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1-Jan-20

NATIONAL ANTI-CORRUPTION LAWS AND THE YOUTHS BY ADENEKAN SHOGUNLE AT NATIONAL CONFERENCE ON YOUTH AGAINST CORRUPTION VENUE AFRICA HALL, INTERNATIONAL CONFERENCE CENTRE ABUJA 24-26 NOVEMBER, 2015. “KEEPING AN AVERAGE NIGERIAN FROM CORRUPTION IS LIKE KEEPING A GOAT FROM EATING YAM!” WEEKLY STAR,

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1-Jan-20

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  1. NATIONAL ANTI-CORRUPTION LAWS AND THE YOUTHSBYADENEKAN SHOGUNLEATNATIONAL CONFERENCE ON YOUTH AGAINST CORRUPTIONVENUEAFRICA HALL, INTERNATIONAL CONFERENCE CENTREABUJA24-26 NOVEMBER, 2015.

  2. “KEEPING AN AVERAGE NIGERIAN FROM CORRUPTION IS LIKE KEEPING A GOAT FROM EATING YAM!” • WEEKLY STAR, • 15TH MAY, 1983, P.1 FOOD FOR THOUGHT 2 1-Jan-20 1/1/2020 SHOGUNLE@BENUE 2012 .

  3. THREE BROAD OBJECTIVES: 1. WHAT IS CORRUPTION? 2. HOW ARE WE AFFECTED BY CORRUPTION? 3. WHAT CAN WE DO ABOUT CORRUPTION? 1-Jan-20 SHOGUNLE@BENUE 2012.

  4. Who is a youth?The condition or quality of being young;- Dictionary.com

  5. NATIONAL ANTI-CORRUPTION LAWS • CFRN 1999 as amended • ICPC Act 2000 • Economic and Financial Crimes Commission (Establishment) Act 2004 • Advance Fee Fraud and Other Related Offences Act 2006 • Money Laundering Prohibition Amendment Act 2012 • Miscellaneous Offences Act • Code of Conduct Act • Nigerian Extractive Industries Transparency Initiative Act • Freedom of Information Act 2011 • Fiscal Responsibility Act • Public Procurement Act • Penal Code LFN 2010 • Criminal Code LFN 2010 • Banks and Other Financial Institutions Act 1991 • Failed Banks (Recovery of debts and other financial malpractices in banks (Amendment) Act, 1994 • National Agency for Prohibition of Trafficking in Persons Act • National Drug Law Enforcement Agency Act • National Agency for Food and Drugs Administration and Control Act. 1-Jan-20 1-Jan-20

  6. ICPC Act, 2000 • Provides for; a youth not being less than 21 or more than 30 years of age at the time of his or her appointment; to be on the Management Board of the Commission. -SECTION 3(F) ICPC Act, 2000 

  7. So what is Corruption?

  8. POPULAR TERMS FOR CORRUPTION IN NIGERIA • Egunje • Goro • Chuwachuwa • Welfare, P. R., ‘Logistics’ • “Sorting” • Family Support • ‘Ghana Must Go’, • Brown envelope (kwa) • ‘Pure water’ • ‘Uncommon blessing’ • “JAAC” • ‘Scratch my back …’ • ‘I. M. • ‘Bottom power’ • ‘Settlement’ • ‘Na kashinmiya’ • ‘Long leg’ • Roja • ‘Make we go ‘see’ am’ • “At all, at all….” • ‘419’ • Yahoo yahoo

  9. STATUTORY DEFINITION OF CORRUPTION ‘Includes bribery, fraud and other related offences’ -Section 2 of ICPC Act, 2000. 1-Jan-20 1-Jan-20

  10. NATURE OF CORRUPTION • Corruption is the abuse of office for private gain – where office is a position of trust conferring authority to act on behalf of an institution; • It thrives in an atmosphere of operational secrecy, wide discretionary powers without commensurate oversight and cumbersome procedures; • Corruption is a major threat to organizational and national development; • It is an organised crime; not a crime of passion or “one man show”; • Pervasive corruption in the Public Service is an unethical response to lax systems, weak enforcement, inadequate remuneration, insecurity of tenure, bleak retirement prospects, etc; • Difficult to distinguish victims; hence hardly reported; • Not native to Nigeria! • Developmental issue.

  11. CLASSIFICATION OF CORRUPTION • Grand corruption: Huge amounts of money are involved. Money is diverted through Contract Inflation, Kickbacks, Falsification of records, fictitious projects, etc. It involves top level/ management staff, top government officials, etc. Amounts diverted at this level run into millions of Naira and it contributes in impoverishing the masses. • Petty corruption/ ‘Street-level corruption : This includes routine acts of corruption carried out by civil servants, law enforcement officers, artisans (motorists, motor mechanics, market women etc.) who deal in small-scale activities and small amounts of money. However, it gives the nation a bad name because of the high prevalence and perversion of due process in official process. 1-Jan-20

  12. BASIC FORMS OF CORRUPTION IN THE WORKPLACE • ‘Commission’ for illicit services; • Unwarranted fees for public services; • ‘Gratuity’; • Speed money; • String pulling – nepotism, cronyism, godfatherism; etc • The levy; • Misappropriation; illegal virement, etc • Outright stealing; ghost workers, fake contracts.

  13. CORRUPTION: VOLUME, PATTERNS AND TRENDS FROM 1960-DATE 1/1/2020 1/1/2020 (C) E. A. SHOGUNLE, ESQ. (C) E. A. SHOGUNLE, ESQ. 13

  14. VOLUME • IT WAS NOT POSSIBLE TO MEASURE THE VOLUME OF CORRUPTION IN NIGERIA BECAUSE THERE WAS NO CONSCIOUS EFFORT • HOWEVER WORLD BANK ESTIMATES • THAT AN ESTIMATED $300 BILLION DIVERTED SINCE 1960-DATE • 80% OF COMPANIES PAY BRIBES TO OBTAIN PUBLIC CONTRACTS IN NIGERIA • DROP IN GLOBAL RATING OF NIGERIAN UNIVERSITIES • NUC PUBLISHED A LIST OF 62 ILLEGAL DEGREE AWARDING INSTITUTIONS • FAKE AND PARALLEL NYSC ORIENTATION CAMPS • TRANSPARENCY INTERNATIONAL: CPI • ICPC STARTED A RATING OF PUBLIC INSTITUTIONS IN 2005 1/1/2020 1/1/2020 (C) E. A. SHOGUNLE, ESQ. (C) E. A. SHOGUNLE, ESQ. 14

  15. PATTERNS AND TRENDS:1960-DATE • 1960-70: 10% KICK BACKS, TRIBALISM, NEPOTISM • 1970-80s: IMPORT RACKETEERING • 1980-90s: 419, FAKE AND SUBSTANDARD DRUGSAND PRODUCTS, ‘SETTLEMENT’, ‘FAILED CONTRACTS’, ‘FAILED BANKS’ WONDER BANKS’ MONEY LAUNDERING, DUMPING OF TOXIC WASTES AND PRODUCTS,DRUGS AND HUMAN TRAFFICKING, EXAMINATION MALPRACTICES, etc • 1990-2000s: CULTISM, ‘GOD-FATHERISM’ ELECTION RIGGING, THUGGERY, FAKE DEGREES, ASSASSINATIONS, “GHANA MUST GO BAGS’ SYNDROME, ETC; • 2000s-…. KIDNAPPING, TERRORISM, OIL BUNKERING, CYBERCRIMES, INSECURITY, ETC 1/1/2020 1/1/2020 1/1/2020 (C) E. A. SHOGUNLE, ESQ. (C) E. A. SHOGUNLE, ESQ. (C) E. A. SHOGUNLE, ESQ. 15 15

  16. HOW ARE WE AFFECTED BY CORRUPTION? • NIGERIA RATED AS MOST CORRUPT IN THE WORLD IN YEAR 2000 • CONSISTENTLY 2ND FROM 2001-2005 • 6TH IN 2006 • 32ND IN 2007 • 59TH IN 2008 • 5OTH IN 2009 • 44TH IN 2010 • 40TH IN 2011 • 41st in 2012 • 33rd in 2014 1/1/2020 (C) E. A. SHOGUNLE, ESQ. 16

  17. RESULT OF OVER FIFTY FIVE YEARS OF CORRUPTION IN NIGERIA:1960-date • Under development; • Discredits institutions; • Instability, Insecurity • Unemployment • Low productivity • Low morale, kills patriotism • Widening gap between rich and poor • Unbridled crime rate • Brain drain; capital flight; • Apathy towards government, etc 1/1/2020 1/1/2020 (C) E. A. SHOGUNLE, ESQ. (C) E. A. SHOGUNLE, ESQ. 17

  18. INTERNATIONAL REACTION • Labeling and stigmatization • Stereo-type reaction to all Nigerians • Isolation • Low foreign direct investment • Low credibility • Instigation of internal crisis • Massive exploitation of human and natural resources 1/1/2020 (C) E. A. SHOGUNLE, ESQ.

  19. MAY 1999: NIGERIA AT THE CROSS ROADS… • FOR SIX YEARS RATED CONSISTENTLY AS ONE OF THE MOST CORRUPT NATIONS OF THE WORLD • THREATS OF SANCTIONS • HARRASSMENTS AND EMBARRASSMENTS • LACK OF CREDIBILITY • LOW FOREIGN DIRECT INVESTMENT • LACK OF INFRASTRUCTURE • LACK OF PATRIOTISM • LOW PUBLIC MORALE 1/1/2020 (C) E. A. SHOGUNLE, ESQ.

  20. WHAT CAN WE DO ABOUT CORRUPTION IN NGERIA? 1-Jan-20 1-Jan-20 SHOGUNLE@BENUE 2012

  21. PREVIOUS EFFORTS AT FIGHTING CORRUPTION • Commissions of Enquiry • – Yakubu Gowon Regime -1960s-1970s • Corrupt Practices Investigation Bureau (CPIB) • and The Jaji Declaration --MURTALA –OBASANJO REGIME – 1977/8 • Ethical Revolution, -- SHAGARI REGIME - 1983 • Recovery of Government Property Tribunals, -- BUHARI-IDIAGBON REGIME - 1984/5 • WAI-War Against Indiscipline -BUHARI-IDIAGBON REGIME- 1984/5 • MAMSER-NOA, -- BABANGIDA REGIME - 1986-93 • WAI-C-War Against Indiscipline and Corruption, -ABACHA REGIME -1994-98 • ICPC-EFCC- NEITI- Democratic dispensation -1999-DATE 1/1/2020

  22. CONSTANT FEATURES • LEGAL STRUCTURES: • PENAL CODE • CRIMINAL CODE • VARIOUS MILITARY DECREES • CONSTITUTION • ADMINISTRATIVE STRUCTURES: • NIGERIA POLICE • CODE OF CONDUCT BUREAU AND TRIBUNAL • PUBLIC COMPLAINTS COMMISSION • LEGISLATURE • JUDICIARY • MINISTRY OF JUSTICE (STATE AND FEDERAL) • MINISTRY OF INFORMATION/NATIONAL ORIENTATION AGENCY. 1/1/2020

  23. FOOD FOR THOUGHT “ BETWEEN 1985-2000 NO SINGLE CASE OF CORRUPTION WAS REPORTED AS PROSECUTED IN ANY NIGERIAN SUPERIOR COURT OF RECORD.”-HON. JUSTICE M.M.A. AKANBI, CFR (FORMER PRESIDENT, COURT OF APPEAL, CHAIRMAN, ICPC 2000-2005) 1/1/2020 (C) E. A. SHOGUNLE, ESQ.

  24. NIGERIA IN SEARCH OF INTEGRITY: Key Issues • WHAT ARE THE CAUSES OF CORRUPTION IN NIGERIA? • Natural/cultural tendencies? • Poverty/Unemployment/Low remuneration? • Impunity? • Poor leadership? • WHAT IS THE CURE FOR CORRUPTION IN NIGERIA? • Evangelism; Prayers and supplication? • Improved welfare package? • Credible deterrence? • Mass Education and sensitization? • Good leadership? 1/1/2020 (C) E. A. SHOGUNLE, ESQ.

  25. NIGERIA IN SEARCH OF INTEGRITY • ESTABLISHMENT OF ICPC, EFCC, NEITI, etc. • STRENTHENING OF CCB, POLICE, NHRC, etc • BUREAU OF PUBLIC PROCUREMENT • PUBLIC SERVICE REFORMS • DOWN SIZING/RIGHT SIZING • IMPROVED WELFARE AND SALARY • NHIS • PENSION REFORMS • FISCAL RESPONSIBILITY ACT • FREEDOM OF INFORMATION ACT • SERVANT LEADERSHIP 1/1/2020 (C) E. A. SHOGUNLE, ESQ.

  26. MANDATE OF THE ICPC (S. 6 (a-f) ICPC Act, 2000) • ENFORCEMENT MANDATE: • Investigation and Prosecution of Corruption 1/1/2020

  27. SAMPLE OFFENCES • ( See S. 8-26 ICPC Act, 2000) • Demanding/Giving/Accepting Gratification • Using office or position for gratification • Inflation of contracts • Illegal Virement • Award of contract without budgetary provision or cash backing • Giving false information to a public officer • Making false returns • Acquiring private interest in public contract • Failing to report bribery transactions 1-Jan-20 SHOGUNLE@BENUE 2012.

  28. SANCTIONS • The person concerned may loss his job or standing in society; • He may be jailed; 3 months to 10 years. • He may be barred from holding any public office for a long period of time; • He may be barred from political participation/contest; • His assets may be seized by the State; • His reputation is brought to question and his standing before his family, community and society is tainted. 1-Jan-20 SHOGUNLE@BENUE 2012

  29. PREVENTIVE MANDATE • Systems study and review of practices and procedures that encourage corruption; • Advising government departments on ways of minimizing corruption; • Educating the public on and against bribery and corruption; • Enlisting public support in the fight against corruption.

  30. SALIENT FEATURES OF ICPC ACT. • ICPC ACT DESIGNED TO PROTECT AND ASSIST THE PUBLIC SERVANT TO RESIST CORRUPTION AND ABUSE OF PUBLIC OFFICE • S. 3 (3): COMPOSITION AND MEMBERSHIP OF ICPC • S.3(f): PROVIDES FOR APPOINTMENT OF A YOUTH TO THE BOARD OF ICPC; • S. 27 (4): PROVISION ON NON-DISCLOSURE OF CONTENTS OF PETITION AND IDENTITY OF PETITIONER • S. 8-10: PUNISHES PEOPLE WHO OFFER BRIBES TO PUBLIC OFFICERS • S. 23(1): DUTY TO REPORT BRIBERY TRANSACTIONS • S. 60: ‘GIFT’ OR ‘CUSTOM’ NO LONGER A DEFENSE • S. 53: PRESUMPTION OF CORRUPT INTENTION • S. 63: INDEMNITY FOR FULL DISCLOSURE • S. 25 AND S. 64 (3) PUNISHES MAKERS OF FALSE PETITIONS- 10 YEARS! • FORMATION OF ACTUs IN MDAs • REGISTRATION OF VOLUNTEERS UNDER NACVC 1-Jan-20 SHOGUNLE@BENUE 2012

  31. FOOD FOR THOUGHT “ICPC IS NOT JUST ABOUT JAILING PEOPLE AND SEIZING PROPERTY, WE ARE DETERMINED TO PROMOTE A CHANGE OF ATTITUDE IN NIGERIANS. THIS IS THE MOST CREDIBLE WAY TO FIGHT CORRUPTION!” -HON. JUSTICE EMMANUEL AYOOLA, CON, JSC (Rtd). (CHAIRMAN, ICPC: 2005-2010 ) 1-Jan-20 SHOGUNLE@BENUE 2012 1/1/2020 31

  32. WHAT CAN YOUTHS DO ABOUT CORRUPTION? • BE INFORMED ABOUT CORRUPTION • DO NOT ENGAGE IN CORRUPTION • DO NOT PROTECT, ASSIST, SUPPORT OR VOTE CORRUPT PERSONS • SUPPORT ANTI-CORRUPTION AGENCIES: • GIVE INFORMATION ABOUT CORRUPTION: REPORT TO ICPC/EFCC • JOIN PRESSURE GROUPS AND COALITIONS • BE VIGILANT! 1-Jan-20 SHOGUNLE@BENUE 2012

  33. FOOD FOR THOUGHT The ICPC Act 2000 is is a very beautiful piece of legislation; one of the best in the world! It is very potent if we are ready to use the powers assigned to this organization! – Barr. Ekpo Nta Hon. Chairman, ICPC. (ICPC Monitor Vol4 Issue 1 Oct-Dec, 2012, p.18). 33 33 33

  34. DO BE CAREFUL PLEASE, NIGERIA NEEDS YOU!

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