The executive director of a Nigerian NGO explains how he's pushing the country's anti-graft agency to demand greater compensation from multinationals who bribe in Nigeria
LONDON (TrustLaw) – The Nigerian government has not lived up to its obligations under the United Nations Convention against Corruption (UNCAC), as it has failed to adequately punish multinationals that committed bribery in the country, says Adetokunbo Mumuni, executive director of Nigerian watchdog the Social Economic Rights and Accountability Project (SERAP).
Mumuni spoke to TrustLaw about how SERAP is petitioning Nigeria’s anti-corruption agency to seek "adequate damages" against various multinationals found guilty in the U.S. of bribing Nigerians, and how the watchdog is taking a state governor to court to get more information on budgetary spending.
How do you expect SERAP’s petition to the Economic and Financial Crimes Commission (EFCC), the anti-graft agency, to play out?
The position of our organisation is that since the offence was committed in Nigeria, the Nigerian nation and people should benefit more financially from the out of court settlement or plea bargain which the EFCC proceeded with in relation to the multinationals. From the evidence we now have, based on the amount paid to Nigeria compared with what the multinationals paid in the United States, it shows that the Nigerian state and people have been greatly short changed economically. As regards (to) how we expect the process to play out, we believe that if the matter is pursued with sincerity, what we are asking for will ultimately be realised.
Is Nigeria breaking the convention by not pressing for adequate damages?
Let me state straight away that it was the fact that the EFCC decided to adopt and accept a plea bargain in the first place with the multinationals involved in the bribery scandal that led to the issue of inadequate damages. It must also be stated that the principle of plea bargaining is unknown in Nigerian criminal jurisprudence. So if a principle unknown to Nigerian criminal jurisprudence is adopted, then the enormous economic and financial benefit that is accruable in places where that system is adopted must be taken full (advantage) of by the Nigerian government. I therefore conclude that Nigeria by inference broke the convention by not pressing for adequate damages.
SERAP has also taken legal action against Oyo State governor, Abiola Ajimobi over an alleged failure to release information and documents on primary education spending in the state. What law requires him to disclose that information?
It is the Freedom of Information Act that makes it binding on Governor Ajimobi of Oyo State to disclose the information which we are seeking.
Why has he refused to release the information?
Our feeling is that most of them (the executive governors) have not brought themselves to the reality that the Freedom of Information Act is a law applicable throughout the Federation of Nigeria. They still think it is business as usual. It is also possible that Ajimobi and other governors like him may believe that the Freedom of Information Act will not be put to use by Nigerians to test its efficacy. He may be underestimating the will of non-governmental organisations like SERAP to see that the Freedom of Information Act is tested and made to truly work in the interest of public accountability and good governance.
What is primary education like in Oyo state?
Generally, in terms of education, the southwest of Nigeria (of which Oyo State is part) is advanced compared to other parts of Nigeria. However, compared to what premium previous administrations in southwest Nigeria government did concerning primary education... it’s not too out of place to say that the state of primary education in Oyo State is not too edifying.
What do you see as the main issues that are holding back the fight against corruption in Nigeria?
In my opinion the main issue holding back the fight against corruption in Nigeria is the lack of political will on the part of those who wield executive powers in Nigeria. Another collateral issue is the uneven handed enforcement of the criminal statutes relating to corruption.
The former state governors of Ogun state, Oyo state and Nasarawa state were recently arrested by the EFCC on charges of abuse of office and fraud. How significant do you think those arrests are?
The arrest of three former governors is not a new thing to me. Something of the type happened in the past four or five years, when some sets of governors left office in 2007. They were arraigned, granted court bail and nothing has happened in terms of serious prosecution since. One hopes these arrests and arraignments do not go exactly the same way.
How effective are Nigeria's anti-corruption laws?
The effectiveness and efficacy of any criminal legislation depends on the tenacity with which the law is applied and enforced. Nigeria’s anti-corruption statutes are strong as made. But it is only their enforcement and implementation that seems to be challenging to those who are to enforce and implement the laws.
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