LOCAL GOVERNMENT FINANCIAL AUTONOMY: THE BEST WAY TO CELEBRATE AFRICA ANTI-CORRUPTION DAY.
The Centre for Anti-corruption and Open Leadership, CACOL, has congratulated President Bola Ahmed Tinubu for securing The Supreme Court judgment affirming the financial autonomy of Nigeria’s 774 local governments noting that it is a right step in his attempt at delivering his party’s promise of restructuring the country.
In a release issued by CACOL and signed by Tola Oresanwo, the anti-corruption organization’s Director, Administration and Programmes on behalf of its Chairman, Mr. Debo Adeniran, he stated, “It would be recalled that the Attorney General of the Federation, Lateef Fagbemi (SAN), filed a lawsuit on behalf of the Federal Government, seeking to grant full autonomy and direct funding to all 774 local government councils in the country. We are delighted by the news that the Supreme Court has finally declared that it is unconstitutional for state governors to hold funds allocated for local government administrations.”
We viewed the landmark judgment as the best gift given to Nigeria and Nigerians even as the whole of Africa marks the Africa Anti-Corruption Day with the theme: Effective Whistleblowers Protection Mechanism: A Critical Tool in the Fight Against Corruption.
It is a known fact the local government constitutes the most critical level of government in the move for sustainable national development. Over the years, national development has been canvassed to take off from the grassroots as the local government is widely known as a vital instrument for rural transformation and machinery for effective delivery of socio-economic services to the grassroots people.
It is our belief that local government fiscal autonomy would promote peace and security in the country, because the people at rural communities understand their terrain better and know how to deploy resources towards tackling security challenges. It would also allow steady development that had been stifled at the local government level to be revitalized thereby delivering optimal dividends of democracy to the grassroots people.
Moreover, it is generally believed that local authorities play key roles towards nation building, but unfortunately the third tier of government had over time been neglected and undervalued. This Supreme Court judgment granting financial autonomy to local government is a step in the right direction and we hope it would play a significant role in strengthening grassroots administration in the country.
Granting financial autonomy is a path to toe going by its ability to curb corruption and opaqueness in government. Since local government are the closest link to members of the grassroots who are supposed to elect their representatives that would govern them, it is expected that the people would now beam their searchlights on the activities of the local government administrations, when they “see something, they would say something” thereby serving as whistleblowers. The local authorities also would not have any excuse for non-performance of their statutory roles since they are now the direct recipients of their funds from the federation account.
Mr. Debo Adeniran further said “We at CACOL would therefore like to commend the Supreme Court for this landmark judgment. We have posited on several occasions that state governments should be scrapped. This is because they are meddlesome interlopers in the governing arrangement in the country. The state governments have been using the instrumentality of the Joint Account Allocation Committee (JAAC) to steal from the local government funds. The Federal and Local Government Authorities are more than enough to manage the country effectively. We would also like to use this medium to make known our support for any move that is backed by law to strengthen the local government and give it the needed autonomy for it to deliver the dividends of democracy to the people.
Comments Off on ‘CLEARING THE AUGEAN STABLE OF THE CENTRAL BANK OF NIGERIA – AN IMPERATIVE FOR OUR SOCIO-ECONOMIC ADVANCEMENT AND INDUSTRIAL DEVELOPMENT’
Since the removal of the erstwhile Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele by President Bola Ahmed Tinubu, GCFR, most Nigerians and critical players in the nation’s financial industry have renewed hope that the Government under his watch is determined to see through economic reform policies to heal the country’s ailing economy and bring us out the present economic duodenum. It is trite to emphasize that the CBN is strategic to actualising virtually all the set, reforms objectives of the government and the aspirations of the citizens for social reliefs from prevalent agonising economic pains, anguish, sufferings, and hardships the country is currently experiencing.
This task of cleansing the Central Bank’s Augean Stable is, however, extremely onerous especially when we consider revelations of illicit transactions, compromising sleaze, financial recklessness, and rudderless management in close to a decade reign of ex – Governor, Emefiele. This is why President Tinubu set up a Special Investigation Panel led by Jim Obazee to conduct a forensic audit of the account of the apex bank during the tenure of the former helmsman of the apex bank.
There are reports of clandestine as well as overt schemes by CBN cabals to frustrate the investigations of the Obazee led Investigation Panel. Preliminary reports filtering into the public domain, however, seem to show that there are lots of worms, maggots and poisonous vermis in the decadent cans of the CBN. Many top management officers of the Bank have been fingered in the various financial malpractices during this period. The detention of the former Director of Finance of the Central Bank, Benjamin Fakunle by the Department of State Security Services, DSS is pursuant to a crafty attempt by Emefiele led management to cover its tracks with a suspicious Audit Report. Obazee Panel has fingered improprieties in the seven-year financial account audit of the Bank which is alleged to have deviated from globally recognised, International Financial Reporting Standards, IFRS. While Fakunle is also alleged to have paid a whooping N401 Million for the spurious audit document in violation of the Financial Reporting Council of Nigeria regulations.
This is just perhaps a tip of the iceberg of financial crimes committed by Emefiele led management team of the Central Bank. Most of which, with diligent investigations and prosecution constitute grave economic sabotage crimes against the nation and her citizens.
For us to comprehend the magnitude of the crimes committed by the CBN against the nation, we call into record the advisory of respected legal activist, Femi Falana, SAN to President Tinubu on empty federal treasury. Falana’s Low Hanging Fruits treaty offered a Twenty-Two (22) list of areas where the nation’s funds are cornered, awaiting the Federal Government’s summoning of requisite to access same. A former Editor of the PUNCH Newspapers, Bola Bolawole picked just Twelve (12) from Falana’s low hanging Fruits of the Federal Government’s Funds which an indolent, compromised Central Bank leadership left to fallow outside our national treasury. The sum total of these Twelve Items is N78 Trillion. Yet, President Buhari was busy borrowing to finance our annual National Budget of less than N22 Trillion!
If we just use the statistics of Mr. Femi Falana alone, it is clear that the resources of our great country in the hands of individuals, corporate cabals and even some compromised global institutions is sufficient enough for the government to address the infrastructural deficits afflicting the country. An Apex Bank that is up and doing in discharging its statutory responsibilities and patriotic duties would not have presided over a national economy that is prostrate, broke and insolvent. Funds that could have provided for social needs like sound transportation system – smooth road network, basic healthcare service, qualitative education for citizens, portable water, affordable housing, employment and security of lives and properties.
We unequivocally call on all anti-corruption agencies to beam their searchlights on the operations of the Central Bank and its principal management officials during this period to fully account for dereliction of their financial, fiduciary responsibilities to the country and citizens. We are confident that the funds outside our national coffers are sufficient to provide the necessary financial sinew to kick start Nigeria socio economic transformation and much vaunted technological-industrial advancement.
The Centre for Anti-Corruption and Open Leadership (CACOL) on behalf of the Civil Society Coalition Against Corruption yesterday in Lagos called on President Bola Ahmed Tinubu to graciously give assent to the Bill for an act to amend the Revenue Mobilisation Allocation and Fiscal Commission Act, CAP. R7 LFN 2010 to grant the commission enforcement powers in the monitoring of accruals to and disbursement of revenue from the Federation Account and bring the Act in conformity with the provisions of the 1999 Constitution (as Amended); and for other matters related therewith.
The Coalition which made the appeal in a statement issued to media houses in Lagos, and signed by Comrade Debo Adeniran the Chairman of CACOL, recalled that the 9th Assembly at the twilight of the last administration had graciously and expeditiously passed the Bill that will give the beleaguered Commission a new lease of life which is awaiting President Bola Ahmed Tinubu’s assent.
According to the statement, the Bill as passed by the National Assembly prescribes that the Commission shall be wholly funded by the three tiers of government being beneficiaries of the Federation Account.
The Statement laments that as one of the fourteen (14) Executive Bodies recognized by the Constitution, RMAFC is one of the most poorly funded Agencies compared to other sister Constitutional bodies like Independent National Electoral Commission (INEC), National Population Commission, National Assembly and others that are heavily funded from the national purse.
The Revenue Mobilization Allocation and Fiscal Commission (RMAFC) is one of the Executive bodies established by the 1999 Constitution of the Federal Republic of Nigeria (As Amended). Amongst its fundamental powers and functions are;
To monitor the accruals of federally-generated revenues to the Federation Account and disburse same to the three tiers of government;
Review from time to time, the Revenue Allocation formulae and principles in operation to ensure conformity with changing realities,
Determine remuneration packages appropriate for political, public and judicial office holders as well as
Advise governments at all levels on ways to improve their internally-generated revenues.
They opined that, the important role the Commission plays in the nation’s political economy through statutory allocation of revenue via an equitable revenue sharing formula to the three tiers of government and fixing remuneration for public, political and judicial office holders at all levels of government has enormously contributed to the democratization process, thus encouraging good governance, transparency and accountability and even development in the country.
The Chairman of the Coalition Debo Adeniran noted that “the review process of the above exercises involves extensive and in-depth research and studies in various areas of our political economy, call for memoranda, consultations, sensitization workshops, collection and collation of data, studies of other similar Federations in respect of fiscal arrangements, public hearings and administration of questionnaires which involves huge expenditure”
“These exercises normally take the Commission to all the 36 states of the Federation and the FCT, as well as the 774 Local Council across the country to sensitize Nigerians to make input into the review process”.
“In the area of reducing revenue leakages and enhancing revenue generation, the Commission, has succeeded in expanding the sources of revenue to the Federation Account through the recoveries of hundreds of billions in the recent past”.
“It is gratifying to note that in order to ensure synergy in revenue generation, remittance and monitoring, the Commission also continues to engage critical stakeholders like the Federal Ministry of Industry, Trade and Investment, the Customs Service, Federal Inland Revenue Service, NNPC and its subsidiaries and the Central Bank of Nigeria to strategize on how to reduce revenue loss through indiscriminate granting of waivers and tax holidays”.
The coalition explained in the Statement that one of the major challenges faced by the Commission is the absence of financial autonomy and weak regulatory framework which directly hinders the effective and efficient performance of its operations with annual budgetary allocations for the financing of its activities over the years being grossly inadequate as to protect its independence and cater for its nationwide field operations. The sensitive nature of the Commission’s role in Nigeria’s Fiscal management requires a large measure of independence including financial autonomy.
The Coalition also noted with dismay that, while the Commission continues to discharge its constitutional responsibilities assiduously with little resources, workers and their chief executives in the various revenue generating Agencies it supervises, luxuriate in humungous salaries and allowances driving state-of-the-art cars as official vehicles, working in spacious and well-equipped offices and attending conferences, seminars and retreat abroad all at the tax payers expenses.
“In all honesty, how do you expect RMAFC to effectively monitor those Agencies without being ridiculed given the impoverished working conditions of their staff, how can the Commission attract top rate graduates and experienced hands like those in the MDAs they are supposed to oversight, how can they deploy top-notch ICT infrastructure like those obtained in FIRS, Customs, and NNPCL?”
“It is maladroit to expect a poorly funded organization with ill-motivated staff to perform supervisory functions on well-funded agencies whose staff are adequately remunerated and highly motivated”.
The Statement stressed that in view of the overriding importance of RMAFC’s role in stabilizing the nation’s political and socio-economic development since inception, there is the need to adequately fund the Commission through increased budgetary allocation and placement on first line charge so as to enable it to effectively supervise revenue generating agencies such as FIRS, NNPCL, Customs as well as carry out its other constitutional duties.
“The only viable option that will put the Commission on a strong financial pedestal is if Mr. President appends his golden signature on the new Bill placed on his table”.
The Coalition also expressed optimism that the Bill when eventually signed by Mr. President will reposition the Commission by giving it the needed impetus to perform optimally with the removal of financial, legal and regulatory encumbrances that hitherto made it a toothless bulldog that can only bark but not bite.
“While it is apt to note that PBAT does not waste time in signing Bills into law provided they serve the peoples’ best interest as demonstrated in his first few weeks of assumption of power, it is equally concerning that the RMAFC Bill is still in Mr. President’s incoming tray awaiting his final assent”.
In order to expedite action for the Bill to see the light of the day, it also called on other critical stakeholders like the National Economic Council, the Nigeria Governors’ Forum, ALGON and the Media to bring their influence to bear on the Presidency to do the needful.
“It is our strong belief that the signing of the Bill into law by Mr. President will translate to stoppage of leakages in revenue generation, increase more revenues into the Federation Account and generally promote transparency and accountability in the management of our Commonwealth in consonance with President Bola Ahmed Tinubu’s Renewed Hope mantra. A stitch in time saves nine”.
The Centre for Anti-Corruption and Open Leadership, CACOL, has asked the President of the country to shed more light on his request for N500bn to be used to provide palliatives for Nigerians following the removal of petrol subsidy announced during his inaugural address on May 29, 2023, in response to claims that the subsidy regime favoured the rich more than the average Nigerians, among other reasons.
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In a release issued by the organization’s Director of Administration and Programmes, Tola Oresanwo on behalf of Mr. Debo Adeniran, CACOL’s Chairman, he noted, “It would be recalled that President Tinubu’s request was contained in a letter sent to the National Assembly and read during plenary by the Speaker of the House of Representatives, Tajudeen Abbas. In his letter, the President proposed an amendment to the 2022 Supplementary Appropriation Act, saying “The request has become necessarily important to, among other things, the source for funds necessary to provide palliatives to mitigate the effect of the removal of fuel subsidy on Nigerians. Thus, the sum of N500bn only has been extracted from the 2022 Supplementary Act of N819,536,937,815 for the provision of palliative to cushion the effect of petrol subsidy removal.”
According to the CACOL’s boss, “We believe Nigerians need to know more about the N500bn the President is requesting. He should make the details of how the money would be spent more clearly to the average Nigerian. Inasmuch as we are not against the provision of palliatives for Nigerians who have been negatively affected by the removal of the fuel subsidy, we are calling on the President to reveal the details of how the money will be spent”.
In a country where a humongous amount of money had been expended in the past years majorly on palliatives and the low number of people that benefitted from the said palliatives, it will be unthinkable for this administration to follow the part of the past administrations.
We are all living witnesses to the way and manner some foodstuffs that were meant to serve as palliatives for Nigerians were locked up in warehouses across the country by some greedy and selfish people in power at the detriment of pauperized, traumatized and famished Nigerians during the COVID-19 pandemic.
To avoid the mistakes of the past administrations, the Tinubu-led government should publicize how it intends to spend the money, the names and locations of the beneficiaries, the modalities for disbursing the money and the conditions attached to the disbursement (if any), and other details that would set the minds of Nigerians at peace knowing fully well that the money would be used as planned”.
The CACOL Head adds, “Moreover, we observe that even if the names of those to benefit in the conditional cash transfer or whatever method the government wants to use to disburse the N500bn are published, the money may not impact significantly on the livelihood of the beneficiaries. If any palliative would be given, it should reflect in the cost of macro-economic products like petroleum but since the argument is that if petroleum is cheaper, it will be smuggled out of the country, then the palliative can be used to subsidize electricity, since it is not likely that electricity would be smuggled out of the country. It can also be used to subsidize the cost of building materials or telephony thereby having a direct impact on affordable housing and communication among the people. Reduction in prices of these products will affect everybody rather than selective conditional transfer to some privileged few that has been done in the past and nobody has openly acknowledged that it impacted positively on their lives”.
BAWA’S INDEFINITE SUSPENSION: CACOL COMMENDS PRESIDENT TINUBU.
The Centre for Anti-Corruption and Open Leadership, CACOL, hashailed President Bola Tinubu for approving the indefinite suspension of the Chairman, Economic and Financial Crimes Commission, AbdulRasheed Bawa, from office.
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 was reported that President Bola Ahmed Tinubu has indefinitely suspended the Chairman, Economic and Financial Crimes Commission, AbdulRasheed Bawa, from office, to allow for a thorough investigation into his conduct while in office following “weighty allegations” of abuse of office against him.
The suspension of the Chairman, Economic and Financial Crimes Commission, AbdulRasheed Bawa, from office is a welcome development that is long overdue due to the sensitive nature of his office. We had earlier joined other Civil Society Organisations to call on the immediate Past President, Muhammadu Buhari to relieve Bawa of his appointment in order to allow for thorough investigations of allegations leveled against him.
It should be noted that we wrote the Senate not to confirm him based on the allegations leveled against him when he headed the Port Harcourt office of the anti-graft agency but the Attorney General smuggled him in and got the National Assembly to confirm him. Moreover, because of the way and manner the immediate past Acting Chairman of the agency, Ibrahim Magu was eased out of EFCC, we opined that Magu was yet to be removed from the office permanently and that he was still the Acting Chairman of the agency. So by this action coming from the President, we have been vindicated as we have opposed Bawa’s nomination from the beginning.
“It must also be noted clearly, that we are not opposed to the commission’s mandate to fight corruption, but we are opposed to the seeming politicization of the agency under Mr. Bawa, its clear fixation on certain individuals in society, needless media trial, alleged corruption within the agency, and the manner in which EFCC officials act above the law by corrupting our judicial processes with impunity.
“We therefore commend President Bola Tinubu for heeding to the yearnings of the people by taking drastic action which the past administration found too difficult to take. This singular action by the President would send a note of warning to all other holding one position of authority or the other that they can be called to give account of their stewardship at any time.
“We would like to advise that the selection of the next Chairman of the Commission should be based on merit and political consideration should be downplayed. This will allow the agency to function and discharge its duties without fear or favour. The good work of fighting corruption to standstill by the agency should also be supported by the government”
The Centre for Anti-Corruption and Open Leadership, CACOL, has called on anti-corruption agencies, National Judicial Council and the Presidency to urgently set machineries in motion to investigate Senator Adamu Muhammad Bulkachuwa over his statement that he obtained favours from his wife on behalf of his fellow senators.
In a release issued by CACOL and signed by TolaOresanwo, the anti-corruption organization’s Director of Administration and Programmes, on behalf of its Chairman, Mr. Debo Adeniran, he stated, “It would be recalled that Adamu Muhammad Bulkachuwa, the current senator representing Bauchi North senatorial districtin a video clip which surfaced yesterday, spoke at the valedictory session of the Ninth Senate. Bulkachuwa claimed that he encroached on his wife’s (ZainabBulkachuwa, a retired Justice of the Appeal Court) “freedom and independence” in the course of her official duties as head of the second highest judicial office in Nigeria.
“We watched the video which has gone viral and we were aghast that a serving Senator could condescend so low to the extent of currying unmerited favouron behalf of his colleagues from his wife who was privileged to be in a position of judicial authority. More alarming is the fact that the Senator has the boldness, audacity and temerity to come out in the presence of the press to confess his ‘many sins’ to the Nigerian state. This shows the level of impunity being exhibited by our so called representatives of the people.
Since Senator Adamu Muhammad Bulkachuwa has dramatically blown his own whistle, he has finally confirmed the reason why so many Nigerians have lost faith in the judiciary. Can we say all the cases his wife handled during her days on the bench are dispensed without fear or favour? The Senator’s statements in the viral video shows that corruption in high places is on the increase in the country and drastic measures must be taken to stem the tide. The President should not overlook this serious infraction committed by a person who is supposed to know and protect the laws of the land. It is one anomaly that shows the rot not only in the judiciary but in virtually every arms of government.
The anti-graft czar added, “Considering the strategic and critical role of the legislative and judicial arm of government, we believe people like Senator Adamu Muhammad Bulkachuwa, are not worthy in character and personality to represent any particular group of people in the country. We therefore call on Anti-corruption Agencies, the National Judicial Council and the presidency to swing into action and immediately investigate the claim by the Senator. He and his wife should be quizzed to determine the cases he intervened in and correction or redress should be made in those cases while he along with his wife should be appropriately punished to serve as deterrent to others.
N910BN MDAs SHORT-TERM LOANS: CACOL CALLS FOR URGENT RECOVERY
The Centre for Anti-Corruption and Open Leadership, CACOL, has called on the Accountant-General of the federation to urgently recover short-term loans it advanced federal ministries, departments and agencies from the Special Funds Accounts totaling N910 billion.
In a release issued by CACOL and signed by Tola Oresanwo, the anti-corruption organization’s Director, Administration and Programmes on behalf of its Chairman, Mr. Debo Adeniran, he stated, “We received the news that the Senate Public Accounts Committee (SPAC) chaired by Senator Mathew Urhoghide, which scrutinized the 2017 report of the Auditor General for the Federation discovered the anomaly. According to the Auditor General of the Federation (AuGF), query, loans and debts arising from Special Funds Accounts totaling N910,039,557,742 showed that the balances remained unpaid throughout the year even when they were meant to be short term”.
“It should be noted that the Committee observed that there was a continuous abuse of the Special Funds by the Executive arm of government as the withdrawals were continually made for political expediency outside the purpose which the funds were meant for. The Senate therefore ordered that all outstanding loans should be recovered by the Accountant General of the Federation and evidence of recovery presented to the Auditor General and Senate Public Accounts Committee within 60 days”.
The anti-corruption Czar opined that “It is disheartening and demoralizing how public funds are being mismanaged by the management of most of the MDAs. Inasmuch as we are not against giving out such loans based on the exigencies of the time and paucity of funds that may arise occasionally, the office of the Accountant General ought to have scrutinized the purpose for which these short term loans were sought before giving it out to the MDAs concern. There ought to be concrete arrangements for repayment of the loans and penalties that payment default would attract ought to be made crystal clear for the MDAs concern to know before giving them these loans. In case of default, the loans ought to be deducted from the appropriation to the MDA concerned in the following year’s budget.
“As we have said earlier, we have observed that there have not been serious punishment for impunities like this hence civil servants and public officials who were supposed to hold their position in trust for the members of the public and the generality of Nigerians engaged in financial recklessness knowing fully well that there will not be backlash for their actions. This trend is not peculiar to the MDAs only, as both the 1999 Nigerian Constitution (as amended) and other existing financial laws are either inadequate or contradictory in addressing modern challenges posed by corruption in the country”.
The CACOL Boss further enthused, “We want to commend the Senate Public Accounts Committee for investigating the whereabouts of this huge sum of money and for giving a marching order that all outstanding loans should be recovered by the Accountant General of the Federation and evidence of recovery presented to the Auditor General and Senate Public Accounts Committee within 60 days. We would also want them to go beyond this order and ensure that all MDAs that defaulted in paying back these loans are published, the amount being owed should also be deducted from their next appropriation and their management should be made to face the full wrath of the law in order to serve as deterrent for others.”
The Centre for Anti-Corruption and Open Leadership, CACOL, has enjoined Nigerians to remain calm in the midst of current challenges facing the nation even as the nation prepares for the forthcoming elections.
In a release issued by CACOL and signed by Tola Oresanwo, the anti-corruption organization’s Director, Administration and Programmes on behalf of its Chairman, Mr. Debo Adeniran, stated that, “It would be recalled that the we have few days left before the presidential and parliamentary elections in Nigeria, It will be the largest democratic exercise on the continent as Africa’s most populous nation picks a new president. The election, as important as it is, would take place even as the country battles myriad economic and security problems that range from fuel and cash shortages to rising terror attacks, high inflation, and a plummeting local currency.”
Inasmuch as we would like to commend the Independent National Electoral Commission (INEC) for its efforts to ensure a credible election through the adoption of innovative technologies such as the Bimodal Voter Accreditation System (BVAS) we cannot but express concern about existing predicaments like logistical difficulties of fuel and cash scarcity that could impact the integrity of the elections.
We all know that Fuel shortages and scarcity of the newly redesigned local currency have stirred violent protests in parts of Nigeria as millions of people struggle to get their hands on new versions of banknotes. The rising security concerns and frequent attacks on INEC facilities in the country is a challenge to the safety of voters and the integrity of the forthcoming election which is poised to become a seminal moment in the country’s political history.
We at CACOL would like to use this medium to call on all stakeholders with one thing or the other to do with the upcoming elections to put in their best so that we can have free, fair, and transparent elections. We would also like to call on the citizens to remain calm and allow the government to fix the myriads of problems bedeviling the country.
The CACOL Boss added, “To the contestants to various elective positions, we want them to know that they can only represent the people in an atmosphere of peace and tranquility, we need peaceful elections to give democracy a boost in the country, hence the need for all the candidates, the party chairmen and members of all political parties, to respect the voice of Nigerians and embraced the politics of peace.”
CACOL COMMENDS PRESIDENT BUHARI FOR SIGNING THE BUSINESS FACILITATION BILL INTO LAW.
The Centre for Anti-Corruption and Open Leadership, CACOL, hashailed President Muhammadu Buhari for signing the business facilitation bill into law.
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 was reported that the President has assented to the Business Facilitation (Miscellaneous Provisions) Bill 2022 also known as the omnibus bill and five other bills passed by the National Assembly.
Presented as an executive bill, the business facilitation (miscellaneous provisions) act, 2023, is a legislative intervention by The Presidential Enabling Business Environment Council (PEBEC), which amends 21 business-related laws, removing bureaucratic constraints to doing business in Nigeria.
The new law also codifies executive order 001 on transparency and efficiency in public service delivery, aimed at strengthening ease of doing business reforms across the country.
The CACOL Chair opined that “we hope the signing of this bill into law will mark a turning point for ease of doing business, transparency, efficiency and productivity in the country. We all know that the country has been known for various bureaucratic bottlenecks when it comes to running a business, which has impeded so many entrepreneurs who would have established businesses that would thrive and absorb the teeming numbers of jobless youth in the country.”
“We therefore commend the 9th national assembly for its speedy consideration of this bill, and President Buhari for signing it into law as this singular action would boost the delivery of an enabling environment for micro, small and medium-sized enterprises (MSMEs) in Nigeria.”
“Ease of doing business will reduce the propensity to demand and give bribes before things are done. We also believe that when people have direct access to their own business, and they can do their business and make profits, the penchant to get involved in corruption will be reduced”
“We have always opined that if there were enabling laws, policies and a strong will to implement those laws, corrupt practices, and opacity in the business environment would be easily nipped in the bud.”
PRESS BRIEFING ON THE STATE OF THE NATION ORGANIZED BY THE CENTRE FOR ANTI-CORRUPTION AND OPEN LEADERSHIP (CACOL) AS PART OF THE PROJECT ON PRIORITIZING ANTI-CORRUPTION AND ACCOUNTABILITY ISSUES DURING THE UPCOMING 2023 ELECTIONS IN NIGERIA HELD ON TUESDAY 31st January 2023.
Gentlemen of the Press, you’re welcome to today’s Press briefing.
CACOL 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 and non-profit organization. The Centre is a national organization with membership across the 36 states of the Federation.
We are all aware that the nation is confronted with some challenges that we believe are not too difficult to solve with collective will. It is rather unfortunate that corruption is at the root of most of these challenges.
INSECURITY
Insecurity is a major concern for everybody in Nigeria and this has created a lot of fear and uncertainty in the society. Every region in the country is battling with various challenges of insecurity which include the activities of Boko Haram in which millions of lives have been lost and the increasing cases of kidnapping. In the last eighteen years, the Federal Government earmarked not less than N10 trillion for the defense of the territorial integrity and internal security of the nation. Recently, President Muhammadu Buhari said his administration spent over one billion dollar on military equipment to recover territories in the North-East captured by Boko Haram. The various state governments equally allocated hundreds of billions of Naira to maintain law and order.
In fact, individual citizens and communities pay levies and salaries to young men and women engaged to secure them and their properties. In spite of the huge funds spent on security, it is common knowledge that the country is currently grappling with the menace of kidnapping, hostage taking, terrorism and armed robbery. We still remember how some terrorists attacked an Abuja-Kaduna passenger train on March 28, 2022, in which about 14 persons were killed and 63 officially declared abducted. Although all the abducted victims of the Abuja-Kaduna train attack were later released, over six billion naira was allegedly paid to the terrorists to set most of their captives free.
On Saturday, 7th of January, this year, no fewer than 31 passengers and staff of the Nigerian Railway Corporation (NRC) were abducted by gunmen at the Igueben train sub-station in Edo State, while several passengers were injured.
The deficiencies in regular security forces and shortage of personnel have led to upsurge of private security outfits. These security entities are hired by banks, oil companies, educational institutions and hospitality businesses to fortify corporate security arrangements. There is no gainsaying that Nigeria has formidable security challenge as insecurity is reported daily in electronic, print and social media.
We believe that high level of insecurity leads to low life expectancy rate, low level of development in education and low investment in economy to promote sound economic growth and development as a result of absence of local and foreign investments that cannot operate in an unsecured environment.
With the lingering security challenges and the inability of the security apparatus of the government to guarantee safety and security of lives and properties in the country, the question that borders everyone in Nigeria today is “can there be security?” Is security of lives and properties achievable now? Is there a safe haven anywhere in the country? Despite huge budgetary allocations to security and subsequent establishment of various units under the various security agencies to control the activities of criminals, armed banditry, kidnapping, child rape, ritual killings and food insecurity are still the order of the day.
ECONOMY
At the start of 2022, Nigerians hoped that, with less than two years to the end of
President Muhammadu Buhari’s administration, the government would ramp up its efforts to reduce poverty and unemployment among the populace. In his 2022 New Year message to Nigerians, Buhari was effusive about his intention to secure the country and address its socio-economic challenges.
The National Bureau of Statistics (NBS) recently released the highly anticipated multidimensional poverty report. The report put Nigeria’s poverty index at 0.257, with about 133 million people being multi-dimensionally poor. Sokoto, Bayelsa, and Jigawa States led the list of states in Nigeria with the highest multidimensional poverty index, having an aggregate of 14.18 million impoverished people.
Factors such as healthcare, food insecurity, education, nutrition, and access to cooking fuel contributed the most to the national poverty index. According to the NBS, over half of the Nigerian populace is multi-dimensionally poor and deprived of cooking fuel.
The highlights: 65% of the poor people in Nigeria, which translates to 86 million, live in the Northern part of the country, while 35% (47 million) live in the southern part.
Nigeria has been grappling with high cost of living, which has further widened the gap between the rich and the poor, seeing many more Nigerians fall below the poverty line. This calls for serious concern even as we are now in an election year and most politicians are either vigorously campaigning to win election or supporting their preferred candidates to win while ignoring these pressing issues.
Although the Nigerian economy rebounded after the difficult years of COVID-19, growing 3.5% in the first three quarters of 2022, the recovery has wrought more hardship on Nigerians. This is because the main drivers of growth in Nigeria – oil production and services – don’t usually benefit most Nigerians in terms of jobs and business opportunities. The country’s inflation rate increased to 21% in 2022, compared with an average of 10.6% for emerging and developing economies and 8.8% for the world. This level of economic hardship could present further risks to Nigeria’s security.
Young people have had it worst. Youth unemployment is 43%. It was below 10% prior to Buhari’s administration in 2015. University students were forced to stay at home for nine months during the prolonged strike by the Academic Staff Union of Nigerian Universities. Till now, the rift between the government and ASSU has not been laid to rest.
The year 2022 has also been unkind to poor and unemployed Nigerians. Rising inflation has raised the cost of living and pushed many into poverty. Because over half of Nigeria’s inflation is driven by rising food prices, many poor individuals and families face hunger. The risk of hunger has been heightened by the recent flooding in many parts of Nigeria, which saw over a million people lose their homes and means of livelihood.
With no insurance, social protection and other safety nets, most of these Nigerians are left to fend for themselves.
Subsidy Regime
While 2022 will be remembered as a very difficult year for youths, workers and the poor, the cabal that controls the Nigerian oil industry were having a field day. Buhari promised to end the corruption-infested oil subsidy, but this cabal secured a postponement. Nigeria spent an estimated US$9.6 billion on the fuel subsidy in 2022. This is expected to exceed $16 billion in 2023.
A greater percentage of the subsidy is likely to fraudulently end up in the bank accounts of the oil cabal. The same cabal has resorted to illegal bunkering and outright theft of oil from the pipelines. Nigeria lost $2 billion to oil theft between January and August 2022. This is about 5% of its 2021 petroleum export of $41.4 billion. Not to be outdone by the oil cabal, former Niger Delta militants now share in the oil largesse. The Buhari administration has awarded them over $100 million (48 billion naira) in contracts to “secure” the country’s oil infrastructure.
Never mind that the government has deployed thousands of government-paid security operatives whose job is to do exactly what the militants are being contracted for.
Political elites continue to live in opulence.
Despite the country’s fiscal challenges, members of the National Assembly have continued to receive their allowances and funds for constituency projects.
Following steep depreciation in the naira, currency speculators have had a field day. The naira plunged by 4% in the official market during the year and by almost 20% in the parallel market.
This has posed significant challenges for manufacturers, as import costs soar amid an acute scarcity of foreign exchange. It’s harder for manufacturers to buy raw materials and expand production. The result is a further decline in their ability to generate well-paid jobs.
CORRUPTION
Granted that corruption is a global menace. Still, it is quite prevalent in African countries, Nigeria included. For many years, Nigeria has earned a considerable sum of money from its natural resources, such as gas and oil, with a considerable portion going down the cesspool created by corruption. Basically, a considerable portion of the money the country earns finds its way into the pockets of a few, leaving millions impoverished.
As a result of corrupt leaders, Nigerian society has gradually become more and more corrupt. There are numerous institutions and departments where one cannot be served without parting with a bribe. This has made the menace one of the biggest problems facing Nigeria today.
The ranking by the global anti-corruption coalition, Transparency International (TI) of Nigeria as a country in which the corruption phenomenon is worsening should not present a surprise to keen watchers and followers of events in the country. The high economic and social instability pervading the polity surely are patent proofs that all is not well, as most of the situations bloom from corrupt practices. Indeed, the persistent refusal of governments at all levels to prune spending, avoid wasteful expenditure and focus only on projects of value to the greatest number have been attributed to corruption. The result is the very poor state of the country in all ramifications.
Rising insecurity, ethnic cleansing and unemployment are still blamed on corruption. Moreover, systemic failure in healthcare delivery and leadership failure has been found to be engendered by corrupt practices.
Corruption is hindering the country’s development, economic prosperity and it is responsible for deepening poverty in Nigeria. Corruption is gradually destroying the country and we would like to use this medium to call on the government and those aspiring for political offices to make known their anti-corruption stance as most of them have been stylishly silent on this important issue.
It should be noted that Nigeria has once again scored 24 out of 100 points while ranking 150 among 180 countries on the 2022 Corruption Perception Index (CPI) released by Transparency International on Tuesday. Although the country maintained its previous year’s (2021) score of 24 out of 100 points, there was a change in rank from 154 to 150, in the newly released index. The CPI is Transparency International’s tool for measuring the level of corruption in the systems of the 180 countries across the world, based on certain prevalent indices. Such indices are bribery, diversion of public funds, public officials using public office for private gain without consequences, ability of governments to contain corruption and enforce effective integrity mechanisms in the public sector, red tape and excessive bureaucratic burden which may increase opportunities for corruption, meritocratic versus nepotistic appointments in the civil service.
NEW NAIRA POLICY/CASH WITHDRAWAL LIMIT
While it is desirable to get all bankable individuals and businesses into the banking system and promote the cashless policy of the CBN, the timing without adequate preparation and sensitization of the critical mass that drives the economy (the SMEs and MSMEs) could prove counter-productive and further drive many below the poverty line. This is another classical example of the inconsistencies and misalignments between the fiscal and monetary policies of the Government. It is absurd to blatantly set traps of processing fees for individuals and businesses who desire to withdraw their hard-earned money from the bank for legitimate and genuine business transactions. It is also important to note that the banking infrastructure and mobile/digital facility to drive the cashless policy are not sufficiently developed. This is not only draconian but also inhuman. Inadequate information sharing/dissemination by the CBN Governor also created unnecessary panic among the banking public.
We would like to make it clear that the CBN and indeed, the Federal Government should replicate the energy and promptness used in implementing this policy to address the issues of dwindling value of the Naira, rising inflation, oil theft, ballooning foreign debt, and get millions out of poverty realm. While Nigerians businesses are groaning under the burden created by not-well-thought-out Government policies, more misery should not be placed on them.
In formulating and executing monetary policy, the governor of CBN is required to make proposals to the president of the federal republic of Nigeria who has the final power to accept or amend such proposals. It is after the presidency has approved it that the CBN’s monetary policy proposals are made as an integral part of the federal government annual budget which combines to approve monetary policy.
The aim of monetary policy may be to check inflation or to stimulate production to aid recovery from a recession. The method adopted to achieve the designed aim is through changes in the monetary supply. A policy aiming at increasing the quantity of money is inflationary, and one that aims at a contradiction of the supply of money is deflationary.
Monetary policy is mainly the concern of the central bank, but the consequences of monetary policy can be so far-reaching for the whole country that no modern government can leave the choice of policy design to its central bank. The inconsistencies in policy implementation have led us to where we are today.
MARWA’S DRUG WAR
We would like to commend the vigour that Brig. Gen. Mohamed Buba Marwa (Retd) brought into the drug war in the country. Marwa’s leadership at NDLEA has changed the country’s drug war narrative both locally and internationally. While NDLEA was becoming a shadow of its former self, during the past years, it is now visible and glaring to all Nigerians that the NDLEA is not only barking but equally biting deep, drug barons and dealers that have for years remained invincible and untouchable. Marwa’s tireless efforts against drug abuse and trafficking of illicit substances are exceptionally commendable. We would like to use this medium to call on all the arms of government to support Marwa and the Agency to succeed in making Nigeria a drug free country.
Nigeria’s 2023 Elections
With dates for the 2023 general elections now set by the Independent National Electoral Commission (INEC) – the presidential and National Assembly poll is set for February 25 and governorship and other subnational elections are scheduled for March 11 – the countdown is well underway for what will be the seventh consecutive elections since the return to democracy in 1999. This represents 23 years of unbroken democracy; the longest period in the country’s history.
The 2023 elections will be conducted under a new electoral framework, the Electoral Act 2022. The Act allows INEC to review results made under duress or financial inducement, extends the time for campaigns from 90 to 150 days, and provides for the use of technology to determine the mode of voting and transmission of results. Pundits believe these measures can help manage situations where inaccurate results are returned, expand the opportunity for politicians to visit the nooks and crannies of the country if they so desire and cure the chaotic, vulnerable manipulation and unnecessarily opaque process of aggregating results.
However, instead of reducing the role of money in politics, the Act has increased the campaign finance limit from N1 billion to N5 billion for presidential candidates. The ceiling for all other elected positions have also been increased fivefold, but without any efforts to improve the scrutiny of compliance limits, they are still likely to be exceeded.
The 2023 elections will be some of the most challenging to conduct in Nigeria as the country battles nodes of complex insecurity. The Boko Haram conflict that defined the 2015 election is yet to be quelled, and with bandits operating across the North-West, violent secessionist agitation spiraling in the South-East and farmer-herder clashes ongoing across the country, the 2023 election is set to take place amidst nationwide insecurity. The June 5 attack on a church in relatively stable Ondo State, in South-West Nigeria, which saw more than 50 people killed, was a stark reminder of the insecurity challenges that will make the safety of election materials and personnel a major challenge for INEC.
INEC has also expressed concerns about deliberate attacks on its facilities in some states where materials meant for the elections were burnt. Within the space of three weeks, three attacks were carried out on INEC facilities in Ogun, Osun and Ebonyi states. Attacks on INEC’s facilities have become a recurring decimal in the Southeast geopolitical zone. Two days ago, it was reported that some yet-to-be-identified assailants attacked the office of the Independent National Electoral Commission at Ojoto, in the Idemili South Local Government Area of Anambra State.
The Commission lamented that incessant attacks on its facilities might cause hitches in operations, saying, though there are no casualties, quite a number of the materials acquired and delivered for the election have been lost. We hope these incessant attacks on INEC’s facilities would stop so as not to affect the upcoming elections.
We are particularly happy that there is a high degree of interest in voting in the 2023 general elections as 79 percent of registered voters in Nigeria have successfully picked up their Permanent Voter Cards (PVCs) as of Dec. 22, according to a new survey by SBM Intelligence published by Business Day of January 5, 2023.
SBM Intelligence said 6,588 voters were surveyed in 16 states across the country midway into the PVC collection timetable issued by Independent National Electoral Commission (INEC) to ascertain how Nigerians who desired to vote and who have completed the Continuous Voter Registration (CVR) process were faring with regards to the collection. The study shows that there is a very high degree of interest in voting in the 2023 elections and amongst those who desire to vote, 94 percent of them went ahead to complete the CVR and 90 percent have tried to get their PVCs, even if they have had to visit up to six times to do so.
Osun State Governorship Election Tribunal Judgment
On the judgment of the Osun State Governorship Election Tribunal which declared Alhaji Adegboyega Oyetola of the All Progressives Congress, APC as the winner of the July 16 governorship election, we commend members of the Tribunal for being professional, upright and just despite the enormous pressure they were under. The ruling of the Tribunal would help deepen Nigeria’s electoral system and democracy.
We however, urged those who are not satisfied with the judgment not to resort to violence but remain calm and allow law run its full course.
As an Anti-Corruption group, we are calling on INEC to take lessons from the petition of the APC and the outcome of the Tribunal, especially as it prepares for the conduct of the forthcoming general elections. It is important for the electoral body to note the irregularities pointed out in the judgment of the Tribunal and ensure that such anomalies do not recur in the February 25 Presidential and National Assembly elections as well as the Governorship and State Assemblies elections on March 11, 2023.
We cannot conclude this briefing without noting the recent admission by the Osun Resident Electoral Commission, Mutiu Agbokethat Bimodal Voters Accreditation System (BVAS) helped to reveal overvoting during the Osun elections. Agboke explained that BVAS helped INEC to expose those who carried out over-voting on the election day during the Osun guber polls. According to him, people were able to do overvoting because they deliberately bypass the BVAS. The politicians in connivance with INEC staff deliberately bypassed the BVAS; it was this BVAS that exposed overvoting during Osun Election. We would like to call on INEC to ensure that all these gaps are covered before, during and after the general elections so that the votes of the people can really count.
RECOMMENDATIONS
Based on our experiences, we want to recommend as follows:
There is need for increase sensitization on Anti-Corruption and Accountability in Elections at the grassroots level.
The Media need to increase their reportage and investigations on Corruption and Accountability issues before, during and after Elections period to enhance political parties and their candidate to incorporate Anti-Corruption and Accountability issues in their Manifestos and Agenda.
There is an urgent need for anti-corruption campaigns to percolate down to the grassroots and even to the level of primary and tertiary institutions to stem the tide of rising cyber-crimes (A.K.A Yahoo Yahoo) among our youths.
Political Parties must be engaged to mainstream Anti-Corruption and Accountability into their manifestos and Activities.
There is an urgent need to amplify the voices of the people at the grassroots because most of them do not even have access to their elected representatives once they are sworn in.
Civil society groups should embark on massive civic awareness of the electorates on the dangers of corruption in electoral process and its impacts on their future
There is a need for more proactive measures by anti-corruption agencies in terms of timely investigation and prosecution of offenders. In the case of Lagos State, the State Public Complaints and Anti-Corruption agency had been silent for some months now. We have not heard anything about the Commission since the appointment of Justice Mojisola Olatoregun (rtd.) as Chairman of the anti-graft commission. Considering the level of corruption we have in our society today, one would have expected the Lagos State Public Complaints and Anti-Corruption agency to hit the ground running so as to reduce sharp practices in the state civil service. It would be gratifying if the Commission can come out to say there are no reported corruption related cases among the agencies and parastatals like LASEMA, LASSAA, LASTMA, etc
Need to increase citizen’s timely Voter Education and sensitization by both the electoral body and relevant stakeholders.
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