn from Nigeria’s foremost farmer.

In this cleansing exercise, there must be no sacred cows, and no allegations should be dismissed with a wave of the hand, or by usually overzealous government officials. This is already being done in respect of the allegation of having $22 million in a US account against Gbenga Obasanjo, the President’s son.  To show that they are above board and not chasing others in order to divert attention from themselves, all such allegations must be subjected to the same level of investigation, to give the corruption fighters the required moral high ground to fight on and change Nigeria for the better. President Obasanjo should learn from the recent experience of the UN Secretary-General Kofi Annan, who, when faced with a similar moral crisis in respect of his son, allowed due process to prevail and for the matter to be fully investigated.

In addition to the conventional approaches to addressing this problem, this writer suggests some other ways of tackling the hydra headed problem of corruption in Nigeria, in the hope that an enduring institutional structure would emerge in the fight, rather than the current haphazard efforts, which are clearly unsustainable.

PSYCHOLOGY OF CORRUPTION

Corruption thrives in Nigeria, largely because the most basic things of life are not immediately accessible, and the fear of poverty drives people in positions to ensure that, not only do they liberate themselves from the menace, but also store up enough for their generations yet unborn.  Like all demonic instincts, once they start, they do not know where to draw the line, leading to depraved situations like the one the immediate past Inspector General of Police, Alhaji Tafa Balogun is undergoing, involving 70 counts of stealing and laundering over N13 billion during his short tenure in office. 

In addition to the above, pressures from relatives, friends, and even adversaries, make it compelling for those in government positions to steal as much as possible before their tenures expire.  People blame those who, when they were there, did nothing for themselves and their families and retired in penury.  The legendary neglect of pensioners in the public sector in Nigeria makes the prospect of retirement a frightening one indeed, coupled with the fact that legitimate public sector salaries and emoluments are so low that it is virtually impossible for a public servant who is not corrupt to own a house, or afford a decent standard of living, whether in or out of office.  The fact that those who steal and live flamboyant lives are not caught and punished also makes a mockery of those who, due to their self-imposed moral standards, have to go begging the corrupt ones to ensure that they don’t starve to death in retirement.

In view of the above, it is imperative that, to adequately address the problem of corruption, the sociological framework within which it thrives must be addressed, to make it both risky and unattractive.  This approach informs the following suggestions on practical ways of addressing this problem once and for all.  In view of the complexity of the problem, addressing it effectively will involve a mixture of measures, as there can be no stand-alone approach.

1.      SHAMING THE PERPETRATORS

In a recent discussion with a friend, he suggested something that occurred to me to be very original and worthy of implementation.  This process involves immortalising the names of corrupt public officials by using funds recovered from them to set up infrastructure projects, which are thereafter named after them in a negative manner.  The idea is that as soon as they are prosecuted and convicted, the money recovered from them should be used for a road, a hospital, school, or such other project of national significance.  Bold signposts, with the person’s pictures are then erected around the project, with inscriptions to the effect that the project was executed with stolen funds recovered from Mr. XYZ.  As part of the implementation process, a law would have been passed by the National Assembly, making it severely punishable to tamper with any of such signposts, which will be regarded as national monuments and regularly maintained.  Where the amount recovered is relatively small and unable to complete any infrastructure project, it should be used to procure text books and exercise books for distribution to students in primary and secondary schools, with the inscription that the books were printed with stolen funds recovered from named public officials.  That way, at a very early age, the students will get to know that it does not pay to steal public funds.

To allay fears that this may be misconstrued and turn corrupt officials to celebrities of sorts, a variant of it is to build a national cenotaph of dishonour, preferably at the Federal Capital, where the names of all Nigerians convicted of corruption charges will be engraved, for posterity.  Future generations of Nigerians would be able to refer to this cenotaph in the discussion of this vexed subject, and the list will continue to grow as more persons are convicted.

Since one of the objectives of corrupt officials is to acquire a larger than life stature within their communities and outside it, they would have achieved that objective, but forever ruined their reputation and that of their families, and the shame of it will hang on them and members of their families for generations to come, and prevent them from ever again aspiring to hold public office.  It will also act as an effective deterrence to others.

2.      REFORM OF THE CRIMINAL JUSTICE PROCESS

The above step will work effectively only if the criminal justice process is substantially reformed.  Since the shaming exercise will not be effective until after a conviction to protect innocent people from suffering the same fate as the guilty, the current slow pace of dispensation of justice in Nigeria will be a major hindrance.  To this end, it is suggested that special criminal courts should be set up to try corruption and economic crimes, to enable them dispose of such cases expeditiously.  Regular judges appointed through the normal process will preside over these courts, but their focus will be on such cases alone.  The current practice of adjournments, poor preparation by lawyers and other intrigues in the prosecution process makes it possible for criminals to escape or for the public to lose touch with the trend of the evidence, and for the cases to slip out of their view as one of those things.  The law setting up the courts should prescribe that cases must be disposed of within a maximum of three months from first arraignment, even if it implies adjourning such cases from day to day, as is done in other countries for high brow cases.  The Ministries of Justice at both the Federal and State levels should also be staffed by lawyers who are dedicated and trained for the prosecution of such cases, without having to saddle them with other assignments which could make them lose focus.  The press should also keep the public up to date with the proceedings.

Setting up special courts for this purpose will free up the time of the regular courts, which are currently overburdened, and also create a pool of experienced professionals dealing with this problem in a focused manner.  The problem of corruption is so endemic, and its impact on national development so significant that setting up special courts for it will not be too much of an effort, but will instil fears in the minds of potential suspects that, not only would they be caught, but the justice system is sufficiently robust to ensure that they are punished quickly, and this should serve as sufficient deterrence.

3.      REFORM OF ICPC AND EFCC

At the moment, the ICPC and EFCC appear to be duplicating efforts, with no clear definition in their roles, and therefore, no clear focus in prosecution of corruption and economic crimes.  The ICPC has not been very effective since inception, and the EFCC, which appears to be more result oriented in its approach, is hamstrung in its efforts, as they have to hand over cases investigated to the ICPC for prosecution.  This is a duplication of roles, which adds no value to the process, but only serves to create delays and avenues for criminals to escape justice. 

It is therefore suggested that either the ICPC should be scrapped and its functions transferred to the EFCC, or the ICPC and the EFCC should be merged to form the Economic, Financial Crimes and Corrupt Practices Commission.  This Commission should be adequately staffed, funded and empowered to carry out extensive investigations into all facets of economic crimes, both within and outside Nigeria, and to prosecute such offenders in a timely and focused manner.  This Commission should network with international agencies and governments, and mount pressure on them to make information available on past and serving government officials, to enable them effectively discharge their functions.  The growing intolerance by the international community for corruption in Nigeria and the rest of Africa may well be a springboard on which the Commission can anchor its renewed efforts.

States should also be required to set up their own Commissions with similar roles and responsibilities, to address corruption cases at State and Local Government levels, with special courts.  This will ensure that corruption cases are not only given prominence when they occur at the National level as is currently the case, when there is also a lot of corruption going on at the other tiers of government.

4.      REFORM OF THE BANKING SECTOR

Banks are an important institution in the effective fight against corruption and other financial crimes.  In other countries which are serious about addressing such issues, the banks are required to provide unfettered information to the authorities on transactions in private and public accounts kept with them, to alert the authorities on suspicious transactions which require to be flagged and create avenues for investigation.  Large transactions, withdrawals and transfers to and from accounts, are reported to both the tax and financial crime authorities, to enable them investigate as appropriate.  A man who can pay hundreds of millions of Naira to buy government houses should be able to say how he makes his money, and how much taxes he has paid to the government in prior years from such income.  These are standard enquiries made in all decent societies, and Nigeria should not be an exception.

It is a well known fact that corruption in the public sector is fuelled by connivance from the private sector, through fronting for public officials and providing a safe haven for stolen public funds in the banks and other financial institutions.  Any form of collusion should be fully investigated, and all the culprits and accomplices brought to book, whether they are serving government officials or not.   

The current process of consolidation in the banking system should, in addition to streamlining the number of banks and making them bigger and stronger, also put an effective system in place to discourage cash transactions, and enhance payments by cheques, debit and credit cards, and other non cash methods as is prevalent in other modern economies.  The Ghana Must Go (GMG) syndrome will disappear if large cash withdrawals from bank accounts become impossible through effective banking regulation and all transactions become traceable and auditable within the banking system.

5.      REFORM OF THE BUDGETING PROCESS

The annual ritual of Nigerian budgets has always been a source of grave concern to many informed Nigerians.  The time and efforts spent on preparation, justification, debates at the national and state assemblies and eventual signing into law of the Appropriation laws are all aimed at giving credibility to a highly flawed process, devoid of checks and balances.  The Osujigate scandal in recent weeks has finally put paid to any form of credibility Nigerian budgets can pretend to have, as it has become obvious that the budgeted  amounts are only there on paper, and after the approval, can be spent in any manner government officials and their accomplices want.  The more the national budget increases, the less services the government delivers to the populace.  At the end of the year, there is no reconciliation between budgets and actual expenditure, as is done in other civilised countries and the organised private sector. This leads to a situation where the country learns nothing from its prior year experience in budgeting, always starting on a clean slate, and usually reporting deficits, meaning that the government spent more than it projected, without anything to show for even the originally projected expenditure, not to talk of the additional one.

It is suggested that rather than remain a ritual as is currently the case, pains should be taken to incorporate accountability into the budgeting process, by making it a precondition for approvals of current budgets, a line by line account of how the prior year budget was spent in implementation of the listed programmes and activities, which should be subjected to a transparent audit process.  This ensures that the same projects are not budgeted for, year in, year out, and that Ministers and other public officials don’t have to bribe members of the legislature to inflate their budgets, as has been recently revealed, a phenomenon that has always been with us in past budget exercises. 

The work of the Due Process Office, which seeks to check inflated contracts and other government expenditure, should be strengthened and spread to all tiers of government, as it is very well known that one of the major tools sustaining corruption in Nigeria is the inflation of contracts.  Competitive tendering for all government projects should be the strict norm rather than the exception, and even after the tendering exercise, such estimates should be double checked to eliminate or drastically reduce collaboration.  The identities of shareholders and directors of companies which execute government contracts should also be routinely declared as part of the bidding exercise, to throw up issues of conflict of interest of serving government officials and their cronies.

6.      ESTABLISHING A PROPER REWARD SYSTEM IN THE PUBLIC SERVICE

The current reward system in the Nigerian Public Service is largely hypocritical.  In a highly materialistic society like Nigeria, it is a mirage to expect that public servants will be insulated from the expectations of society, where, after some years of service, one is expected to possess some basic things in life, like a car, a house, and sufficient income to pay school fees of his children in private schools, especially in the face of the total collapse of the public schools system, and other needs of the extended family.  At current legitimate income levels, public servants cannot honestly expect to measure up to societal expectations, no matter how hard they work.  The absence of a performance driven bonus system in the public sector also does not encourage public servants to go the extra mile, as their entire legitimate expectation is their often delayed salaries at the end of the month. 

In view of this, it is suggested that a performance based reward system be put in place in the public service, to enable public servants legitimately aspire to own the assets required of them by society.  This should be driven by achievement of tasks and targets set at the beginning of the year, and regularly reviewed and transparently evaluated.  Rewards for meeting and exceeding targets should include ownership of houses, cash incentives, and promotions, depending on the level of achievement and the category the staff belong to.  This approach is popular in the western world, where the government is a very attractive and competitive employer of labour.

The advantage of this approach is that if public servants can see a legitimate outlet for achieving their goals in life through hard work, they will be hard pressed to take the illegitimate route of stealing public funds, when they know that they risk being found out, and having the full sanctions of the criminal justice system visited on them.  This carrot and stick approach will go a long way in driving home the required positive behaviour, and gradually change the psyche of the average public servant for good.

CONCLUSION

The above suggestions are by no means exhaustive, and may well require a lot of detailed study prior to implementation.  It is however the firm belief of the writer that if consistently applied, they will go a long way in providing an outlet, if the current anti corruption posture of President Obasanjo is to be sustained.  The need to do something drastic about corruption now cannot be underscored any more than the consistent refusal of the international community to grant debt relief to Nigeria until they show a commitment to addressing the problem of corruption in an effective manner.  And who can blame them?  This writer believes that Nigeria does not deserve any form of debt relief at this time, if a single individual can embezzle the sort of funds being revealed by recent happenings, as this confirms the position of the creditor countries that Nigeria has the ability to pay.  After all, most of those spurious debts were incurred by Nigeria, only to be embezzled by the same people who have been mismanaging the affairs of the country over the years.  Debt forgiveness would therefore not result in any relief to the average Nigerian, but only ensure that those who stole the borrowed funds have taken it for free. ______________________________

**Madaki O. Ameh, a lawyer, is currently a Chevening Scholar at the Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee, Scotland, U.K.