Tag: corruption

  • Budget: Why corruption persists

    Alot had been said on corruption in Nigeria. It is so pervasive that one may conclude that most Nigerians have been socialized to see corruption as a national pastime – a normal way of life. At micro household level, for instance, it is not impossible to hear of many parents aiding their wards in examination malpractices thereby contributing to this social malady. At other instances, it is not uncommon to see civil servants routinely demand for kickbacks before they do the needful. More lamentably, evidence of pervasive corruption in every aspect of our daily life could lead to a harsh conclusion that corruption is part of our society and our society is part of corruption.

    In any case, the issue of corruption in our budget systems has been well documented as one critical factor hindering Nigeria’s development agenda for several decades. A lot of manipulations are associated with our budgeting process both at federal and state levels ranging from ghost projects like the so-called constituency projects, frivolous line items, wasteful expenditure, inflation of contracts and illegal virement. Budget line items are often inflated by adding unnecessary wasteful expenditure that would obvious come back to private pockets. In fact, evidence shows that budget padding, which has become somehow accepted as a tradition, is not a new phenomenon. Rather, it is part of a long standing culture of impunity transcending all arms of government especially the executive and legislature. As such illegalities in our budget systems appear to have been perfected as a result of pervasive corruption in the system cut across ministries, departments and agencies (MDAs).

    While budgeting is not limited to public/government alone as it cut across all human endeavours including individuals, organizations, and cooperate bodies etc., however, our focus here is on the public expenditure/finance management. Whether formal or informal, budget is a critical exercise of raising and allocating resources to attain the economic and social well being goals of the entity concerned. Thus, the term Budget as everybody knows “is an estimate of cost, revenue and resources over a specific period reflecting a reading of future financial condition and goals”. It must be noted that public budget is important because it enables the government to plan and manage its financial resources to support the implementation of various programmes and projects that best promote the development of the country. That’s why there is need for greater budget transparency and effective citizen-participation.

    In recent years, civil society organizations (CSOs) working around budget advocacy work in Nigeria have documented frivolous and wasteful expenditure running into several billions of naira from annual federal budget documents. In 2016, for instance, a saving of about N50 billion was recommended just from the budgets of six MDAs (Power, Interior, Communications, Information &Culture, Labour and Judiciary) of about one trillion naira sent to National Assembly. The purpose of annual budget will never be realized if the document is always laced with deliberate frivolities and wasteful expenditure which is just meant to grease private pockets. The little spending that ought to have been beneficial to the people in terms of provisions of much needed critical infrastructures, human capital development and pro-poor social interventions often suffer from inadequate release of funds, un-completed projects and outright abandonment! Excessive allocation of funds to non-priority projects is detriment to provision of critical infrastructural development and human capital development in the country.

    For how long are we to live with this deception? Yet our fiscal authorities from the executive and legislature arms of government have not demonstrated sufficient will to correct these abnormalities over the years. The budget office and the MDAs involved should top deceiving us. We don’t believe they are not aware of numerous deliberate corrupt practices associated with our budget process such as inflation of project funds, line items repetition or duplications and other frivolities in budget brought before them. If they claim ignorance, perhaps may be some of them do not know their onions which is not impossible since more often than not, we don’t employ people on merit but on the basis of nepotism and favoritism. There should be more effective checking of the budget proposals submitted for their scrutiny. If they need more hands, they should not hesitate to employ vibrant Nigerians who are ready to work, to reenergize the system.

    The National Assembly must ensure that duplications should be streamlined before any budget proposal is passed into law. Using different terms or phrases for the same project/ line item have become recurring events in our budget document. Budget office should stop MDAs from using different languages to describe same project. For budget credibility, there is acceptable margin of error beyond which repetitious line items or duplications would amount to deliberate inanity. This is the more reason the legislature must work collaboratively with CSOs across the country to help track frivolous and wasteful expenditure in order to eliminate repetitious or duplication of line items, which is one of the problems identified as bedeviling our budget template. No doing so would be disastrous and amount to abetting corruption through waste of scarce public resources.

    An experience from our analysis of 2016 Appropriation Act is illustrative. While N400 million was allocated for provision of “Water Supply Scheme in Kwara Central Senatorial District” (which the Senate President, Dr. Abubakar Bukola Saraki, represent) with the Code no LNRB001016544 for instance; another line item with same budgetary provision and project description is given a different Code no LNRBDA09016547. Yet other line items with Code Nos.: LNRBDA09016546 and LNRBDA09016527 for “Rehabilitation and Expansion of Water Works in Kwara Central Senatorial District” and “Water Supply Scheme and Erosion Control in Kwara Central Senatorial District” were allocated N300million and N350million respectively (see, Budget Factsheet, GDAC forthcoming). These are just few instances of many deliberate duplications and repetition of line items in 2016 Budget.

    Insertion of project or expenditure items without prior knowledge as to the cost of such items is also common in our budget. This amounts to price speculation without effective verification by the MDA concerned. As a matter of fact, the Ministry of Industry, Trade and Investment, Bureau of Public Procurement and other concerned authorities should carry out field work in this area to ascertain and avoid further anomalies.

    A project approved in previous year is still seen listed as new project in subsequent years despite funding commitments. What happens to the money released in the previous years? Undoubtedly, our public budgets are frequently laced with irregularities, frivolities, wasteful expenditure, including budget padding as most MDAs have perfected the manipulation of our budgeting system to suit their selfish interests. In that sense, it helped overshoot our deficit financing, hindered the direction of available resources to critical capital projects. All these create serious setback for our national development aspiration.

    To minimize these abnormalities, there is need to expand capacity for CSOs participation in budget process. Lack of grassroots participation in budget analysis, tracking and monitoring of projects funded by public budget plays a lot in aiding corruption as little effort is often made to see the reality of what have been budgeted is effectively implemented. Increased grassroots budget literacy will thus play catalytic role in reducing corruption in our budgeting process at all levels of governance in the country.

     

    • Salman and Abdulrasaq are of Grassroots Development and Advocacy Centre

    Ilorin, Kwara State

  • Reps to Obasanjo: You’re grandfather of corruption

    Reps to Obasanjo: You’re grandfather of corruption

    …Says he’s angry with NASS over Third Term

    The House of Representatives Thursday lambasted former President Olusegun Obasanjo over his statement that the National Assembly stinks.

    The lawmakers described him as the “grandfather of Corruption,” adding that he wants to bring down Buhari’s government and that he is “acting as lifetime opposition leader, blackmailer,”

    The former President while delivering a lecture at the first Akintola Williams Annual Lecture in Lagos on Wednesday had said the “National Assembly stinks and stinks to high heavens. It needs to be purged.”

    He also accused the Parliament of corruption and of operating a cabal “worse than any cabal that anybody may find anywhere in our national governance system at any time.”

    In a Press Conference by Hon. Abdulrazak Namdas, Chairman, House Committee on Media & Publicity Thursday the Green Chamber spared no invective as it also said Obasanjo introduced corruption to National Assembly on its first day in 1999.

    His words: “Our attention has been drawn to a statement credited to former President Olusegun Obasanjo at a lecture he delivered recently, wherein, in his characteristic manner accused everybody but himself of corruption.

    “He ventured to accuse the National Assembly of Budget padding, accused the House of criminal activities of threatening the life of a “whistleblower”, lampooned constituency projects which he approved as President, ventured to discuss the budget of National Assembly which is highly underfunded?

    In the speech Namdas said the House would ordinarily not join issues with the former President as he has held an office that deserves respect and reverence.

    “However, because of the material misstatement of facts, outright lies and falsehoods, and mischievous innuendo introduced in his statement, we are left with no option but to correct him.

    “We have repeatedly maintained that there was no “padding” of the 2016 Appropriation Act, which is a legitimate document passed by the National Assembly, authenticated by the Clerk to the National Assembly as provided in the Acts Authentication Act and assented to by Mr. President. It is most unfortunate that a former President of Chief Obasanjo’s stature would allow himself to be hoodwinked and procured by a renegade member of the House, who embarked on massive propaganda and lies just because he was removed from office.

    “For the avoidance of doubt, there is no crime that was committed by the National Assembly by exercising its constitutional function of appropriation. If Chief Obasanjo has an issue with the execution of the 2016 Budget or indeed other Appropriation Acts, he should direct his anger elsewhere.

    “He claimed that the National Assembly Budget is very high, when by all standards, the National Assembly is grossly underfunded and is hampered from effectively and legitimately carrying out its constitutionally assigned functions. The National Assembly Budget funds a bureaucracy of about 5,000 civil servants. It has some other agencies under its preview such as the National Assembly Service Commission with its own staff of about 500; even the Public Complaints Commission is now a parastatal of the National Assembly.

    “National Assembly Budget also funds the National Institute for Legislative Studies, which is a legislative think-tank and highly rated academic institution that serves both National and State Houses of Assembly and even international legislators. All these agencies also have their capital budget including development of their headquarters, procurement of office equipment, procurement of regular items for running their offices; the National Assembly maintain legislative aides of about 3,000 in number, that aid the work of the Assembly; it also conducts regular public hearings involving the media and stakeholders and oversight activities, involving huge sums of money.

    “The cost implication of running the National Assembly is high because of the nature of our Presidential democracy. Then of course, there are 109 Senators and 360 members of the House of Representatives that require proper equipment to function effectively. They require adequate travel and transport support to carry out legislative functions. The National Assembly also has buildings and offices to build and maintain. National Assembly staff and members attend conferences, trainings, seminars to keep abreast of legislative developments worldwide. The activities are very encompassing and expensive.

    “It is also unbecoming of a former President to quote figures of sums of money that are factually incorrect. No member of the House of Representatives receives N10m every month. The salaries and allowances of members of the House are as determined by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC). Of course further sums of money are spent as running costs, that is, the cost of running the office of a member.

    “If a Minister, Chief Executive or Director in a Ministry travels on official duties, for instance, do you include the cost of his ticket and accommodation as part of his salary or allowances? Does the cost of stationeries and maintenance of equipment like computers used in their offices, form part of their salaries and allowances?

    “These are some of the costs that must be taken care of by the National Assembly and the media calls these costs “jumbo pay”. For goodness sake, the National Assembly is an arm of government, not just an ordinary agency of government.”

    The Reps Spokesman said Budget of many agencies in the Executive Branch are indeed higher than the current Budget of the National Assembly that is an arm of government.

    “Examples abound, CBN, NNPC, NCC etc. Allowances paid to even junior staff of some of these government agencies cannot be compared to what members of National Assembly enjoy.

    “Undoubtedly, the former President Obasanjo is understandably angry with the National Assembly as an institution having foiled his ambition for a third-term in office even after trying to corrupt the members with a bribe of at least N50m each. Lest we forget, the person who introduced corruption to the National Assembly is Chief Olesugn Obasanjo.

    “He birthed the 4th Republic National Assembly with corrupt practices from day one; indeed the first day of the Republic. He bribed both PDP, ANPP and AD legislators on their inauguration in 1999 to vote against the majority candidate of PDP, Dr. Chuba Okadigbo. That was how Senator Evan Enwerem became Senate President.

    “Have we forgotten the sacks of money displayed on the floor of the House of Representatives being bribe money paid by Chief Olusegun Obasanjo to some Honourable members to impeach Speaker, Rt. Hon. Ghali N’abba?

    “Have we forgotten that Chief Olusegun Obasanjo used his position as President to extort money from businessmen and contractors with his government to build his presidential library?

    “The list of his corrupt acts while in office is endless. Unquestionably, he is the greatest corrupt person ever to hold office in Nigeria. He remains the grandfather of corruption in Nigeria and lacks the moral authority to discuss corruption or indeed abuse of office in Nigeria as he remains the most corrupt Nigerian on record.

    “It is unfortunate that he has started his very familiar method of bringing down governments. He did it to Alhaji Shehu Shagari, he did it to Gen. Buhari, he did same to Gen. Babangida, he attempted to bring down Gen. Abacha before he imprisoned him for treason; he made frantic efforts to derail the government of President Ya’ardua when he couldn’t use him.

    “He supported President Goodluck Jonathan but when he refused to take dictation, he turned against him. He supported President Buhari, but since he has sensed that Nigeria is having economic difficulties under him, he has pounced to derail his government.

    “The way Chief Obasanjo talks gives the impression that he is a lifetime opposition leader who has never held any office. What did he do about the issues he raised in his 8 years as President?

    “This is a man with unlimited access to President Buhari. Or is it because he has not appointed all his cronies as requested? We may never know. His stuck in trade is blackmail, subversion and treachery.  We wish him well.”

  • Corruption: Beyond PDP and ‘Dazukigate’

    President Buhari’s resolve to do what he thinks is best for our country is not in doubt. Precisely because he genuinely believes if we don’t kill corruption, corruption will kill us, he is pursuing his war against corruption with unwavering resolve. It is just as well that the majority of Nigerians support the renewed crusade. He is not afraid to stand alone. If it had been otherwise, as he did during his first coming as head of a military junta when he was removed through a palace coup for refusing to listen to those who criticized his method of tarring with the same brush, politicians who spent government money to build s universities for their youths and those who spent their state money to establish private banks, as well as those who campaigned against the killing of drug pushers through retroactive decrees. Today it is most unlikely Buhari will sacrifice his goal for popularity or for a re-election in 2019.

    For  the first time in our nation’s history,  Generals who as ‘custodians’ of our constitution fraudulently claim ‘they sacrifice their present for our future’  have been shown to be nothing but soldiers of fortunes and are in court to defend their honour. Politicians who believe ‘stealing government fund is not corruption’ are having their days in court.   The Senate President has spent the greater part of the last 16 months in court over alleged false and anticipatory declaration of assets. His deputy has had a day in court over an alleged forgery of Senate rules.

    The judiciary is not spared.  Some judges of appeal and apex courts, the otherwise untouchables, have been shown to be men with feet of clay. The Buhari war on corruption is in full swing and anyone, friend or foe that stands on his path will be crushed.

    But corruption as Buhari has said several times is fighting back. That is not unexpected with some of those indicted by a House probe over the theft of N1.6 trillion through the fuel subsidy scam now pontificating about how to rebuild the economy and solve the country’s foreign exchange problems; with those who confiscated our national patrimony for next to nothing only to erect skyscrapers where rents are charged in dollars constituting the political class and with those who through ill-implemented privatization programme, confiscated $100b national investments for a paltry $1b and who after asset stripping now control critical sectors of the economy.

    But corruption is national malaise that defies party lines. With Buhari unable to move beyond ‘Dazukigate’ and PDP almost 16 months in control, most people thought the corruption war in spite of his resolve was doomed until what appeared a breakthrough in Fayose and Patience Jonathan’s alleged fraud cases last week. Long before Obanikoro’s recent confession that he indeed ferried about N1.3b to Fayose for the purpose of rigging election, Fayose had maintained donations for his re-election bid poured in from well wishers including Zenith Bank. (The bank has since denied making contribution). The anti-corruption body, according to a Punch newspaper report, has trailed Mrs. Moji Ladeji, Fayose’s sister to the UK over a N200m house located at 44 Osun Crescent, Maitama, Abuja, a highbrow area in the nation’s capital. The body also told us that Fayose’s house on Tiamiyu Savage Street, Victoria Island, Lagos, said to be worth about N1.1bn was the proceeds of kickback from government contractors – Samchese Nigeria Limited, Tender Branch Concept Nigeria Limited, Hoff Concept Limited and Calibre Consulting Limited

    In the case of Mrs. Jonathan, we were also told she probably owns the staggering $175m found in the account of Pluto Property and Investment Limited (PPIL), one of the four companies convicted by Justice Babs Kuewumi Abuja Federal High Court, on November 2 for laundering the sum of $15.5 million, which the former First Lady had claimed belong to her.

    While the chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof Itse Sagay, has said “some of the sections under the ICPC law, allow such amount to be forfeited to the state, if you found a sum of money like that and somebody claims it but cannot establish how he or she acquired it”, Mike Ozekhome has said that “Section 36 of the 1999 Constitution, presumes the innocence of a person accused of any criminal offence”, arguing that “It is the state or the accuser that should prove a crime beyond reasonable doubt”. Udenga Eradiri, of the Ijaw Youth Council (IYC) Worldwide has however added a new dimension by claiming just like Fayose that the bulk of the money under investigation was given to the ex-First Lady as a gift by her well-wishers and friends of her family by ‘virtue of her position as wife to former deputy governor, governor, Vice-President”. He went on to speak of persecution of the Jonathan family by those who are not happy with his rising profile.

    “There are other First Ladies in this country”, he concluded with a tint of sarcasm

    He is right. For instance Reuben Abati, the former senior media adviser to ex-President Jonathan in a piece titled “the Ikoyi Houses Scam in The Guardian on Sunday April 3, 2005 had wondered “how Mrs. Stella Obasanjo whose only known occupation is that of being the wife of President Obasanjo has managed to become so rich that she alone collected eight certificates of ownership of Ikoyi property for herself and on behalf of her relations?” (Obasanjo later cancelled the allocations).

    Similarly, in the celebrated case between  Mrs. Jonathan and Hajiya Turai Yar’Adua, her predecessor  over the disputed Plot 1347 at the Cadastral Zone A00, the  latter  as the Registered Trustee of Women and Youth Empowerment Foundation, WAYE told the court that her NGO   not only paid N184,529,438 as statutory Right of Occupancy  but that  N76,939,210 was also paid as building plan fees’ shortly after which it engaged a building company, Al-Cooks Nigeria Limited, to develop the property for N13, 516,013,797.58.  Turai, like Stella and Patience, were all housewives.

    But I think EFCC’s new approach based on information and intelligence gathering  as done in other democratic societies where the ‘Big Brother’ is always there to let the governed know they have no hiding place for anonymous  donors to questionable pet projects by those in government and their spouses, is a step in the right direction.  Developed democracies are nothing but George Orwell’s Nineteen Eighty-Four Stalinist state. The sinister vision of Orwell who had said after writing the satire “I do not believe that the kind of society I describe necessarily will arrive, but I believe that something resembling it could arrive” is today a reality in USA, Britain, Germany and other European nations where Big brother is watching everywhere and freedom is curtailed, not merely by physical force but by a complete denial of privacy and by the control of all information”.

    Government today is a science. Politicians, soldiers, judges in developed democracies are humans with the same human frailties like us. The only difference is that there is deterrence for breaking the law because theirs is an Orwellian state while we have chosen to live in Orwellian Animal farm. Beyond ‘Dazukigate and PDP, Buhari’s greatest legacy in the war on corruption besides equipping the anti-corruption agencies  with necessary skills will be by investing in other institutions needed to run a modern democratic state.

     

  • Corruption fighting back?

    Corruption fighting back?

    ON the sidelines of the conference on climate change, COP22, in Marrakech, Morocco, President Muhammadu Buhari reportedly told the U.S. Secretary of State, John Kerry, that corruption was fighting back in Nigeria. It is not known whether the U.S. diplomat asked for a status report on corruption. But according to the president’s spokesman, Femi Adesina, President Buhari told the U.S. top diplomat that he was optimistic Nigeria would win the anti-corruption war. Whether in the Marrakech event or in the flurry of statements by the president and his aides and ministers, no details were ever provided on how corruption was fighting back. Were those accused of corruption not expected to press legal options to prove their innocence, a process Mr Kerry is undoubtedly familiar with? Or were there any indications they malevolently and conspiratorially forced the price of oil down and caused the president to adopt policies that constrained the economy? Whatever ploys the corrupt are deploying against the government, the president of course reserves the right to expose and punish them, not just accuse them in the media.

    But what is even more damning is the constant recourse by Nigerian leaders to report themselves to foreign leaders and powers, complete with status report on their citizens, political parties and even the judiciary. Is it not time this neocolonial mindset was obliterated? Is it not time this ‘house Negro’ mentality was demolished? The anti-corruption war is a peculiar challenge. The government should look inwards, harness brains, and devise novel and yet constitutional ways of dealing with these challenges. Enough of sucking up to whites who have nothing but contempt for black Africans. Africa urgently needs to produce leaders who can call their souls their own, men and women whose persons the world will respect and whose discipline and policies will be emulated.

  • We’ll defeat corruption, says Buhari

    We’ll defeat corruption, says Buhari

    President Muhammadu Buhari is sure that his administration will win the anti-corruption war, even though it is tough, grueling, and fighting back vigorously.

    The President spoke during a meeting with American Secretary of State John Kerry on Wednesday on the sidelines of conference on climate change, COP22, in Marrakech, Morocco.

    In a statement by his Special Adviser on Media and Publicity, Mr. Femi Adesina, President Buhari said corrupt people had accumulated a formidable arsenal of illicit wealth, which they were deploying against the government on diverse fronts.

    He said: “But it is a war we are determined to win, and which we will win,”

    “People of goodwill are behind us, countries like America and many others are with us, and we will surely win.”

    The President also updated Secretary Kerry on the war against insurgency in the Northeast and efforts being made to tackle humanitarian problems caused by the insurgency. He said a presidential committee had been launched “under Gen. T.Y Danjuma, a man of high integrity.”

    On the unrest in the Niger Delta, which manifests in the sabotage of critical oil and power installations, President Buhari said the engagement process was proceeding apace, adding that it was rather difficult bringing the main protagonists of the insurgency under one umbrella.

    He said Nigeria was happy with American support on various fronts, assuring that the economic challenges facing the country were being “frontally tackled, and we will overcome them soon”.

    Secretary Kerry expressed delight at the many successes of the Buhari administration, pledging continued U.S. support in the bid to overcome security, humanitarian, political and economic challenges.

    As the Barack Obama administration exits in January, Kerry said he would love to continue engaging with Nigeria, even in a private capacity.

    He described President Buhari as a strong international partner in the battle against violent extremism.

  • Corruption: Beyond the Nigerian oil industry

    Based on statistical and empirical evidences, Petroleum, the naturally occurring, yellow-to-black liquid found in geological formations beneath the earth’s surface, has been a source joy to some countries and harbinger of pain to others. Indeed, while some countries have in place structures for the judicious management of the monumental profit derived from the sale of petroleum for economic, infrastructural and technological transformation, others have used the resource to institutionalise corruption that ensures a seeming perpetual underdevelopment and pauperisation of the populace.

    According to the International Energy Agency (IEA), in 2016, Saudi Arabia and Russia regained the number one and two respectively, after briefly conceding it to the United States in 2015. Prior to that, in 2014 over 66% of world oil production came from the top 10 countries: Saudi Arabia 542 Mt (13%), Russia 529 Mt (13%), United States 509 Mt (12%), China 212 Mt (5%), Canada 208 Mt (5%), Iran 166 Mt (4%), Iraq 160 Mt (4%), Kuwait 158 Mt (4%), United Arab Emirates 157 Mt (4%) and Venezuela 151 Mt (4%). Total oil production was 4,200 Mt.

    Interestingly, most of the aforementioned oil producing countries rank among the most prosperous nations in the world, perhaps with the exception of Iraq and Venezuela, whose oil industries had been blighted by insurgency and questionable leadership. Also, when it comes to oil and gas reserves per capita, countries like Venezuela, Nigeria, Mexico, Angola, Algeria and Oman are among the richest. The problem is that the vast majority of people in these countries don’t see that wealth transferred in terms of economic growth and job opportunities due to entrenched corruption.

    The regime of heist is, however, not restricted to the oil industry of individual nations; reports continue to hug the headlines about oil majors – corporations with exploration and drilling expertise – who operate in developing countries employing all manner of underhand strategies to cheat their host nations and indigenous partnering companies.

    In Nigeria, it would amount to an understatement to say the oil industry is plagued with endemic corruption. In one of the scandals involving the Nigerian National Petroleum Corporation (NNPC), the country’s official audit revealed that around $19 billion of oil revenues went missing through corruption and oil theft in 2014 alone. An independent investigative analysis by the Natural Resource Governance Institute (NRGI) had revealed that over $32 billion oil revenue was lost to NNPC’s mismanagement of Domestic Crude Allocation (DCA), opaque revenue retention practices and corruption-ridden oil-for-product swap agreements.

    While the impeachment of Brazil’s former President, Dilma Rousseff officially cites allegations that she manipulated the federal budget to disguise a growing deficit, it was a sprawling scandal at Petrobras, the state-owned oil company, which had taken a greater toll on her government that helped generate support for her removal. Though Rousseff was not accused of any crime, but before assuming the Brazilian presidency in 2011, she was chairman of Petrobras between 2003 and in 2010 when much of the corruption allegedly took place. The opposition alleges her presidential election campaigns of 2010 and 2014 were funded by corruption, charges her political party denies.

    Remarkably, Statoil, the Norwegian multinational oil and gas company, appears to be the most corruption-riddled International Oil Company (IOC), going by the avalanche of allegations of corrupt practices against it and some of which the company had been convicted. For instance, between 2002 and 2003, Statoil reportedly resorted to extensive corruption in Iran in an attempt to secure lucrative oil contracts for the company in that country. This, according to documented evidence, was mainly achieved by hiring the services of Horton Investments, an Iranian consultancy firm owned by Mehdi Hashemi Rafsanjani, son of former Iranian President Hashemi Rafsanjani. Statoil was said to have paid $15.2 million to Horton Investment to influence important political figures in Iran to grant oil contracts to Statoil. A Norwegian court had on June 29, 2004, found Statoil guilty of corruption and ordered to pay NOK 20 million. And also on October 13, 2006, Statoil reached a settlement with the United States authorities for its involvement in the case and was ordered to pay $21 million in fines.

    In February 2016, investigators at Norway’s anti-crime agency, Okokrim, started looking into what happened to hundreds of millions of Kroner (the Norwegian currency) that Statoil paid to Angola’s state oil company, Sonangol, over the past several years. The money was supposed to be used for a research centre that’s never been built, and for “social contributions” to Angola that remain unclear, and Statoil’s management knew they posed a “considerable” risk to Statoil’s reputation. The payments, which date back to 2011, were reportedly tied to Statoil’s bid to win licenses and operating responsibility on Angola’s Kwanza oil field.

    The catalogue of corruption cases involving Statoil is seemingly endless. A company inherited by StatoilHydro was enmeshed in a messy deal in Libya. StatoilHydro, according to the October 7, 2008 edition of the New York Times, may have made payments to win business in Libya that breached the United States and Norwegian anti-corruption rules. The executive vice-president for Exploration and Production Norway, Tore Torvund; and executive vice-president for Projects, Morten Ruud, had resigned with immediate effect in the wake of the allegation. Also in 2014, a Norwegian Business School Professor, Petter Gotts chalk, had queried why Statoil employed the Judge who administered a case in which the company was a party. He said it was much greater cause to examine Statoil’s role.

    Yet again, Statoil was at the heart of it all when in 2014, when a scandal broke out in Tanzania raising questions about good governance agenda in managing the oil and gas industries. Public concern over the fairness of Production Sharing Agreements (PSA) between Statoil and the Tanzanian government was leaked to the public. Its revelations included the fact that the split of “profit gas” between the Tanzanian government and Statoil was between 20% and 30% lower than what was described in model contracts. Put in another way, the higher revenue to the Norwegian partner from the deal could be more than twice the total of Norwegian aid given to Tanzania since independence.

    Oddly enough, while all the highlighted corruption cases involving Statoil had emanated from its dealings with governments, the story is different in Nigeria, where the Norwegian company had been taken to court by a private enterprise, Inducon Nigeria Limited, over alleged breach of a partnership agreement. According to court documents, Inducon had in 1991 brought the British Petroleum-Statoil Alliance to the Nigeria and three blocks – OPL 213, 217 and 218 – were initially awarded to BP-Statoil Alliance with Inducon as the main promoter. Inducon, according to court documents, decided to sue Statoil when upon the start of oil production in 2008 in the Agbami-Ekoli block, with Statoil’s portion being 20.28%, Statoil refused to honour agreements in place between BP, Statoil and Inducon.

    In both the Federal High Court and Federal Court of Appeal, Inducon had judgments in her favour and the case has been at the Supreme Court since 2012. In the middle of 2016, Inducon chose to file a “Motion on Notice” at the Supreme Court accusing Statoil of transferring all income from the sale of crude oil (40-45, 000 bpd) through a Nigerian bank to an account in JP Morgan Chase Bank in London. Statoil’s action, says Inducon, was in total disregard of the Order of Court given on April 26, 2010 by a Federal High Court and on December 10, 2010 by the same court, that all monies, revenue, income, funds, proceeds, earnings or however called derived from all offshore oil fields shall remain within the jurisdiction of the court in Nigeria and not to be expatriated to Statoil of Norway or any other foreign entity.

    In the affidavit and application to the Supreme Court, Inducon is asking the order that is still subsisting to be enforced and that Statoil be made to return to Nigeria, the $4.3 billion it had expatriated. Indeed, legal experts have expressed shock at this new twist in development and wondered why an international oil company like Statoil will disregard a subsisting court order in Nigeria while it complied in other climes.

    This writer has taken the pains to research and make public some of the untoward activities of international oil companies, whether in their home nations or outside, to highlight the incalculable damage they have done to the economy and general wellbeing of billions of people. It is the responsibility of governments to protect the interests of the citizenry by ensuring that there is justice, fairness, probity and accountability in oil or any business transaction it regulates.

  • We’ll defeat corruption fighting back – Buhari

    We’ll defeat corruption fighting back – Buhari

    President Muhammadu Buhari has assured that the anti-corruption war of his administration will be won even though it is tough, grueling, and fighting vigorously back.

    He gave the assurance while meeting with American Secretary of State, John Kerry on Wednesday on the margins of conference on climate change, COP22, in Marrakech, Morocco.

    In a statement by the Special Adviser on Media and Publicity, Femi Adesina, President Buhari said corrupt people had accumulated a formidable arsenal of illicit wealth, which they were now deploying against the government on diverse fronts.

    He said: “But it is a war we are determined to win, and which we will win,”

    “People of goodwill are behind us, countries like America and many others are with us, and we will surely win.”

    The President also updated Secretary Kerry on the war against insurgency in the North-east of Nigeria, efforts being made to tackle humanitarian problems caused by the insurgency, and stating that a presidential committee had been launched “under Gen T.Y Danjuma, a man of high integrity.”

    On the unrest in the Niger Delta area, which manifests in the sabotage of critical oil and power installations, President Buhari said the engagement process was proceeding apace, adding that it was rather difficult bringing the main protagonists of the insurgency under one umbrella.

    He said Nigeria was happy with American support on different fronts, assuring that the economic challenges facing the country were being “frontally tackled, and we will overcome them soon.”

    Secretary Kerry expressed delight at the many successes of the Buhari administration, pledging continued U.S support in the bid to overcome security, humanitarian, political, and economic challenges.

    As the Barrack Obama administration exits next January, Kerry said he would love to continue engaging with Nigeria, even in a private capacity.

    He described President Buhari as a strong international partner in the battle against violent extremism.

  • The fight against corruption: Matters arising

    I have been reading with interest, on-line, the reports coming out of Nigeria about the various acts of the government and their functionaries, and of peoples and groups like the Fulani cattle herds men, including the reactions of people and various levels of government to it.

    Enmeshed within all the outcry, is the constant reference to the fight against corruption. The fact that Nigeria is a corrupt nation is not debatable, and has been noised, in the past few months, by well known men and women all over the world, notable among whom was former Prime Minister David Cameron to the Queen.

    As an aside, it should be noted that, the word corruption was not manufactured in Nigeria, and must have been coined when what it connoted was in existence in the communities of those who coined and first used it. It would appear, from the activities of the present government and its functionaries, that, corruption is established only or mostly, when financial consideration is involved. How else can it be explained that the basis for the DSS going against sitting judges was because of alleged money consideration for judgments given or to be given by them? Would it have been regarded as corruption without the involvement of any financial consideration?

    Before I go any further, I must say I have at the back of my mind, the recent article by Reuben Abati in Guardian, on October 14, 2016, that there is a sinister presence in Aso Rock, which seems to be affecting those who take over power and the decisions they make. I would like to believe the saying that ‘’a house divided against itself cannot stand.’ Such forces should only surely attack those who act contrary to the agenda of the forces? Surely, it cannot therefore be the basis for thinking or concluding that those in power are perhaps under a spell, or ‘are beside themselves’ and should not be blamed for their wrong actions or misinterpretation of such.

    The word ‘corrupt,’ in its ordinary meaning, as stated in the ‘Collins English Dictionary’ is inter-alia ‘Lacking in integrity,open to or involving bribery or other dishonest practices…morally depraved;putrid or rotten; contaminated, unclean; (of a text or manuscript) made meaningless or different in meaning from the original by scribal errors or alterations..’ For the purposes of this write up, ‘ manuscript’ would be taken to be the Constitution. I am aware of the fact that the meaning of the word corruption goes well beyond this by reason of usage, and is a phenomenon which has been variously interpreted and dealt with at the United Nations and other world bodies. There is no doubt however that it involves lack of integrity and disregard for the Rule of Law in all its ramifications, which in this context is dictated by the Constitution and laws legally proceeding from it.

    A nation or government that continuously, directly, or through its operatives, disregard’s the Rule of Law with respect, for example, to how issues, including corruption, especially in the other realms of government, must be dealt with, how appointments into offices, should according to the Constitution, reflect a Federal character, turns a blind eye to how cattle herdsmen have been killing innocent people over decades, while trying to sort it out by encouraging the making of a law which would have the effect of turning appropriation of grazing land into ‘public use’ and the like, is heading towards, if not yet in anarchy. The greatest form of corruption ultimately is that of power, which ‘corrupts absolutely’ through disregard for the rule of law. This problem of corruption, through disregard for the rule of law and impunity, has been a part of our body polity through many governments that have held power since the begining of our democracy. The economic problems of some European nations should be a lesson to the financially corrupt and looters that, in the long run, everyone looses.

    Most  importantly, the Arab spring should be instructive to all levels and fuctionaries of government, of the ultimate effect of disregard for the rule of law in all its ramifications, when the rulers ignore the the feelings of the governed, or a section of it, and forget the source of their authourity. The Arab spring, and other forms of insurgency around the world, is an authentication of the concept of ‘constituent power.’ As I noted in my inaugural lecture (The rule of Law etc UNILAG 2009), the foundations can be found in the works of Marchiavelli, as to the tension between virtue and fortune. To him, “the distance between how one lives and how one should live is so great … he who discards what he does for what he should do usually learns how to ruin rather than maintain himself.’ This idea was later re-activated through the social contract theory, and the power of the people to resist bad government,” through the ballot box or otherwise. According to Locke, ‘ the people are the ultimate judge as to whether the government is living up to expectations or not. The people shall be the judge, for who shall be judge whether his Trustee or Deputy act well and according to the trust reposed in him, but he who deputes him, and must, by having deputed him, have still a Power to discard him, when he fails in his Trust.”

    There is no doubt that, the problems of disregard for the Rule of Law did not start with the current government, and that the feelings of discontent in the nation, against politics and politicians, has been brewing for long, in various parts of the country, and for dfferent reasons. It is however a ticking time bomb, which can be diffused by strict adherence, by all levels of government, Federal and State, to the provisions of the Constitution, which makes the State secular, in our multi- religious and multi- ethnic nation. Its never too late to turn back the hands of the clock. To be fore-warned is to be fore-armed.

     

    • Mowoe is a retired professor of Constitutional Law at the University of Lagos (UNILAG).
  • How to curb corruption among security agents, by institute

    The Institute of Criminal Justice and Criminology Administration (ICJCA) has vowed to help ride security agencies of bad elements.

    Its President and Chairman of council Dr Gbadebo Bajowa, said the institute is empowered by law to regulate criminal justice and criminology administrators.

    Speaking in Lagos during institute’s maiden induction of  fellows, members and associates, he said no effort would be spared in enforcing ethical standards among security professionals.

    Addressing the inductees, Bajowa, represented by Mr Bamishaye Samuel, said: “In your journey as certified criminal justice and criminology administration professionals, a lot is expected of you. The state of criminal justice and criminology administration in the country leaves much to be desired.

    “The institute is committed to working to correct this anomaly with recourse to her enabling Act which empowers her to regulate and control the practice of the profession in all its ramifications in Nigeria.”

    The guest speaker, Major Isaac Benjamin-Eboh (rtd), said there was need for continuous retraining of security agents especially in use of technology in fighting crime.

    “Periodic training and seminars will enable security personnel to be abreast of security challenges,” he said.

    He advocated community policing, saying threats could easily be detected and neutralised early where citizens get involved in crime prevention.

    Twenty-three senior security personnel were inducted as fellows, including Assistant Inspector-General of Police, Zone 7, Abuja, Usman Baba, Air Commodore Emmanuel Golit, Abia State Commissioner of Police Mr Oyebade Olusola, Lagos Commandant, Nigerian Security and Civil Defence Corps (NSCDC) Mr Balogun Tajudeen, among others. Seven members and 10 associates were also inducted.

  • Widespread discontent with economy, corruption in Nigeria, South Africa, Kenya

    Widespread discontent with economy, corruption in Nigeria, South Africa, Kenya

    In South Africa and Nigeria – sub-Saharan Africa’s two largest economies – economic sentiments have turned sharply negative since 2015, according to a new Pew Research Center report.

     

    The economies of Kenya and Nigeria  are in bad shape according to seven-in-ten South Africans and Nigerians in a report by Pew Research Centre.

    In the East African economic hub of Kenya, the report finds, just over half say the same, while large majorities in all three countries consider the lack of employment opportunities a very big problem.

    Just over a year ago, the United Nations agreed to an ambitious agenda for bettering the lives of people around the world – the Sustainable Development Goals (SDGs). The SDGs call for countries to improve across 17 issue areas, including economic growth, accountable institutions and reduced inequality, among others. While the target for achieving the SDGs is not until the year 2030, the publics in Kenya, Nigeria and South Africa are increasingly concerned about some key development issues. At the same time, they express considerable optimism about the future.

    Still, many believe the political and economic system is stacked against them. Political corruption – seen by many experts as a key stumbling block to a country’s development – is a major public concern. Broad majorities in all three countries name government corruption as a very big problem. Most South Africans, Kenyans and Nigerians believe that government is run for the benefit of only a few groups of people in society. Perhaps most troublingly, only around a third of South Africans and Kenyans say government corruption will be less of a problem in their countries when today’s children grow up. Nigerians are more optimistic that there will be less corruption in the future – 60% expect things to improve.

    In the economic realm, most see rewards and opportunities going primarily to those at the top. Majorities in all three nations say the gap between rich and poor has increased over the past five years. And when asked why so many people lack jobs in their country, the top reason given is that many jobs go only to people with connections.

    Despite these concerns, there is considerable optimism about the future across the three nations surveyed. At least six-in-ten in each country say health care and education – two key issue areas that are highlighted by the SDGs – will be better for the next generation. And even though their views about the current state of the economy are negative, most are upbeat about the short-term economic future: Majorities in Nigeria, South Africa and Kenya believe their countries’ economies will improve in the next 12 months. Moreover, roughly three-in-four Nigerians, Kenyans and South Africans believe that young people today who want to live a good life should stay in their countries rather than move abroad.

    These are among the key findings of a new Pew Research Center survey, conducted in South Africa, Nigeria and Kenya among 3,330 respondents from March 29 to July 9, 2016. Additional key findings in the report include:

    South Africa: South Africans are more dissatisfied with the way things are going in their country in 2016 than they were at any time the question was asked in the past eight years. Whereas South Africans were split on their country’s direction in 2014 (47% satisfied, 49% dissatisfied), 74% now say they are unhappy with the way things are going and only 24% are satisfied. The poor state of the economy may be one driver of the souring mood in South Africa. A large majority (70%) describes the economy as bad, with 45% saying it is very bad.

    Kenya: While Kenyans are generally optimistic about the future, they still say a range of development issues pose serious challenges for their country today. At the top of the list, with at least eight-in-ten Kenyans saying each is a very big problem, are government corruption (91%), economic issues such as a lack of employment opportunities (87%) and poverty (86%), and crime (82%).

    Nigeria: Poverty is the top issue for Nigerians, with 93% saying it is a very big problem in their country. Energy shortages (e.g., blackouts or fuel scarcity), crime, government corruption and a lack of employment opportunities round out the top five concerns, with roughly nine-in-ten citing each as a very big problem. Over the past year, there have been food shortages in northern Nigeria and concerns about this issue have risen since our 2015 poll. Lack of public participation in politics was the only issue tested not viewed as a very big problem by a majority of Nigerians.

    Models for Development: When South Africans, Nigerians and Kenyans are asked about the best example of an economically developed country, they tend to cite the U.S. and China. And when asked what makes the U.S. or China the leading model for development, many respondents note the economic opportunities and growth in the two nations. Beyond this, however, people provide very different rationales for what makes the U.S. or China the best example. Respondents who name the U.S. tend to focus on American governance, citing good leadership and low levels of corruption, as well as education, as reasons why the U.S. is economically successful. People who think China is the best example of an economically developed nation attribute this to Chinese technology, as well as the country’s manufacturing and exports and its work ethic.

    Pew Research Center is a subsidiary of The Pew Charitable Trusts, its primary funder. This report was made possible by The Pew Charitable Trusts, which received support for the survey from the Bill & Melinda Gates Foundation. The findings are for immediate release and available at http://www.pewglobal.org/2016/11/14/in-key-african-nations-widespread-discontent-with-economy-corruption