The London Summit on Corruption has ended, with participants agreeing on a concerted approach to tackling the malaise. President Muhammadu Buhari urged the United Kingdom to ease the repatriation of stolen funds. How can this be achieved? Lawyers proffer suggestions, including the need to strengthen internal mechanisms, Eric Ikhilae reports
For three days last week in London, global attention shifted to corruption and its negative impact on human development and world peace.
Experts, including leaders and technocrats, at the Global Summit on Corruption, reviewed past efforts at combating the menace, and agreed on adopting more stringent measures.
When it all ended, there was a consensus that combating corruption required concerted effort and that attaining global peace and development would remain a mirage if some powerful countries served as havens for stolen assets.
Part of President Muhammadu Buhari’s submissions was for Nigeria’s stolen funds to be repatriated. He noted that the process had been tedious.
Facilitating return of stolen funds
The summit agreed to create the Global Forum for Assets Recovery (GFAR).
It is to bring together governments and law enforcement agencies to agree on modalities for returning stolen assets to countries like Nigeria, Sri Lanka, Ukraine and Tunisia.
To underscore the importance of its mission, a meeting of the GFAR has been scheduled for the United States next year, with the United Kingdom (UK) agreeing to co-host. The United Nations and World Bank promised their support.
For Nigeria, the message that corruption was no longer fashionable, was driven home by the UK Prime Minister, David Cameron, to the effect that Nigeria was the first of the two “fantastically corrupt” nations in the world.
Although many have criticised Cameron for his observation, many have also hailed Buhari for his response to the comment. He said Cameron was right about the level of corruption in Nigeria, but that it was time for the UK to review its policy of running with the hare and hunting with the hounds.
To Buhari, who noted that an apology from Cameron was immaterial, there is the need for the developed world to shed its ambivalent posture on corruption, knowing that a candle cannot burn at both ends.
Buhari urged the international community to create an anti-corruption infrastructure and a strategic action plan to facilitate the speedy recovery and repatriation of stolen funds in secret bank accounts abroad.
He said new measures against corruption that would be adopted should include mechanisms to assist Nigeria to combat illegal activities, such as crude oil theft, to which it loses about $7bn annually.
“Corruption creates a system where resources are shared by a small elite while the majority wallows in poverty. Corruption also undermines the ability of countries to finance development.
“A prominent feature of that global framework is the recognition that good governance and measures to combat corruption and curb illicit financial flows will be integral to the effort to attain sustainable development globally by the year 2050.
“I wish to reiterate our demand that the global community must come up with mechanisms for dismantling havens for stolen funds and facilitate the return of stolen assets to their countries of origin.
“It is for this reason that my government is determined to address illicit financial outflows which have served as a major impediment to progress in our country,” Buhari said
Internal measures to curb graft
Buhari has vowed to implement the Open Contracting Data Standard (OCDS) in furtherance of the war against corruption.
The OCDS, Presidential Media Adviser Femi Adesina said, enables the disclosure of data and documents at all stages of the contracting process by defining a common data model.
“The publication of OCDS data ensures greater transparency in public contracting, and can support accessible and in-depth analysis of the efficiency, effectiveness, fairness, and integrity of public contracting systems,” he said.
The President further spoke of plans to ensure greater transparency in the ownership and control of companies involved in property purchase and public contracting.
“Nigeria is already collating this information through the Extractive Industry Initiative process and will extend it to other sectors.
“Nigeria will establish a transparent central register of foreign companies bidding on public contracts and buying property. We welcome the proposal by developed countries to work together to improve the access of developing countries to beneficial ownership information for use in public contracting.”
Buhari, who hailed a proposal to restrict the ability of those involved in corruption to travel, invest and do business overseas, expressed Nigeria’s commitment “to deploying public-private information sharing partnerships to bring together governments, law enforcement, regulators and the financial sector to detect, prevent and disrupt money laundering linked to corruption.”
Room for improvement
Observers agreed that the President has, by his utterances and actions, demonstrated enough commitment to the anti-corruption fight.
They said the administration’s war against graft lacked foundation, framework and tact.
They wondered why, about a year in the saddle, the President was still carrying on as if the war against graft is a project for the Executive alone, without sufficient buy-in from other arms of government.
To critics, since corruption became a norm, a President, who hinged his campaign on anti-corruption, ought to have evolved a multifaceted strategy in this regard.
Such strategy, they argued, ought to begin with a nationwide value re-orientation campaign; a total review of the recruitment and elevation process in government agencies, a departure from the existing reward system and constant payment of workers’ legitimate earnings (salaries and emoluments), because war against corruption cannot be sustained where workers are denied their dues.
They further argued that, one year into this government, no robust/well-articulated anti-corruption strategy is visible.
To observers, it appeared every government agency is on its own, which accounted for why the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), who ought to serve as the arrowhead of the anti-corruption war, is seen more as an obstacle.
Need for synergy
To observers, the President’s inability to interface with the other arms of government, and convince them to buy into his agenda, reflects a deficit in the President’s democratic credentials.
Democracy, they said, is about the ability to win the majority over. They contend that it was incumbent on the President to liaise effectively with the other arms of government, particularly the Judiciary to ensure prompt prosecution of corruption cases.
Nearly one year into the Buhari administration, no conviction has been recorded in any of the corruption cases initiated since last year.
In those cases where trial had commenced – those involving Senate President, Bukola Saraki and former Chief of Defence Staff (CDS), Alex Badeh – defence lawyers still exploit the inherent inadequacies in the criminal justice system despite the innovative provisions of the Administration of Criminal Justice Act (ACJA) 2015.
This development compelled a prosecution lawyer in both cases, Rotimi Jacobs (SAN), to complain that defence lawyers in the cases involving Saraki and Badeh were delaying proceedings by adopting slow cross-examination tactics.
While a prosecution witness presents his evidence-in-chief in one or two days, it has taken an average of six to eight days for the defence to cross-examine the same witness.
There is also the challenge of the paucity of expert and trustworthy prosecution lawyers. There are currently about 10 on-going high profile criminal cases in different courts in Abuja alone. Incidentally, they are being handled by Jacobs and a number of in-house lawyers in the EFCC, who are mostly junior counsel.
This development has, in most cases contributed to delay in the trial process. There have been instances where trial had to be put off because Jacobs was involved in other proceedings in separate courts. And, as against the position presented by the government, a defendant in most of these cases parades a minimum of three Senior Advocates, with tens of junior lawyers.
Lawyers speak
Lawyers, including Dr. Kabir Mustapher of the Centre for Public Accountability (CPA), Adebayo Adedapo and Moses Ugochukwu are of the view that it was not yet too late in the day for the government to reassess its anti-corruption measures and make amend where necessary.
Mustapher suggested the need for all arms of government to agree on the need to end corruption first, among public officials and institutions, which he believes will ultimately reflect on the private sector.
“There is no doubt that President Buhari is interested in curbing corruption in the country. But he should realise that he cannot do it alone.
“It is high time he was told to act democratically and seek audience with other stakeholders, particularly the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed and other leaders of the Judiciary, on what role the judiciary can play in this regard.
“Luckily the tenure of this CJN will soon expire. I do not see why President Buhari should not look outside the Judiciary to appoint Mohammed’s successor. The law allows him to do so.
“This will allow us have a clean break from the status quo and a tradition of succession that encourages indolence and sustain a culture that we seem to now be uncomfortable with,” Mustapher said.
Adedapo suggested the creation of separate courts to try corruption cases to ensure swift determination of cases involving corrupt individuals.
He noted that with the current pace of trial, most of the existing cases may not be concluded before 2019. He also suggested the introduction of time restriction in criminal prosecution procedure as is currently the case in election cases.
“The Chairman, Presidential Advisory Committee against Corruption (PACC), Itse Sagay (SAN), was recently reported that the government was working on special courts for corruption and that judges who ‘can never be compromised by financial blandishments’ will be chosen to form the core of the bench for this special assignment.
“Under President Buhari, the EFCC has shown its capacity to work. The AGF should coordinate effort at improving its proficiency in investigation and prosecution, and ensure that it is better funded.
“I do not know what they are doing with the Independent Corrupt Practices and other related offences Commission (ICPC). The agency appears to be on holiday. I believe every agency’s support is required now and the onus is on the AGF to coordinate this.
“To ensure a success of the fight against corruption, the government is required to build effective institutions, with the clear objective of developing a competent civil service that takes pride in being independent of both private influence and public interference,” Adedapo said.
Ugochukwu urged the AGF to put on his thinking cap and ensure that he builds a robust prosecutor team that can effectively match what the defendants currently parade.
“We have honest and quality criminal lawyers, who are willing to render their services to the government in this area. It is the responsibility of the AGF to work this out. He should be able to identify these people and work out a modality for their engagement.
“We cannot be seen to complain that the rogues, who we seek to constrain, are more armed and powerful than the state. The AGF needs to identify what his responsibilities are. It is not his business to, individually, seek to recover funds in any manner.
“It is embarrassing enough that the AGF went into a negotiation with a firm to reduce the fine imposed on it without the knowledge of the Minister in charge of that sector. I understand the BCC was also not involved.
“How again, do you explain an AGF engaging an ex-convict to help recover hidden funds in banks, without the involvement of other relevant government agencies? I think someone should call this AGF to order, before he frustrates the President’s efforts to curb corruption in the country,” Ugochukwu said.
