Tag: repatriation

  • Reparation and repatriation

    Reparation and repatriation

    • Towards a new national ethos

    After the binge comes the inevitable hangover. Nigeria is in a stupendous alcoholic haze, full of groaning and grieving, filled with bitter regrets and sick recrimination. As every certified alcoholic will testify, the purgatory that must follow overindulgence is marked by drowsiness and dizziness; an overwhelming stupor accompanied by acute discomfort.

    So, what do we call this peculiar Nigerian affliction, an economic calamity of the greatest order which devastates everything in its wake? It may feel like it, but it is certainly not the Dutch Disease, an economic distortion which arises when a society is suddenly flush with huge revenues from a novel and unexpected source leading to a dramatic appreciation of the national currency but also the loss of a competitive edge in other critical sectors of national productivity.

      The Dutch people, a proud race noted for their Calvinist restraint and rectitude, quickly reordered their national priorities. It is to be noted that sixty years after the Dutch liberated themselves from Spanish rule, the merchants of Amsterdam were already sending goods all over the world from their low-lying redoubts.  Meanwhile, their former Spanish overlords had blitzed their way into irreversible national decline as a result of ruinous inflation driven by free gold from the evil mines of Potosi.

       The Nigerian economic disorder can also not be equated with what came to be known as the Norwegian Paradox. For a long time, economists were puzzled and confounded to no end by the Norwegian economic miracle of a high-performing economy that was not known to be based on innovative technology and cutting edge developments in Science and AI.

     The Norwegians, modest and averse to technological modishness, went on to surprise everybody by creating the Sovereign Wealth Fund made of the nation’s entire earnings from petroleum resources. The vast holding would have insulated the nation against poverty, austerity and the vagaries and volatility of the market for the next two generations. It is to be noted that the Nigerian parody of this fund was burglarized in no time, leaving the nation at the mercy of the elements. 

    Finally, it is not worth the intellectual effort to compare the Nigerian economic ailment with the Russian oligarchs’ dystopia. After the collapse of the Soviet Empire and under relentless pressure from the west for market reforms, the Russian economy went into a tailspin. The Russian oligarchs, a consortium of assorted crooks and con-men, had a field day plundering the immense resources of their nation with merciless rapacity.

    But they did not reckon with Vladimir Putin, a former KGB apparatchik and pan-Slavic supremacist, emerging from the woodwork of Stalinist repression. Putin, who nurses a visceral hatred and contempt for western values, made sure the oligarchs paid for all their infractions against their fatherland either with their life or long jail sentences.

    The Russian economy responded to Putin’s severe therapy and quickly became a major global player all over again. Just as it was said of Josef Stalin before him, Putin has driven economic barbarity out of Russia by sheer barbarity. National character is national destiny.

    As it can be seen from the preceding passage, Nigeria is in the grip of a uniquely baleful economic disorder. It is a severe ailment that is not responding to conventional treatment. Expectedly, people are coming up with different solutions and from different perspectives.  This past week, Afe Babalola, legal luminary and founder of the innovative and groundbreaking Afe Babalola University, pleaded with the international community for substantial debt forgiveness for the nation.

    On the face of it, this noble and patriotic call reminds one of the mid-nineties and the reparation lobby mounted by MKO Abiola. It was a massive assault which lacerated the conscience of the west and sent its ideological storm troopers into a panic mode. Abiola was not known to do anything in half measures. Those who mattered in the global sanctuary of power took note.

       This writer at that point in time took a strong exception to the reparation campaign and made sure that the objection was felt in the right place. In a well-syndicated piece titled, Reparation or  Repatriation, we argued in details why Nigeria needed more repatriation of money stolen and salted away  by the political elite as opposed to fiscal reparation for the historic crimes of colonization and international slavery, a crime against humanity which had continued in one guise or the other till date.

      Our well-judged suspicion at that point in time was that the whole reparation boondoggle might well be a cynical ploy by the Nigerian plutocrat to draw attention away from the epic state banditry that was unfolding in Nigeria on the watch of his military friends. It will be recalled that Margaret Thatcher famously opined at that period that judging from the humongous size of their overseas holdings, one or two Nigerians could actually offset Nigeria’s foreign debts with change to spare.

     Since then, only the blind will fail to notice that state larceny has deepened into an All comers’ buccaneers’ bazaar with international complicity. Nigeria has been stolen blind by its political elite. It has reached a point where even an MKO Abiola would weep in his grave at the plight of the nation. We have finally arrived at Ground Zero.

     A Nigerian government official this past week has noted that despite every appearance to the contrary, Nigeria is a very poor country indeed. His statistics cannot be faulted. The problem with statistics is that they can be used to arrive at dissimilar conclusions. Nigeria is not a poor country but a poverty-stricken country. Poverty is not natural to the country but has been inflicted on it by a derelict political elite. It is induced poverty which has now seen the nation rightly inducted into the hall of infamy as the poverty capital of the world.

    To be sure, countries with smaller and more competitive population often fare better than much bigger nations when it comes to feeling the impact of natural resources. This is why the Saudis, Qataris, Norwegians, Libyans, Kuwaitis etc. appear to do much better than countries with humongous populations with equal natural resources. A huge population without commensurate knowledge and without adequate educational empowerment cannot participate in the creation of wealth which is a sine qua non for the advancement of human societies.

    Read Also: CBN: Foreign oil firms prohibited from 100% repatriation of FX revenue

    This is in fact when huge populations become a disadvantage. But it is not a natural disadvantage. A population teeming with the medically unfit, unlettered peasantry and barely literate artisans cannot be expected to have the mental resources and the economic savvy to contribute to the harmonious growth of the society. Instead, they are a ticking social time bomb.

    This is why sane and sober countries devote considerable amount of resources to the development of human infrastructure and what Obafemi Awolowo has called the mental magnitude of their citizenry. No country has ever been richer than the sum total of its people. 

      The galloping growth of population ahead of human capacity-building and economic development puzzled and perplexed early economists to no end. In a celebrated treatise, Thomas  Malthus, who is regarded as the father of modern Economics, advocated a winnowing of the population through population control or outright curling of the populace.

    According to the great econometrician, it is war, famine, mass emigration and natural disasters that do the surgical operation for humanity at that point in time. Despite the clinical rigour of his analysis, Malthus has been berated for the misanthropic glee and putative violence inherent in his moody prognostications. In a satirical contribution titled A Modest Proposal, Jonathan Swift advocated the killing off and consumption of children in infancy.

    In our modern world, the Chinese have demonstrated how huge populations can be turned into huge blessing through a combination of scientific birth control and a radical re-education of the populace as well as its economic empowerment. They have achieved in a generation what will take other societies a millennium to achieve. It must be admitted that the terror and revolutionary retribution that accompany this type of radical transformation is not feasible in fractious, multi-ethnic colonial nations without core values and a core identity. They will quickly dissolve into their anarchic components.

    With the preceding observation we have reached the primal issue and the core of Nigeria’s ailment as a political and economic entity. With that we have also reached a dialectical modification of our own earlier position. Yes, reparation and some substantial debt relief have become imperative for Africa. But even better and more imperative is the repatriation Nigeria’s stolen money from abroad. There should be a national reprieve or amnesty for those who willingly let go.

    The justifiable cynicism and reluctance of the west in tracking and repatriating looted funds is predicated on the belief that the proceeds will be looted once again. This is where the political and psychological conditioning of the people matter a lot.

    It is obvious that all the nations we have been tracking are conditioned by core values and national character to withstand and overcome debilitating economic crises. The Dutch and Norwegians with their Calvinist prudence and restraint, the Russians with their Slavic sense of self-worth and implacable pride, and the Chinese with their hardihood, innate discipline and effortless sense of superiority.

    Until Nigeria develops a strong national identity matched by core values which are in tune with the dictates of political and economic modernity, all will be in vain. What we have for now as a substitute is a pan-Nigerian hedonism common to all the dominant fractions of the political elites which privileges consumption of western luxury goods at the expense of local production.

      Yet our forefathers were never like this. It shows that something fundamental has gone wrong. The problem is that the rampaging mobs are closer than we can ever imagine. We can either choose to watch the irreversible slide into decay and death or do something urgent about it.

  • Buhari seeks repatriation of stolen assets with minimal legal obstacles

    President Muhammadu Buhari yesterday in Nouakchott, Mauritania called on nations where looted assets are stashed to release them without the usually long technicalities involved in the process of repatriation.

    He made the call during his introductory remarks as the leader of the African Union theme of the year, Winning the Fight against Corruption, A Sustainable Path to Africas Transformation, shortly before the commencement of the debate on the African Anti-Corruption Year.

    A statement by Special Adviser on Media and publicity Femi Adesina, quoted the   President as saying:  “We must all collectively work to place high on the agenda the need for open and participatory government, as well as the repatriation of stolen assets without procedural technicalities and legal obstacles.”

    President Buhari also appraised the anti-corruption efforts of his administration so far.

    “During the last six months, we have engaged in multi-sectoral dialogue with a broad range of actors including parliamentarians, national anti-corruption agencies, civil society, media, youth and women groups and development partners. We have convened three (3) different regional Consultative workshops in line with my campaign programme in an effort to sensitize our people on the evil effects of corruption on our societies.

    “These workshops will be extended to other regional blocs as we continue the fight against corruption in a bid to transform our continent.” he said

    The President also informed the gathering of his intention to partner with the AU Chairperson to further push the frontiers of the anti-corruption battle:

    “I plan to convene the African Youth Congress in Abuja within the next quarter, and we will be working with the Chairman of the African Union, His Excellency, Paul Kagame and the Chairperson of the African Union Commission, to organize an Interactive Dialogue on the theme at the next session of the United Nations General Assembly in New York during the high level segment.”

     

    Buhari urged member States to ratify the African Union Convention on Preventing and Combatting Corruption to take all necessary measures to sign and ratify it with a view to achieving its universal ratification during this calendar year as the Republic of Mauritius just did, becoming    the 40th State Party to the Convention.

    He thanked African Heads of State and Government “for the continued support provided to me in driving and amplifying the African Union anti-corruption agenda. Your unwavering support remains a strong source of strength and encouragement as we look forward to an even more vigorous second half of this year.”

    President Buhari said “the scourge of illicit financial flows continues to bite, eating back the gains and militating against the attainment of our aspirations under Agenda 2063 and the Sustainable Development Goals of the United Nations 2030 Agenda.”

  • Germany plans repatriation of 30, 000 Nigerian migrants

    The German government has come up with new process that would facilitate the smooth repatriation of over 30,000 irregular Nigerian migrants back to the country.

    In the new process, the final repatriation will be done by the Germans and not in collaboration with the Nigerian government, which is the current practice.

    However, this is after the legal end of the process has been completed by both countries.

    The new proposal is as a result of perceived failures and slow pace of the current system of repatriation, that involves both the participation of Nigerian embassies and consulate and the German immigration office.

    Disclosing this yesterday, Minister of Foreign Affairs, Geoffrey Onyeama said the Germans seems not to have confidence in the current process, as only 2000 out of the 30,000 have returned home.

    Onyeama spoke when during an audience with the Security Adviser to the President of Germany, Dr Jan Hecker and his team in Abuja.

    Onyeama said, “They don’t have enough faith and confidence in the process that we have at the moment for the repatriation process. Some of the delays they believed is with the mission and consulate in Germany.

    “They want to propose a completely new process of repatriation, known as Return and Re-admission”.

    Onyeama stated that in the last two years only about 200 Nigerians have returned to the country out of about 30,000, noting that the Germans are, “not happy that the system we have in place at the moment is certainly not working to their satisfaction”.

    The new process, the minister said essentially entails that once all legal processes have been exhausted, Nigeria should trust them (Germany), to make right decision on whom should be repatriated.

    He added that once the decision is taken, Germany would bring the affected persons to Nigeria without the involvement of Nigeria’s mission in Germany.

    “They will bring them here to Nigeria and say we have gone through a process in Germany, these people are your nationals, they have exhausted all the legal processes please take them. And it will be here on Nigeria territory that any possibility will then exist to say maybe that one is not or this one is not.

     

    Onyeama, while describing the proposed process as a complete transformation of the current process noted that Germany aside from issuing travel documents to those to be repatriated, would also be responsible for their travels.

    However, for the new process to come into being, Nigeria would have to agree and carry out some changes in her laws. “The point I made is to say that it would require changes in our laws of travel documents for Nigerians and our laws to wave any role for our embassies and consulates in the repatriation of Nigerians, he said.

    “ At the moment our mission and embassies are involved in the process, they issue travel documents when a final decision has been taken for repatriation”, he noted.

    Earlier, Jan Hecker, said he was in Nigeria to see how both countries can intensify their bilateral relations and achieve good result, particularly on the issue of migration.

    He was accompanied on the visit by the German Ambassador to Nigeria, Bernhard Schlagheck and other officials.

     

     

  • Post recession: ‘Fund repatriation injurious to economy’

    Post recession: ‘Fund repatriation injurious to economy’

    Fund repatriation by  foreign construction firms has been identified as a major disincentive to the economy. If the trend is unchecked, the economy will continue to suffer, even in post-recession.

    This was the submission of practitioners and experts at the annual lecture of the Property and Environment Writers Association of Nigeria (PEWAN), at the LCCI Conference Centre, Alausa, Lagos.

    Speaking on the theme: “Economic recovery: The role of  construction sector in post-recession Nigeria,” Chairman on the occasion Dr. Meckson Okoro lamented that foreign firms, usually the beneficiaries of most contracts awarded in the country, repatriated the funds, including profit, to their countries.

    Okoro said this was injurious to the economy.

    President, Building Collapse Prevention Guide (BCPG) and First Vice President, Nigerian Institute of Building (NIOB), Mr. Kunle Awobodu, listed the government’s lack of commitment as a factor militating against the growth of the industry in Nigeria. This, he explained, is caused by the government’s continued patronage of, and support for, foreign firms over indigenous ones. He said it was a disservice to the economy.

    Construction, Awobodu noted, is a determinant of development, warning that if the government’s policies were not tilted to favour construction, the nation might slip back into recession.“Many nation’s development is tied to the construction sector; this sector is the determinant of development in any nation. Government should take investments into construction industry serious, recession can re-occur due to our human errors,” he said, adding that the sector may not record significant growth until the citizens and government learn to use of local construction operators, fearing that recession might return if we failed to do the right things.

    The  Nigerian Society of Engineers (NSE) President, Mr. Otis Anyaeji, who was represented by the Ikeja Branch Chairman of the society, Mr. Akintayo Akintola, also regretted that most projects had become ‘processes’ because of lack of adherence to completion dates. He said conditions for award of contracts were usually and deliberately made difficult to eliminate local engineers, thereby making nonsense of the Local Content Law.

    In his submission, President, Nigeria Institute of Quantity Surveyors (NIQS), Mrs. Mercy Iyorta, represented by the Executive Secretary, Mr. Jide Oke, said the political class’ attitude and other challenges faced by the country were responsible for the recession.

    Oke noted that the infrastructure deficit was huge, adding that the private sector must drive the sector to speed up development.

    Construction is very important, it is the barometer to measure the growth of any nation,” he said.

    Okoro, who commended PEWAN for setting the agenda on issues of economic growth and development, tasked the Federal Government to show more commitment to the sector. He, however, expressed disappointment at the absence of the guest speaker, Minister of Power, Works and Housing Mr. Babatunde Fashola, and Governor Akinwunmi Ambode at the event, .

    “I think it’s not good enough that the invited guest speaker, in the person of Minister of Power, Works and Housing, Mr. Babatunde Fashola, nor the host, the Governor of Lagos State, Mr. Akinwunmi Ambode were neither here, nor represented, knowing full well that the organisers of this event are the message carrier of their activities. Considering Fashola’s portfolio as housing minister, and this being a housing event, he should have at least sent a representative if he cannot be here.I think it’s quite unfair that they were not part of this event,” he lamented.

    In his goodwill address, the Ooni of Ife, Oba Adeyeye Ogunwusi, Ojaja II, expressed optimism that the country would get it right as long as the citizens joined hands with the government in its policies.

    Ooni, who was represented by- Oba Adebanjo Adedinni, the Asoya of Isoya, Ile Ife, and Oba Adetokunbo Awosunle, the Elejesi of Ife Kingdom, assured the organisers of the Ooni’s commitment to the construction industry, especially infrastructure provision and housing delivery.

    “I’m happy with what PEWAN is doing. Without you, the Property and Environment Writers, most of the success we recorded in the sector would have been possible; I thank you. Your continued advocacy on industry matters,” the Imperial Majesty said.

    Other dignitaries at the event were representatives of professional bodies such as the Nigerian Institute of Architects, the NSE, NIQS, the Nigerian Institution of Surveyors (NIS), BCPG, Nigeria Institution of Estate Surveyors and Valuers (NIESV), among others.

    Students from the Technical College, Agindingbi were also in attendance.

  • Kanu’s kinsman seeks his repatriation from UK to face trial

    Kanu’s kinsman seeks his repatriation from UK to face trial

    For fear that Nnamdi Kanu’s sureties may be held responsible should he fail to return for his trial, a Federal High Court in Abuja has been asked to compel the Federal Government to have him brought back to the country.

    The request is contained in a suit filed on October 5 by an indigene of Abia State, Ugochukwu Kenneth, through his lawyers Obor John and Tersagh Unande.

    Named as de?fendants are:  the British High Commission, the Comptroller-General of Nigerian Immigration Service (NIS) and the Attorney-General of the Federation (AGF).

    Kanu and some other member of his defunct group, the Indigenous People of Biafra (IPOB), are being tried before Justice Binta Nyako (also of the Federal High Court, Abuja) for alleged treason.

    The court granted only Kanu bail on health grounds on April 25. In meeting the bail conditions, three individuals, including Senator Eyinanaya Abaribe, stood surety for Kanu to guarantee that he would attend court until the trial is concluded.

    But in a suit filed in his name on September 26, also before the Federal High Court in Abuja, his lawyer Ifeanyi Ejiofor, accused the Army of abducting Kanu.

    Ejiofor stated, among others, that Kanu had not been seen since some soldiers invaded his home on September 14, during which shots were fired and people allegedly died. Some were injured, he said.

    Kanu’s lawyer’s claim about his whereabouts was, however, countered in an interview by former Abia State Governor Orji Uzor Kalu, who said Kanu had escaped to Britain through Malaysia.

    The plaintiff in the fresh suit, Uguchukwu Kenneth,agreed with the ex-governor’s position on Kanu’s whereabouts and requested that the NIS be compelled to repatriate him to enable him face his trial, which is expected to resume on October 17.

    Kanneth stated, in a supporting affidavit, that “Senator Enyinnaya Harcourt Abaribe, representing the good people of Abia South Senatorial District of Abia State; Tochukwu Uchendu and Jewish Chief High Priest Immanuel -El Shalom Oka-Ben Madu perfected the bail bond which facilitated the release of Mazi Nnamdi Kanu.

    “Upon the perfection of the bail and consequent released of Mazi Nnamdi Kanu from prison custody, Mazi Kanu has, to the best of my knowledge, breached all the bail conditions to wit; granting press interviews while on bail, participating in any rally, or being found in a crowd of more than ten persons in the course of the bail.

    The case has been assigned to Justice John Tsoho. It is fixed for October 12 for its first mention.

  • Nigeria, others sign deal on repatriation of Boko Haram victims

    Nigeria, others sign deal on repatriation of Boko Haram victims

    Nigeria, Cameroon and the United Nations Refugee Agency (UNHCR) have signed a deal for the voluntary repatriation of Nigerian victims of the Boko Haram currently living in Cameroon.

    The tripartite agreement followed the arrival of a United Nations Security Council (UNSC) mission in Cameroon yesterday in a bid to draw international attention to the crisis wreaked on the Lake Chad region by the Boko Haram insurgency.

    The legal framework for the voluntary return of the refugees “in safety and dignity” followed complaints that Cameroon was expelling Nigerians fleeing attacks by the jihadist group.

    Yaoundé authorities had deported 517 Nigerians, including “313 asylum seekers”, escaping Boko Haram assaults between February 10 and 15 after their arrest, in total disregard of international conventions.

    Cameroon’s Territorial Administration and Decentralisation minister, Mr Emmanuel Rene Sadi, signed the deal on behalf of President Paul Biya’s government.

    He said Yaoundé would continue to ensure protection of Nigerian refugees on its territory and

    spare no efforts to help those who wish to return to Nigeria in accordance with international agreements.

    More than 85,000 Boko Haram fleeing Nigerians are settled in Cameroon’s Far North region with 62,000 registered at the Minawao refugee camp, according to UNHCR.

    UNHCR believes there are thousands more who had not been reached by aid agencies “because of the prevailing insecurity” in their host localities.

    A UNHCR survey conducted at the Minawao camp in September 2016 showed 7 per cent of 9,300 sampled individuals were willing to return as soon as the situation in their areas of origin, predominantly in northeastern Nigeria, was conducive.

    The signatories also established a tripartite commission that will oversee the implementation of the pact.

    The UNHCR representatives in Cameroon said the agency was delighted with the deal which was a demonstration of “a real desire” by both countries to find a long-lasting solution for refugees willing to return in safety and dignity.

    Boko Haram launched its insurgency in 2009 aiming to create an Islamic state in northeastern Nigeria, but has since spread its mutiny to neighbouring Lake Chad Basin countries.

  • $13b repatriation: MTN clarifies issue on CCIs

    $13b repatriation: MTN clarifies issue on CCIs

    Mobile Telecommunications Network (MTN) Nigeria Chief Executive Officer (CEO) Ferdinand Moolman yesterday said the firm did not declare or pay any dividends.

    He said this could only be done when Certificates of Capital Importation (CCIs) were issued and finalised.

    Moolman, in a statement by the telecommunications firm’s Group Corporate Affairs, added that MTN only requested CCIs for Foreign Capital that was imported into Nigeria and dividends were externalised on CCIs.

    A  CCI is a certificate issued by a Nigerian bank confirming an inflow of foreign capital either in the form of cash (loan or equity) or goods.

    A CCI is usually issued in the name of the investor within 24- 48 hours of the inflow of the capital into Nigeria.

    The MTN CEO was one of those who appeared before the Senate Committee on Banking, Insurance and other Financial Institutions investigative hearing to answer questions on MTN’s alleged infraction in the repatriation of $13 billion.

    The Senate, on September 27, resolved to invite MTN over allegation that the company connived with the Minister of Trade and Investment, Okechukwu Enelamah and four banks to defraud the country by failing to obtain CCI before moving funds outside the country.

    But Moolman noted that dividends were only externalised on CCI.

    He said: “Often for various reasons (such as not having all required documentation for instance), it is not possible to issue a CCI within 24 hours, and the Central Bank of Nigeria’s Forex Manual contemplates such situations by asking that the banks refer to the CBN for approval.

    “Besides, the requirement to issue a CCI within 24 hours of conversion is an administrative requirement. As such, the CBN has the authority, and indeed we believe, approved the banks’ applications to issue CCIs outside the recommended time frame.”

    Moolman had, in his address at the hearing, said MTN Group publishes its financials every year, thereby opening up its books transparently for public scrutiny.

    He noted that globally, Foreign Direct Investments are motivated by opportunities and the enabling environment, which the host country provides.

    MTN’s success, he said, was indeed a catalyst for many international companies to invest in Nigeria.

    He said: “It is instructive to note that according to the latest National Bureau of Statistics Telecommunications Report, Telecoms contributed approximately 8.83 per cent to Nigeria’s GDP in the first quarter of 2016.

    “On the back of this, it is probably fair to say that MTN alone has contributed three-four to Nigeria’s GDP.

    “In more simple terms, since we launched in 2001, we have created direct and indirect employment opportunities for more than 500,000 Nigerians. We have also contributed more than N1.8 trillion towards government in the form of licence fees, taxes, levies, right of way etc.

    “In closing, there are three key things I would like to emphasise regarding Certificates of Capital Importation (CCIs). These are; firstly, no dividends were declared or paid until the CCIs were issued and finalised. Secondly, MTN Nigeria only requested CCIs for Foreign Capital imported into Nigeria, and finally, dividends were externalised on CCIs.”

  • Buhari to Int’l community: Expedite repatriation of our stolen funds

    Buhari to Int’l community: Expedite repatriation of our stolen funds

    President Muhammadu Buhari on Thursday urged the United Nations Office for Drugs and Crime (UNODC) to facilitate the faster recovery of Nigeria’s stolen wealth stashed abroad.

    A statement issued by the president’s Senior Special Assistant on Media and Publicity, Mallam Garba Shehu, said the president made the call when he received the Executive Secretary of UNODC, Mr Yury Fedotov, in the Presidential Villa, Abuja.

    President Buhari said that the process of recovering the stolen assets had “become tedious’’ to the consternation of many Nigerians.

    “We are looking for more cooperation from the EU, United States, other countries and international institutions to recover the nation’s stolen assets, particularly proceeds from the stolen crude oil.

    “It is taking very long and Nigerians are becoming impatient,’’ he said.

    According to president Buhari, his government has worked very hard in the past 11 months to reverse the very negative global perception of Nigeria on corruption.

    “Our genuine efforts to deal with corruption and drugs have earned us international respect and this has encouraged us to do more.

    “We know that by fighting the scourge of drugs and corruption and rebuilding trustworthiness, integrity, good business practices, and imposing discipline on youths to avoid drugs, we are not doing a favour to the international community, we are doing a favour to ourselves,’’ he added.

    The president also promised that his administration would work with the UN agency to rehabilitate young Nigerians who had been misled into consumption of illicit drugs and drug trafficking.

    In his remarks, Fedotov said that UNODC had chosen Nigerian as a pilot country for support and strategic cooperation in the fight against drugs and corruption.

  • Another critical look at corruption

    Another critical look at corruption

    Each year, international anti-corruption day precedes human rights day, but in all other ways, the developing struggle against corruption follows the path laid by the human rights movement. In his seminal work, Corruption and Human Rights Law in Africa, Dr. Kolawole Olaniyan argues convincingly that anticorruption efforts would be best progressed by relying not only on the shoulders of national criminal law systems, but also thorough recognition by and integration into global and regional human rights law, norms and practice.

    The 368 paged book painstakingly considers the many faceted perspectives of this proposition from a review of existing treatment of grand corruption schemes in domestic criminal law settings to a look at the wide-ranging scope of human rights protected by the African Charter on Human and Peoples’ Rights and other international treaties impacted or violated by corruption, to the theoretical bases for applying the normative human rights framework to a problem which has proven too vast to handle through criminal law alone, results in a reference point for lawyers, judges, elected leaders and civil society alike to take the movement forward.

    Dr. Olaniyan concludes with a proffering of several next steps which will undoubtedly provoke thoughtful debate in the years to come.

    The conceptualization is that of a two-way street: anticorruption movement needs certain strengths the human rights law framework has established, and human rights, to be realized, must root out underlying causes of corruption.

    In answering the question, why look to human rights law to address grand corruption, Dr. Olaniyan highlights several key points from moral to legalistic. In the early chapters of the book, he discusses the potential of depoliticizing and internationalizing the problem, and attaching an appropriate level of moral imperative to it. It’s not just an abstract, victimless crime or tool for political revenge. It’s a central cause of human suffering and poverty, and real people are real victims, everyday. He laments the fact that the victims are largely neutralised (and virtually anonymous) in the criminal process, with no access to human rights remedies.

    Education, health, development, and basic freedoms to information, association and life, fair trials and private property rights all languish in the hands of a governance structure laced with corruption. Just as in human rights discourse, the socially and economically vulnerable suffer the most.

    But where can we, the people, the “victims of corruption” go for redress? Who will hear our cries for help when we know all too well that our treasuries are being pilfered while public services – from physical infrastructure to fair criminal justice systems and humane, equal treatment of our populaces – are routinely denied?

    Compellingly, Dr. Olaniyan discusses three key developments in human rights law that start to unlock the blockages currently encountered in attempts to seek adequate redress for corruption: limitations on the concept of state sovereignty, expanded notions of standing of complainants, and rejection of strict rules of causation which dominate national criminal legal systems.

    As long as instances of grand corruption continue to be treated solely as particular criminal acts of individuals, various immunities will protect wrongdoers from sanctions and the argument of state sovereignty will politicize instantly international efforts at accountability. The human rights normative framework, however, has succeeded in limiting otherwise unchecked state power by imposing the duties to protect, respect and fulfill human rights, in effect, realizing a concept of public trust. The state is entrusted to operate for the benefit and security of the people, not to take what it will from the people’s national coffers.

    The human rights framework concludes that law protects people, not states; the power of the state is not absolute and cannot be used as a veil for abuse by its agents, but rather is responsible for their acts.

    The application of this framework to grand corruption is clear, as is Dr. Olaniyan’s clear advice that sticking with a strict adherence to traditional norms of state and sovereign immunity of national criminal law systems will always keep us from touching the lifeblood of corruption. Looking instead to other frameworks, he spends considerable time with Article 21 of the African Charter on Human and Peoples’ Rights, which evinces a clear intent to protect the peoples’ exclusive right to “freely dispose of their wealth and natural resources.” While he discusses many articles of the Charter which are violated by acts of corruption, Article 21 stands out as uniquely positioned to address massive theft of public assets and money-laundering plaguing much of the continent.

    But how can people access the protection of Article 21 and the spectrum of human rights provisions, especially when “spoliation” or wasting away of what naturally belongs to them is indigenous?

    Dr. Olaniyan looks to international human rights law notions of standing and causation. In contrast to restrictive domestic requirements of proving a specific and direct harm, by its very nature, the international human rights framework relies on universality and inviolability of rights, laying the basis for any citizen to challenge a breach. He proffers that we might go one step further to develop a type of derivative proceeding, akin to corporate shareholder actions, that members of the public could bring in recovering stolen assets.

    In place of struggling through ill-fitting causation standards in criminal law, Dr. Olaniyan suggests “the obligations of the state rather than the corrupt acts of its high-ranking officials” are what should be considered to establish responsibility. That, we could look to a state’s acts, or failures to act, in carrying out obligations and commitments under international treaties on corruption and human rights to determine a nexus of breach of diligence and vigilance, corrupt acts of high-ranking officials, and alleged human rights violations. This general form of showing causation is more fitting, considering especially the secrecy within which corruption lives.

    Civil society’s experience in initiating and supporting anticorruption proceedings, however, elucidate other complications in getting to accountability: exhaustion of remedies prior to an approach to a human rights venue is a serious obstacle for many, and the primary reason the Equatorial Guinea case brought to the African Commission by the Open Society Justice Initiative, mentioned in this book, was eventually not admitted. While it is encouraging to see the quotes from Commissioners that they would consider a case that alleged corruption in the violation of rights protected by the Charter, the denial of a case which alleged just that on exhaustion grounds, when there is considerable evidence of the impaired, partial judiciary in the country, torture and other forms of retribution against those who challenge the state, and resulting unavailability of true domestic recourse, shows we have much work to do in explaining the degree to which corruption impairs the widest spectrum of human rights.

    Recent and unfolding experience in international asset recovery and repatriation schemes also reveal a host of thorny issues that will likely require significant time to develop into norms which respect not only peoples’ rights to wealth and development but also democratic values of governance and decision-making by a truly representative mechanism, lest we devolve into battles between peoples’ within a state and between the people and the state.