THIRTEEN PERCENT DERIVATION FUND: MORE QUESTIONS THAN ANSWERS
The principle of derivation as encapsulated under the proviso to Section 162 (2) of the 1999 Constitution as amended. It is geared towards providing recompense to the producers of any natural resources for the expropriation and sequestration of their rights to control and manage same, by the Nigerian State.
The percentage of revenue paid to the oil-producing states from the oil that is produced from their areas has been a matter of contention since oil was first discovered in Nigeria. The 1999 constitution provides that at least 13 percent of the revenue derived from natural resources should be paid to the states where it is produced, though there have been substantial delays in calculating and paying these sums. The federal government only began making payments in accordance with the increased allocation in January 2000, although they fell due from June 1999, and in practice has never paid the 13 percent minimum. Nonetheless, allocations from the federal government to the oil-producing states have increased markedly since 1999, rising to 25 percent of the amount paid out to states from the “federation account” in 2001 (the equivalent of just over U.S.$1 billion), from 12 percent in the second half of 1999 (or approximately $120 million). The main oil producing states – Akwa Ibom, Bayelsa, Delta, and Rivers – have about 10 percent of the population of Nigeria. These payments have not satisfied residents of oil-producing areas who feel they still do not receive adequate benefits from the oil. Individuals and groups from across the political spectrum in what is known as the “south-south” zone of Nigeria have demanded that the oil producing states assume “full control” over their natural resources, and pay tax from those revenues to the federal government. They also demand the repeal of a number of laws that give control over land and mineral resources to the federal government.
Despite claims of neglect and abandonment, investigation has revealed that governments of oil-producing states in Nigeria had over the years, failed to utilize the resources provided them to develop their states and the region. Data obtained from a series of reports from the Central Bank of Nigeria, CBN, revealed that oil-producing states in Nigeria received N7.006 trillion as payments under the 13 per cent Derivation principle over the last 18 years, from 1999 to 2016.
The oil producing states are Akwa-Ibom, Rivers, Delta, Cross River, Edo, Bayelsa, Abia, Ondo, Imo, Anambra, and of recent, Lagos State. Analysis of the payments showed that from 1999 to 2003, N360.4 billion was paid to oil-producing states; N1.338 trillion were paid to the states between from 2004 and 2007; 2008 to 2011 saw the states receiving N2.36 trillion, while from 2012 to 2016, the states received N2.947 trillion. Ironically, the 2017 budget of all the states, inclusive of Lagos, stood at N3.165 trillion, about half of the amount received by the states from the Federation Account under the 13 per cent derivation principle.
The huge sum notwithstanding, the Niger Delta region is still suffering from massive infrastructure decay, widespread poverty and environmental degradation, among numerous others. The 13 per cent derivation fund has been a subject of controversy between the oil-producing communities and their various states government, with the former asking the Federal Government to stop paying the money directly to the communities and not into the coffers of the state.
The federal government has announced on several occasions the priority it gives to development in the Niger Delta, including by establishing a Niger Delta Development Commission. But the announcements have not led to significant improvements on the ground. In particular, little of the money paid by the federal government to state and local governments from the oil revenue is actually spent on genuine development projects: there appears to be virtually no control or proper audit over spending by state and local authorities-despite the federal government’s creation of an Independent Corrupt Practices Commission (ICPC) with the mandate to investigate such wrongdoing
Recently, the revelation of Governor Nyesom Wike of Rivers State that President Muhammadu Buhari approved and paid the arrears of the 13% derivation fund to Rivers, Bayelsa, Delta, Edo and Akwa Ibom states came like a bombshell. Wike spoke on the arrears during the inauguration of the N17billion Port Harcourt Campus of the Nigerian Law School. The governor said President Buhari’s gesture was the major source of revenue for his projects, including the flyovers, the law school and the cancer centre. He was quoted as saying: “Monies that were not paid to the Niger Delta states since 1999 mainly 13 per cent deductions, the President approved and paid all of us in Niger Delta states.” Wike repeated his comments at two other events afterwards.
Wike’s revelation has raised another series of questions such as what have the other governors who received a similar windfall been doing with their own? How much was received by each state? And did they just receive it and keep quiet? How will they expend it? Or will they just walk away with it or utilize it as campaign funds in an electioneering period like this or use it for other extraneous purposes that are not related to the yearnings and aspirations of the people of the state who are supposed to be the major beneficiaries? Another important question that comes to mind is how such conspiracy of silence was possible in a democracy and where there are a plethora of checks and balances put in place which is expected to put people in the know.
We at CACOL, would like to know the exact amount collected by each of the states involved, how the money was spent or is being spent. We would also use this medium to call on the anti-corruption agencies to investigate the governors of the states concerned including Rivers, so as to be sure that the quantity and quality of the projects executed is commensurate with the money collected.
CACOL CALLS FOR THE PROSECUTION OF SIEMENS AND HALLIBURTON SCANDALS’ SUSPECTS
The Centre for Anti-Corruption and Open Leadership (CACOL) has called on the various anti-corruption agencies in the country to come out with their findings on the Halliburton and Siemens bribery scandals with the aim of bringing those culpable to justice.
In a statement issued by CACOL and signed by Tola Oresanwo, its Director of Administration and Programmes on behalf of its Chairman, Comrade Debo Adeniran, CACOL said it is taking too long for the findings of the investigations into the high profile cases to be made public.
It would be recalled that sometime in the year 2016, the Economic and Financial Crimes Commission (EFCC) announced the re-opening and resumption of activities on the Halliburton and Siemens bribery scandals with the aim of bringing those culpable to justice. Six years down the line, no concrete action had been taken on the matter neither has there been any information on how far the agency had gone on the matter.
Commenting on the long, tortuous journey to secure justice on the two scandals, the group recalled its long pursuit of justice on them by its protests and petitions in which it specifically requested the investigation of the former Minister of Justice and Attorney General of the Federation, Mr. Mohammed Adoke (SAN) urgently for alleged extortion.
Reiterating its focus on its objectives, CACOL recalled the recent words of its Chairman, Debo Adeniran, urging the EFCC to continue the process and to vigorously pursue the cases to logical conclusions within the ambit of the law.
“The EFCC and other anti-corruption agencies involved in the cases should even look beyond the former President of the Nigerian Bar Association, Joseph Daudu (SAN); the former Attorney-General of the Federation, Mohammed Adoke (SAN), Emmanuel Ukala (SAN), Chief Godwin Obla (SAN), Mr. Damian Dodo (SAN), and Mr. Roland Ewubare for their alleged involvement in the $182m Halliburton scandal. Everyone else involved in the Halliburton and Siemens scandal must pay for their crimes, no matter who they are,’’ he stated.
One thing that is making corruption thrive in the country is the culture of impunity which is being enjoyed by many so called “Big-men” in Nigeria. Once a crime is perceived to have been committed and there is no thorough investigation and subsequent prosecution of the culprits, then there is the tendency that others would commit the same crime in higher magnitude knowing fully well that they would not be punished.
It is instructive to note that some of the cronies of the Halliburton and Siemens bribery scandals have been punished in their respective countries. It is only in Nigeria that we found it difficult to prosecute those involved just because they are influential and somehow more powerful than the state.
“We should also note that recently, the federal government said all was set for the commencement of inauguration of the first set of power equipment procured under the Presidential Power Initiative (IPP), popularly known as Nigeria-Siemens power project. This shows that the present administration is dealing with the same Siemens who happen to be one of the companies involved in the scandal without prosecuting all those that were fingered in the scandal.”
He further reiterated the need for diligence in investigations, prosecutions and procedure, stressing that “a situation where culprits of corruption escape justice based on wobbly prosecutions or investigations will only make Nigeria to be a laughing stock among the comity of nations especially as far as corruption is concerned.”
We at CACOL therefore use this medium to call on all anti-corruption agencies to rise to the occasion and make public the results of their investigations on these scandals. It is our utmost desire to see agencies of government treat all suspected corruption criminals in the same way in order to send the appropriate message to innocent Nigerians that corruption is a shameful act, pointing out that this is in line with CACOL’s mantra: Name, Nail, Shame and Shun corrupt leaders anywhere, everywhere.
PRESS BRIEFING ON PRIORITIZING ANTI-CORRUPTION AND SOCIAL INCLUSION IN THE 2023 POLITICAL AGENDA: IMPERATIVES AND COMPONENTS, ORGANIZED BY THE CENTRE FOR ANTI-CORRUPTION AND OPEN LEADERSHIP (CACOL) HELD ON 30TH MARCH, 2022.
Good morning, ladies and gentlemen of the press.
Corruption, wherever it occurs, represents a decline in our value system as a nation. If left unchecked, it poses a grave threat to our democratic values and our dream of being an ethical and truly developing state. Corruption is committed by individuals who are driven by greed; they steal state resources, business opportunities and consciences of civil populace that are intended to grow the economy, eliminate poverty and ensure the achievement of development outcomes.
Corruption is commonly but, unofficially conceptualized as the misuse of public office for private gain. The Constitution of the Federal Republic of Nigeria provides that the ”State shall abolish all corrupt practices and abuse of power” (Nigerian 1999 Constitution Section 15.5). Similarly, the Act establishing the Nigerian Independent Corrupt Practices (ICPC) criminalizes corruption. According to Transparency International, corruption is: “Misuse of entrusted power for private gain” (TI 2013). Corruption includes abuse of power, but it is a larger concept and a much more serious issue than the misuse of public office for private benefits. Corruption is the breach or perversion of legal rules, established procedure, and code of conduct or social norms and values in the service of unethical or illegitimate ends. Nonetheless, CACOL defines corruption as any act of dishonesty.
The issue of corruption has continue to draw lots of attention to Nigeria and controversies in Nigeria as a result of the negative impression, perception and reputation that successive Nigerian government has earned for the country in various areas where countries of the world are ranked as far as corrupt practices are concerned.
It is against this background and the need to shift the paradigm of corruption fighting away from the ruling class that has been committing corruption crimes to the right holders who have been suffering the jeopardy resultant from such criminal activities that the Centre for Anti-Corruption and Open Leadership, (CACOL) have had series of consultative meetings with some prominent Community Based, Civil Society and Faith Based Organizations in Lagos State. The fora presented an avenue for us to intimate them on the roles they are expected to play in prioritizing anti-corruption, accountability and social inclusion issues in Lagos State as the State prepares for upcoming 2023 elections. All the CBOs, CSOs and FBOs consulted expressed happiness and appreciation at the fact that such a meeting had been organized to involve them on the roles expected of them prior to 2023 elections. They also assured us of their continued cooperation and support.
From our consultative meetings with the CSOs, and FBOs in the state, it is a unanimous opinion that corruption in Nigerian environment is an act deliberately perpetrated by policy makers and a contradiction of democratic values and principles by politicians thereby thwarting accountability and transparency. Corruption is systemic in Nigeria leading to a particularistic political culture in which values are allocated based on one’s connections in the society and not merit. The weakening of political institutions and lack of political willingness in combating corruption made it a bane for good governance and development in Nigeria. The efforts to fight corruption were sabotaged by policymakers as anti-graft agencies were politicized and turned into a tool for intimidation of opposition.
Corruption is exhibited by elites in forms of bribery, extortion, nepotism, cronyism, patronage, graft and embezzlement. Corruption has been institutionalized in the entire Nigerian system including political, administrative, and bureaucratic. Corruption in Nigeria has been perceived as a brazen squander of public treasury by office holders impoverishing the masses and leading to low infrastructural development. Corruption in Nigeria is perceived either in the form of grand, bureaucratic and legislative corruption. Corruption in Nigeria can be seen in the jumbo payment of salaries to political office holders while paying the average worker a meager amount not plausible for survival.
Nigeria’s Fourth Republic commenced on the 29th May, 1999, with great hope and expectations in spite of the fact that the process was initiated and mid-wived by the military that had perpetually held on to political power and so lacked the moral justification to convince the generality of the people of its success. Many people saw the development as a dawn of a new beginning for good governance and democratic dividends. However, the euphoria that greeted the return to civil rule has been replaced by frustration and hopelessness as those elected by the majority to represent the people continue to live in opulence that does not conform to the present economic realities. Campaign against corruption by successive regimes has remained mere rhetoric just as the rule of law is mere pronouncement. Although the country has held six general elections (1999, 2003, 2007, 2011, 2015 and 2019), so far they have all been marred in controversies, fraudulent practices by both the electoral body and the security agencies with credibility and legitimacy crises as end products. In fact, it has been argued in several fora that corruption remains the worst problem challenging and hindering the country’s socio-economic and political development. In recent times, many development scholars and public affairs commentators have concluded that the socio-political and economic woes of Nigeria are rooted in corruption.
Electioneering in most multicultural societies like Nigeria is a deliberate agenda of the elites to polarize voters along ethnic and religious lines. As such, campaign messages are usually tainted with sentiments and hate speeches to divert the attention of the electorate from the real socio-economic problems of the state. Although the 2015 Presidential Election has been described as historic in the annals of Nigeria’s democratic journey, emerging realities necessitate the review of the link between campaign propaganda, electoral outcome and dynamics of governance in the post-2015 era. We have observed that high-level campaign propaganda influenced voter choices and ultimately, contributed to the victory of an opposition party in the 2015 Presidential Election. However, the winning party has substantially failed to deliver some of its electoral promises. Instead, it has deployed the state power in pursuit of sectional interests. We believe that this trend can be reversed if key democratic institutions are established and strengthened in Nigeria.
In Nigeria, political parties and candidates are usually seen as representatives of ethnic or religious groups. Individuals have strong attachment and allegiance to their ethnic nationalities and religion since these variables often constitute basis for political patronage and reward. As a result, voters are incapable of making objective political decisions on the basis of the antecedence and competence of candidates, as well as the ideological leaning of the political party. Rather, electoral choices of individuals are informed by ethno-regional and religious considerations, and pattern of voting reflects deep polarization of the electorate along parochial interests. Indeed, political parties and candidates exploit this deep vacuum to frame campaign propaganda that depicts the north-south dichotomy in order to influence electoral outcome.
Political parties have undeniably assumed an indispensable status in the democratisation process given the critical role they often play in effectuating good governance, the rule of law and human rights protection. Beyond this, political parties are seen as platforms through which the mobilisation and enlightenment of the citizens on the policy direction of the state are made possible. They perform the latter function by organizing opinions and attitudes around sets of issues of public importance which would subsequently be disseminated to the electorate through various the mass media. The essence is to consciously modify the voters’ worldview in line with the programmes, sentiments and proposals of the party in order to elicit either objective or subjective support from the targeted group.
Election promises have come to represent one of the fundamental elements of the representative democracy through which hopes and expectations are created and sustained in any society. It is also the larger context of the strategies which political parties adopt to stimulate voter turnout, motivate supporters to vote in an election and, ultimately, determine the outcome of the election. Thus, given the general distrust against election promises by the citizens, the tripodic linkage between campaign promises, election outcomes and post-election governance have constantly remained the subject of scientific inquiry. Essentially, the crux of the inquest has revolved around: inspecting the electoral promises made by politicians and political parties before an election, determining how it largely influenced the outcome of the election and understanding the modalities on ground to faithfully convert these ideas into reality in the post-election governance.
In advanced democracies like the United States and United Kingdom, election avails voters opportunity to objectively scrutinize and analyze the programs of political parties and competence of candidates. Election messages are designed in line with the prevailing socio-economic challenges of the state. In Nigeria, reliance on ethno-religious considerations for electoral decisions as seen in the 2015 presidential elections have polarised voters along religious and ethnic lines. Inciting messages, questionable promises, hate speeches, and campaign of calumny were features of the 2015 presidential electioneering. Absence of issue-based campaign in Nigeria has led to disputed elections, undermined the emergence of competent leadership, exacerbated social crises, and deepened acrimonious relationship among the citizens.
We are not unaware that faith-based organizations and ethnic-based communities have naturally been part of basic consideration in socio-political power play in Nigeria. Our concern is hinged on those demographics that are only theoretically included but practically excluded in the scheme of administering their lives and that of their progeny. They are those that we have earlier stated – the physically disabled, youth, women, displaced people, people in the rural communities, illiterates, etc. These are groups that have constitutional rights to be included in the scheme of political considerations but have no specific rights that are justiciable, that could be asserted, when such people are excluded in the act of governance. We recognize that faith-based tendencies and ethnic affinities have been adequately taken care of as primordial conditions for elections and appointments as government functionaries, albeit we disagree with using religion or ethnicity as parameter for selecting candidates for elective and appointive political offices and responsibilities. It is our belief that the principle of merit should primarily be upheld towards ensuring that it is only the most qualified in terms of technical knowledge, cognate experience and good quality of mind that are the reasons why a person is elected or appointed to serve the appropriate position of authority.
In order to ensure social inclusion in the electoral process, voters must be given information about how to register, where to register and when the registration centre is open. Women, youth, people living with disability, internally displaced people etc. may also need encouragement to register, in particular where cultural norms imply that elections are a male domain, where there is illiteracy or where there is widespread political apathy. In most countries with high illiteracy rates, women constitute the largest proportion of illiterate voters. In some contexts, it will also be necessary to ensure that information is provided in local languages.
Why is it important to foster youth political participation?
It’s a known fact that in many political parties, the relationship between youth and the parties is strained. To break a cycle of skepticism and mistrust, youth can develop the skills and motivation to successfully interact with political parties. At the same time, political parties could be encouraged to create space for them by removing barriers to youth involvement. In some contexts, youth wings of political parties have played a central role, by providing a powerbase for young members, retaining and grooming them, and reaching out to young voters.
Participation is a fundamental democratic right. It should be an end in and of itself to remove existing barriers to youth political participation. From a more purely pragmatic perspective, if young people have the perception that formal political processes are not accessible and/or attractive for them; this can shape their attitudes for a lifetime, with potentially long-lasting negative impacts on a country’s political culture.
It has been found that in new and emerging democracies, the inclusion of youth in formal political processes is important from the start.
Through their active contributions, democratic values can come to life, paving the way for the overcoming of authoritarian practices. In countries where youth led protests have forced authoritarian regimes from power, significant frustration is likely to arise if youth are not included in new formal decision-making procedures. This might have a destabilizing effect on democratization.
Further evidence suggests that youth are more inclined to participate in informal political processes. Activism, protests and campaigns are common avenues; youth are often driving forces behind reform movements. In the current world and throughout history, there are many examples of powerful youth-led protest movements. Youth also tend to get involved in civic, service-oriented activities, such as volunteering for a social cause. Many young people are more inclined to join a tree-planting project, for example, than to join a political party talking about planting trees in the future.
RECOMMENDATIONS
We would therefore make the following recommendations based on the unanimous opinion from our consultative meetings with the CSOs and FBOs in the state:
1. It is our recommendation based on our findings on the field that there is an urgent need to overhaul the whole gamut of election architecture in Nigeria through aggressive and comprehensive reforms. Firstly, there is need to strengthen the administrative, financial and institutional autonomy of INEC to regulate the use of hate speech during electioneering. In most cases, the Electoral Management Body (EMB) lacked the capacity to punish highly placed public officials who violate extant electoral rules and guidelines mainly due to institutional incapacitation. The institutional weakness no doubt, has hindered effective coordination of the electoral processes by the EMB. Secondly, INEC should be empowered to punish any candidates found to have violated the new electoral law by disqualifying and banning them from participating in elections for a minimum of eight (8) years.
2. The statutory functions of the National Orientation Agency (NOA) should be expanded to undertake the democratic role of political education and enlightenment of the electorate on the borderline between conventional campaign promises and political propaganda. In carrying out this function, the agency must prioritize use of indigenous languages in order to get to wider audience not conversant in English language. By so doing, the electorate would be well-informed on what constitutes a realistic campaign promise and a mere slanderous propaganda targeted at discrediting an opponent unjustly and scoring cheap political popularity. The NOA should also insist that Nigerians deserve the truth and should be told the truth and nothing more, no matter how unpalatable it may appear.
3. The media must be regulated by law to disseminate objective messages during electioneering. Specifically, it must be restrained from being an appendage of a given political party, showing preference for any candidate and serving as tool to disseminate disinformation and hate speeches.
4. The Civil Society Organizations (CSOs) drawn from academia, trade unions, media and social research institutes should jointly conduct background checks on contestants and manifestoes of political parties, and subsequently, educate voters on the qualification of candidates and feasibility of their programs. Most importantly, CSOs should organise and insist on compulsory participation of all candidates in a televised debate. In most cases, presidential candidates abscond from debates and only educate the electorate on the policy direction of their parties during campaign tours. In Nigeria, political campaign tours is an inappropriate means of educating voters since actors utilise the platform to showcase their dancing skills, engage in names calling, and reel out questionable campaign promises.
5. Equivalent media fact-checking tools such as the Politifacts which finds out when politicians are making false claims; Truth-O-Meter that tells the voters whether the politician is saying the truth or not, and Flip-O-Meter that tells when politicians are flip-flopping promises during campaign, should be established in Nigeria.. As a corollary, fact-checker would help political actors to articulate issue-based campaign programmes reflecting the peculiar challenges of Nigerian state rather than relying on disinformation as viable means of accessing political power. The utilization of the fact-checking tools in Nigeria could help to limit hate speeches and spread of questionable campaign messages. Again, it will serve as a viable instrument for deepening democracy in Nigeria. However, the absence of these tools suggests that political parties and candidates are unhindered from coining and spreading controversial electoral promises.
6. Financial flow of political parties in terms of their income and expenditures should be closely monitored and the political actors should be compelled to give blow-by-blow account with verifiable evidence in terms of bank statements, payment receipts, etc. to ensure that they don’t overspend and they should not receive cash donations from their patrons or members. All contributions and payments to their service providers, consultants, etc. should be made through financial institutional transfers. Moreover, no politician should be allowed to distribute cash to electorates or people at the campaign grounds. The distribution of palliatives like food, household items and the rest should be limited to electorates at ward level and it should be tied to the needs of the people. The cost of the palliatives and the expenses incurred to distribute it should be manifestly accounted for. Politicians who have emerged as candidate of political parties should not distribute palliatives at all while aspirants at their ward level can do that in order to ameliorate some of the sufferings of their constituents but as soon as they emerge as candidate of their political party they should not indulge themselves in such things.
7. We would also lend our voice to the call for speedy determination of so many high profile corruption cases dotting the various temples of justice across the country. The cases involving Stella Oduah, former Minister of aviation, Orji Uzor Kalu, former Abia State Governor, Rochas Okorocha former Imo State Governor, Theodore Orji, former Abia State Governor and many other serving Senators still having corruption cases hanging on their necks should be dispensed with as soon as possible so as to serve as deterrents to others.
CONCLUSION
It is generally believed that corruption is responsible for the perpetual underdevelopment of our country and this had been enabled directly and indirectly by the custodian of the governing instrument which in most cases were not freely given by the citizens through their periodic voting exercises. We believe that this can be corrected if all the available legal instruments are diligently implemented by the wielders of political power imbued by the persistent demand of the citizenry. The citizenry can force the hands of the government officials backward from making corruption a state policy by perpetual monitoring of their activities in and outside of their places of official engagements and questioning them on issues of probity, accountability as well as insisting on the observation of all democratic principles and ethos. This is what CACOL has taken upon itself in collaboration with willing hands in the civil society and the populace to engender with a view to ensuring that corrupt elected officials are not welcome back into their ancestral communities. We believe this will deter others who flaunt ill-gotten wealth from continuing in that trade and ensuring that the innocents of their communities are not polluted to the extent that upcoming political elements will not see corruption as a dignifying career that they could adopt just like internet fraudulent practices is gaining ground among the younger generation.
Thank you for your attention.
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PETITION ASKING EFCC TO INVESTIGATE AND POSSIBLY PROSECUTE UNITED BANK OF AFRICA AND FIDELITY BANK FOR THEIR INVOLVEMENT IN ABDULRASHEED MAINA’S MONEY LAUNDERING CASE.
With the highest regard to you and your office, The Centre for Anti-Corruption and Open Leadership (CACOL) hereby petitions your office to investigate and possibly prosecute United Bank of Africa and Fidelity Bank PLC for their involvement in money laundering case involving a former chairman of now-defunct Pension Reforms Task Team, Abdulrasheed Maina who has just been sentenced to 8 years imprisonment.
From your investigations as revealed during the court processes, United Bank of Africa and Fidelity Bank PLC were culpable for aiding fraud and were used by Maina as “conduit” to defraud pensioners and they ought to have been charged alongside Maina.
We understand that, Fidelity Bank provided the channels with which the convict (Abdulrasheed Maina) used in defrauding the federal government, and for this reason the license of the bank ought to have been withdrawn as the bank benefitted from the proceeds of illegal transactions.
Even the judge, Justice Okon Abang declared that the convict, through the assistance of Fidelity Bank Plc, deprived the pensioners that gave their all to this country in their youthful age, their legitimate earnings, “Whereas the convict was feeding fat on their sweat in faraway Dubai, the United Arab Emirates (UAE), buying choice properties, driving bulletproof cars, living in affluence beyond his legitimate earnings”.
To this end, we hereby call for appropriate sanctions to be meted out to these banks which may include the withdrawal of their operating licenses, punishment and prosecution of offending bank officials.
CACOL, as you are aware, is an aggregate of human rights, community based and civil society organizations and individuals with an anti-corruption and openness in governance agenda across Nigeria. It is a non-political, non-religious, non-sectarian, non-profit organization.
Sir, we are encouraged to submit this petition to you based on our resolve to always expose any corrupt act(s) being perpetrated by anyone either in public or private sphere.
Moreover, this petition is directed at your good offices, knowing that statutorily, it is the primary responsibility of Economic and Financial Crimes Commission (EFCC) to investigate and prosecute this kind of cases and we have no doubt that you will do due diligence in carrying out this assignment for public good.
We are thanking you for your anticipated cooperation, detailed investigation and diligent prosecution if need be.
We would also urge you to please keep us posted about the progress being made on the case from time to time.
The Centre for Anti-Corruption and Open Leadership, CACOL, has hailed The Federal High Court in Abuja ruling that sentenced a former chairman of now-defunct Pension Reforms Task Team, Abdulrasheed Maina, to 61 years’ imprisonment which will run concurrently for eight years.
In a press release issued by the anti-graft coalition’s Director for Administration and Programmes, Tola Oresanwo on behalf of its Chairman, Mr. Debo Adeniran, he noted, “The court, in a judgment that was delivered by Justice Okon Abang, found Maina guilty on all the 12-count charge the Economic and Financial Crimes Commission (EFCC), preferred against him and his company, Common Input Property and Investment Limited. Justice Abang held that the anti-graft agency successfully established the essential ingredients of the offences contained in the charge, beyond a reasonable doubt.
The court ordered Maina and his firm to restitute about N2.1billion that was traced to their bank accounts, to the Federal Government, after which it ordered that the company should be wound up. Besides, it ordered the forfeiture of Maina’s two choice properties at Life camp and Jabi districts of Abuja, to the government, as well as the auction of a bulletproof car and a BMW 5 series car that was found on the premises of the convict.
Justice Abang stressed that though the law made provision for a maximum sentence of 14 years, he said he was moved by Maina’s plea for mercy.
“We at CACOL, received the news of the Federal High Court in Abuja verdict on Maina with great delight. It is very interesting to note how he had tried to evade trial by jumping bail at different times and how he had suffered, impoverished and denied many pensioners the opportunity to eat the fruits of their labour while they were alive. Many of the pensioners that he ought to have paid have died due to his own greed and sadism”.
The anti-corruption Crusader said “Though, his plea for mercy landed on the soft spot of the Judge, who sentenced him to 8 years instead of the maximum 14 years provided by the law, inasmuch as we want to commend Justice Okon Abang for taking this bold step, we believe that Maina doesn’t deserve mercy because he is a merciless person and he had done so much to evade trial which is a pointer to the fact that he is a chronic criminal that should not be given a chance to relate with decent people in the society. We believed that he deserved the maximum sentence of 14 years but now that the judgment had been passed, we hope that EFCC will appeal the judgment and seek for maximum sentence for a weakest soul like Maina. It has also come to public knowledge that Maina has other assets in different parts of the world, he should be able to either account for those assets or be forfeited to the Federal Government pending his ability to defend them”.
The CACOL’S Chairman added “In recent times, we have seen public office holders after siphoning the commonwealth of the citizens of this country running into billions to advance their individual and group’s business interests without recourse to laid-down procedures and thereafter be running from pillar to post in order to evade arrest and the attendant judicial prosecution. This is why we call on all the Anti-graft agencies to continue to investigate and prosecute other public office holders who are still enjoying their freedom and spending their loots. Moreover, any asset the person has accumulated should be deemed to be proceeds of corruption and should be confiscated and the person should begin again. We have always opined that culprits of official corruption need to be deprived of their evil accumulations, wherever and whenever they are found out, and made to face the full wrath of the law”.
The Centre for Anti-Corruption and Open Leadership, CACOL, has hailed the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for recovering 301 houses from two public officers in the Federal Capital Territory (FCT), Abuja.
In a press release issued by the anti-graft coalition’s Director of Administration and Programmes, Tola Oresanwo on behalf of its Chairman, Mr. Debo Adeniran, he noted, “it would be recalled that the Chairman of ICPC Prof. Bolaji Owasanoye, at the inauguration of the House of Representatives ad-hoc Committee on Investigation of the Operations of Real Estate Developers, said the agency recovered 301 houses from two public officers in the Federal Capital Territory (FCT), Abuja”.
The ICPC chairman said while 241 buildings were recovered from one of the suspects at different locations within the FCT, the remaining 60 were recovered on a large expanse of land at another location.
The chair of the Anti-Corruption Coalition said “we commend, laud and enthuse on the Chairman of ICPC Prof. Bolaji Owasanoye, for recovering these properties from the public officers concerned. It is pathetic that it is now a norm for unscrupulous civil servants to amass huge wealth which they cannot account for and use the fund to acquire choice properties in different parts of the country and even abroad”.
“This revelation by the chairman of ICPC is an indication that corruption has indeed found its safe abode in the nest of our public officials and personal aggrandizement has been placed above service to the fatherland. It further shows that some public officials who were entrusted with funds meant to carry out specific assignments cannot be trusted as they have continually been dipping their hands in the cookie jar”.
The CACOL’s Chief added “In as much as we commend ICPC for this remarkable feat, we want to use this medium to demand that the names of the accused officials be made public and that necessary charges be brought against them in the court of law. This will serve as a deterrent to others. It is also important to devise preventive strategies that will make it difficult for civil servants to steal public funds. The government should not fold its arms and allow unscrupulous public officials to run the various parastatals of government in their care aground while illegally enriching their private purses”.
Independent Corrupt Practices and Other Related Offences Commission,
Plot 802, Constitution Avenue,
Zone A9,
Central Area,
Abuja, Nigeria.
THROUGH:
Lagos State Office
10, Okotie Eboh Street,
South-West Ikoyi,
Lagos State.
Dear Sir,
PETITION ASKING ICPC TO INVESTIGATE AND POSSIBLY PROSECUTE THOSE MENTIONED IN THE PANDORA PAPERS REVELATION.
With the highest regard to you and your office, The Centre for Anti-Corruption and Open Leadership (CACOL) hereby petitioned your office to investigate and possibly prosecute those mentioned in the recent Pandora Papers revelation.
The Pandora Papers is one of the biggest ever corruption leaks led by International Consortium of Investigative Journalists ICIJ and over 600 journalists from 117 countries, including Journalists from Nigeria’s Premium Times Center for Investigative Journalists (PTCIJ).
Following the pattern of two previous leaks (i.e., the Panama Papers and Paradise Papers, which were released in 2016 and 2017, respectively), the Pandora Papers exposes systems and jurisdictions that enable and abet crime, corruption, and wrongdoing by politicians, billionaires, influential individuals, and their enablers globally.
Since its release on October 3, 2021, Nigerians have read in awe details of financial transactions and practices of politicians and influential individuals that exploit and, in some cases, violate and undermine extant financial guidelines and policies and threaten our corporate existence and collective wellbeing.
To this end, we hereby call for urgent investigation of some of the politicians, former and serving public officials, including Governor Abubakar Atiku Bagudu of Kebbi State, former PDP Vice-presidential candidate and former Governor of Anambra State, Peter Obi, APC chieftain, Senator Stella Oduah, among others.
Sir, you will recall that the earlier leaks i.e. Panama Papers and the Paradise papers led to significant protests across the globe and the fall of governments, dismissal of officials, criminal investigations, and asset confiscations. Unfortunately, both have had minimal impact in Nigeria as many of those indicted in the two papers are still moving around as they were not brought to account especially the likes of Dr. Bukola Saraki, Former Senate President and others despite our unrelenting demand that they should be investigated.
CACOL, as you are aware, is an aggregate of human rights, community based and civil society organizations and individuals with an anti-corruption and openness in governance agenda across Nigeria. It is a non-political, non-religious, non-sectarian, non-profit organization.
Sir, we are encouraged to submit this petition to you based on our resolve to always expose any corrupt act(s) being perpetrated by anyone either in public or private sphere.
Moreover, this petition is directed at your good offices, knowing that statutorily, it is the primary responsibility of Independent Corrupt Practices and Other Related Offences Commission to investigate and prosecute this kind of cases and we have no doubt that you will do due diligence in carrying out this assignment for public good.
We are thanking you for your anticipated cooperation, detailed investigation and diligent prosecution if need be.
We would also urge you to please keep us posted about the progress being made on the case from time to time.
Independent Corrupt Practices and Other Related Offences Commission,
Plot 802, Constitution Avenue,
Zone A9,
Central Area,
Abuja, Nigeria.
THROUGH:
Lagos State Office
10, Okotie Eboh Street,
South-West Ikoyi,
Lagos State.
Dear Sir,
PETITION ASKING ICPC TO INVESTIGATE AND POSSIBLY PROSECUTE ANDY UBA BEFORE HE CONTESTS THE FORTHCOMING ELECTION IN ANAMBRA STATE.
The attention of The Centre for Anti-Corruption and Open Leadership (CACOL) has been drawn to a publication by Premium Times of September 20, 2021 in which Mr Andy Uba was accused of unbridled corruption, advance fee fraud and money laundering. To this end, we hereby petition your distinguished office to investigate and prosecute if need be, the allegations against Andy Uba, a Nigerian politician, indicted some years back for smuggling dollars to the U.S and pound to the UK, and who is presently a gubernatorial candidate of one of the political parties in the upcoming governorship election in Anambra State.
We learnt from the publication that Mr. Uba was subject of a U.S investigation into an advance fee fraud scheme, known as 419 in Nigeria, according to the U.S government.
In the UK, he was said to have been barred from entering. The authorities said the Nigerian politician was associated with “fraud and other criminal activities”, and that “his presence in the UK would not be conducive to the public good”.
Mr. Uba, otherwise known as Emmanuel Uba, allegedly ran into trouble with the American government in 2003 for smuggling $170,000 into the U.S, using Nigeria’s presidential aircraft which flew into New York for a meeting of the United Nations.
He concealed the bulk cash, failed to declare it at the John F. Kennedy International Airport, and later handed it over to his girlfriend, contrary to the U.S law which he was familiar with as a regular traveller and as someone who had lived in the U.S before, according to court papers released by the American government.
The U.S. government seized the $170,000 after going through legal processes in which Mr. Uba and his girlfriend, Loretta Mabinton, were represented by lawyers.
Mr. Uba also allegedly ran into trouble with the UK government, and was barred from entering that European country. “On the basis of your character, conduct and association with fraud and other criminal activities, your presence in the UK would not be conducive to the public good and the Home Secretary has therefore decided that you should be excluded from all territories of the United Kingdom,” the UK authorities told Mr. Uba in a December 2, 2008 letter informing him of a decision to revoke his multiple visit visa to the UK, a document from a London court revealed.
Despite his being barred, Mr Uba attempted to enter the UK on December 24, 2008, in a private jet. The UK authorities turned him back at London Luton Airport, after confiscating a large amount of cash, about €135,000 from him.
The UK authorities said he also had “a large quantity of gold jewellery in his possession”. The UK government said they suspected that the money was “from crime, or that it would be used for a criminal purpose”. Surprisingly, €100,000 of the cash found on Mr Uba, “subsequently became unaccounted for and later formed the subject of investigations”. The remaining sum, the court document said, was seized by the UK government under the Proceeds of Crime Act 2002 and subsequently forfeited by order of the Court.
CACOL, as you are aware, is an aggregate of human rights, community based and civil society organizations and individuals with an anti-corruption and openness in governance agenda across Nigeria. It is a non-political, non-religious, non-sectarian, non-profit organization.
Sir, we are encouraged to submit this petition to you based on our resolve to always expose any corrupt act(s) being perpetrated by anyone either in public or private sphere and also our convictions that a person whose integrity and personality has been discredited and indicted by foreign countries, lacks the moral rectitude to preside over the affairs of our people at the state level especially when we have more credible, trustworthy, honest, dependable and reliable people in and from that state.
Moreover, this petition is directed at your good offices, knowing that statutorily, it is the primary responsibility of Independent Corrupt Practices and Other Related Offences Commission to investigate and prosecute this kind of cases and we have no doubt that you will do due diligence in carrying out this assignment for public good. This is to prevent what once happened in Delta State where a “common thief” was voted as Governor of that State.
We are thanking you for your anticipated cooperation, detailed investigation and diligent prosecution if need be.
We would also urge you to please keep us posted about the progress being made on the case from time to time.
The Centre for Anti-Corruption and Open Leadership, CACOL, has called on anti-corruption agencies to commence a necessary investigation into an allegation of a multi-billion naira fraudulent scheme engaged in by the Inspector-General of Police, Mr. Mohammed Adamu.
In a release issued by CACOL and signed by Mr. Tola Oresanwo, the anti-corruption organization’s Acting Director of Administration and Programmes, on behalf of its Chairman, Mr. Debo Adeniran, he stated, “It would be recalled that an online news medium SaharaReporters reported that the IGP had used his office to unlawfully compel and in fact threaten Mobile Police Commanders into generating millions of naira monthly through illegal means for the establishment of a Mopol Training School in Endehu, Nasarawa State. It was gathered that the same project was included in the 2020 budget of the Nigeria Police Force but was rejected by the National Assembly. But desperate to fulfil his desire, the Inspector-General of Police had each Squadron Commanders cough out nothing less than N500,000 monthly for the purpose of erecting different structures in the training school”.
“It was also reported that the IGP does not mind how these Mopol leaders get the money for the project, whether through corrupt means or otherwise, he does not care. The directive has made the Mopol Commanders do everything through corrupt means to raise millions of naira monthly to build the project just to satisfy the ego of the IGP and keep their positions too. The training school is about to be inaugurated on August 12 and the same Mopol Commanders are to be used as Guinea pigs to test run the facilities from August 16,”.
“SaharaReporters further reported that the Inspector-General of Police had insisted on having the training go on at the facility despite the warning of health experts due to the risk of participants contracting and spreading Coronavirus”.
“In view of the above and in order to keep the anti-corruption war as promised by President Muhammadu Buhari on track it is appropriate for this allegation to be investigated. We are of the opinion that given the enviable position being occupied by the Inspector-General of Police as the number one Law Enforcement Officer of the country, allegation as grievous as this should not be written off with a wave of the hand”.
“It is instructive to note that the Force has been embroiled in a number of corruption allegations leveled against its rank and file. We must not forget that in a 2019 public survey by the Socio-Economic Rights and Accountability Project titled “Corruption Perception Survey”, the Nigeria Police Force emerged the most corrupt public institution in the country”.
The Chair of the anti-corruption organisation added, “Considering the strategic and critical role of the Police Force in maintaining law and order, it is of great importance for the head of this agency of government to be above board at all times. If the allegation leveled against him was true, then the popular saying that when the head is rotten the whole body is sick can then be likened to the situation playing out in the Nigeria Police. A corruption-free Police Force under a corrupt head will be a mirage as the officers will perpetuate their corrupt tendencies with brazen effrontery. We therefore call on our Anti-Corruption agencies to swing into action now by investigating the allegation leveled against the Inspector-General and come out with their findings on the case.
Anti-corruption groups, including Transparency International and the Centre for Anti-Corruption and Open Leadership, have condemned the Lagos State House of Assembly for sending wives of the state lawmakers to Dubai at the cost of N80m.
The Speaker of the House, Madashiru Obasa, had told a panel of inquiry set up to probe corruption allegations levelled against him that the N80m was spent on training the wives of 20 lawmakers in Dubai with a budget of N4m each, adding that he declared the event open.
Obasa had said, “We gave N4m to each of the participants for air ticket, hotels, feeding and local travel. An air ticket to Dubai alone costs about N2m.
“The House of Assembly is above common standard of excellence and we have to train people, and this comes at a cost. Learning is not cheap and I have never collected N80m for estacode at a go before.”
But speaking to The PUNCH, Auwal Musa, aka Rafsanjani, the Head of TI in Nigeria, said it was saddening that N80m would be spent on such an event when the health and education sectors in the state were in shambles.
Rafsanjani, who is also the Executive Director, Civil Society Legislative Advocacy Centre, said an act could still be deemed as corrupt even if it is approved officially.
The TI head said, “If this is not corruption, what would you call this? The truth is that there is something called official stealing, looting and diversion of funds and it is happening across Nigeria and what the Lagos Assembly has done is just to tell you what is going on in other states.
“It is also a reflection of what is happening at the federal level because states usually emulate the federal. Nigeria’s democracy has been hijacked by those stealing the funds meant for development. Imagine how many communities would have clean water if that money was spent on development?
“Imagine if the money was used in equipping a primary health centre? Why spend it on legislators’ wives?”
Also speaking, the Chairman of CACOL, Debo Adeniran, said, “For me, it is not really the N80m that matters but the fact that the state is not supposed to spend a dime on the wives of lawmakers who are not even elected officials. These legislators are already receiving outrageous allowances which ought to cater for their families.
“They need to explain to us why it was important for the wives of lawmakers, women who were not elected, to be trained in Dubai.”
Similarly, the Chairman, Human and Environmental Development Agenda, Olanrewaju Suraju, said the spending could not have been included in the state’s budget.
“Lagos Assembly has 40 lawmakers out of which 37 are men. How come it is the wives of 20 that were taken for that controversial event? That money could not have been included in the budget. I don’t believe the wives even travelled but the money was just transferred to them.”
He called on anti-corruption agencies to investigate the trip.
Suraju said, “Constitutionally, it is inappropriate; these are not members of the parliament.
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