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2007 Assessment

Nigeria: Integrity Indicators Scorecard

Nigeria: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	69
25	Is the executive leadership subject to criminal proceedings?	50
26	Are there regulations governing conflicts of interest by the executive branch?	53
27	Can citizens access the asset disclosure records of the heads of state and government?	0
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	25

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: Section 46, 1999 Federal Constitution

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: The executive sometimes gives reasons for policy decisions. The outgoing president had a call in the program "The President Speaks", where citizens could call in and ask questions. Other top government officials also frequently give reasons for policy decisions. The challenge is that there is not always full disclosure of all facts and no formalized way of presenting policy decisions. Also, the explanations are mostly reactive to press speculations.

References: 1. Lilian Ekeanyanwu, national coordinator, Zero Corruption Coalition (ZCC), ZCC's Abuja Office, Aug. 10, 2007; 2."Nigerian Minister Defends Government's Corruption Policy", James Butty Washington, D.C, on Voice of America, Nov. 21, 2006 [ LINK ] 3.Prof. Sam Egwu, head of the Department of Political Sciences, Kogi State University, Gubabi Hotel, Abuja, Aug. 30, 2007

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: These sections talk about the various jurisdictions of the federal courts.

References: Sections 232, 233, 239, 240, 241, and 251,1999 Federal Constitution

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: The judiciary in the period under review has voided some very controversial executive actions. An example is the withholding of the Lagos state government funds by the presidency. Enforcement of these decisions is the key challenge in the Nigerian environment.

Peer Review Comments: At times, the judgment of the court is scorned by holders of state power.

Peer Review Comments: At clearly indicated in the preceding question there are several instances where the Judiciary has reviewed the decision of the Executive. In fact that is even more the care now. It does not then make sense to score anything less than the full marks in response to this. There is no denying the fact that the judiciary does its duty of checkmating the Executive within the limits of its constitutional powers-this is even evidenced by the comments made in the 'Comments' section above.

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: In the period under review there were a lot of executive lawlessness and unconstitutional actions. A few instances are: 1. The Obasanjo government withheld funds for the Lagos state government despite a Supreme Court order stating the contrary. 2. Spending funds for two extra days of the 2006 census and power sector projects without legislative approval 3. Increasing of fuel prices and VAT without due process by the Obasanjo government in the twilight of his administration.

References: 1. Lilian Ekeanyanwu, national coordinator, Zero Corruption Coalition (ZCC), ZCC's Abuja Office, Aug. 10, 2007; 2.Prof. Sam Egwu, head of the Department of Political Sciences, Kogi State University, Gubabi Hotel, Abuja, Aug. 30, 2007 3.Lending a Helping Hand, Anza Philips-Abuja Bureau News Watch Magazine, Monday, Aug. 28, 2006, [ LINK ]; 4.President Olusegun Obasanjo's Embarrassing Jitters BABAJIDE KOLADE-OTITOJU, Sahara Reporter, Feb. 21, 2007, 10:48 [ LINK ]

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: This section confers immunity from criminal proceedings to the president and vice president while in office.

References: 1. Section 308, 1999 Federal Constitution

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: The above section does not confer immunity to them, only to the heads of the nation and states.

References: Section 308, 1999 Federal Constitution

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Section 140, 1999 Federal Constitution

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Fifth Schedule, Section 11, 1999 Federal Constitution

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: 1. Section 6, 1999 Federal Constitution 2. Section 10, Code of Conduct Bureau and Tribunal Act, 1991

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: The law mandates every public officer immediately after taking office and thereafter every four years and at the end of their term of office to submit to the Code of Conduct Bureau (CCB) a written declaration of all their properties, assets and liabilities. It also mandates the CCB to examine these declarations and follow up with investigations where necessary.

References: 1. Fifth Schedule, Section 11, 1999 Federal Constitution 2. Code of Conduct Bureau and Tribunal Act, 1991

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: This provision only restricts the president, vice president, and chief of justice from service or employment in foreign companies or enterprises.

References: 1. Fifth Schedule, Section 5, 1999 Federal Constitution

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: There are no regulations except for employment with foreign companies.

References: 1. Lilian Ekeanyanwu, national coordinator, Zero Corruption Coalition (ZCC), ZCC's Abuja Office, Aug. 10, 2007; 2. .Prof. Sam Egwu, head of the Department of Political Sciences, Kogi State University, Gubabi Hotel, Abuja, Aug. 30, 2007

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: These regulations are breached, mostly becuase of the weak monitoring and enforcement abilitites of the agency responsible.

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: The position of the Commission is that their Act does not mandate them to independently audit, so they don't.

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: This provision states that for the CCB to make publicly available the assets declared by public officers, the National Assembly must provide terms and conditions. This has never been done.

References: Paragraph 3 (c) of Part 1 of the Third Schedule to the Constitution

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: These documents are not made publicly available, unless the public officer does so on his/her own.

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: These records cannot be accessed at all.

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: It has been difficult to distinguish between the executive and the ruling party (PDP) functions. During the April elections, government resources were used to campaign. The party frequently intervened in the proceedings of the National Assembly dictating which way member legislators should vote.

Peer Review Comments: The party has great sway over official government functions most of the time.