The anti-corruption war has been a marketing edge for the President Muhammadu Buhari administration. In this article entitled: “Best practices in combating corruption”, WAHAB SHITTU suggests ways on how to incorporate best practices into the drive to kill corruption. The University of Lagos (UNILAG) law teacher lists 22 ways to strengthen the battle.
Introduction:
Recently, Vice President Prof Yemi Osinbajo SAN, at a summit on anti-corruption in Abuja emphasized the need for our country to embrace best practices and models in the fight against corruption. The timely call has generated reactions across the country with stakeholders wondering how best practices could be incorporated into our current drive to stamp out corruption. This intervention, a product of modest research efforts is designed to meet that expectation on the way forward.
Consequences of corruption
No country, however democratic, is free from corruption. This social ill touches government officials, politicians, business leaders and journalists alike. It destroys national economies, undermines social stability and erodes public trust.
Corruption lowers tax revenue, inflates costs of public services and distorts allocation of resources in the private sector. The negative correlation between good governance and economic development has been identified. Corruption humiliates the ordinary citizen and weakens the state.
The fight against corruption has been recently placed high on the agenda of the OSCE states. The 1999 Istanbul Charter for European Security calls for anti-corruption efforts to intensify. In 2001, under Romanian chairmanship, the Economic Forum in Prague and subsequent seminar in Bucharest in 2002 were devoted to good governance. The OSCE Office for Democratic Institutions and Human Rights and the OSCE field presences have organised debates and training programmes. In some cases, the OSCE has worked with international and local partners in anti-corruption campaigns.
Elsewhere, other international organisations – the United Nations (UN), the Council of Europe, the Organisation for Economic Cooperation and Development as well as the World Bank and the European Bank for Reconstruction and Development – have launched similarly aggressive campaigns.
Political leaders in many countries have already declared combating corruption as their priority. In some countries, national plans of combating corruption are being created and specialised agencies established. There are growing numbers of international and national non-governmental organisations engaged in unmasking corruptive practices. Media, wherever free, denounces corruption in politics and business.
Yet, practical knowledge of how to wage an effective anti-corruption campaign remains limited. To assist OSCE member-states in their endeavors, this booklet provides examples of best practices from the OSCE region and beyond. The described case studies are not meant as made-to-order solutions for fighting corruption. Rather, they are narrative examples whose lessons can be applied as individual country circumstances allow.
Best practices
Political openness
One of the best practices recognised in combating corruption is the need to guarantee political openness, a feature normally associated with matured democracies around the world.
The Office of the Co-ordinator for Economic and Environmental Activities (OSCE) defines the concept this way:
What is an “open society”? An open society recognizes that no one has a monopoly on the truth. Citizens can vigorously debate government policies and the future direction of their country. Freedom is maximized, but the weak and the poor are protected. Legal guarantees of freedom of association and freedom of speech are assured.
Such societies are not just the exclusive domain of mature democracies. They can be part of any state’s democratic development. An open society is not a function of culture or history – examples range from France to Sweden – but of a sincere commitment to government transparency and civil rights.
The concept of an open society first entered the modern political lexicon with the publication of one of the 20th century’s most influential books. Karl Popper’s 1945 landmark study The Open Society and Its Enemies prophesied the collapse of communism and exposed the flaws of socially engineered political systems. It argued for the widest possible freedoms, but also cautioned that “We must [also] construct social institutions, enforced by the power of the state, for the protection of the economically weak…”
Open societies are not of recent origin. They can be traced still further back in history, to ancient Greece. Pericles, the legendary leader of Athens from 462 BC – 429 BC had a vision of society still relevant for the world today:
“Our political system does not compete with institutions which are elsewhere in force. We do not copy our neighbours, but try to be an example. Our administration favours the many instead of the few: this is why it is called a democracy. The laws afford equal justice to all alike in their private disputes, but we do not ignore the claims of excellence. When a citizen distinguishes himself, then he will be called to serve the state, in preference to others, not as a matter of privilege, but as a reward of merit; and poverty is no bar.
“The freedom we enjoy extends also to ordinary life; we are not suspicious of one another, and we do not nag our neighbor if he chooses to go his own way. … But this freedom does not make us lawless. We are taught to respect the magistrates and the laws, and never to forget that we must protect the injured. And we are also taught to observe those unwritten laws whose sanction lies only in the universal feeling of what is right … Our city is thrown open to the world; we never expel a foreigner … We are free to live exactly as we please, and yet, we are always ready to face any danger…. To admit one’s poverty is no disgrace with us; but we consider it disgraceful not to make an effort to avoid it … We consider a man who takes no interest in the state not as harmless, but as useless; and although only a few may originate a policy, we are all able to judge it. We do not look upon discussion as a stumbling block in the way of political action, but as an indispensable preliminary to acting wisely…”
If we are to replicate the element of open society in our circumstances presently, it will mean ensuring that access to information in all spheres of our national life remain unimpeded. Practically speaking, now is the time to give full effect to the Freedom of Information (FoI) Act permitting access to information as a cardinal principle of state policy. It is also necessary for states to domesticate the Freedom of Information Act in all the states in the federation.
Elections and political
party financing
The other critical element in combating corruption relates to elections and political party financing. Our elections must not only be free, fair, credible and peaceful but must also be lacking in corrupt practices. The challenge, however, is how to guarantee that an election meets international democratic standards. The Institute for International and Democratic Electoral Assistance (IDEA) 2, a British non-governmental organisation that promotes sustainable democracy worldwide, suggests several general guidelines:
•“Make institutions more effective representatives of the diverse composition and interests of the population (including gender equality)
• Delegate more power to local institutions
• Recognise opposition parties as essential elements of the political system and create mechanisms for co-existence and mutual respect between ruling and opposition parties
• Encourage the development of a sustainable party system
• Recognise and involve civil society, including critical lobby groups, such as human rights and minority groups, women’s groups and women’s political leagues as partners in the political and general development of each country
• Introduce laws and procedures that enhance the creation of a democratic environment in which political parties, local institutions, non-governmental organisations and media can operate freely.
Much of the corruption in the public space orchestrated by the political elite can be drastically reduced if in addition to the foregoing guidelines, we also implement retired Justice Mohammed Uwais recommendations on electoral reform and deploy punitive measures against violators of electoral laws in the area of electoral financing and perpetration of fraudulent and corrupt practices during elections.
Conflict of interest and
monitoring financial assets
Corruption also festers in areas of conflict of interests and indiscriminate acquisition of financial assets by public officials. One commentator puts it this way: “Serving the public interest is the fundamental mission of a government and its public institutions. Citizens are entitled to expect that individual officials will perform their duties with integrity, and in a fair and unbiased way. Public officials who maintain private interests during their time in office can present a threat to this fundamental right. Such conflicts of interest have the potential to weaken the trust of citizens in public institutions.”
In a number of countries, public officials regularly, and in some cases openly, flout conflict of interest laws. Not only are the laws ignored, but little – if any – effort is made to enforce them. In those countries, the building of an ethical public service is of the highest priority.
Even while recognising that conflicts of interest can be commonplace in certain countries, the discussion here proceeds on the basis that widespread defiance of the law is not the case, just the opposite. Rather, it provides a general overview for an ethical public administration on how to prevent such conflicts of interest from occurring.
What is conflict of interest?
“A conflict of interest arises when a person, as a public sector employee or official, is influenced by personal considerations when carrying out his or her job. In such cases, decisions are made for the wrong reasons. Moreover, perceived conflicts of interests, even when the right decisions are being made, can be as damaging to the reputation of an organisation and can erode public trust as easily as can an actual conflict of interest…”
One example of how to utilise constitutional provisions to forestall conflict situation is the Thailand’s 1997 Constitution. The framers of the constitution of that country saw conflicts of interest as such a fundamental threat to democracy that such conflicts are addressed in the constitution itself. Therefore there are guaranteed provisions requiring government officials to be politically impartial and prohibit a member of the House of Representatives, Thailand’s lower house of parliament, from placing himself or herself in a conflict of interest situation. A few examples will suffice.
Section 1105 clearly states that a member of the House of Representatives shall not:
• Hold any position or have any duty in any state agency or state enterprise, or hold a position of member of a local assembly, local administrator or local government official or other political official;
• Receive any concession from the state, a state agency or state enterprise, or become a party to a contract of the nature of economic monopoly with the state, a state agency or state enterprise, or become a partner or shareholder in a partnership or company receiving such concession or becoming a party to the contract of that nature;
• Receive any special money or benefit from any state agency or state enterprise apart from that given by the state agency or state enterprise to other persons in the ordinary course of business.
Section 111 provides that:
• A member of the House of Representatives shall not, through the status or position of member of the House of Representatives, interfere or intervene in the recruitment, appointment, reshuffle, transfer, promotion and elevation of the salary scale of a government official holding a permanent position or receiving salary and not being a political official, an official or employee of a State agency, state enterprise or local government organization, or cause such persons to be removed from office.
Section 128, also extends this provision to senators.
How do we avoid conflict of interest element in public administration? Again, I am guided by the views of a commentator as follows:
“The following checklist can help individual public servants identify situations where a conflict of interest is likely to arise:
What would I think if the positions were reversed? If I were one of those applying for a job or a promotion and one of the decision makers was in the position I am in? Would I think the process was fair?
Does a relative, a friend or an associate or do I stand to gain or lose financially from an organisation’s decision or action in this matter?
Does a relative, a friend or an associate or do I stand to gain or lose my/our reputation because of the organisation’s decision or action?
Have I contributed in a private capacity in any way to the matter being decided or acted upon?
Have I received any benefit or hospitality from someone who stands to gain or lose from the organisation’s decision or action?
Am I a member of any association, club or professional organisation, or do I have particular ties and affiliations with organisations or individuals who stand to gain or lose from the organisation’s consideration of the matter?
Could there be any personal benefits for me in the future that could cast doubt on my objectivity?
If I do participate in assessment or decision making, would I be worried if my colleagues and the public became aware of my association or connection with this organisation?
Would a fair and reasonable person perceive that I was influenced by personal interest in performing my public duty?
Am I confident of my ability to act impartially and in the public interest?”
I think there are sufficient constitutional guarantee against conflict of interest in our laws particularly the provisions within the purview of the Code of Conduct Bureau Act and Code of Conduct Tribunal respectively. What is required is the requisite political will to implement these provisions without fear or favour in conformity with prescribed international standards and best practices.
We also need to monitor financial assets and questionable account lodgments. The financial intelligence unit of the various anti-graft agencies needs to be strengthened to combat corrupt practices. We also need an effective asset forfeiture and management regime to track proceeds of corruption and deploy same for developmental objectives.
Regulating lobbying
There is also need to regulate lobbying as a lot of corruption takes place in the guise of lobbying in the political space. In lobbying, there is potential for corruption.
Political and judicial immunity
The other aspect is in the realm of political and judicial immunity. The Immunity Clause in the Constitution needs radical review to forestall abuse. The immunity afforded certain categories of public officials ought to be restricted to civil proceedings. There is no justification for public officials who loot treasuries to enjoy any immunity from prosecution even while still in office.
Building and maintaining
ethical public administration
There is also need to build and maintain ethical public administration.
Enhancing complaint
mechanisms and the Ombudsman
We need to set up the Office of the Ombudsman to ensure transparency and accountability in the management of public and private affairs.
Enhancing revenue
collection transparency
There should also be transparency in revenue collection strategies and framework. The government should emphasize strict monitoring of public finances and revenue. The Treasury Single Account (TSA) introduced by the government to block revenue leakages is a step in the right direction but further steps must be taken to ensure it does not constitute avenue for hardships, bottlenecks and bureaucracy. A legal framework to regulate its operation is imperative.
Enhancing public
procurement processes
There should be transparency in public procurement processes. The Public Procurement Act needs to be replicated in the states to enhance effectiveness and efficiency in public procurement – avenue for needless corruption.
Ensuring transparency
on licenses and concessions
Licenses and concessions need to be effectively regulated to forestall, abuse and insider dealings. Strict regulations are required with institutional strengthening being critical to regulation of such licenses and concessions.
Strengthening privatisation
and anti-corruption
procedures
The belief in many quarters is that the public is shortchanged in the way and manner privatisation of public facilities is handled by successive administrations. A full-scale enquiry ought to be carried out to detect the loopholes in the privatisation process and ensure anti-corruption procedures put in place to enhance the process are fully implemented in line with established guidelines for the privatisation exercise.
Effective criminal
law and enforcement
One way to combat corruption within the framework of best practices is to deliver effectively on criminal law and its enforcement. Consequently, there must be efficient and effective investigations, efficient and effective prosecutions and efficient and effective adjudication. The element of timeliness and speed must be enlisted in the process to forestall delay while ensuring strict regulations to deliver on responsible litigation through the award by our various courts of wasted costs against practitioners who do not subscribe to responsible litigation. We could also look at other options including setting up of special courts, passing the Whistle Blowers Act, the Witness Protection Act, the Asset Management and Recovery Act, concluding bilateral and multilateral treaties with state actors and non-state actors to ensure repatriation of stolen assets and among others.
National anti-corruption
strategies
The country requires the strengthening of national anti-corruption strategies in line with best practices by institutionalising an anti-corruption policy framework.
Effectiveness of
anti-graft agencies
The anti-corruption agencies need to be strengthened in terms of quality personnel, training, logistics, equipment and capacity building. Funding is also critical if these anti-corruption agencies are to deliver on their mandates.
The character of leadership of such agencies is also significant. A Magu in EFCC is one example of such character because he is a performer. All must ensure he is confirmed and a character of such orientation sourced to drive other anti-graft agencies.
Media and civil
society cooperation
The civil society and the media must enlist in the fight against corruption with zeal and uncommon passion. Corruption hurts us all and so, fighting it ought to be a shared responsibility.
