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2008 Assessment

Nigeria: Integrity Indicators Scorecard

Nigeria: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
74	Is there an agency (or group of agencies) with a legal mandate to address corruption?	100
75	Is the anti-corruption agency effective?	67
76	Can citizens access the anti-corruption agency?	50

Indicator and sub-Indicator Details

Is there an agency (or group of agencies) with a legal mandate to address corruption?

74: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments: The Independent Corrupt Practices and Other Related Offences Commission (ICPC) set up under the Act has a broad mandate to combat corruption based on the tripod mechanism of Prevention, Education and Sanctions.

The Economic and Financial Crimes Commission focuses on economic crimes such as advanced fee fraud, money laundering, counterfeiting and other forms of fraud.

The Code of Conduct Bureau (CCB) is charged with enforcing the Code of Conduct for Public Officers and the Asset Declaration Regimen.

References: Corrupt Practices and Other related Offences Act 2000.

The Economic and Financial Crimes [Establishment] Act 2004. The Code of Conduct Bureau and Tribunal Act, Cap 56, Laws of the Federation.

Is the anti-corruption agency effective?

75a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments: The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has legal independence which is aimed at protecting it from political interference. The Chairman and members of the ICPC also have security of tenure. They are appointed with the confirmation by a two-thirds majority of the members of the Senate and also cannot be removed without ratification of a two-thirds majority of the members of the Senate. Generally, the anti-corruption agencies have operational independence. They have established and formal organizational structures.

The other agencies such as the Code of Conduct of Bureau (CCB) and the Economic and Financial Crimes Commission (EFCC) do not have provision for legal independence. The key staff and members of these agencies also do not have security of tenure as they can be removed by the president without recourse to the Senate.

References: Sections 3 (6), (8) & (14) of the Corrupt Practices and Other Related Offences Commission Act 2000 (CPA).

Section 3[2] of the Economic and Financial Crimes[ Establishment] Act 2004.

75b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments: The case of alleged unlawful interference with the tenure of the former chairman of the economic and Financial Crimes Commission (EFCC) was widely reported in both local and foreign media.

References: http://.wikipedia.org/wiki/Nuhu_.

[ LINK ].

75c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments: There are a number of anti-corruption agencies in Nigeria such as the Independent Corrupt Practices and Other Related Offences Commission, (ICPC), the Code of Conduct Bureau (CCB) and the Economic and Financial Crimes Commission (EFCC), among others. The key staff of some of the agencies such as the ICPC and the CCB have security of tenure while the key staff of the EFCC do not have such security. The removal of the former chair of the Economic and Financial Crimes Commission -EFCC-Nuhu Ribadu shows that in practice, there is no protection from arbitrary removal for the head of that particular agency

References: "Review of Legal and Political Challenges to the Domestication of the Anti-Corruption Conventions in Nigeria, Transparency International," [ LINK ].

Peer Review Comments: The recent removal of Mallam Nuhu Ribadu as chairman of the EFCC, by far the most effective of the anti-corruption agencies, erases any doubt about the government's commitment to an all out war against corruption. The manner of the appointment of his successor has only confirmed the fears of many that politicians lack the courage to effectively tackle corrupt practices.

75d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments: Generally appointments are made on professional criteria but there have been instances of allegation of party or other affiliations influencing appointments. This kind of controversy followed the appointment of the current chairperson of the Economic and Financial Crimes Commission (EFCC), with the media and the public expressing the view that her political and other affiliations may impede the work of the agency

References: "Fawehinmi: Waziri Not Qualified to Head EFCC," This Day Newspapers, [ LINK ] (June 6, 2008).

"Gani Asks Court to Annul Waziri's Appointment as EFCC Boss," [ LINK ] (Aug.6, 2008).

Interview with Mr Femi Falana, President, West African Bar Association (Aug. 2, 2008).

75e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: The agencies have full-time staff but are generally understaffed considering mandates, activities and the competencies required to deliver on the mandates.

References: Nigerian National Integrity Study (NIS) 2004, [ LINK ].

Interview with Mr. Femi Falana, President, West African Bar Association (Nanet Suites, Abuja, Aug. 2, 2008).

75f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments: The agencies have predictable sources of funding. Some of them like the Code of Conduct Bureau (CCB) and the Office of the Auditor-General have direct appropriation from the National Assembly. Others such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) access their budget as part of budget of the presidency. However, there is general complaint of underfunding and budget cuts from the agencies.

References: Nigerian National Integrity Systems (NIS) Study 2004, [ LINK ].

Interview with Mr. Femi Falana, President, West African Bar Association (Nanet Suites, Abuja, Aug. 2, 2008).

75g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments: Some of the anti-corruption agencies have annual reports, but the reports are not regularly issued and are not usually available to the public.

References: Interview with Mr. Femi Falana, President, West African Bar Association (Nanet Suites, Abuja, Aug. 2, 2008).

75h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments: The enabling laws of the agencies give them wide powers, but there are a number of gray areas in their powers and mandates.

References: "Review of Legal and Political Challenges to the Domestication of the Anti-Corruption Conventions in Nigeria," Transparency International, [ LINK ].

Interview with Mr. Femi Falana, President, West African Bar Association (Nanet Suites, Abuja, Aug. 2, 2008).

75i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments: The agencies have the power to initiate investigations which they exercise regularly. They have both investigative and prosecutorial powers and they usually cooperate with the police and other enforcement agencies.

References: Interview with Mr. Femi Falana, President, West African Bar Association (Nanet Suites, Abuja, Aug. 2, 2008).

Can citizens access the anti-corruption agency?

76a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments: The anti-corruption agencies act on complaints but usually not in a timely manner.

References: Interview with Mr. Femi Falana, President, West African Bar Association (Nanet Suites, Abuja, Aug. 2, 2008).

76b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments: There is no comprehensive Whistle-blower protection law and regimen. However, agencies such as the Code of Conduct Bureau (CCB), the Independent Corrupt Practices and Other related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) have internal mechanisms to ensure confidentiality of information and informants.

References: Review of Legal and Political Challenges to the Domestication of the Anti-Corruption Conventions in Nigeria 2006, [ LINK ].

Interview with Mr. Femi Falana, President, West African Bar Association (Nanet Suites, Abuja, Aug. 2, 2008).