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Monday 15 July 2013

Court rules on $15m Ibori bribe September 20

Justice Gabrael Kolawole of a Federal High Court sitting in Abuja will on September 20, 2013 deliver judgment on the ownership of the $15 million alleged bribe money of a former Governor of Delta State, Chief James Ibori, which is the subject of a legal tussle between the Economic and Financial Crimes Commission and the Delta State Government.

The Delta State Government is claiming ownership of the money allegedly given Ibori as bribe to stave-off arrest by a former Chairman of the EFCC, Mallam Nuhu Ribadu.

The EFCC had in July 2012 approached the court, through an ex- parte application, requesting for an order forfeiting the Ibori bribe, which had been lying in the vaults of the Central Bank of Nigeria for more than five years, to the Federal Government as unclaimed proceeds of crime.

Following the application, the court on July 24, 2012 ordered the EFCC to publish an interim order of forfeiture in a national newspaper (Thisday Newspaper), alerting any one with claim to the said money to state such claims within 14 days.

Three parties, including the Delta State Government, indicated interest.
While the others have since abandoned their claim to the Ibori bribe, the Delta State Government has continued to pursue its claim.

At the resumed hearing of the case on Wednesday, the EFCC closed its case, urging Justice Kolawole to dismiss the claim by the Delta State Government to the $15 million and order the final forfeiture of the sum to the Federal Government, in line with the provisions of Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006.

It submitted that the Delta State Government’s claim to the bribe lacked merit as the same government had in 2007 instituted an action against the Commission and the Attorney General of the Federation, stating that Ibori should not be investigated and that the state had lost no money from its treasury.

“My lord, it is too late for the Delta State Attorney General to lay claim to this money because of his action where he instituted a case against the Commission, saying the governor should not be investigate,” Rotimi Jacobs (SAN) and counsel to the EFCC, stated.

Jacob went on to reveal that in paragraph 10 of the affidavit deposed in the said case by the Delta State Attorney General, it was stated that the state’s Accountant General, after a thorough investigation, had concluded that no money was lost and that they have no complaint of any missing money.

The EFCC counsel further averred that the Commission, having unequivocally stated that the money was given as a bribe and that no one has come up to claim ownership, Section 17 of the Advance Fee Fraud and Other Related Offences has given the court power to order the final forfeiture of the money to the Federal Government.

Source: dailypost

Sunday 14 July 2013

Corruption Becoming a Cultural Problem in South Africa

Corruption is always in the news, in fact it has become so common, that it is no longer surprising. It no longer shocks the sense, at least not for ordinary South Africans and the country is fast approaching a stage where no one will bother making noise about it anymore. A recent survey revealed that even the South African Police Service (SAPS), which is supposed to be fighting corruption, is perceived to be corrupt. On Thursday National Commissioner General Riah Phiyega launched an anti-corruption unit aimed at eradicating corruption within the SAPS.

In the years since independence, ordinary South Africans have been trying to build new lives, for themselves and for the generations to come- all things bright and beautiful, except it has proven to not be as easy as some initially thought. For those that break their backs to build the future, they have at some point encountered those that would not break their backs, but instead hold the keys to the gates of success of those that do and will charge a small fee for those who want to pass through. That fee is the much beloved bribe.

To grease the wheels on your way to success it has become almost acceptable, if not probable that some sort of corruption will take place. Unfortunately, the one who can pay the bribe is often not one of the back-breakers, but instead a short-cutter, who doesn’t have what it takes to do the job well. Public officials are bribed to approve certain business activities- they, that should be protecting the public and upholding up the standards of the country we are all trying to build, are putting us in the hands of those who simply want to take advantage of the system.

Corruption as we all know destroys the fiber of society, often milking those that cannot afford to be milked and yet can be found at all levels, in schools, businesses and government. The culture of corruption is an open secret for the world to see and while the country is on the global stage, displaying itself as a bright light on the continent- everyone knows what goes on when the lights go out and it could be crippling South Africa’s chances of bringing in major investors.

After the exuberance of winning a well fought independence, most African countries are left suddenly by their colonial masters and an incredible gap of business leadership is left behind. Into that gap, as often happens, is placed individuals who want their time to shine, who want what they believe they deserve after decades of suffering and toiling under unjust systems and they decide to pay themselves their dues- because they can, and not because they should.

Corruption has become a major culture, no one is shocked by it, as Finance Minister Pravin Gordhan has said “Corruption is becoming a cultural problem in South Africa. We need to fight the culture of corruption. A culture of easy money making and not having to think hard, work hard, be clever and find an innovative way of making money.” While gift giving is a central part of African culture, corruption has taken it to new levels. Levels that quite frankly are not acceptable on the global stage, the business environment on the continent might be new, but it will be held to the exact same standards as the rest of the world and it would be tragic if South Africa loses out on investors because certain individuals believe that “taking a bribe, isn’t really hurting anyone.”

Source: publicnewshub

Friday 12 July 2013

Bribery is not a cultural tradition

The human rights organization Transparency International published the annual research “Barometer of World Corruption”, according to which in 2013 the level of corruption grew in the world. 50% of interviewed respondents in Russia believe that the level of corruption in the country grew in last two years; 37% think that it increased significantly. 39% say that corruption in the RF remains at the same level. 79% of those interviewed think that corruption is a serious problem; only 1% don’t consider corruption to be a problem. 77% believe that the state acts ineffectively in the fight against corruption.

Russian citizens think that the most corrupt elements are bureaucrats and state employees – 92%; the police take second place with 89%. 84% of people don’t believe in the honesty of judges; 83% - in the honesty of MPs. 77% think that political parties are corrupt; 75% - healthcare workers. In a year, 49% of respondents bribed healthcare workers, 47% - educational sphere employees. Only 20% gave bribes to the police.

The majority of Russian citizens – 56% - don’t believe that ordinary people can effectively fight corruption. At the same time, 92% of respondents are ready to take part in the struggle against bribery.

“Corruption is a dynamic process. It extends and deepens,” member of the board of Transparency and International (Russia), Yuli Nicnevich, says. “There are some traditional things which used not to be considered corrupt. This only relates to Russia: in many African countries the tradition of giving a present, a tradition of foster care is a cultural tradition. But today a cultural tradition has turned into a corrupt scheme. This doesn’t mean corruption is a part of their culture. The story is the opposite. I will give you an example. In Soviet times there was a mechanism called “blat.” It means profitable connections. Today 70% believe that connections with representatives of power are very important. It is a transformation of “blat” into another form. Is this a cultural tradition? I don’t think it is a cultural tradition. It is an anti-cultural tradition. This is what the Soviet authorities imposed on society.

There was a time when experts thought that corruption at conversational level had some positive effect because it overcame bureaucratic barriers. Big studies were conducted showing that it wasn’t so. If we count all the costs, it will be more expensive than following a non-corrupt way. This should be explained to people.”

According to the deputy head of Transparency International (Russia) Antona Pominova, “corruption is an institutional problem. If we say it is cultural, it appears we are culturally closer to Somali and Congo than to Estonia and Finland. We think this is not true and the problem is in state institutes.”

“All countries can be divided into two big clusters,” Yuli Nisnevich says. “In some countries the state functions in the context of competition; when competition is gone, corruption replaces it. Unfortunately, Russia is a state where corruption is a foundation in various spheres.

Corruption is a dynamic process. It can start from something tiny and then extend and deepen. Almost all spheres are infected in our country. I don’t think it’s crucial whether the level grows or decreases, if we understand that the whole mechanism is based on corruption. People assess attempts at fighting corruption. Understanding that it is not a fight, but its imitation, has increased by 20%. We can confirm it. Granted the existence of untouchable people, corruption cannot be defeated.”

Source

Transparency International (TI) rates Nigeria 8th most corrupt

Anti-corruption watchdog, Transparency International (TI) has ranked Nigeria as the eighth most corrupt in its 2013 Global Corruption Barometer.

107 countries were surveyed. Others in the first eight on the corruption ladder are,  Zambia, Paraguay, Mexico, Zimbabwe, Venezuela and Russia, with Liberia and Mongolia tying at the top of the table.

In continental distribution, two are domiciled in Asia, four located in Africa, and three in Latin America.

Nigeria is also one of the largest in size and population on the list, alongside Mexico and Russia, with each having over 100 million people.

According to the report, “Certain transparency groups also blamed politicians for encouraging corruption. In 2012, Nigeria had just the 37th largest GDP in the world, despite having the world’s seventh largest population. In Liberia, the majority of Liberians surveyed said they believed the country was run either largely or entirely by a few entities acting in their own self interest.

“A world-leading 86per cent of residents who spoke to Transparency International claimed their government had been either ineffective or very ineffective at fighting corruption, while 96 per cent of residents claimed Liberia’s legislature was corrupt, also the highest percentage of any nation.
A stunning 75 per cent of residents surveyed claimed they had paid a bribe to secure some service, trailing only Sierra Leone.

“In all, 80 per cent  of the population had at one point been asked to pay a bribe. Recently, President Ellen Johnson Sirleaf fired the country’s auditor general for corruption. Many of those surveyed in the highly corrupt countries also felt their governments were not holding up their end of the bargain.

“In seven of the nine countries, more than half of those questioned felt their government was ineffective at fighting corruption. In Liberia, 86 per cent  of residents surveyed said their government was ineffective at fighting the problem. This was the largest proportion of any of the 107 nations Transparency International surveyed. While corruption appears to affect every part of the public sector, certain segments were much worse than the rest.

“Globally, at least 60 per cent of respondents claimed political parties and police were corrupt. Additionally, more than 50 per cent  of people stated their legislature, their public officials and their judiciary were corrupt.

“In the world’s most corrupt nations, those institutions were, naturally, even worse. In Nigeria, 94 per cent of people claimed their political parties were corrupt, the most in the world. Similarly, 96 per cent  of Liberians reported their legislature was corrupt, also the most in the world. In eight of the nine most corrupt nations, more than 80 per cent of residents considered the police to be corrupt.”

Tuesday 9 July 2013

Misconduct: Four AIGs, 191 seniors police officers face disciplinary panel

Four Assistant Inspectors General of Police and 191 other senior police officers are facing charges before the Force Disciplinary Committee for various cases of misconduct.

The Deputy Inspector General of Police in charge of Administration, Suleiman Fakai, who heads the committee, made this disclosure on Monday at a media briefing in Abuja.

According to him, 17 Commissioners of Police, two Deputy Commissioners of Police and six Assistant Commissioners of Police would also appear before the committee.

“We have a total of 195 officers appearing before us for various cases of indiscipline, he said.
“We have four AIGs here to face us, 17 CPs, two DCPs, six ACPs and the remaining are from CSPs to ASPs.”

Fakai stated that one each of CP, ACP, and CSP and two SPs as well as eight CSPs had been dismissed for serious cases of misconduct in the last one year.
He said two CSPs, one SP and 13 ASPS were compulsorily retired, also for misconduct, while a DCP, three CSPs, seven SP, a DSP and 10 ASPs were demoted also in the same period.

He disclosed that the current police administration, upon resumption in January 2012 inherited over 3,000 cases of indiscipline, adding that most of them have been looked into.

Continuing, “The Force Disciplinary Committee comprise of all the Deputy Inspectors General of Police and the Force Secretary who serves as its secretary.
“The committee essentially reviews disciplinary matters involving officers from the rank of ASP and above who may have erred in the course of their duties.”
Fakai said that the committee was mandated to make appropriate recommendations to the Police Service Commission on all cases it handles.

“This is in line with extant provisions and Force policy guiding discipline and geared towards upholding professionalism, respect for the rule of law and human rights among senior police officers,” Fakai said.

The committee which meets every two weeks, will between July 8 and July 12 hear disciplinary cases against the 195 Senior Officers appearing before it.

Source: dailypost

Saturday 6 July 2013

Four AIGs, 191 other senior police officers face disciplinary panel

FOUR Assistant Inspectors General of Police (AIGs) are among 195 senior police officers facing charges before the Force Disciplinary Committee (FDC) for various cases of misconduct, DIG Suleiman Fakai, has said.

  Fakai, the Deputy Inspector General of Police (DIG) in charge of Administration, disclosed this on Monday in Abuja at a news conference.

  He stated that 17 Commissioners of Police, two Deputy Commissioners of Police and six Assistant Commissioners of Police would also appear before the committee.

  “We have a total of 195 officers appearing before us for various cases of indiscipline.
  “We have four AIGs here to face us, 17 CPs, two DCPs, six ACPs and the remaining are from CSPs to ASPs,” he said.

  Fakai, who chairs the committee, said one each of CP, ACP, and CSP, and two SPs, as well as eight CSPs have been dismissed for serious cases of misconduct in the last one year.

  According to him, two CSPs, one SP and 13 ASPS were compulsorily retired, also for misconduct, while a DCP, three CSPs, seven SP, a DSP and 10 ASPs were demoted during the period.
  Fakai said the current police administration had in January 2012 inherited over 3,000 cases of indiscipline, but added that the cases had been reduced to the barest minimum.

  “The Force Disciplinary Committee comprises all the Deputy Inspectors General of Police and the Force Secretary who serves as its secretary.

  “The committee essentially reviews disciplinary matters involving officers from the rank of ASP and above who may had erred in the course of their duties,” he said.
  He said the committee was mandated to make appropriate recommendations to the Police Service Commission on all cases it handled.

  “This is in line with extant provisions and Force policy guiding discipline geared towards upholding professionalism, respect for rule of law and human rights among senior police officers,” Fakai said.
  The committee meets fortnightly, except in emergency situations, to consider cases of misconduct forwarded to it.

  The committee is expected to meet between July 8 and July 12 to hear disciplinary cases against the 195 senior officers appearing before it.
Source: guardiannews

Monday 1 July 2013

Nigeria police officers unlawfully detain businessman, demand N300,000 bail ransom

A misunderstanding between two business associates of 7 years has resulted in the illegal arrest and detention of Francis Obi of Allied Drilling Company Ltd. Lagos.



He was arrested by some “ill identified” security operatives in Lagos on 26 June 2013. His arrest was arranged by one Ikenna Okoye of Great Lake Oil and Gas Ltd. Sokoto, a partner in the sales of drilling equipment, an NGO monitoring the case said.

Both businessmen had a disagreement over the quality of a Water Drilling Rig sold to the later by the former to the tune of N35 Million on May 23, 2013 in Lagos. This resulted in the arrest and detention of Mr. Obi in Sokoto State CID office till date.

A petition on the matter to the Inspector General of Police by Network on Police Reform in Nigeria, NOPRIN, said the officers who arrested Mr. Obi disguised their identity to transport Mr. Obi to Sokoto, after arresting him in Lagos.

They bundled him without announcing his crime, out of the jurisdiction of the alleged offence – he was later told about. They also denied him opportunity to speak with his lawyer and family.
More so, the arresting police officers have demanded a ransom of N300,000 for his bail, against police rules and regulations which stipulates that bail is free.

Mr. Ikenna, the mastermind of the illegal arrests, has then boasted of riding on the backing of “his friend” the Inspector General of Police to intimidate the victim, NOPRIN said.