Nigeria: Legislation, Capacity Gaps Undermining Nigeria's Anti-Corruption Measures - Report

The report analysed 16 different mechanisms focused on transparency and accountability in four different areas

Despite implementing a range of transparency and accountability measures, the state of governance and development in Nigeria remain subpar due to gaps in legislation, capacity, values, and resourcing, a new report by Abuja-based think tank Agora Policy has said.

The report, released on Sunday, highlights the need for a more comprehensive approach to address these gaps and make transparency efforts more effective in achieving tangible results.

Entitled "Imperative of Strengthening Nigeria's Transparency and Accountability Measures," the report makes a strong case for bridging these gaps and for sustaining and strengthening the various anti-corruption measures to make them more effective tools for deepening good governance, service delivery, shared prosperity, and democracy in the country.

"Whether now or in the future, Nigeria needs more transparency and accountability, not less.

"As Nigeria prepares for a new government, a stocktaking of the transparency and accountability measures is desirable to ensure that the zeal for anticorruption is sustained and that the prevailing measures are fit for purpose, and further strengthened and institutionalized," the report said.

Put together by a group of experts, the report analysed 16 different mechanisms focused on transparency and accountability in four different areas: norms and values, public financial management, open disclosure, and sanctions.

Among the measures evaluated were asset declaration, freedom of information, public procurement, whistle-blower policies, annual and routine audits, e-payment platforms used by the government (such as IPPIS and GIFMIS), the disclosure of subnational transfers, extractive sector revenue disclosure, and beneficial ownership for prosecution and asset recovery.

It said most of the interventions have been made since the return to civil rule in 1999, and some of them have yielded some results and milestones.

"Despite the achievements, the problem of transparency and accountability remains. The assumption that transparency and accountability automatically lead to good governance did not take into account attendant challenges such as social behaviors in the forms of resistance and sabotage," it said.

Recommendation

After analysing the selected transparency and accountability initiatives and their rationales, histories, achievements, and challenges, the report proposes suggestions for improvement.

Among the key recommendations are the need to enhance the legal framework supporting some of the initiatives, faithfully enforce or implement existing laws, improve the capacity and funding for some of the implementing agencies, enhance collaboration across government tiers, and implement a sustained and strategic campaign to promote value reorientation.

The report recommended the strengthening of the Office of the Auditor General of the Federation through improved staffing and better remuneration of the staff of the agency, and prompt presidential assent to the newly passed audit bill.

"While the Auditor-General of the Federation (AuGF) has a responsibility to eradicate corruption from Nigeria's public finance system, this responsibility is limited to the extent that the country's audit law permits," said the report.

"Nigeria needs a fresh law that guarantees independence and powers to sanction the AuGF in line with established standards of the International Organisation of Supreme Audit Institutions (INTOSAI). Without the powers to sanction, the AuGF is more or less a toothless bulldog."

It is on the strength of this that the report recommends that President Muhammadu Buhari should sign the Federal Audit Service Bill into law before he leaves office. The bill, which was passed by the National Assembly on 29 March 2023, repeals the Audit Ordinance of 1956.

The bill strengthens the operations and independence of the Office of the Auditor General of the Federation (OAuGF). It aligns with the present times and with global best practices and it enhances the utility of auditing as a powerful transparency and accountability mechanism.

"President Buhari refused to assent to an earlier version of the bill passed by the 8th National Assembly. He should quickly assent to the 2023 version once he receives a clean copy from the 9th National Assembly.

"Whatever misgivings the president may have can be accommodated in subsequent amendments. President Buhari should see the law as one of his parting gifts to the country."

The report also calls for the amendment of Paragraph 3 (c) of the Third Schedule of the 1999 Constitution to ensure that assets disclosed by public officials can be made public by the Code of Conduct Bureau (CCB). It also argues for improved funding for CCB for the agency to be better positioned to discharge its important mandate, including the verification of assets declared by millions of public servants across the three tiers of government.

Policies

The report also calls for the passage of laws to back up the whistle-blower policy and the Open Treasury Portal to address grey areas and make them more binding and effective.

The report advocates for greater investment in capacity building and technology across the board in the fight against corruption in Nigeria.

"Technology remains the greatest enabler of transparency and accountability," says the report.

"Thus, rather than contemplate the idea of going back on technology-driven platforms such as GIFMIS, IPPIS, and the rest, the focus should be on how to improve them."

"Capacity development should be prioritized as cross-cutting" adds the report. "Capacity building to bridge gaps in technical knowledge and skills in anticorruption agencies will go a long way to enhance the effectiveness of the relevant personnel in these institutions and, ultimately, strengthen transparency and accountability."

The report suggests that the government takes action to counteract this concerning trend by carrying out thorough background checks on the boards, leaders, and employees of institutions responsible for anti-corruption, as well as establishing effective safeguards for the exercise of oversight powers.

These measures are necessary to ensure that the values of those in charge of these essential institutions align with their mandates, that there are mechanisms for overseeing the overseers, and that the anti-corruption institutions are not undermined by the same issues they were established to address

In addition to promoting more extensive cooperation between different levels of government concerning transparency and accountability issues, the report also advocates for a nationwide campaign to reshape values.

The report emphasizes that an emphasis on systems and punishments will have limited effects unless there are changes in societal values, and urges the Federal Government to take the lead in implementing a thorough and well-planned national program for value reorientation.

The program would aim to address and transform dysfunctional values, attitudes, and narratives that knowingly or unknowingly facilitate public corruption.

Comments

In response to the report, Waziri Adio, the founder of Agora Report, remarked that it was a very timely publication.

He also noted that with Nigeria currently undergoing a period of transition, there is a risk that the focus on anti-corruption may diminish, especially given how anti-corruption was not a major campaign issue during the 2023 elections.

Mr Adio emphasised the report's significance as a reminder of the crucial role that transparency and accountability play in enhancing the welfare of citizens and furthering democratic ideals.

He also highlighted the substantial investments made by Nigeria and its development partners in transparency and accountability measures over time, surpassing even some advanced countries, and emphasised the need to ensure that these investments generate adequate returns for the country.

The report is the last of the four policy papers commissioned by Agora Policy, with the support of the MacArthur Foundation, to contribute to national debate before, during, and after the landmark 2023 elections in Nigeria.

The other three reports focused on the economy, national security, and gender and social inclusion.

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