Press Conference by Transparency in Nigeria on the occasion of the release of the Bribe Payers Index (BPI) 2008 and the marking of the World Anti-Corruption Day on 9 December 2008

The 9th of December every year is the UN World Anti-Corruption Day, a day for sobre reflection on the effects of corruption in our lives and how to combat the malady.

Transparency International, the Global Coalition Against Corruption, is also releasing today the Bribe Payers Index (BPI) which looks at the supply side of corruption.

The Bribe Payers Index (BPI)

The BPI is a ranking of 22 of the world’s wealthiest and most economically influential countries according to the likelihood of their firms to bribe abroad. These 22 countries account for 76.4 per cent of total foreign direct investment outflows and export goods worldwide. The BPI is based on interviews with almost 3,000 senior business executives working in 26 countries. The BPI was last published in October 2006.

Belgium and Canada shared the first place in the 2008 BPI with a score of 8.8 out of a very clean 10, indicating that Belgian and Canadian firms are seen as least likely to bribe abroad. The Netherlands and Switzerland shared the third place on the index, each with a score of 8.7.

At the other end of the spectrum, Russia ranked last with a score of 5.9, just below China (6.5), Mexico (6.6) and India (6.8).

The BPI for 2008 released by Transparency International is as follows.

Bribe Payers Index 2008

This table shows the 2008 BPI results along with additional statistical information that indicates the level of agreement among respondents about the country’s performance, and the precision of the results.[1] Scores range from 0 to 10, indicating the likelihood of firms headquartered in these countries to bribe when operating abroad. The higher the score for the country, the lower the likelihood of companies from this country to engage in bribery when doing business abroad.

We shall now reflect on certain matters touching on the anti-corruption programme in Nigeria.

The Bribery of Nigeria Officials by Foreign Multi-national Companies

The release of the BPI brings to mind the cases of foreign businessmen and multi-national companies which were alleged to have bribed Nigerian officials. While the persons alleged to have offered the bribes have been prosecuted in their own countries, nothing has happened to the Nigerian officials alleged to have received the bribes.

The Persecution of Nuhu Ribadu

Transparency in Nigeria is concerned about the persecution of Mallam Nuhu Ribadu, the immediate past chairman of the Economic and Financial Crimes Commission (EFCC).

He was removed from office in controversial circumstances. His removal from office was painful because it takes unusual commitment, zeal and courage to achieve the feat the EFCC achieved under the chairmanship of Ribadu. The manner of his removal also calls in question the independence of the EFCC.

His removal from office was followed by his demotion from the rank of Assistant Inspector General of Police to Deputy Commissioner of Police on the allegation that he was wrongly promoted. We are aware that under Nigeria public service rules there is room for accelerated promotion for exceptional performance. And the Authorities of the Nigerian Police have had occasion to reward their men and officers with accelerated promotion for exceptional performance. Though other people were demoted with Ribadu, there is the widely held perception that he was the target. Recently Ribadu was harassed and ridiculed during the graduation ceremony of the National Institute for Policy and Strategic Studies.

We are not oblivious of the fact that some people are making some allegations against Ribadu. We agree that Ribadu, like any other public officer, should be accountable for his actions and omissions in office. However, due process must be observed.

The persecution of Ribadu appears to be part of the world-wide persecution of anti-corruption crusaders and human rights defenders. Transparency International during its Annual Membership Meeting held in Athens, Greece, in October 2008 and the 13th International Anti-Corruption Conference held in Athens, Greece, in October-November 2008 adopted resolutions in which they expressed concern over the growing threats to, and intimidation of, anti-corruption crusaders in many parts of the world. These bodies called on Governments to uphold their commitment under the United Nations Convention Against Corruption and International Human Rights Instruments to ensure that anti-corruption advocates can operate in a safe environment.

Transparency in Nigeria hereby calls on the Federal Government to take steps to stop the harassment, intimidation, ridiculing, and persecution of Nuhu Ribadu.

Implementation of the United Nations Convention Against Corruption (UNCAC)

Though Nigeria is one of the countries that have ratified the UNCAC Nigeria, it is not one of the countries supporting the institution of implementation mechanism for the UNCAC. Without effective implementation mechanism, the provisions of the UNCAC will remain dead letters.

The Federal Government is called upon to support the institution of UNCAC implementation mechanism at the international level.

Having ratified the UNCAC, Nigeria is under obligation to ensure that its domestic laws meet their obligation under UNCAC. However, in respect of the requirements of the UNCAC, there are still the following gaps in the Nigeria law:

a) Lack of Access to Information Law

b) Lack of Independence of the Anti-Corruption Agencies

c) Lack of whistleblowers protection law

d) Lack of independent and impartial judiciary

e) Lack of domestication of the UNCAC at the state level.

The Trial of the Former Governors

The trial of the former Governors who were alleged to have siphoned billions of public funds has become a trivialized issue. Upon securing bail, these former Governors are bringing one frivolous motion after the other to stall their trial. And the courts are granting them leave to globe-trot. An atmosphere of impunity under the guide of rule of law is pervading the country.

Corruption in the Electoral Process

The recent riots in Jos over the local government elections demonstrate the need for a free and fair election. It is regrettable that after the flawed April 2007 general elections, almost all subsequent elections are flawed. The PDP wins almost all elections conducted by the Independent National Electoral Commission, while the party in power in every state sweeps all positions in the local Government elections conducted by the respective Stated Independent Electoral Commission.

Nobody has been punished for his role in the flawed April 2007 general elections. Political corruption creates the environment for all other forms of corruption.

Lack of National Anti-Corruption Strategic Plan

Nigeria has no national anti-corruption strategic plan. The countries efforts at fighting corruption are rather episodic. A national anti-corruption strategic plan therefore remains a desideratum in the country.

Corruption is the mother of all vices in this world. Let us all join hands to build a corrupt-fee world.

Osita Nnamani Ogbu
SECRETARY GENERAL
TRANSPARENCY IN NIGERIA

[1] The standard deviation is provided to give an indication of the degree of agreement among respondents in relation to each country: the smaller the standard deviation, the broader the consensus among respondents. The confidence intervals show the range of minimum and maximum values where with 95% of confidence the true value of the index lies.