BY MRS. R. A. OKODUWA,mni DIRECTOR, PUBLIC ENLIGHTENMENT & SPOKESPERSON FOR THE COMMISSION, ICPC

1. OVERVIEW OF NIGERIA’S INTEGRITY LAWS BY MRS. R. A. OKODUWA,mni DIRECTOR, PUBLIC ENLIGHTENMENT & SPOKESPERSON FOR THE COMMISSION, ICPC

2. What Will You Do In This Circumstance? • An Airline Staff offers to give you a hefty discount on your excess luggage charge, but the money will not be receipted. • Your brother , with a wife and three kids, has been out of work for 3 years; he tenders for a procurement contract but erroneously submits his bid without a particular document and you are the Accounting Officer for your institution. • You live in government quarters, yet get paid full consideration for accommodation. • You are having chronic financial challenges, you receive an offer to work full-time in another institution in addition to your present job.

3. OUTLINE • Introduction • Overview of Nigeria’s Integrity laws: -The Code of Conduct for Public Officers - The Corrupt Practices and Other Related Offences Act 2000 - The Economic and Financial Crimes Commission (Establishment) Act 2004 - The Public Procurement Act 2007 - The Freedom of Information Act 2011 • Thoughts to Ponder

4. Introduction:The Purpose of Education • Education is the sum total of all the processes by which an individual develops abilities, attitudes and behaviour that facilitate meaningful existence in society. Source: Google, 2015 • The purpose of higher education is to build on the values and mental discipline learned at lower levels of education and create individuals with cultured minds and habits that last whole lifetimes. • Tragically, the Nigerian tertiary education system has derailed from this noble focus.

5. Introduction:Corruption • Dishonest or immoral behaviour that is not in line with generally accepted standards. • Abuse of an entrusted position for personal benefit. • The exploitation of a system for securing an unmerited advantage. • The breach or perversion of legal rules, established procedure, code of conduct, system of ethics, or set of moral norms (an adaptation of Assisi Asobie’s definition).

6. Introduction: Factors Responsible for Endemic Corruption C = M + D – TA Corruption thrives where there is Monopoly of power, large Discretion, lack of Transparency and Accountability (an adaptation of R. Klitgaard’s formula capturing the dynamics of Corruption)

7. Consequences of Corruption in the Tertiary Institutions “To educate a person in mind and not in morals is to educate a menace to society” --- Theodore Roosevelt

8. Source: Google, 2015

9. Mandates and Powers of CCB • Mandate: Establish and maintain a high standard of public morality in the conduct of government business. • Powers to: - Receive and examine declarations by public officers; - Retain custody of declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe; - Ensure compliance with and enforce the provisions of the Code; • Receive and investigate complaints about non-compliance with or breach of the provisions of the Code and where appropriate, refer such matters to the Code of Conduct Tribunal. (Section 3, part 1 of the Third Schedule to the 1999 Constitution)

10. Summary of the Code of Conduct • A public officer : - should not place himself in a situation where his personal interest conflicts with his official duties and responsibilities. - is not to receive emoluments from any public office concurrently with emoluments from another public office. - when employed full time, is not to participate in the management or running of any private business, profession or trade with the exemption of farming. - is not to ask for or accept any benefits for himself or any other person on account of whatever is done or omitted to be done by him in the course of his duties.

11. Summary of the Code of Conduct (Contd.) • A public officer may accept gifts from relatives or personal friends to such an extent and on such occasions as are recognized by custom. Gifts given to a public officer on public or ceremonial occasions are to be treated as gifts to his institution. • A public officer should complete the assets and liabilities declaration form within 3 months of resumption of office and thereafter at the end of every four years and the end of his term of office. • A public officer shall not be a member of any secret society or any society which is incompatible with the functions and dignity of his office.

12. The Code of Conduct Tribunal • The Tribunal looks into breaches of the Code and where it finds an officer guilty, it shall impose upon the officer any of the punishments at 18(2) of Schedule 5 of the Constitution, and such other punishment as may be prescribed by the National Assembly. • Punishment includes: removal from office; vacation of officer’s seat in any legislative house; disqualification from membership of a legislative house and from holding of any public office for a period up to 10 years; seizure and forfeiture of property acquired in abuse or corruption of office. • The sanctions are without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence. The decision of the Tribunal can be appealed.

13. The Corrupt Practices And Other Related Offences Act 2000 • COMMENCEMENT ----13TH JUNE, 2000 • S. 2 defines ‘An official’ as any director, functionary, officer, agent, servant, privy or employee serving in any capacity whatsoever in the public service or other public body, or in any private organisation, corporate body, political party, institution or other employment, whether under a contract of services or contract for services or otherwise and whether in an executive capacity or not; • ‘Person’ includes a natural person, a juristic person or any body of persons corporate or incorporate.

14. Powers and Immunities of Officers of the Commission • All the powers and immunities under the Police Act and any other laws empowering and protecting law enforcement agents – S. 5 • Powers to investigate reports and enquire into information, examine and summon persons - S. 27, 28 and 29. • The Chairman has powers to: - investigate share Account; obtain information on movable and immovable property within or outside Nigeria; seize movable property including monetary instruments, prohibit dealing with property outside Nigeria; compel the forfeiture of property where there is no prosecution for an offence; compel surrender of travel documents – S. 43 – 46; 48; 50 – 51.

15. Duties Of The Commission (Summary) Section 6 (a) – (f) of the Act 2000 on duties of ICPC summarized: - To receive and investigate reports of the attempts to commit or the actual commission of offences created by the Act and prosecute the offender (s) :ENFORCEMENT - To examine, review and enforce the correction of corruption-prone systems and procedures of public bodies with a view to minimizing corruption: PREVENTION - To educate the public on and against bribery, corruption and related offences; and enlist and foster public support in combating corruption: PUBLIC EDUCATION AND MOBILIZATION

16. Sample Offences and Punishment under the Act 2000

17. Sample Offences and Punishments Contd.

18. The Economic And Financial Crimes Commission (Establishment) Act, 2004 • The Act establishes the Economic and Financial Crimes Commission (EFCC) and designates it the Financial Intelligence Unit (FIU) in Nigeria. The EFCC is mandated to, among other things: • investigate all financial crimes including advance fee fraud, money laundering, counterfeiting, illegal charge transfers, futures market fraud, fraudulent encashment of negotiable instruments, computer credit card fraud, contract scam etc. • investigate and prosecute acts of, and aiding and abetting terrorism. • coordinate and enforce all economic and financial crimes laws and enforcement functions conferred on any other person or authority. • carry out and sustain rigorous public enlightenment campaign against economic and financial crimes within and outside Nigeria.

19. Powers of EFCC • Investigation as to whether any person or corporate body has committed an offence under the EFCC Act or other laws relating to economic and financial crimes. • Investigation into the properties of any person if it appears to the Commission that the person’s lifestyle and extent of the properties are not justified by his source of income. • Coordination of the enforcement of: • the Money Laundering Act 2011 • the Advance Fee Fraud and Other Related Offences Act 1995; - Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act as amended; • The Banks and Other Financial Institutions Act 1991 as amended; • Miscellaneous Offences Act; and • any other law or regulation relating to economic and financial crimes including the Criminal Code and Penal Code.

20. Public Procurement Act 2007 • Establishes the National Council on Public Procurement and the Bureau of Public Procurement (BPP). • Provides regulatory framework for the procurement process in respect of goods, works and services (with certain exemptions) carried out by: - the Federal Government of Nigeria and all procuring entities; - entities which derive at least 35% of the funds appropriated or proposed to be appropriated for any type of procurement from the Federation share of the Consolidated Revenue Fund.

21. The law gives legal backing to the application of due process principles in procurement which steps include: • Drawing up an Efficient Procurement Plan driven by a Needs Assessment • Adequate Appropriation • Appropriate level of advertisement (based on tender threshold) • Transparent Pre-qualification/Tender • Sealed Bid Submission/Transparent Bid Opening • Bid Evaluation - Technical& Financial • Tenders Board/Federal Executive Council (FEC) approval (based on threshold) • Contract Award • Project Implementation

22. Procurement Offences & Sanctions Part XII, Section 58 of the Public Procurement Act 2007 • Entering or attempting to enter a collusion agreement with a supplier, contractor or consultant; • Conducting or attempting to conduct a procurement fraud by means of unlawful influence, undue interest, bribery, or corruption; • Directly or indirectly trying to influence in any manner the procurement process to obtain an unfair advantage in the award of a contract; • Splitting of tenders; Bid rigging; • Altering any procurement document with intent to influence the outcome of a tender proceeding; • Uttering or using fake documents; refusal to allow BPP access to procurement records.

23. Sanctions • Any officer of BPP or a procuring entity who contravenes any provision of the Act is liable upon conviction to a jail term of not less than 5 years without the option of fine and summary dismissal from government services. • The punishment for any natural person, not being a public officer is a jail term of not less than 5 calendar years without an option of fine. • Where any legal person is convicted, every director of such a company as listed on its records at the Corporate Affairs Commission shall be liable to a jail term of not less than 3 calendar years without an option fine.

24. Freedom Of Information Act 2011 • Freedom of Information refers to the right, which members of the public have, to access information held by government officials & institutions. The underlying philosophy is that public organizations hold information as custodians of the public good and everyone has a right to access this information, subject only to clearly defined rules established by law. • The FOI Act 2011 gives every person a legally enforceable right of access to all records, documents & information held by public institutions, subject to certain exemptions stated in the Act.

25. Key Features of the FOI Act 2011 • Public institutions to proactively publish & regularly update certain types of information (e.g. details of the programmes of each division, branch & department of the institution) through print, electronic & online means. • Information relating to: - the receipt or expenditure of public or other funds of the institution; - names, salaries, titles, and dates of employment of all employees and officers; - any grant or contract made. • Public institutions are to record & keep information about their activities, & maintain the information in a manner that facilitates public access to the information. • An applicant should ordinarily receive the information he or she is requesting within 7 days.

26. Exempted information under the Act include: • Information which may - be injurious to the conduct of international affairs; - be injurious to the defence of Nigeria; - interfere with law enforcement investigations or be injurious to the security of penal institutions; - pertain to test questions, scoring keys & examination data used to administer an academic examination; • Library circulation and other records identifying library users with specific materials. • Personal information about the private lives of individuals, whether they are public officials or private citizens. • Trade secrets & commercial information obtained from a person or business that are proprietary, privileged or confidential. • Information subject to Solicitor-Client privilege; Doctor-Patient privilege; Journalism confidentiality privileges; & other professional privileges conferred by a Law.

27. Key Features of the FOI Act 2011 The Act creates 2 offences

28. The FOI Act supersedes the provisions of all other Acts, Laws or Regulations, except the Constitution & those Laws with constitutional flavour. • It supersedes the Official Secrets Act, the Evidence Act, the Criminal Code, the Penal Code, the Federal Public Service Rules, etc. • These instruments cannot be used to limit its scope or application. Obligations of Public Institutions Under the FOI Act 2011 • An applicant should not be required to state any reason why he/she needs the information being applied for. • Response to be given within 7 days (and another 7 days, if need be) could grant access; deny access to all or part of the information, stating reasons (supported by the Act) for denial; or give notice of transfer of the request to another institution as appropriate.

29. Ponder this! • “One man cannot do right in one department of his life whilst he is occupied in doing wrong in any other department. Life is one indivisible whole” - Mahatma Ghandi • “In relations in the state, men should be honest, not alone because of moral edict but because, if they are not, they strike at the existence of society upon which they depend for greater personal expression” – Validivar • (a Rosicrucian-sponsored statement at page 5, The Guardian, October 4, 2012)

30. WHO IS THE VICTIM? Corruptionmakes life in Nigeria ‘poor, nasty, brutish and short’ Are we going to be part of the problem or break out a fresh paradigm and be part of the solution?

31. THANK YOU

32. BIBLIOGRAPHY • Federal Republic of Nigeria (2011) 1999 Constitution of the Federal Republic of Nigeria(With Amendments 2011). • Federal Republic of Nigeria (2000) The Corrupt Practices and Other Related Offences Act 2000, Ibadan: University Press. • Federal Republic of Nigeria (2004) Economic and Financial Crimes Commission (Establishment)Act 2004, Abuja: Heritage Press. • Federal Republic of Nigeria (2007) Public Procurement Act 2007, Lagos: The Federal Government Printer. • Media Rights Agenda (2011) Freedom of Information Act 2011, Lagos: Media Rights Agenda Press.