COMBATTING FRAUD AND
WHITE COLLAR CRIMES:
LESSONS FROM NIGERIA.
By
Prof. Benjamin Chuka Osisioma
Nnamdi Azikiwe University, Awka, Nigeria.
Paper Presented at 2nd Annual Fraud & Corruption
Africa Summit, Held at Zanzibar Beach Resort, Zanzibar
Republic of Tanzania.
May 22, 2012.
Abstract
Nigeria has paid dearly for ethical lapses and competency deficiencies in public
and private life. Fraud is systemic in Nigeria with the ordinary citizen being
compelled to be either a liar, a cheat or an outright thief. Fraud has stultified
growth and national development, subverted the nation’s values and norms,
generated a culture of illegality and impunity in public service, and frittered
away the promise of the nation’s future. Today, the nation faces the trauma of a
State whose date with destiny has been put on hold, for reasons that are
completely self made, and completely avoidable. Any remedial measure that does
not address core and ingrained character defects in leaders and followers, will not
attract great success. What is needed is a strong accountability framework, an
integrity system that is efficient in design and effective in operation, and a new
generation of leaders. The choice before the nation is simple: Bend or Break...
Value recreation is a must. We may be disappointed if we fail; but we are
doomed if we do not try.
Keywords: Fraud, Corruption, White-Collar Crimes.
I.
INTRODUCTION
In the celebrated case of Wells v Zenz, fraud was defined as a generic term which
embraces all the multifarious means which human ingenuity can devise and are resorted
to by one individual to get any advantage over another. It includes all surprise, trick,
cunning, dissembling and unfair ways by which another is deceived. Fraud covers a
plethora of corporate crimes, like embezzlement, larceny, theft, misappropriation of
assets, and so on. Penny (2002) simply explains fraud as an illicit financial gain for
the fraudster or loss for the victim, and deception. White-collar crime is a crime
committed by a person of respectability and high social status in the course of his
occupation and it covers embezzlement, bribery and corruption, economic
extortion, conflict of interests, kickbacks and bid rigging. Thus, the terms fraud,
theft, white-collar crime, corruption and embezzlement shall be used interchangeably
in this paper. For purposes of clarification:
•
Embezzlement describes a process whereby a perpetrator who has fiduciary
duty to care for and protect a property, then converts it to his own use. It is
usually theft from an employer by an employee, and involves a breach of
fiduciary duty. Three elements are involved here: there must be a
relationship of employment or agency, the asset embezzled must have been
possessed by the fraudster by virtue of that relationship, and there must be
an intentional and fraudulent appropriation or conversion of the asset.
Page -1-
•
•
Conversion is the unauthorized assumption and exercise of the right of
ownership over goods or personal chattels belonging to another, to the
exclusion of the owner’s rights. The elements are again three absence of
authorization from the rightful owner of the asset, the exercise of dominion
and control and rights of ownership over the property, and exclusion of the
rights of the true owner.
Corruption is an act of an official or fiduciary person who unlawfully and
wrongfully uses his station or character to procure some benefit for himself
or for another person, contrary to duty and the rights of others. It is the
giving and receiving of something of value (e.g. money, sex, gifts, etc.),
whether demanded or not, to influence the receiver’s action favourably
toward the giver. Where corruption is rife, those holding public office are
not held to any distinction between public and private behaviour, notions
of service and merit do not exist, and the ends of power are little more than
self-enrichment. The different forms of corruption include Bribery and
extortion; Fraud and embezzlement; Illegal use of public assets for private gains;
Over- and Under-Invoicing; Payment of salaries and other benefits to non-existent
ghost workers and pensioners; Payment for goods not supplied or services not
rendered air supply ; Under-payment of taxes and duties on exports and
imports through false invoicing or other declarations; Purchase of goods at inflated
prices; Misappropriation of assets; Court decisions awarding monetary damages
well in excess of any injury suffered; Removal of documents or even whole case
files; Nepotism and patronage (Ruzindana, 1998).
Corrupt enrichment, no matter the complexion of the crime - white-collar,
corporate fraud, embezzlement, whatever - distorts the values and norms of
every society. Nigeria has paid, and continues to pay a huge price for corruption
in high and low places in the land. Corruption inhibits the performance of public
and private sector organisations and constrains the optimal use of resources. It
engenders wrong choices, and holds up crooks and deviants as models of
distinction for the younger generation, degrades quality, distorts economic and
social development, and generates a culture of illegality that in turn breeds
market inefficiency. It increases cost of goods and services, promotes
unproductive investments, and leads to a decline in quality of public and private
service. Indeed, the heaviest cost of corruption is not in the bribes themselves,
but rather in the underlying economic distortions they trigger (Stapenhurst &
Langseth, 1997).
Page -2-
Corruption is often said to be rare in Botswana, widespread in Ghana, and
systemic in Nigeria. Perhaps the first lesson from Nigeria is a re-definition of
what constitutes systemic. Fraud becomes systemic in a society when:
▪
It becomes an industry all on its own, complete with stakeholders,
investors and risk-return profile. The fraud industry is organized, with
internal coordination, shared knowledge and a vertical exchange of
benefits linking principals and agents. It closes off clients’ alternatives,
creates a network of operatives, freezes out critics and non-corrupt agents,
and shares rewards and risks among stakeholders.
▪
The system on its own grows practitioners at every level - from school to
graduation, from childhood to adulthood, from micro to macro levels.
There is a sustained supply of individuals and mean fellows who ensure
that the system of fraud and corruption is maintained in perpetuity.
▪
People actually expect leaders to be corrupt; to be any less is regarded as
too good to be true. Indeed, they are considered fools who have served in
public office without accumulating ill-gotten wealth.
▪
The operation of the system actively favours the corrupt and actively
discourages people with integrity and character. Thus, men who run for
public office on records of excellence in character, end up miserable losers
in the power game.
▪
The price tag for public office is quite high for men of character: sacrifice of
personal integrity. The would-be official is expected to renounce his basic
convictions and values in order to belong. The system makes out of
citizens, either liars, or cheats or outright thieves.
▪
The system never holds leaders accountable; ethnic and sectional loyalties
override character and competence deficiencies. Besides, the people have a
very short collective memory a man’s sordid deeds in the past, are very
soon forgotten and forgiven him.
This paper is therefore aimed at drawing upon lessons from Nigeria on the issue
of combatting fraud and white-collar crimes. The study shall specifically analyse
the impact of fraud on the Nigerian nation, review the efforts made in the past to
combat it, investigate into why fraud and corruption have become so resilient in
the nation, and attempt to fashion out the way forward for the nation.
II
SELECTED EX“MPLES FROM NIGERI“’S C“SE-FILE
The Nigerian dilemma on fraud and corruption, is best summarised by the
UNDP Human Development Report (2009):
Page -3-
Nigeria surely has a scorecard; but it is an unimpressive one relative to its
contemporaries in the 1960s and 1970s. What is different about Nigeria is
that its poverty and human development performance are largely avoidable.
Forty-nine years of managing its own affairs has shown that the country
has immense potential, is blessed with human and natural resources, yet
exhibiting significant deprivation in the midst of plenty. ... In many
respects, the economy has shown traits of a complex colouration that defies
conventional classification. It is a country of extremes - extreme wealth on
the one hand and extreme want on the other - which makes it possible for
some 20 per cent of the population to own 65 per cent of its national wealth
(2009: 27).
Nigeria is rated the 7th largest producer of oil in the world, with a population in
excess of 140 million citizens, offering a rich source of cheap and enterprising
labour, and the largest market in Africa. Her non-oil mineral resources remain
largely un-utilized, including bitumen, uranium, gold and bauxite, tin, coal, and
indeed, practically every known global revenue spinner. Yet:
▪
Over 70% of Nigerian citizens live below the poverty line, and Nigeria is
ranked 156th out of 187 countries in the world ranking of nations using the
Human Development Index (UNDP, 2011). Meanwhile, Nigeria has earned
close to $450 billion since 1970 on oil receipts alone. Between May 1999 and
June 2008 alone, the country earned over $205 billion (Cited by Wokoma,
2008);
▪
Nigeria’s Human Development Index at .
lags behind the Sub-Saharan
Africa average of 0.463 and the world average of 0.682. The inequityadjusted HDI is even further disappointing at 0.278. The low point in the
global scale is 0.456! The Multi-Dimensional Poverty Index (MPI) shows
that 54.1% of the population live in poverty, with 57.3% in intense
deprivation (HDI, 2011);
▪
Other HDI for Nigeria include: Life expectancy 51.9 years; Education index
0.442; Multi-Dimensional Poverty Index 0.310; and Gross National Income
per capita , . Current statistics reveal that % of Nigeria’s population,
enjoy the privileges of 80% of its oil wealth. Thus, 99% of the population
have barely 20% of the overall wealth to struggle over;
▪
The nation’s Misery Index is on a persistent rise. Indeed, a Preston curve on
income distribution in the world indicates that Nigeria is one of the three
poorest nations of the world, where more than 80% of the population earn
less than $1 per day (Egwu, 2007).
Page -4-
▪
▪
▪
The anti-corruption group, Transparency International has consistently
ranked Nigeria among countries most riddled with corruption. It described
Nigeria as a Gangster’s Paradise where ...you pay a bribe to see a key official in
many an establishment. You pay a bribe to get a job. You pay a bribe to get the
passport that is yours by birthright. If you do not give or collect bribes, you remain
poor and an object of scorn despite your several degrees and cognate experience
until Providence intervenes for you TI,
.
The 2011 Ibrahim Index of African Governance released by the Mo Ibrahim
Foundation, ranked Nigeria 41st out of 53 African countries studied. The
Index seeks to provide a robust, comprehensive and quantifiable tool for civil
society and citizens to hold governments to account, to stimulate debate on
governance and to provide a framework to assess governance quality in “frica
(Obi, 2009). The Index ranks good governance in four major areas: Safety
and Rule of Law, Participation and Human Rights, Sustainable Economic
Opportunity, and Human Development.
In 1998, the World Economic Forum (based in Germany) rated Nigeria 22nd
out of 23 African countries in the order of competitiveness for foreign aid.
Of the five factors cited as the culprit, corruption was the star of the pack.
Indeed, the other factors - poor infrastructure, lack of clear direction in
market-oriented economy, political instability and military dictatorship owe their potency to the escalating effect of corruption.
The challenge of fraud and corruption in Nigeria, is best illustrated by a review
of selected examples from Nigeria’s case-file:
CASE 1:
Mrs. Ilia (not real name) was the MD/CEO of a mega bank in Nigeria.
In the wake of reforms that swept through the nation’s banking sector, she was
found to have violated her trust as banker. She was arraigned for granting credit
facilities in the sum of $20 million to a firm, well beyond her credit approval
limits as laid down by the bank. Subsequent investigations revealed that under
her watch, the bank’s monthly returns to the regulatory authority, were far from
accurate. Further more, she extended a N
= 2 billion credit without adequate
security to yet another firm. It was found that she had granted credit facilities to
the tune of N
= 747 billion, with more than half going to her family and proxies.
Assets in excess of N
= 1 trillion ($6.5 billion) were traceable to her, with properties
and shares in companies across Nigeria, Dubai, South Africa, England and the
USA. She held over a billion shares of her own bank and nearly 1.5 billion shares
in top of the line banks and corporate firms.
Page -5-
She entered a plea bargain at her trial and was sentenced to eighteen months
imprisonment which is to run concurrently for six months without the option of
fine, for abuse of office and mismanagement of depositors’ funds. She was also to
forfeit assets worth N
= 191 billion comprising 94 choice properties across the world
and choice bank and company shares.
CASE 2:
Mr. Rojan (not real name) rose to become a Governor in one of
Nigeria’s oil rich States in
. Under Nigerian laws, he never should have risen
that far having been convicted in 1991 in London and fined for stealing from his
employer; and in 1992 for possession of a stolen credit card on which he had run
up huge bills. However, those convictions did not stop him from being appointed
a Consultant on Public Policy and Implementation in 1994 to the President of the
Federal Republic of Nigeria. In 1995, he was again convicted for negligent
conduct and criminal breach of trust, and was therefore unfit for public office.
After eight years in office as State Governor, he was arraigned on a 170 count
charge of corruption and abuse of office. The Nigerian judicial system absolved
him of all wrong doing, and discharged and acquitted him.
It took a Crown Court in Southwark, London to convict Mr. Rojan on charges of
false age declaration, corruption, embezzlement and money laundering
amounting to a sum in excess of $250 million (N
= 40 billion). The accused pleaded
guilty to the same charges the Nigerian courts failed to pin down against him,
and in related cases, his wife, his mistress, his sister and his lawyer, were all
sentenced to various terms. This conviction, immediately raises serious questions
as to Nigeria’s judicial system, law enforcement apparatus, the screening process
of the regulatory authorities, the efficiency of the party structure, and the quality
of the political class.
CASE 3: In another case still awaiting trial, the State Police Command in one of
Nigeria’s Southern States unearthed quite a can of worms. It was discovered that
some police officers attached to the department responsible for the payment of
salaries, and the civilians attached to the audit department, in collaboration with
some bank officials, defrauded the Command of an estimated N
= 49.54 billion over
an eight-year period. The fraud was perpetrated through bloating of the payroll
with fictitious names, embezzlement of burial expenses for late officers, and
withholding of touring allowances and other charges released to the Command.
Some of the officers were found paying themselves senior officers’ salaries,
Page -6-
whereas they were junior officers. For instance, a Corporal paid himself the
salary of a Deputy Superintendent. In one month, April 2011, the fraud syndicate
stole some N
= 70 million; over six months, the sum had risen to N
= 309.63 million;
and by the end of the year, N
= 619 million.
CASE 4:
A Federal-Government owned Refinery and Petro-chemical Company
was experiencing several hiccups in its operations and ceaseless breakdowns, in
spite of huge sums of money spent (N
= 15 billion in 1993) on its Turn-Around
Maintenance (TAM). An investigative team was appointed to find out what was
amiss. The team discovered that the funds released by government for the TAM,
were received and paid into a dedicated account, not the Central Bank; and the
interests paid on the deposits were withdrawn and transferred into private
accounts. The original manufacturers were sidelined in the TAM, and a
completely different firm was engaged to execute the task with sub-standard
spares and poor quality results. Payments to the foreign experts were made
through Letters of Credit obtained from a non-existent bank; and the regulator of
the financial system never issued any queries but rather continued to release
foreign exchange.
The indigenous engineers certified that the TAM was duly and properly executed
justifying that further payments be made, even when the contractors were yet to
commence work, or even arrive Nigeria on some occasions. The internal
audit/quality assurance unit of the Refinery and its supervising agency, were
fully in the know of the anomaly, yet they continued to certify that nothing was
wrong.
The Report of the Investigating Team was submitted to the Presidency at the
time; it was ignored and no action was taken. When a new President assumed
office, he set up a Committee to study the Report. The Committee undermined
the Report and watered down its main submissions. Finally, a second Committee
was set up by the President to put in place the modalities for implementing the
watered down Report. They worked until the Report and its findings
disappeared from public view and national significance.
CASE 5: Mr. Lionel (not real name) was elected Governor in a Nigerian State. At
the end of his eight-year tenure, he was arraigned for corrupt enrichment while
in office. He quickly entered a plea bargain, and opted to pay a fine of N
= 3.5
million in lieu of imprisonment. Meanwhile, fresh facts are emerging of the
Page -7-
extent of the fraud that attended his days in Government house. A team of
forensic accountants retained to probe some contracts of Mr. Lionel’s term,
disclosed some embarrassing facts:
▶
Under Mr. Lionel’s watch, the State government incurred a capital
expenditure of N
= 100 billion on roads. An in-depth inquiry showed that out
of the 50 contractors listed in the road construction and rehabilitation
projects, 10 are non-existent, 4 had never ever worked for the State
Government, 6 did not work for the Government in the period under
review, 20 stoutly refuted the length of roads ascribed to their company,
and 5 companies did not bother to respond. Only 5 companies in which the
family of the Governor had controlling shares accepted all the
responsibilities ascribed to them.
▶
The accountants further discovered that the bill of quantities revealed
extensive over-valuation of the construction materials, to the tune of
412%. After the netting of all costs, the firm of forensic accountants came to
the conclusion that out of a capital expenditure of N
= 100 billion on roads,
Mr. Lionel’s government misappropriated a total of N
= 81.3 billion. That is a
record by any African or Asian standard - 81% attrition rate.
▶
In the Health sub-sector, Mr. Lionel’s government paid first, 15%, and then
75% of agreed contract payment to foreign suppliers, ostensibly for the
State hospitals. The foreign firms made no supplies. Upon investigation,
the foreign experts presented letters of agreement which stipulates that the
money given to them was meant for the development of pharmaceutical
companies in Asia for the family of the Governor. The total amount
involved was N
= 19.8 billion.
▶
Mr. Lionel claimed N
= 20 billion for the supply of Rural Water to the
communities in his State. Out of the 9 Urban water schemes the
government claimed to have launched, it was discovered that only the one
in the State capital actually attracted government patronage. Out of 300
sunk boreholes in the different communities, it was discovered that over
80% of them had only a length of 18" pipe buried underground. The
overhead water tanks were filled on commissioning day with the help of
water vendors, and thereafter the taps ceased to run. The forensic
accountants concluded that out of an outlay of N
= 20 billion on the Water
project, N
= 18.9 billion was misappropriated.
It is no surprise that the regulatory agencies have decided to re-open the case
against this former Governor. Fresh charges revolve around conversion of
Page -8-
government shares and holdings in blue chip companies. Besides, State funds
seem to have been applied in sponsoring a refinery, a palatial world-class hotel,
top-of-class luxury cars and property acquisitions in Africa, Europe and Dubai.
CASE 6: The Presidential Pension Reform Task Team (PRTT) was set up in 2010
under the Office of Head of Civil Service of the Federation, to reform the pension
system and ensure a robust database that will encompass biometric credentials of
all Federal pensioners. The Task Team comprises officers from different agencies
of government - ICPC, EFCC, SSS and Attorney-General of the Federation. Its
findings include:
•
At the Office of Head of Service, some under-aged persons were listed as
pensioners. After the actual biometric, the list of pensioners was pruned
down from 141,790 persons, to 70,657. The budget for pensions was also
reduced from N
= 5 billion per month to a mere N
= 825 million. The Team
however, discovered a group of 50,000 pensioners which for 35 to 40 years,
had never been captured in government pension payments.
•
At the Police Pensions Office, the Team discovered two bank accounts with
huge sums of money on deposit - N
= 8.9 billion and N
= 10 billion respectively.
The bank statements revealed that an average of N
= 295 million to N
= 300
million was being withdrawn every other day from these accounts for no
ostensible reason. Available records also revealed that outstanding pension
claims of the Office stood at N
= 3.4 billion, but they requested and obtained
from government the sum of N
= 24 billion for this charge. Some 2,014 ghost
workers and 133 duplicated names were found on the pension list.
•
Following disclosures from the PRTT, a serving Federal Permanent
Secretary was arrested and a cash sum of N
= 2 billion found in his residence.
The Task Team detected illegal withdrawals from the Police Pension funds
amounting to N
= 14 billion. The Team further recovered N
= 1 billion in cash
from a staff of the pension office, and secured forfeiture of three luxury
estates with about 27 blocks of deluxe flats in Abuja, and other Nigerian
towns. In 19 months of operation, the Task Team has been able to recover
N
= 151 billion for government.
Numerous other internal and international cases of fraud exist, which are still
begging for final resolution. There is the case of the US energy services company,
Haliburton, which was found to have, through a subsidiary, paid bribes totalling
$2.5 million to Nigerian officials, to obtain favourable tax assessment in 2005.
Besides, an international consortium building liquified natural gas plant in
Page -9-
Nigeria came under investigation in France for suspected payment of bribes
totalling $180 million to Nigerian officials to obtain construction contracts valued
at $6 billion. In 2006, there was also the case of an investigation into business
transactions involving the American company, IGATE, in which both the
American and Nigerian officials were alleged to have been bribed. While the
foreign counterparts to these frauds were conveniently and routinely prosecuted
under the law, the Nigerian angle remains mired in needless controversies.
The above cases, represent no more than a tip of the iceberg. The studied
diversity in form and content of fraud and white collar crimes constitute a sore
challenge to every administration that has governed the Nigerian nation. A 1996
Corruption Perception Index (CPI) of Transparency International ranked Nigeria
as the most corrupt nation among 54 nations studied, with Pakistan as a close
second. Indeed, three times in 1996, 1997 and 2000, Nigeria earned the dubious
honour of being the most corrupt nation on Planet Earth; and in four other
instances, was placed among most corrupt five economies - in 1999, 2001, 2002
and 2003. The knell seemed to have sounded: our desperate national malady,
needs a radical remedy.
As far back as 1983, an erudite scholar and writer warned the nation in these
words:
Nigeria is the only country where as a general rule, people are wrong and
strong at the same time. ... If Nigeria had effectively and efficiently utilised
just only 25% of all the oil money she had earned between 1973 and 1983,
she would have graduated from the membership of under-developed nations
to become a member of the developed nations. Nigeria has produced more
millionaires within the past ten years than any other country in the world,
yet Nigerian governments are not able to pay their workers, finance
educational systems, and meet her foreign exchange obligations (Ukeje,
1983).
Still from the archives, a commentator of blessed memory said:
Governments react to sudden affluence almost as individuals react to
alcohol: some absorb it coolly and take it in their strides; others get easily
drunk and heady. The change that overtook Nigeria’s finances between
1962 and 1973 made the Nigerian government really drunk and heady.
Most of the lessons of public sector management of the [1950s and 1960s]
were lost in one heady five-year binge that began in 1973 and did not let up
Page -10-
till 1978... We need to recreate the system of values that can inspire
efficiency, loyalty and dedication in our bureaucracies. Any Administration
that succeeds in restoring the moral tone of our public officers and in
inducing them to greater productivity will have restored Nigeria on the
path to greatness (Okigbo, 1983).
The sad commentary is that Nigeria’s heady binge is yet to let up - fifty years
after the attainment of political independence. So how did subsequent
governments address this national problem?
III
COMBATTING THE FRAUD MONSTER
Nigerians of every hue and dye, have condemned fraud and corruption in the
strongest terms. Every one has a thesis on how this monster can be reared in and
curtailed for the general good of the nation. The nation is almost unanimous in
decrying this cankerworm, and most have at some time or the other wished the
economy at least less of it. So much was the concern for efficiency and morality,
that in the first half of the 1970-1980 decade, Nigeria mobilized her brain and
brawn to get rid of fraud and inefficiency from the public service. A national
Salaries and Wages Commission (commonly called the Udoji Report) was put in
place in 1974. This was in a sense a thesis on inefficiency and public morality. The
introduction of Management by Objective, Programming Planning and
Budgeting, and Project Management into the Public Service were some of its
prescriptions.
A few months after the publication of the Government White Paper on the
Report, a new government came to power in 1976 and called up the brawn of the
nation and unleashed the awe of the sword on inefficiency and abuse of public
office. Thousands of public servants were axed , and many dead woods in the
public service were burnt . But when the executions subsided, the survivors
learnt new tricks and the bad attitude to public office deepened. An assortment
of varied policy tools have been employed in the battle against fraud and
decadent public morality - aggressive pursuit of economic reforms, privatization,
banking sector reforms, anti-corruption campaigns, and establishment of clear
and transparent fiscal standards. Yet, fraud is surviving all the onslaughts, and
has continued to thrive rather than die. Why?
Measures to combat fraud and corruption in public life in Nigeria, fall into four
broad categories: Statutory Enactments, Social Mobilisation, Institutional
Page -11-
Arrangements, and Fiscal Measures. Among the statutory enactments are: the
Criminal Code enacted in 1916, the Penal Code, the Recovery of Public Property
(Special Provisions) Decree 1975, the Criminal Justice (Miscellaneous Provisions)
Decree 1966, the Corrupt Practices Decree No. 38 of 1975 which established the
Corrupt Practices Investigation Bureau, the Money Laundering Act 2004, and the
Failed Banks (Recovery of Debts and Financial Malpractices in Banks) Decree of
1994.
As part of a social mobilisation effort, the Nigerian President used the
opportunity of the graduation ceremony of soldiers at the Command and Staff
College, Jaji, Kaduna, Nigeria, in 1977, to make what has come to be regarded as
the Jaji Declaration. The sudden national wealth arising from oil in the 1970s, had
encouraged greed and corruption, and berthed a new trend among the political
and military class, where people sought power, not for service, but as a means of
amassing wealth. The Declaration bemoaned the indiscipline, corruption, moral
decay and lack of patriotism which had become part of national life. It exhorted
all Nigerians to be more disciplined, more humane and more considerate
towards the welfare of their fellow citizens, and to eschew materialism,
flamboyant display of wealth, and unnecessary acquisitive tendencies.
Other measures of government would later follow in succession: the Ethical
Revolution in 1981-1983, the War Against Indiscipline (WAI) in 1984, the
National Orientation Agency in 1986, and the Mass Mobilization for Social Justice
and Economic Recovery (MAMSER) in 1987. While the Ethical Revolution was a
purely political programme ostensibly designed to reinforce the ethics of
discipline, self-reliance and patriotism in national life, the WAI was essentially a
militant and practical tool that sought to whip a recalcitrant populace into line.
The WAI sought to compel a character change in the Nigerian through
detentions, forced retirements, and in extreme cases, even death penalties.
Judged as stifling all social life and being too high-handed, the measure soon
became a tool for hunting down the enemies and opponents of the ruling clique.
The last in our list, the MAMSER was no more than a social and economic reengineering policy which sought also to affect positively the grain of the Nigerian
in public and private life.
With the advent of the civilian democratic experience in Nigeria, the Federal
Government in 1999, began to introduce a host of institutions to fight fraud and
corruption in public life. A Code of Conduct Bureau was put in place to regulate
Page -12-
the activities of public servants, to the exclusion of the private sector. The law
sought to staunch corrupt practices among public servants - forbidding public
servants from engaging in private practice, receiving remunerations from more
than one public office at the same time, receiving gifts or benefits in cash or in
kind on account of anything done in the discharge of his duties, and the
maintenance of foreign accounts. Furthermore, there is also the Budget
Monitoring and Price Intelligence Unit (BMPIU) otherwise known as the Due
Process Unit, established within the Presidency to curb the incidence of bloated
and over-inflated price quotations for government projects. Finally, there is a
Fiscal Responsibility Act put in place to work in tandem with the supervisory
function of the Legislature, in curbing executive profligacy.
However, the two main anti-graft agencies of government as at today, are the
Independent Corrupt Practices and Other Related Offences Commission (ICPC),
and the Economic and Financial Crimes Commission (EFCC). Between them,
they have taken some giant strides in addressing the moral decay in the society.
While the ICPC focuses mainly on the public sector and activities of government,
the EFCC covers both public and private sector fraud in Nigeria. Obayelu (2007)
attempts to sketch out the success profile of these anti-fraud activities:
▪
First, they have recorded a number of high profile convictions since
inception. Many advance fee fraud kingpins commonly known as
"
fraud in Nigeria) have been detained and their loot recovered.
▪
Two Justices of the High Court have been sacked and two others
suspended, several legislators (including a past President of the Nigerian
Senate) have lost their legislative posts and are facing prosecution, three
Ministers of the Federal Republic have been dismissed and arraigned in
Courts of law, a former Inspector-General of Police the nation’s topmost
law enforcement officer) has been tried, convicted and jailed, and some
State Governors have been impeached or convicted for corrupt enrichment.
▪
Between 2003 and 2004, the EFCC recovered money and assets from crime
of over $700 million, as well as £3 million through the British Government.
▪
The EFCC successfully prosecuted a fraud case involving $242 million
arising from a bank fraud in Brazil in 2005. In its 2006 Report, it revealed
that the Commission has made 91 convictions and recovered assets worth
over $55 billion. Thus, by its activities, it has increased the revenue profile
of government by about 20%.
▪
A former Nigerian military dictator was reputed to have stolen some $1.13
billion and £413 million, apart from $386.2 million defrauded through
Page -13-
fictitious and inflated contracts. The anti-graft crusade of government has
led to the recovery of a substantial proportion of these funds.
In 2011, the Nigerian Federal Government set up an Inter-Agency Task Team
(IATT) consisting of twenty-one Anti-Corruption and Public Agencies promoting
transparency and accountability in Nigeria. The objective was to galvanize and
reaffirm the unwavering commitment of Government in the fight against
corruption by creating a single vision and a shared sense of purpose by those
tasked to prevent and combat the monster. The Team identified a major problem
in Nigeria’s anti-corruption efforts - the location of anti-corruption functions
within multiple and operationally diverse institutions, which despite their closely
related and often overlapping mandates, have limited interface and cooperation,
and seldom coordinate policies and operations. The Team formulated a threepronged National Strategy to Combat Corruption - Prevention, Enforcement and
Sanction, and Public Engagement. It proposes intervention at the policy, technical
and institutional levels and aligns the objectives in the fight against corruption
with major government policies.
The Nigerian National Strategy (2011-2020) promotes a three-phased approach:
i)
Strengthening the capacities of the dedicated anti-corruption and public
accountability bodies;
ii)
Main-streaming of anti-corruption and governance principles into the
work of the Ministries, Departments and Agencies (MDA); and,
iii)
Strengthening accountability, integrity and transparency at the State and
local government levels, the private sector and the society at large.
The Strategy incorporates a strong monitoring and evaluation system that will
ensure that individual MDAs prioritize and fulfil their obligations under the
Strategy, and that the public, the private sector and the international community
are informed of, and involved in the assessment of progress.
These are welcome developments in the war against fraud and corruption. The
Corruption Perception Index of the Transparency International may serve as a
ready index of how far Nigeria has gone in its sanitization programme. Between
1996 when Nigeria was branded the most corrupt nation on Planet Earth, and
2008, the position of Nigeria showed a remarkable improvement - up from the
bottom, to a position of 121 out of 180 countries studied. By comparison,
Botswana was ranked 36 and Tanzania 102. However, since then Nigeria has
Page -14-
begun another free fall - 130 in 2009, 134 in 2010 and 143 in 2011. It seems that the
programmed activities that achieved a measure of success in the recent past, are
fast losing grounds.
The question still begs for answer: Why is Fraud so resilient in Nigeria? It is to this
thorny issue we now turn.
IV
WHY IS FRAUD SO RESILIENT? LESSONS FROM NIGERIA!
Corruption has penetrated the warp and woof of the Nigerian society. The boss
and his messenger, the police officer and the recruit, the classroom teacher and
his student, the politician and the voter, the judge and the lawyer, the pastor and
his parishioner - none can remain untainted by this stigma. Two main factors have
played upon each other in destroying the moral fibre of the nation: abject POVERTY and
malevolent GREED. The greed of the ruling class, plays upon the poverty of the
larger majority of the people to perpetuate the scourge of fraud and corruption.
Why else would a serving Inspector-General of Police misappropriate N
= 17 billion
of Police fund in less than four years of public office? Why would a Major in the
Army accused of supplying government arms and ammunitions to militants and
insurgents in Nigeria’s Niger Delta have over N
= 220 million in his bank account?
Why would a serving Permanent Secretary in a Government Ministry be found
with the sum of N
= 2 billion in cash at his residence? These are obvious cases of
greed.
Furthermore, there seems to be a clear case of insincerity among the leaders in
truly addressing the problem; they have tasted the forbidden apple of power,
wealth and personal ambition nurtured and grown by corruption, and most of
their protestations against corruption is mere lip service. It does appear that the
anti-corruption agencies are allowed to operate, to the extent that they do not
cross invisible boundaries imposed by the government of the day. Thus, in spite of
spirited attempts by Nigeria’s EFCC to battle fraud, no Chief Executive of that body has
been allowed to serve out his or her term. They have all been applauded when they
hound the real or perceived enemies of the government of the day, and removed
from office when they step on sacred toes.
In Nigeria’s recent history, no leader has addressed the cankerworm of fraud
more directly, than the former President, Olusegun Obasanjo (1999-2007). Yet,
when he traded accusations with his Deputy on pages of newspapers on their
Page -15-
involvement in corruption, it became clear that Caesar’s wife was far from above
suspicion. In washing their dirty linen in the public, they revealed that much of
the high level international fraud that Nigeria was involved in, had its roots in
the Presidency.
The necessary follow-up therefore, is that the battle against corruption in Nigeria is
being prosecuted by men who are not morally qualified to lead in the crusade. It takes a
revolutionary to call forth a revolution; and revolutionaries are moral purists and
idealists, who would rather place their own necks on the chopping block than go
against the grain of their convictions. Very few Nigerian leaders would qualify as
moral purists. In a recent Public Lecture by this writer (Osisioma, 2010), he raised
five questions that are germane to our search for good governance and credible
leadership in Nigeria today. Addressing a cross-section of Nigerian politicians
including a serving Governor, experienced bureaucrats, seasoned academics and
captains of industry, this writer posed some heart-searching questions:
▪
Is there any Nigerian leader you can hold out as an example and model for
your children?
▪
Which leader in Nigeria do you secretly want to be like in character,
morality and general disposition?
▪
Do you know of any Nigerian leader you can honestly say with confidence,
that he will never lie to the people?
▪
Is there any Nigerian leader who can truly be called the servant of the
people?
▪
Which Nigerian leader do you really trust?
The answers to the above posers may begin to highlight Nigeria’s predicament as
a nation in the search for credible and honest leadership.
Finally, corruption has been seen to be very rewarding in Nigeria; hardly is any one
truly called to account for corrupt crimes of the past. Obayelu (2007) blames three
major factors for the enthronement of fraud and corruption in Nigeria: the nature
of Nigeria’s political economy, the weak institutions of government, and a
dysfunctional legal system. Absence of clear rules and codes of ethics, a culture
of affluent and ostentatious living that puts pressure on public officials, and
village/ethnic loyalties and competitive ethnicity. In his words, Nigeria is one of
the very few countries in the world where a man’s source of wealth is of no
concern to his neighbours, the public or the government Obayelu,
. Until
people perceive that it does not pay to be corrupt, they will not steer away from
Page -16-
that course.
Again in an earlier study, this writer sought to explore FIVE THESES on why fraud
and corruption remains very resilient in Nigeria (Osisioma, 2009):
1.
Corruption has an inherent capacity within its operational framework, that
sustains it and gives it life in perpetuity.
The greatest tragedy about corruption in Nigeria, is that men of questionable
character and less than wholesome pedigree, have been elevated to the position
of anti-corruption crusaders. A legislator who rigged his way into the legislature,
cannot work conscientiously for an electoral process reform. A lecturer who
cheated to obtain his certificate, cannot be trusted to drive the battle for ethical
restoration in the schools. A police officer who rises through the ranks through
deceit and fraud, cannot overnight become a paragon of virtue. Thus, the anticorruption war in Nigeria can achieve no success until it purges itself of those
within its ranks that are purveyors of corruption. No man can give what he does
not have; and so hands tainted with corruption cannot effectively prosecute the
war against corruption.
2.
Political accountability and democratic transformation hold the key to victory in
the fight against corruption in Nigeria.
To be accountable is to be answerable and responsible to a party as a means of
ensuring that the purpose and objectives of certain programmes and activities are
achieved. Thus, we can talk of Financial Accountability, Results Accountability,
Administrative Accountability and Political Accountability. Political accountability
on its own part, hinges on four main considerations.
•
First, are the representatives of the people, truly representing the interests of those
who elected them? In the modern polity, representative system of
government has become the means whereby the powers of state are
exercised on behalf of the people. But the mere fact of representative
government is no insurance of genuine democracy. For as Bevan (1978)
said:
A representative person is one who will act in a given situation in much the
same way as those he represents would act in that same situation. In short,
he must be of their kind. ... Election is only one part of representation. It
becomes full representation only if the elected person speaks with the
authentic accents of those who elected him. ... He should share their values;
Page -17-
•
•
•
that is, be in touch with their realities.
Second, does the democratic practice truly give effect to the wishes of the
majority? It is trite saying that in a democracy, the majority may have their
way, but the minority must have their say. However, the Arrow Paradox
postulated by Kenneth Arrow about the collective rationality of the
political process, states that under certain plausible conditions, majority voting
can fail to reflect the will of the majority. In other words, a small but powerful
minority could in effect dictate the outcome of the electoral process to the
majority. Political accountability requires that a powerful minority does
not neutralize the common wishes of the voiceless majority.
Third, does the political process emphasize due process and faithfulness to statutes
and necessary laws of the land? “ country’s laws represent the clearest index
of group consensus in a polity, and the legal process is the method by
which a people formally establishes norms or standards of acceptability.
Faithfulness to the laws is therefore, a major criterion in the quest for
genuine accountability.
Finally, are the actions of the legislature, the judiciary and the executive such as to
maintain the trust and confidence on which public office is anchored? The
democratic ethic requires the public official to perform his duty in a
manner that shows responsiveness to the society from which his authority
derives.
It takes a politically credible leader to effectively combat fraud and corruption in
the land.
3.
Unless the present generation of practitioners in Nigeria’s public life give way to
fresh blood, there is no hope in the battle to rout corruption.
Nigeria needs a completely new generation of fresh practitioners to drive the
nation’s public life. The old foxes need to take a rest and allow an infusion of a
breath of fresh air. The typical Nigerian politician is a study in contrasts:
▪
He is a master of double-speak and espouses a leadership completely bereft of
ideas;
▪
He has many cards he plays, depending on the needs of the moment. He
could play the ethnic card, the religious card, the gender card, the violence
card, or the rent-a-crowd card;
▪
He has no respect for the rights of others - only his own rights. His
understanding of democracy is terribly skewed in favour of his personal
Page -18-
▪
▪
▪
▪
and selfish interests;
He is a wily schemer who wants to reap where he has not sown and he has
no qualms about converting the pains of others into his own gains. He will
gladly serve his masters scorpion instead of fish, and retains a large
appetite for power and position;
He will rather exploit than protect the weak and defenceless. He finds
inexplicable joy in capitalising on the weaknesses of the citizens he is
supposed to protect;
There is a complete absence of the sense of history in all that he does. He
knows too well that time is the healer of all political wounds, especially in
a clime where good and long memory is never a virtue, and where the
dividing line between villains and heroes is hardly distinct;
He neither retires, goes on leave, takes a vacation nor goes on sabbatical.
Nigeria can go no way, with such an inglorious profile. Perhaps Nigeria may
have to learn a thing or two from Ghana, where an entire generation of leaders
were shoved out of the way so the nation can make progress. The point we make
is that if the Nigerian practitioner will not retire, then we must pray Providence
to retire him. The need today is for the politics of service, of true commitment to
public good, a ministry of personal and costly sacrifice for the common good. The
need is for a new breed of leaders in politics and governance that are not
desperate for power; leaders with idealism, standards and convictions, who will
serve as beacons and role models for our children; leaders who will bind our
wounds and reconcile our broken ranks. Such leaders will chart the course for
State and nation, and restore our land to the path of true greatness.
4.
The single most important index in the spread of corruption in Nigeria is the
failure of the deterrent factor.
The problem with Nigeria had never been the absence of good laws, good
manifestoes or even good intentions. The problem has always been with
implementation. And at the core of the failure of implementation is the failure to
apply deterrence to excise the malignant growth on the nation’s torso.
Notwithstanding the number of Nigerians that have been brought to the courts
on corruption charges, how many still have any stigma whatsoever hanging
around their necks? Is it not true that men with track records that should spell
doom for their careers, have instead gone on from strength to strength? Even in
instances where official reports indicate that some individuals are security risks,
Page -19-
they have been known to go about lionized as celebrities by their communities?
The truth is that in Nigeria, a man with the right connections can get anything,
anywhere, anytime, anyhow. And no nation with that kind of reputation can
wrestle down the scourge of corruption.
5.
Until Nigerians young and old, big and small, sufficiently detest corruption to do
something radical and drastic about it, the problem will not go away from the land.
It may be true that corruption is a leadership problem, but it happens too to be a
problem of follower-ship. Both the Minister and his messenger, both the
Permanent Secretary and the office clerk, both the police officer and police
recruit, all stand in need of redemption from the deadly and cancerous growth.
The typical Nigerian worker:
▪
Seeks the highest possible pay for the lowest possible work. No wonder he
comes late to the office, but goes home early. And for the period he is in
office, he sees anyone who demands service from him as an intruder. He
will apply his intellect to beat the system and circumvent every existing
procedure and control;
▪
Works best when he is working for himself. He is usually very skilful, very
knowledgeable, and very talented in what he does. But he is most reluctant
to exhibit that skill and knowledge for any boss, whether public or private;
▪
Is highly protective of his personal property, including his intellectual
capital; yet he is willing to treat with reckless abandon the property that
rightly belongs to all of us - public property;
▪
Finds it very easy to convert public property to personal use. The dividing
line between public and private property for him, is hardly
distinguishable;
▪
Knows what exactly ought to be done when passing judgement on others;
but he hardly would do it himself. He sees easily the faults and failings of
others, but not his own faults and failings.
A nation in an urgent drive to obliterate the political and governance sins of the
past, and develop a progressive posture for the future must be impatient with
this kind of work ethic. The only way society can begin to change, is when every
person begins to appreciate the cost of corruption on the nation’s collective
psyche, and then decides to bequeath a legacy of excellence and integrity to our
children and children’s children.
Page -20-
V
TOWARDS A LEGACY OF EXCELLENCE AND PROBITY!
Having diagnosed the problem with this patient, what then is the answer to our
national predicament? In order to successfully combat fraud and white collar
crimes, we must put in place a mechanism that will eradicate and transform the
culture and legacy of corruption. The solution may not be a quick-fix, but it must
address the root causes of fraud in the polity, and galvanize and orchestrate
those measures that will herald the emergence of honest leaders with the political
will to truly combat corruption. The nation’s leadership must demonstrate the
willingness to track down and punish corrupt officials and citizens, even when
their own friends and relations are involved. It must also create a conducive
economic climate that would raise the standard of living of the citizenry. This
calls for a social safety-net among the non-working class, to reduce the worry
about basic survival in the face of growing economic insecurity (Obayelu, 2007).
Besides, there is the need for a reinforced accountability framework that will
insist that men in public office live in full glare of the public - transparent,
morally sound, and of high ethical fibre. Public sector performance indicators
may also be put in place to assess of performance of public officers and
determine their Character-Integrity Quotient. Perhaps, the time is ripe to call for
Special Tribunals that will fast-track the trial of anti-corruption cases to ensure
their prosecution. Sutherland’s theory on fraud recognises that criminal
behaviour is learned and copied. Strict application of the law may be a factor in
helping people to unlearn criminal behaviour. Such tribunals will do well to
include judiciary, police, regulators (like the EFCC, ICPC and Code of Conduct
Bureau), private sector stakeholders, and civil society organisations. Such a step
will be a welcome and nerve-tingling warning that government actually means
business.
Furthermore, this paper strongly advocates a National Value Re-orientation. Values
are the constellation of likes, dislikes, viewpoints, inner inclinations, rational and
irrational judgements, prejudices, and association patterns that determine a
person’s view of the world Spranger,
Quoted by, Gibson, et al 1997). They
are guidelines a person uses when confronted with a situation in which a choice
must be made. Men without values constitute a blot on the nation’s psyche. “
Teacher without values will sell grades for sex and money; an Engineer without
values will build roads and utilities that will neither endure nor give real service;
Page -21-
an Architect without values will design buildings that will collapse and kill their
occupants; a Judge without values would be a stranger to justice, selling and
buying ex-parte motions, and standing fair conduct on its head; a Politician
without values will be an opportunist in the corridors of power - greedy,
malevolent, deceitful, dishonest and above all, dangerous to the nation’s well
being; and, an Accountant without values will substitute expediency for priority,
imitation for innovation, cosmetics for character, style for substance, and pretence for
competence Covey,
.
To change a people’s value system, we must build values that are based on
principles and develop a humane, responsive and merit-based society where
people are judged, not by the colour of their skin but by the content of their
character . Such principles include Fairness out of which our whole concept of
equity and justice is developed; Integrity and honesty, which create the foundation
of trust so essential to cooperation and long-term personal and inter-personal
growth; Human dignity, which recognizes that all men are created are created equal
and endowed by their Creator with certain inalienable rights, that among these are life,
liberty and the pursuit of happiness ; and Service, or the idea of making a
contribution and adding value. Such principles should also include Quality and
excellence; Potential, reflecting the idea that we are embryonic and can grow and
develop and release more and more potential, develop more and more talents;
and Growth, patience, nurturance and encouragement (Covey, 1989).
The need is to promote a merit system in which appointments, promotions and
status enhancements, are based on the qualifications or merit of the individuals.
Unless, a nation reverts to such a system, it shall never be able to reconstruct the
values upon which a healthy social fabric is based.
Moreover, there is the need to establish a National Integrity System. An integrity
system embodies a comprehensive view of reform, addressing corruption in the
public sector through government processes, leadership codes, organization
change, civil society participation, reformed democratic process, private sector
interest and media attention (Stapenhurst & Langseth, 1997). Such a system
makes corruption a high-risk and low-return undertaking and calls for concerted
action in several directions:
•
A clear definition of limits of power for those in leadership positions;
•
A strong commitment of the leaders at the topmost levels to the concept of
ethics in governance. Consequently there should be an Ethical Code
Page -22-
•
•
•
•
defining clear ethical commitment by political leaders to combat corruption
when it occurs;
Well coordinated reforms that build on one another instead of piecemeal and
unsustained attempts;
Balanced reforms that do not rely too much on just the law or the
enforcement process. It is not enough to have an ICPC or EFCC law and
enforcement agencies, but take proactive measures to protect the public
decision-making process. This calls for a conscious effort to build a system
that minimizes risk of corruption;
Strengthening the Watchdog Agencies - EFCC, ICPC, Code of Conduct Bureau,
Public Procurement Office, etc. The traditional functions of the AuditorGeneral and Public Accounts Committee must also be strengthened. An office
of a National Ombudsman may need to be created to ensure that decisions,
actions or omissions, and processes that run contrary to law, rules and
regulations, are curbed by strong judicial-executive action. It is the
combination of the judicial and executive powers in a body that will really
serve to deter corruption;
Encourage Whistle-Blowing through legislation and deliberate government
policy. Individuals that come forward with information should be
protected, rewarded and appreciated.
Finally, effective combatting of fraud requires increased emphasis on ICT resources
to drive the business of governance. The ICT revolution must impact on the
public service delivery efforts in a number of ways that will minimize occasion
for corrupt practices. For one, personal contacts will be reduced to a minimum.
Second, the speed with which transactions are executed will cramp the style of
those who capitalize on programme tardiness to work havoc on the system.
Third, the general availability of information to all persons at the same time
minimizes the prospect of monopoly power through hoarding of information.
True enough, ICT has its inherent problems of fraud and corruption, but it can
indeed be a tool in reducing the incidence of corruption in the system.
Traditional organizations have a pyramidal structure, with a narrow apex, and a
broad all-inclusive base. The trend in the 21st century is towards a deliberate
strategic design of organizations that look like a web - flat, intricately woven
form, that links partners, employees, external contractors, suppliers and
customers in various collaborations. This paradigm shift is a feature of strategy
execution and success in today’s world.
Page -23-
VI
CONCLUSION
More than half-a-century ago, the birth of Nigeria as an independent nation was
an epochal milestone in the long quest for black emancipation, freedom and
restoration of human dignity. Armed with a glut of human and natural resources
and quite an abundance of international goodwill, Nigeria sat atop a host of
promising and emerging nations from the developing countries, who had shed
the toga of colonial inferiority in search of relevance in the comity of nations. The
people’s confidence was infectious, their footsteps had a spring to them with a
hint of suppressed pride, the expectations were full of promise, and the nation’s
gaze was fixed inexorably on the horizon. Today, five short decades down the
line, the cookies seem to have crumbled, the dreams have turned into a
nightmare, and all protestations to greatness sound hollow. The social systems
are fraught with inequity, the economic policies a sham, the nation’s misery
index is on a persistent rise, and the human development index plummets daily.
Nigeria has proved the point that it takes more than mere potentials to transit
from pedestrianism to true greatness.
The lessons from Nigeria are myriad. Radical solution for systemic fraud
demands that the individual be changed, the system be changed, and the
foundation of society and community life be changed. Besides, men who would
prosecute the war against fraud must be moral purists - they must not be men
tainted with the stigma of fraud and corruption. Furthermore, unless the present
set of leaders give way to some breath of fresh air, there will be no future for the
nation. And lastly, political accountability and democratic transformation hold
the key to victory in the fight against corruption. Fraud has become a malignant
tumour on the nation’s torso, and only radical surgery can keep the patient alive.
Thank you for your kind attention!
Ben
May 22, 2012.
Page -24-
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