- The proactive approach of prevention will dismantle the roots of corruption and pave the way for national progress
In Nigeria’s unyielding battle against corruption, a pivotal shift in strategy has emerged; emphasising prevention as the bedrock of the country’s anti-graft initiatives.
Simply put, prevention represents a shift from a reactive to a proactive approach to tackling corruption. This paradigmatic change signifies a proactive approach, focusing on eradicating the very origins of corruption rather than merely addressing its symptoms.
The new paradigm shift was announced by the new Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, shortly after his confirmation by the Senate.
Without downplaying prosecution, the EFCC will be more primarily concerned with preventing corrupt practices in the country, he vowed. Embracing the wisdom of the well-known proverb “prevention is better than cure” underscores the significance of taking precautionary steps to avert problems before they arise, instead of managing the consequences afterwards.
This perspective emphasises the importance of proactive and preventive actions. It suggests that it is far more effective and efficient to prevent an issue or challenge from occurring initially, rather than attempting to resolve it once it has manifested.
Addressing the underlying causes and implementing preventive measures not only saves time and resources but also minimises the efforts that would otherwise be expended on handling the aftermath of a problem.
Nigeria lost 2.9trn through contract fraud in three years
He emphasised the crime prevention point with an example illustrating the extent of procurement fraud in Nigeria. He revealed that between 2018 and 2020, approximately ?2.9 trillion allocated for various government projects was misappropriated by contractors for personal gain.
“I did a survey between 2018 and 2020 on 50 entities in Nigeria, both human and corporate entities. I picked just one scheme, one species of fraud, which is called contract and procurement fraud. I discovered that within the three years, Nigeria lost N2.9 trillion,” he stated.
The new EFCC boss further stated that the funds pilfered during the assessed period could have been allocated to valuable government initiatives had the past leadership of the anti-corruption agency taken measures to prevent its diversion.
“When I put my figures together, I discovered that if the country had prevented the money from being stolen, it would have given us 1,000 kilometres of road, it would have built close to 200 standard tertiary institutions. It would have also educated about 6,000 children from primary to tertiary levels at N16 million per child.
“It would have also delivered more than 20,000 units of three-bedroom houses across the country. It would have given us a world-class teaching hospital in each of the 36 states of the country and the Federal Capital Territory. This is where we are coming from, this is where we are. Where we are going, it depends on the decision the Senate would take this afternoon,” he said.
He also canvassed a review of the criminal justice system, stressing that a review of the system would not only reduce the time spent on investigations and trials of suspects but save the country some money. Besides, he wants the federal, state and local governments to establish a transactional credit system to discourage corrupt tendencies in the civil service.
Olukoyede, who also called for a collaborative effort in tackling corruption, stated that an average individual would steal if given the opportunity. He made reference to civil servants whom he accused of living in luxury homes and buying vehicles that their savings could not afford.
He said: “The time has come for all anti-corruption agencies to focus more on prevention than enforcement. Enforcement is a very strong tool in our hands and we are going to apply it very seriously. The savings of an average civil servant in Nigeria all through his service years cannot build the type of houses they are building and cars they are riding.
“The problem we have is just like the proverbial monkey that was locked up in a cage with a bunch of ripe bananas. The owner stood outside with a cane. The monkey would either eat the bananas, get beaten and be alive, or allow the bananas to get rotten and die of hunger. “Everyone wants to live a luxurious life and the incentives are all over the place. I will do more in the areas of blocking the leakages. We spend more money fighting corruption when we could have spent less to prevent it without downplaying the importance of enforcement.”
Olukoyede pledged to implement a transactional credit system. This system aims to restrict the purchase of luxurious properties with cash, enabling the monitoring of financial transactions. He emphasised that relying solely on enforcement efforts would be insufficient without an effective credit system in place, highlighting the importance of such financial mechanisms in anti-corruption initiatives.
“There is what we call a transactional credit system. If we continue to allow Nigerians to buy houses, cars and other luxurious properties by cash because we don’t have an effective credit system, 1,000 anti-corruption agencies will not do us any good and that is the reality.
“We must create an atmosphere to make sure that people have choices. If I don’t steal money, can I afford to train my children in school with good standards? If I don’t steal money, can I buy a car after I have worked for five years? If I don’t steal money, can I put a three-room bungalow in place after I have worked for 20 years? An average Nigerian does not own a home, when he has the opportunity, he would steal. Even if he did not have the opportunity, he would create one,” he said.
The EFCC Chairman emphasised the importance of delivering proper justice in fraud cases by urging judges to consider more than just technicalities when making judgments. He proposed that cases related to fraud allegations should be resolved within a timeframe of not more than five years, spanning from the High Court to the Supreme Court.
“In order to encourage our criminal justice system to work, the substance should be taken above technicalities. We must encourage our criminal justice system to adjudicate in such a way that it will not drag on for a very long time.
“Prosecution should not be allowed to last for a maximum of five years from the court of first instance to the Supreme Court. The Senate can work on that very seriously. If we make the administration of the criminal justice system really work, you will see the great work the anti-corruption agencies are doing,” he stated.
Evaluating Nigeria’s anti-corruption campaign amidst global standards
Numerous studies analysing the efforts of anti-corruption commissions worldwide have established specific evaluation criteria for the success of any public policy.
To achieve its intended goals, a policy must be effective (able to accomplish its stated objectives), efficient (attain its goals with reasonable costs and within a reasonable timeframe), innovative and politically and administratively feasible. This means that Nigeria’s anti-corruption campaign, aimed at minimising corruption to the utmost extent, relies heavily on institutional capacity (including the powers, resources and leadership of implementing bodies), political determination and the actions of key figures such as political and business elites.
Regrettably, research focusing on anti-corruption commissions in Africa has revealed persistent challenges, often referred to as the ‘seven sins.’ These include economic limitations, political reluctance, legal inefficiencies, organisational weaknesses, governance gaps, performance issues and public scepticism.
In summary, the effectiveness or success of an anti-corruption agency requires substantial long-term resources, a skilled and motivated workforce, robust legal and administrative authority, solid backing, possibly even from the President, adequate accountability and transparency, a supportive institutional environment, especially within related sectors such as the police and judiciary and accessible financial records.
Is the described situation applicable in Nigeria? Regrettably, Nigeria’s efforts to combat corruption find themselves ensnared in the aforementioned challenges.
The key anti-corruption bodies, namely the EFCC and ICPC, suffer from insufficient administrative capacity, including limited powers, inadequate human and material resources and an inefficient legal system.
Additionally, the lack of widespread support and commitment from major political figures at both the national and sub-national levels, as well as from civil society, exacerbates the issue. This collective failure significantly contributes to the persistent presence of endemic corruption throughout the country, despite the widely publicised anti-corruption campaign.
Wanted: Legislation on unexplained wealth
In Nigeria, there is a pressing demand to establish comprehensive, internationally recognised legislation to tackle the possession of unexplained wealth or assets. This urgent need was underscored during a recent workshop conducted by the EFCC and the National Judicial Institute (NJI), aimed at enhancing the capacities of judges and other anti-graft stakeholders.
During the workshop, Wahab Shittu (SAN) highlighted the absence of legislation in Nigeria addressing unexplained wealth, unlike other jurisdictions such as the United States, United Kingdom, Hong Kong, and Kenya.
The Communique addressed various crucial issues, emphasising the necessity for advanced training of judicial officers and anti-corruption agency staff.
This training should cover new trends and skills vital for intricate processes such as asset tracking and seizures, plea bargaining, cryptocurrency, data protection, artificial intelligence, and emerging types of economic and financial crimes.
Participants also stressed the importance of full implementation of the Proceeds of Crime (Recovery and Management) Act of 2022; ensuring that criminals do not benefit from their ill-gotten gains.
Additionally, there was a call for the development of a comprehensive Whistleblower and Witness Protection Act to facilitate the investigation and prosecution of corruption cases by relevant agencies.
The three-day workshop, attended by esteemed jurists, including Supreme Court Justices, Court of Appeal Judges, Federal and State High Court Judges and Senior Advocates of Nigeria (SANs), highlighted the need for future engagement with members of the National Assembly and the Nigerian Bar Association, as the discussed issues also impact their constituents.
The way forward
Prevention, as a strategy, moves beyond punitive measures and delves into the heart of the matter. It aims to eliminate environments conducive to breeding corrupt practices, fostering a culture of integrity, transparency and ethical conduct.
But this is possible only when there are effective corruption prevention strategies. One of such strategies is holistic educational initiatives. Implementing comprehensive anti-corruption education programmes from primary education onwards, nurturing a generation equipped with ethical values and a strong moral compass and institutional strengthening is essential to the attainment of success.
Fortifying governmental, educational and corporate institutions to ensure robust governance structures, enforce transparency and uphold the rule of law also have a role to play.
To succeed in its anti-graft battle, Nigeria needs to work on establishing secure channels for reporting corruption, safeguarding whistle-blowers and encouraging citizens to actively participate in exposing corrupt practices; embracing innovative technological solutions such as e-governance platforms, block-chain and data analytics to create transparent systems, minimising human intervention and reducing avenues for corruption; promoting ethical leadership within public and private sectors, emphasising accountability, fairness and integrity; thus setting high standards for professional conduct.
There is also the need to overcome cultural acceptance of corrupt practices, which requires a gradual shift through awareness campaigns, by highlighting the societal benefits of integrity and ethical behaviour. So also are legal reforms. Regularly revisiting and enhancing anti-corruption laws to address emerging challenges, closing legal loopholes, and ensuring stringent penalties for offenders and the need to address the root causes such as poverty and lack of access to basic amenities through social welfare programmes and economic reforms to reduce susceptibility to corruption.
Incorporating prevention as the cornerstone of Nigeria’s anti-corruption drive can pave the way for a transformative era. By nurturing ethical citizens, fortifying institutions, leveraging technology and addressing challenges head-on, Nigeria can lay the foundation for a society where integrity reigns supreme.
