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2007 Assessment

Nigeria: Integrity Indicators Scorecard

Nigeria: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
71	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
72	Is the anti-corruption agency effective?	56
73	Can citizens access the anti-corruption agency?	50

Indicator and sub-Indicator Details

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

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

Score:

YES

Comments:

References: 1.Code of Conduct Bureau, Fifth Schedule of the 1999 Federal Constitution and Code of Conduct Bureau and Tribunal Act, Cap 56, Laws of the Federation of Nigeria, 1990 2. The Economic and Financial Crimes Commission, Economic and Financial Crimes Commission (Establishment) Act 2004 www.efccnigeria.org 3. The Independent Corrupt Practices and Other Related Offences Commission, The Corrupt Practices and Other Related Offences Act 2000

Peer Review Comments: The Economic and Financial Crime commision has been estacblished to check corruption.

Is the anti-corruption agency effective?

72a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments: The constitution gives the federal Attorney General (A.G) the right to institute, take over and discontinue any criminal prosecution in Nigeria. The A.G is a political appointee. In the previous administration, the A.G did not exercise this right. In the present administration, the A.G has been interfering with some high profile prosecutions of the Independent Corrupt Practices Commission (ICPC) and The Economic and Financial Crimes Commission (EFCC). He took take over the prosecution of the former Abia state governor. A recent change to the EFCC's status (with the National Assembly providing oversight) took place outside of the study period.

References: 1. Section 174, 1999 Federal Constitution 2. Section 43, Economic and Financial Crimes Establishment Act 2004

Peer Review Comments: The law does not allow political interference. Recent amendment to the Economic and Financial Crimes Commission (EFCC) Act grants the National Assembly the oversight function over the agency.

72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments: The Economic and Financial Crimes Commission (EFCC) was generally seen as being very selective in their prosecution of high ranking government officials and was accused of being manipulated by the presidency. During the just concluded electoral process, the EFCC was accused of being used as an intimidation machine for many politicians. The Independent Corrupt Practices Commission (ICPC) is seen as being non-performing.

References: 1. "Atiku/ Obasanjo Feud ll Destabilise the Politics Paul Odili, Vanguard newspaper, Sept. 15, 2006 [ LINK ]

2.Nigeria's Elections: Big Men, Big Fraud and Big Trouble, CALABAR AND KANO, The Economist, April 26, 2007 [ LINK ]

72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments: The tenures are five years for the Independent Corrupt Practices Commission (ICPC) and four years for the Economic and Financial Crimes Commission (EFCC). Their heads and can be removed by the president and the Senate on some stated grounds in their laws. In practice, only ICPC's head has been removed after his tenure finished.

References: 1.Lilian Ekeanyanwu, national coordinator, Zero Corruption Coalition, Pact's Office, Aug. 28, 2007; 2.John Ikubaje, program officer, Center for Democracy and Development Telephone interview, Aug. 29, 2007

Peer Review Comments: Removal is seldom politically motivated.

72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments: Appointments to these agencies have been strictly based on the professional criteria stated in their laws. The agencies are relatively new and appointments have not become political. People with known integrity have been chosen to also head these agencies.

72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: These agencies are all fully staffed, in some cases over-staffed.

Peer Review Comments: The agencies may be understaffed when the population of Nigeria and the level of corruption in the country are taken into consideration.

72f: 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 been running mostly on donor funds. The Economic and Financial Crimes Commission (EFCC) enjoys a lot of support from the international community and is seen as the most vibrant agency. The Independent Corrupt Practices Commission (ICPC) enjoys less donor support. The two agencies are also supported consistently by government funds.

72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments: The agencies do not make reports available to the public as a matter of routine. Reports are mostly to the legislators when they are called on to respond to emerging issues from their practice. Annual reports are not available to the public.

Peer Review Comments: Some of their activities are reported for public consumption by media outlets.

72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments: The Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) have power and have prosecuted high profile cases, even if there have been some allegations of political manipulations of the EFCC by the outgoing president. They have been accused of being restricted from going after some high profile individuals. Their staff have the powers conferred on police officials in their Acts.

72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments: The Economic and Financial Crimes Commission (EFCC) is more proactive than the Independent Corrupt Practices Commission (ICPC) in initiating investigations and are not afraid of going after high profile individuals. The ICPC complains that they cannot initiate investigations without a complaint, because their law stipulates so. So they generally wait for a report before initiating investigations.

Can citizens access the anti-corruption agency?

73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments: The agencies act faster on high profile cases and are slow on low profile cases. Many citizens lodge complaints but the agencies do not take action and do not provide feedback.

73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments: There is no official whistleblowers protection mechanism, but generally these agencies do not disclose sources of information.