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The Diplomacy and Management of Official Corruption in Nigeria: Budget Padding as a Tip of the Iceberg
INTERNATIoNAL
Bola A. Akinterinwa
On May 10, 2016, the then British Prime Minister, David Cameron, discussed the issue of anti-corruption summit holding in the United Kingdom then with the late Queen Elisabeth II during a tête-à-tête at the Buckingham Palace, London, at an event organised to mark the Queen’s 90th birthday anniversary. Mr. Cameron told the Queen that ‘we’ve got some leaders of some fantastically corrupt countries coming to Britain… Nigeria and Afghanistan, possibly the two most corrupt countries in the world.’ President Muhammadu Buhari (PMB) expressed ‘shock’ and ‘embarrassment,’ while it was not a big deal for most Nigerians that were used to Nigeria’s systemic corruption. Why should PMB be shocked or embarrassed when it was a truism that in 2015, both Nigeria and Afghanistan were ranked 136th and 167th in the Transparency International’s 2015 Corruption Index?
Without any whiff of gainsaying, corruption in Nigeria is systemic and also dates back to 1967. Professor J.S. Cookey noted in his Political Bureau’s Report in 1987 that societal corruption and indiscipline dated back to 20 years ago, that is, in 1967. Since 1967, Nigerians have been grappling with this societal indiscipline to no avail. Even when this social ill was recognized by PMB in 2016 and he promised to fight tooth and nail the ills, media reports have it that many PMB’s Ministers are now secretly refunding under compulsion their ill-gotten funds to Government. Secret refunding is an element of the conduct and management of official corruption in Nigeria. Embezzlement of public funds is done in the open, but the trial and investigation is officiously done. The report of whatever outcome is always thrown into garbage of history, hence, corruption and societal indiscipline remains recidivist.
In Nigeria, there is never a thief or a robber. There can be one if the ‘thief’ decides to be selfish with the loot. When the loot is for all the stakeholders, there is no thief and there will never be any person found guilty. This is where the exegesis of the diplomacy and management of corruption is quite challenging.
NAVC and Corruption-fighting in Lagos
Based on what PMB stated in 2016, following his election as President of Nigeria, and considering the appointment of Professor Bolaji Owasanoye, SAN, OFR, as the Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), I joyfully accepted my unanimous election as Coordinator of the National Anti-Corruption Volunteer Corps (NAVC), Lagos State Chapter. The NAVC, though established in 2008, only functioned until 2014 when the then Chairman of the ICPC, Ekpo Nta, ordered the suspension of all the NAVC activities nationwide. As noted in a published public notice, some of the state Coordinators of the NAVC ‘had become high-handed in their activities while some were consumed by the same ill they were supposed to fight… Some state Coordinators even resorted to arrest and interrogation of citizens, while some even set up detention centres… It got so bad that the Commission arraigned some Coordinators and members to court for corrupt practices.’
The implications of this quotation cannot be far-fetched: corruption was not only at the governmental level, but also existed at the level of the people. Those who were to contain corruption took advantage of their anti-corruption position of volunteerism to deepen the societal ill. In other words, how do we prevent corrupt and indecent people from gaining access to public offices? This was the first immediate challenge that cannot but require special management. Besides, does the system of recruitment in Nigeria reckon with the known attitudinal disposition of people before their engagement into the civil and public service? Do people bother much about the corrupt or criminal antecedents of candidates for election?
Whatever is the case, the NAVC could not function as from 2014, as a result of the suspension of activities, until 2019 when a new NAVC was put in place. I was unanimously elected and officially inaugurated as the new Lagos State Coordinator on 30 July, 2019 at the Lecture Theatre of the Nigerian Institute of International Affairs (NIIA), Kofo Abayomi, Victoria Island, Lagos. It was Superior Evangelist Michael Olubajo of the Celestial Church of Christ, National Headquarters, Makoko, Yaba that suggested my name to the NAVC members, arguing my case of integrity and honesty of purpose.
The ICPC, under the leadership of a new Chairman, Professor Bolaji Owasanoye, SAN, OFR, was only prepared to renew the activities of the NAVC on the condition of availability of any reliable man of integrity, not only acceptable to all other NAVC members, but particularly also acceptable to the Management of the ICPC. When my name was mentioned by Superior Evangelist Olubajo to both the NAVC members and the ICPC, I was unconditionally accepted by the ICPC. It was on this basis that some NAVC members, led by Superior Evangelist Olubajo, came to plead with me to accept the leadership of the Corps.
True enough, I knew well Professor Owasanoye as an academic colleague and as another man of dint of hard work and integrity. I therefore strongly believed he should be assisted in his official mandate to fight corruption and societal indiscipline, by especially looking at what the best approach should be. I adopted a bottom-top methodology as the necessary strategy in fighting corruption. And with due respect to Superior Evangelist Olubajo and Professor Owasanoye, I took up the challenge of leadership of the NAVC, Lagos State with much enthusiasm and unflinching commitment. I considered that, while the ICPC was fighting corruption at the top level, though selectively, the NAVC under my watch, should begin the anti-corruption campaigns at the grass root level, by educating, enlightening the people, especially the market men and women, road transport unions, etc. on the destructive disadvantages of engaging in sharp practices.
And true enough, the NAVC started well, writing letters to well-placed people and organisations to support our anti-corruption campaigns in Lagos State. Even the Chairman of the Lagos Mainland Local Government, Mr. Kayode Omiyale, offered to fund the first outing ceremony of the NAVC. Letters were written to some automobile companies requesting for donation of buses for campaign and training. And perhaps more interestingly, an NAVC Governing Board, comprising very seasoned retired Permanent Secretaries, security officers, senior civil and public servants, and chaired by Honourable Erewa Abike-Dabiri, was not only set up unprecedentedly, but also rented a 3-bedroom flat as an office at 59 Queen Street, Alagomeji Yaba. The ICPC also graciously commissioned the office, which was well equipped and joyfully appreciated by the ICPC Chairman’s representative from Abuja and by ICPC Lagos delegation.
The flat was, and still is, owned by Mr. Sola Akinsanya, a barrister at law and a correct and well-understanding gentleman. The yearly rental cost was N1.5 million. For the first two and a half years, nothing was paid to the landlord, and yet, he showed good understanding in the strong belief that we were truly prepared to fight corruption in all its facets. All these steps were taken following the official inauguration of the new NAVC executives by the ICPC at the NIIA. Indeed, some corruption complaints from the general public were sent to us and they were redirected appropriately to the ICPC Head or Commissioner in Lagos.
Most unfortunately, however, it was precisely at the point of holding the first anti-corruption lectures and workshops that an order came from the Chairman of the ICPC in Abuja, Professor Owasanoye, that all the various chapters of the NAVC nationwide should discontinue all their activities. The official reason given was that there were some Coordinators and leaders of the NAVC using the name of the ICPC and that of the NAVC to engage in criminal activities and by so doing, seriously tainting the good name of the ICPC. This simply meant that there was a return to the status quo ante. Neither Professor Owasanoye nor any other ICPC official was interested in the continuation of NAVC activities. The main dilemma for the ICPC headquarters in Abuja was not simply the bad manners of some coordinators but the fact that the Lagos State chapter of the NAVC had its head above board. The Lagos chapter was commended everywhere and the ICPC challenge remained how to lump the accused with the innocent. The Lagos State was not part of the chapters in trouble. The final decision was to make the suspension of activities temporary. The suspension and its character of temporariness never implied non-payment of rents due to Mr. Akinsanya.
Believing in the purpose of the NAVC, I kept on pleading with Mr. Sola Akinsanya to exercise patience that the NAVC would soon begin to operate and generate funds to pay its rent. Even though we were told that some amount would be given to us, we never relied on it. We only waited for directives lifting the suspension of activities to enable the continuity of activities. We never knew that Government was most unserious about corruption fighting. Mr. Akinsanya was much interested in the payment of his rents and not in the giving of excuses. I, as guarantor and who rented the flat for the NAVC, as well as Superior Evangelist Michael Olubajo, assumed responsibility to offset the thirty months’ rent (N3.75m). This amount did not include the costs of equipping and maintaining the NAVC office. I was compelled to pay the lion share being the one directly held responsible by the landlord. I coughed out not less than N2.5m while Superior Evangelist Olubajo coughed out about one million naira. The Central district, and of course the only district, contributed about N60K, All other financial promises, individually or by the districts, were not honored, and so, corruption could not be fought. It was corruption that was waging war on us. But how is corruption managed?
Diplomacy and Management of Corruption
From my foregoing experience as Coordinator of the NAVC for three years, I am not left in any doubt that PMB’s policy of anti-corruption was, at best, a smokescreen. It was selective in design, very dishonest in application, and very discouraging for the true patriots who are committed to the anti-corruption struggle. PMB’s management style of fighting corruption is to openly condemn every alleged act of corruption, but adopting a laisser-faire attitude at the level of implementation of the policy. What is an act of corruption in this case?
In the eyes of the ICPC, corruption is about bribery, graft, misuse of office, gratification, false pretence, and dealings, etc. When people also live above their means, an act of corruption can be alleged. Stiff punishment is provided under the 2000 ICPC Act.
For instance, in Section 20 of the Act, the penalty for offences under sections 8-19 of the Act‘ stipulates that ‘without prejudice to any sentence of imprisonment imposed under this Act, a public officer or other person found guilty of soliciting, offering or receiving gratification shall forfeit the gratification and pay a fine of not less than five times the sum of the value of the gratification which is the subject-matter of the offence where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand naira, whichever is higher.’
In other words, it is not that there are no laws prohibiting and sanctioning corruption and related offences. The issue is the scientific protection of the offences when people are found guilty. At the level of the people, it is useful to ask why it is always the accounts departments of public institutions that are always gutted by fire. Why is it that the public is not officially told about the outcomes of official inquiries into such infernos? Why is it that there are always fire outbreaks whenever there are controversial issues relating to fraud or public complaints? Why is it that the accounts departments are always gutted by fire when there are panels inquiring into allegations of fraud?
Recall that a section of the judges’ chamber in the Supreme Court building in Abuja was engulfed by fire on 25 September 2023 ‘in the wake of the final judgment filed against Bola Tinubu’s election victory. Recall the fire that gutted part of the Ministry of Finance on 23rd February, 2022. What about the fire outbreak at the Accountant-General payment processing department in April 2020? What about the fire outbreak at the defence headquarters in Abuja on December 12, 2022? According to the Defence headquarters, it was a ‘minor fire.’ This management style is to downplay the gravity of the situation and to draw away public attention. Another management style is not to learn lessons from previous experiences, especially in terms of encouraging fire-proof buildings. Let us move backward to the 1970s:
Recall the Sixth Floor of the Ministry of External Affairs in Marina, Lagos. Have we forgotten the case of the Independence Building at the Race Course?
Whatever PMB said about the need for good governance and the need to fight corruption to a standstill has meant nothing. However, I believed in his War Against Indiscipline (WAI) which he introduced when he was military Head of state in 1983-1985. PMB noted in 2016 that ‘the long-cherished and time honored, time-tested virtues of honesty, integrity, hard work, punctuality, good neighbourliness, abhorrence of corruption and patriotism, have given way in the main to dishonesty, indolence, unbridled corruption and widespread impunity.’
In spite of this statement and without exaggeration, anti-corruption efforts under PMB administration were most unserious, regardless of the justifiable claims of the ICPC taking selective cases to the court. Corruption grew catalytically from one year to another. It is therefore not a surprise that the current National Assembly is faced with allegations of budget padding. How has government been managing the various crises of corruption and legitimacy? The first approach has always been to keep quiet and never to respond to public complaints and opinion. Is it a case of maintaining silence for fools?
For instance, in April 1994, when Alhaji Lateef Jakande was Minister of Works and Housing, Government collected financial deposits from millions of Nigerians for houses to be built and allocated in December 1994. I was one of the depositors. Up till this time of writing, no house has been allocated. No refund of deposits has been made. No one is talking about it. This is how Government use silence and indifference to protect official corruption, inefficiency and ineptitude, and by so doing, further promoting societal indiscipline and acts of corruption. Why is there no public accountability of whatever projects are handled by Government to the people? Is Government in any way better than ordinary armed robbers, corrupt people, and wicked people?
The same story can be told about the 1996 Isheri North land allocation which began under the military Governor of Lagos State, Brigadier-General Buba Marwa. A plot of land was 800sq metres under Brigadier Marwa and it was to cost N500K per plot. When Senator Bola Ahmed Tinubu succeeded Brigadier Marwa, he first reduced the size of the plot to 700 square meters but without reducing the cost price. This was a critical breach of agreement or understanding between the Lagos State Government and the applicants for land allocation who had fully paid for the land. Although Governor Tinubu maintained the old cost for all those who had fully paid for their plots, he increased the amount to fresh applicants and all those who were yet to complete their payments.
The main issue here is that, like it was the case with the Federal Government of Lateef Jakande, nothing is heard about the Isheri North land project. The official excuse given was that the land area in question was always flooded. Agreed that the Lagos State case does not have a criminal character, should applicants or depositors lobby to get a letter of allocation? When such a letter is given and the project cannot be implemented, what prevents the Government from being responsible by notifying all concerned about current developments?
Without doubt, the management style is always to allow people to come and lobby, and by so doing, introduce a system of favour-seeking, giving room for bribe giving, and all manners of societal indiscipline. Corruption and indiscipline can be easily eradicated if it is not given the room to exist. When I was Director General of the NIIA, I instructed that action must be taken on every instruction by superior officers and on all incoming mails within 48 hours or 72 hours if the mail or instruction was received on a Friday. None of the directors liked me for that. In fact, when papers for payment of overtime work were brought to me after 48 hours, I never acted on them and affected members of staff concerned had to protest to their directors. A representation by the directors the following month had to be made. At the end of the day, lessons were learnt and everyone was compelled to take the instruction of acting promptly sriously. No room for begging or bribe giving before action on payment of bills. This is what the Federal, or State, Government should be doing to contain corruption.
Another management style is to first deepen corruption and then come back to pretend that it is being fought. When a Governor is travelling officially to any part of his state or the President is visiting a State, all access roads that had been neglected are urgently repaired. When potholes are still within manageable sizes, they are not repaired. It is when they become terrible and requiring contractors’ attention, prices are hiked, government officials then run helter-skelter, seeking to officially commission what ought to have been routinely done. This is management of corruption by corruption. What about the attitude to election? The practice is to seek to win election by all means legal and illegal and then allow the losers to go to the court. The National Assembly also protects fraud. Hearings are commendably organized, but the moment critical questions are asked from the official being investigated, he stylishly suddenly slumps and would be quickly taken out of the chamber. That ends the matter. No one is told about developments thereafter. Again, how can a snake swallow millions of naira and everyone keeps quiet? Padding of the budget is a tip of the iceberg. Nigeria is more than fantastically corrupt. Nigerian politicians should therefore remember what Jerry Rawlings did to their Ghanaian counterparts in light of the current people-instigated coups in West Africa. Nigeria may not be an exception.