Is President Jonathan right to say most corruption is just ‘common stealing’?

A US-Africa summit last week opened with warnings about the toll corruption takes on development, sparking discussion about the extent of the problem in Africa and how it is defined. That’s an issue which Nigeria’s president has also been debating of late.

On May 5, Goodluck Jonathan responded to allegations that he is not doing enough to curb corruption among his ministers by claiming that most of what is referred to as corruption is not really that at all.

“Over 70% of what are called corruption (cases), even by EFCC (Economic and Financial Crimes Commission) and other anti-corruption agencies, is not corruption, but common stealing,” the president told national television, saying the corruption claims appeared “politically motivated”.

Barely two weeks later, Ekpo Nta, the chairman of the Independent Corrupt Practices Commission (ICPC), one of Nigeria’s anti-corruption agencies, told an audience in Abuja that “stealing is erroneously reported as corruption” even by “educated” Nigerians.

So was the president right to dismiss most corruption claims as being nothing of the sort? Africa Check decided to look at the definitions.
Is corruption simply stealing?

Put simply, while stealing can be defined as taking a person or organisation’s rightful property without their permission, corruption is not one but a whole range of misdeeds, the common factor in which is the abuse of a person’s office for personal gain.

As this attempt to define corruption makes clear, it can range from the petty corruption of junior officials – bribe-taking by police officers on the street corner for example – through high-level embezzlement and theft of public funds to the payment or receipt of bribes made to affect office-holders’ decisions in office.

The key difference with “common stealing” is that the people who break into a house and steal, have no authority over the house or property. And people who carry out a corrupt act do have that trust as a public office holder of some sort and abuse it for their own gain.

And it is this abuse of public trust that explains why civil society groups and others see corruption as a more serious crime than typical “common stealing”.
How is corruption defined in Nigerian law?

So is the president right in terms of law? The answer is no. Under Nigeria’s Corrupt Practices and Other Related Offences Act of 2000, the term corruption does indeed apply to crimes such as the theft or embezzlement of public funds, but also to bribery, fraud and “other related offences”.

And in all these cases, it is corruption only if the person in question has carried out the offence through the office they hold.

Section 382 of the Nigerian Criminal Code, by contrast, provides a much simpler description of theft, unrelated to the role a person take in life. A thief is simply “a person who fraudulently takes … or fraudulently converts to his own use or to the use of any other person anything capable of being stole”.
Is the pattern of corruption changing?

So the president is clearly wrong to claim that the theft of public funds by those in public office is simple theft, and not corruption.

But could he be right to say that the pattern of corruption is changing and that today “over 70%” of cases now relate to theft of public funds, not bribery and other such offences.

Here, there does seem to be some evidence of a trend. Speaking at the 50th anniversary of his old school, Ilesa Grammar School, Osun State, the 2005-2010 chairman of the ICPC, Emmanuel Olayinka Ayoola, said that the nature of corruption it uncovered had changed in recent years.

“The commonest form of corruption in Nigeria used to be bribery but in recent years, this has been overtaken in level of prevalence by embezzlement and theft from public funds,” he said,  though without providing figures.

Africa Check this week asked the EFCC to say what percentage of corruption cases they have investigated since 2010 would fall under the broad category of theft and embezzlement of public funds, and what would fall under bribery and other offences.

If or when they reply we will update this report.
Is the level of corruption changing?

It is difficult to say. Many public commentators say that it is.

However Nigeria’s ranking in anti-corruption group Transparency International’s Corruption Perceptions Index – which lists countries based on how corrupt their public sector is perceived to be – is little changed from when Jonathan took over as president in 2010.

In 2013 Nigeria ranked 144 out of 177 countries in the index. In 2011, Nigeria ranked 143.
Conclusion – Corruption is more than ‘common stealing’

The way officials talk about crime matters. And President Jonathan’s claim earlier this year that more than 70 percent of corruption cases today relate to nothing more than “common stealing” appears to be an attempt to downplay what remains a massive problem in Nigeria.

It is also wrong in law. The theft of public funds through the abuse of an official’s office is different from “common stealing” because of the abuse of trust it entails.

And it is because it reduces the funds available for public spending, distorts the decisions made by office holders and undermines public trust, that corruption has such a negative effect on Nigeria’s development as numerous studies  have shown.

In the end, whether the pattern of corruption is changing – from bribery to theft of public funds – matters less than that the overall level of corruption appears not to have changed at all.

Edited by Eleanor Whitehead and Peter Cunliffe-Jones

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DSS - We Were Offered N14 Million Bribe for Osun Election

The Department of State Service (DSS) has alleged that it was offered N14 million by an unnamed political party to influence the Osun State gubernatorial election last Saturday.
At a media briefing in Abuja yesterday, the Deputy Director Public Affair of DSS, Marilyn Ogar, said the organisation was offered the amount by a "certain political party", adding that the bribe was turned down.
Ogar, according to the News Agency of Nigeria (NAN) called on political party leaders to leave DSS out of politics, saying, "I'm saying, a director in charge of election duties was offered N4 million for himself and N10 million for the hooded men.
"It is because the money was declined, that is why the certain political party is having a running battle with the DSS. Thank God the All Progressives Congress (APC) won the election; its loss could have been blamed on the DSS," Ogar added.
She stressed that the DSS was made up of professionals who cannot be compromised, because they are well paid. "Our men in operations for elections are paid well and upfront, so there will be no reason for them to take bribes," she said.
Ogar explained the importance of security agents at elections, stating that operatives had helped in various past elections across the country. "The presence of security agents in Osun State helped prevent attacks on some chiefs in the state. The Oba of Ede is one example who was shielded from attacks by hoodlums," she said.

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Tackle Corruption to Foster Good Governance, Expert Tells Govt

By Faith Oparaugo
THE Head of Transparency and Anti-corruption Initiative of UN Global Compact, Ms Olajobi Makinwa has tasked government and private sector operators to promote anti-corruption measures and to implement policies that will establish systems of good governance.
Basically, she pointed out that this would underscore anti-corruption and good governance as fundamental pillars of sustainable and inclusive global economy.
Speaking at a media interaction with the officials recently in Lagos, Makinwa said that a good system of governance is a key enabling factor in maintaining a fair and supportive environment for business activity and for establishing incentives for corporate sustainability.
According to her, corruption has been considered as a costly impact on private sector as it raises transaction costs, undermines fair competition, distorts development priorities, and impedes long-term foreign and domestic investment.
She urged businesses to work against corruption in all its forms, including extortion and bribery. Since December 2010, the Nigerian Local Network has engaged its business participants and other stakeholders in the anti-corruption collective action project in Nigeria.
Makinwa also called on government to fully implement and enforce the tenets of the UN Convention against corruption by strengthening anti-corruption policies, laws and enforcement mechanisms to create a level playing field and incentivize good behavior.
She added that government should make a commitment to reduce corruption risks from procurement and contract processes of large-scale projects that are designed to support sustainable development, commit to engaging in competitive and transparent procurement processes through public advertising of all government procurement cases.
"Corruption is the single greatest obstacle to economic and social development around the world. It has adverse impacts on sustainable development, with a disproportional impact on poor communities", she said.
She noted that to prevent future development efforts from being undermined by corruption, it is critical to leverage good governance and anti-corruption into the global development agenda.

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The war against corruption: How has Nigeria fared?

Transparency International, the global coalition against corruption, defines corruption as ‘the abuse of entrusted power for private gain’. For the words ‘entruusted power’ the World Bank uses the words ‘public office’. Its own definition therefore comes out as ‘the abuse of public office for private gain’. So when a person in authority, in abuse of his powers, takes a decision to benefit self and not the people he is employed to serve, he commits an act of corruption. According to Transparency International, corruption ‘hurts everyone who depends on the integrity of people in a position of authority’. anti-corruptionIn our statute books, corruption is mainly identified by such economic crimes as embezzlement, bribery, money laundering etc. One good thing that has happened to mankind in her quest to eradicate corruption from society is that corruption is now measurable. Every year, Transparency International publishes its annual corruption perceptions index wherein it measures the performance of each country through a number of set criteria on a scale of zero (for the most corrupt) to ten (for the cleanest). The criteria employed include control of corruption, budget openness, global competiveness, human development, judicial independence, rule of law, Press Freedom, voice and accountability. In Governance Matters iv: Aggregate and Individual Governance Indicators for 1996-2002, published for the World Bank, Daniel Kauffman, A. Kraay and M. Masruzzi identified monopoly of power, discretion and lack of accountability and transparency as the main drivers of corruption. Some years ago, I was so perplexed by the problem of corruption in Nigeria that I did an unsolicited Memo to the President. The title of that document is CORRUPTION: A One Point Agenda for Jonathan. Much of what I shall say hereafter will be culled from that Memo. Colours and tentacles Corruption has grown into an art everywhere in Nigeria; a grand art with many shapes and colours and tentacles spreading in multi-dimensional directions. Go North, go South; go East, go West; the story is the same: a sordid tale of greed and graft told by every idiot with zest and furry. Nigeria does not have ten problems. Nigeria does not have nine problems. Nigeria does not have eight problems. Her problems are not seven, six, five or four or three or two. Nigeria’s problems are one. And the name of those problems all put together is CORRUPTION! And so, Nigeria does not need a twenty-point agenda, a ten-point agenda or even a two-point agenda. Nigeria needs a ONE-POINT AGENDA and the only point that should be on that long list of one is CORRUPTION. You may wonder why we blame every ill in society on corruption. The reason is this. Corruption is the one reason that electricity does not work in Nigeria. Remove corruption and there will be light everywhere in the country. Corruption is the reason our roads are in such a sorry state of disrepair. Remove corruption and there will be roads to everywhere. Corruption is the reason our schools are in shambles. Remove corruption and there will be room in our schools for every child. Corruption is the reason there are no drugs in our hospitals. Remove corruption and the ‘out of stock’ syndrome will vanish from our hospitals. Corruption is the one reason there is so much insecurity in the land. It is because of corruption that the police cannot secure the citizen in his life and property. Corruption is the reason Boko Haram, the armed robber and the kidnapper are better equipped than the policeman in their chase. Remove corruption and the citizen can walk about in freedom confident that his life is safe and his property, too. Corruption is the reason elections are rigged. Corruption is the reason census figures are disputed. Corruption is the reason Nigerians do not have clean water to drink. Corruption is the reason our airspace is unsafe (or was so until recently). Corruption is the reason our factories are shut and our youths roam our streets everyday in search of work that is nowhere to be found. Corruption is the one reason the average Nigerian pays more for telephone than people in most other parts of the world. Corruption is the cause of our numerous ills and it is in its elimination that society can find succor. The primary purpose of government everywhere is the security and welfare of the citizen. In Nigeria this principle has been enshrined in Section 14(2)(b) of our Constitution. Any government therefore, that cannot secure the citizen in his life and property is not, and cannot be, worth the name. It should lay no claim to the title, government. This is why it is imperative that our government, and indeed, any government must strive to eliminate corruption from the society it seeks to govern. In Nigeria therefore, the fight against corruption must be the primary function of government everywhere and at every level – be it federal, state or local – at least, until we reduce it to a minimum. Today, Nigeria is Number 144 out of the 177 countries surveyed in 2013. Among our neighbours, Ghana scored 46 to emerge Number 63; Ivory Coast 27 to place Number 136. South Africa was Number 72 with a score of 42 while the best country in Africa is Botswana which emerged Number 30 with 64 points. Among the leaders world-wide are Denmark and New Zealand that came first each with 91 points. Judging by the index, Russia is about the most corrupt among the world leaders. She came in at 127 with a score of 28. So Nigeria has not done well on the index in recent years. From 121 in 2008, Nigeria has moved 23 notches down the ladder to 144 in 2013. This is not an encouraging story. Apart from our poor performance on the index, Nigeria has over the years taken bold steps to fight corruption. In addition to such institutions as the Nigerian Police, the SSS and other security agencies traditionally set up to combat crime, the Nigerian Government has established agencies such as the EFCC (together with the Nigerian Financial Intelligence Unit), the ICPC, the Code of Conduct Bureau, the Federal Character Commission and the Public Complaints Commission to help in the war. There are also various other pieces of legislation that help in the war against corruption. Some of these are: i. The Electoral Act 2010 ii. The Corrupt Practices and Other Related Offences Act, 2000 iii. The Money Laundering [Prohibition] Act, 2004 iv. The Public Procurement Act, 2007 v. The Nigerian Extractive Industries Transparency Initiative Act, 2007 vi. The Fiscal Responsibility Act 2007 vii. The African Union Convention on Preventing and Combating Corruption 2007 viii. The United Nations Conventions Against Corruption 2007 ix. The Freedom of Information Act. Corruption: National Association of Nigerian Student demonstrating in Abuja over Selective Justice by EFCC in Abuja. Photo by Gbemiga Olamikan Besides, Government has initiated certain programs aimed at reducing, if not eliminating corruption from the system. They include the Integrated Personnel Payments Information System (IPPIS); e-payment for all government jobs etc. Many of these programs are of course, new and have been adopted in the main at the federal level. There is no doubt that by the time these programs are accepted by the States and the private sector, Nigeria’s standing on the Corruption Index will improve tremendously. The war against corruption can never be an easy war. It is a war against principalities and powers; a war against the most powerful people in the nation – former Presidents, Governors and former Governors, Senators and Ministers – men of power and of influence and wealth; Chief Executive Officers of the most powerful companies in the Country – of banks and industry. So it cannot be an easy war. It must be fought with tact and cunning. You cannot confront them frontally; they will destroy you. The noise you make of your successes may be your undoing! Do not expect too much of an open support from the powers-that-be today. The men you go after may be their friends and sponsors. It is enough if they allow you a free hand. If you consider that UNESCO ranks economic crime the most common crime in Nigeria (followed by drug trafficking and human trafficking in that order) you will better appreciate the enormity of the problem posed by corruption in our society. It is true that corruption can never be completely eliminated from any society; but its awful effects can at least, be minimized. On Saturday June 5, 2011 India’s most popular yoga guru, Ramdev, called on his followers to embark on a fast to the death to protest official corruption in India’s public life. India is nowhere near Nigeria in the list of corrupt nations. Yet a man is ready to lay down his life to ensure corruption is eliminated from India’s public life. This shows the seriousness of the problem. Having surveyed the problem in our Country, in Africa and worldwide, what then do we do if Nigeria must be saved. To my mind, for Nigeria to win the war against corruption, three professions are critical. The first is the profession of the law to which I belong. The second is the Computer profession to which you belong and the third is the Accounting profession to which our friends on both sides belong. While the legal profession will assist the legislature in enacting adequate laws to ensure success, it will be the responsibility of your profession to help provide the necessary technology and software to wage the war and build into our system those programs that will help eliminate corruption. Of course, it will be the responsibility of the Accounting profession, the Accountant and Auditor to ensure those loopholes that fester the nest of corrupt leaders are closed. It will also be the added responsibility of the legal profession to ensure that the judiciary plays its role by ensuring a quick dispensation of justice to all who come before our Courts on corruption charges. If we rise from this breakfast and the issues we have raised in this talk can generate further discussion in the days that lie ahead, this morning may have been well spent; and if after this, your profession can initiate a move to bring our three professions together in a joint effort to chart a new course for the war against corruption, then this would have been a glorious morning indeed. To succeed, emphasis must be on prevention not punishment. Emphasis is no longer on catching the thief and punishing him. Emphasis today is on how to make it impossible for the thief to find what to steal. This is why programs such as the cashless society, electronic payments etc are important to the war on corruption and terrorism. A reduction in the amount of money a customer can draw across the counter is sure to reduce incidents of corruption such as the one in which a former Minister of Education was involved sometime ago where large amounts of cash were moved in Ghana-must-go bags from across the counter. Legislations such as the Money Laundering (Prohibition) Act, the Banks and other Financial Institutions Act, the Failed Banks Act etc are all aimed at curbing corruption. Besides, we do not need to reinvent the wheel. Nigeria should approach such countries as Denmark and New Zealand that have virtually eliminated corruption from their public life to borrow the necessary technology and knowhow. Countries such as the United States and the United Kingdom have been of immense assistance to Nigeria in her war against corruption and terror. Of course, Nigeria’s participation in the global coalition against terrorism and money laundering is already yielding fruit in many ways. Institutions such as the EFCC, ICPC the police and the various other security agencies that help in the war against corruption are each very important; but their emphasis, no doubt, is in detecting the offender after the event and prosecuting him. If the Courts find him guilty, he pays the price. If he is not found guilty he quickly returns to ply his trade with a bigger war chest. More openness in government will also help. It is for this purpose that the Freedom of Information Act was enacted. In Brazil for example, all government expenditure must be published online within 24 hours. This is to ensure accountability and transparency in government business. The result is that the average citizen can have access and judge for himself whether those in authority have been honest in their dealings and whether the price quoted for goods and services to government are fair. Everywhere you go in the world today the slogan in fighting corruption and its attendant evil of terror is FOLLOW THE MONEY – the money trail, I mean. Follow the money wherever it leads you and you can never go wrong; Indeed, Nigeria has done very well in setting up institutions and programs that tend to block the loopholes which the corrupt official explores in his bid to beat the system. The virtual elimination of the telephone bill and the NEPA bill (in parts of the country) is a step in the right direction. However, a lot still remains to be done. So the battle is on, though not won! The fight must be strengthened if the nation must be saved from the throes of indiscipline and greed. * Theo Nkire was first Attorney-General of Abia State

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Presidency Denies Giving N100 Million Bribe to Chibok Parents

The Presidency tuesday denied the allegation that the federal government gave a N100-million bribe to the parents of the over 200 abducted female students of Government Secondary School, Chibok, Borno State when they visited President Goodluck Jonathan Tuesday, last week.

The leader of the #BringBackOurGirls campaigners and former Minister of Education, Mrs Oby Ezekwesili, had tweeted that the federal government offered N100 million to the distressed Chibok parents, describing it as “filthy lucre” and “disgusting” via her twitter handle, @obyezeks.

But the Presidency last night reacted to the allegation as the Senior Personal Assistant to the President on Public Affairs, Dr. Doyin Okupe, described the allegation as “wholesomely untrue and acts of blackmail against the federal government”.

Okupe told THISDAY that no money was given to the parents of the abducted Chibok girls when they visited President Jonathan.

According to Okupe, “The only thing government did to the parents of the Chibok girls was the provision of food and accommodation. The peddlers of this allegation are just mischievous and out to blackmail the federal government. Government did not offer any monetary gratification whatsoever.

“Why would the President offer monetary gratification to the parents? Government only provided food and accommodation to the parent and nothing more,” Okupe told THISDAY.

But already, it was gathered that the sharing formulae of the said money has caused some ripples among the parents of the Chibok girls, as some not only received far more than others, the Abuja-based stakeholders of the Chibok community are being accused of short-changing the parents.

According to sources, the said sum was given to the Abuja-based Chibok stakeholders, who helped to co-ordinate the visit of the parents.
The Chibok parents had visited the president Tuesday, last week after an earlier arrangement to see him penultimate Tuesday was bungled with the refusal of nine of the parents to see President Jonathan in the aftermath of the visit of 17-year-old Pakistani girl-child education activist, Malala Yousafzai, who extracted a promise from the president to see the Chibok parents.

The parents had through the Abuja stakeholders’ platform explained that their failure to see President Jonathan was as a result of their poor representation at the botched meeting, stressing that the parents who came to Abuja to meet with Malala did not have the mandate of the other parents to see the president.

Despite the explanation of the Abuja-based Chibok stakeholders, the Presidency had accused the #BringBackOurGirls campaigners of persuading the Chibok parents to shun the meeting with the president.
There has thus been a flurry of accusations between both the Chibok campaigners and the presidency..

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Oil Thieves Bribing Our Men, JTF Boss Laments

Yenagoa — Commander of the Joint Task Force (JTF) in the Niger Delta code-named 'Operation Pulo Shield', Maj. Gen. Emmanuel Atewe, has explained why winning the war against oil theft and illegal refining was difficult for the security outfit in the region.
He said oil bunkers had devised the means of offering huge sums of money to JTF personnel to subvert them from carrying out their lawful duties.
Atewe cited a case when an officer of the JTF was offered N25 million by a group of illegal bunkerers to bribe their way through.
He, however, quickly added that the officer rejected the offer and got the culprits arrested.
Atewe revealed this on Saturday when the Nigerian Army Officers' Wives Association led by its National President, Felly Minimah, paid a courtesy visit to the headquarters of the JTF in Yenagoa, Bayelsa State.
He lamented that inadequate gunboats, essential kits, operational vehicles and manpower were some of the challenges of the security outfit.
He said despite the challenges and resilience of the oil criminals, the JTF was doing its best to win the war against oil theft, illegal refining and related crimes in the region.
According to him, illegal oil bunkering and refining were not only affecting the nation's economy but also posed a serious threat to the health and livelihood of the people of the region.
Atewe also said the JTF in the first quarter of the year arrested 20 vessels, destroyed over 854 illegal refineries as well as killing and arrest of hardened sea pirates, kidnappers and cult members.
He described the visit of NAOWA officials as "morale booster".

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Fresh Corruption Trouble As Group Drags Delta PDP Chairman To EFCC

For allegedly defrauding the Delta State Government of several billions of Naira, a group called the Delta Patriotic Network has dragged Mr. Peter Nwaoboshi, the Delta State Chairman of the Peoples Democratic Party (PDP), to the Economic and Financial Crimes Commission (EFCC).

EFCC Logo EFCC A detailed petition obtained by SaharaReporters and addressed to Mr. Ibrahim Lamorde, the Chairman of the EFCC, called on the commission’s boss to commence an investigation into the allegations levied against the PDP chairman.
The group’s national president, Ojein Samuel, its national vice president, Mr. Okotete Tony, and its secretary, Mr. Oromoni Zuokumor, signed the strongly worded petition.
According to the group, Mr. Nwaoboshi fraudulently enriched himself by using his position as the state PDP Chairman to arm-twist the 25 Local Government Chairmen in the state. The strong-armed tactics were aimed to award him a contract to supply bulldozers, graders, and pay loaders, running into several billions of Naira.  Yet, instead of supplying functional equipment, Nwaoboshi supplied non-functional earth-moving equipment, which is today laying moribund at various council lots in the state.
The petition stated that the PDP Chairman allegedly imported the equipment from China. None of the imported equipment worked, not even for a day, and because of his position as the state party chairman, none of the council chairmen could do him anything in protest.
“We write to bring to the notice of your esteemed commission, the ‘catalogue of abuse of power,’ greed, and fraudulent enrichment by Mr. Peter Nwaoboshi, using the platform of office of the Chairman, Delta State PDP. The under listed atrocities committed by Mr. Peter Nwaoboshi are just the tip of the iceberg.
“We believe that the proceeds from the fraudulent swindling of the 25 local governments of almost N2billion in the bogus sales of dead earth moving plants, was used to set up a cable industry along the Asaba–Benin Express way. This factory is conservatively valued at over N1billion, with in-house guest chalets,” the group alleged.
The petitioners further accused the chairman of forcibly collecting money from members of the Delta State House of Assembly, to the tune of N10 million, N38 million from councilors and local government chairmen; as well as milking the Delta State Oil Producing Areas Commission (DESOPADEC), of N15 million as party dues on a monthly basis. They also allege that in less than one year, the PDP boss had built two sprawling mansions in Asaba, and in Ibusa, his country home.
The petition further stated that “the nomination forms for the proposed local government elections party primaries were sold for N1.5m for chairmanship; N300, 000.00 for councillorship; plus N300, 000.00 and N200, 000.00 levies respectively collected by Mr. Peter Nwaoboshi as a “kola-nut,” if an aspirant’s form is to get his attention.
“Mr Peter Nwaoboshi charges N1m and N300,000.00 fees for a chairmanship or councillorship aspirant, respectively, to have a personal audience with him. This is causing ripples across the state, and is likely to cause a serious political upheaval when the so called lists of nominated candidates are published,” they added.
Investigations by SaharaReporters show that the party’s chairman allegedly perpetrated the fraud between 2008 and 2010, when the elected council chairmen were still in office.
SaharaReporters further learned that Nwaoboshi was also given a contract running into several millions of naira to supply earth moving equipment to the Direct Labour Agency (DLA). That money, which also went the way of the councils, was used by the state house of Assembly that had earlier vowed to investigate the matter, but as a result of the pay-offs, could not do so.
Nwaoboshi described the allegations as “baseless,” saying that the petitioners are not serious people, who would stop at nothing to drag his name to the mud.
According to Nwaoboshi, the petitioners are only chasing dead issues, saying that he had never been afraid of being investigated, even as he attributed the allegations to what he called (the) ‘handiwork of his political opponents.’
Earlier this month the state party chairman and his thugs, allegedly had beat up the wife of the former national chairman of the PDP, Dr. Mrs. Mariam Ali, something Nwaoboshi, however, denied.
 

 

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