
PRESS CONFERENCE BY COALITION OF CIVIL SOCIETY ORGANISATIONS WORKING ON ANTI-CORRUPTION AND GOOD GOVERNANCE IN NIGERIA
Introduction:
The undersigned Civil Society Organisations (CSOs), working on anticorruption and good governance, express deep concern and unequivocal condemnation of the recent actions of some State Governors targeted at the Economic and Financial Crimes Commission (EFCC), Nigerian Financial Intelligence Unit (NFIU), and by implications other anti-corruption agencies (ACAs) in the country such as the Independent Corrupt Practices and Other related Offences Commission (ICPC), the Code of Conduct Bureau (CCB), and key law enforcement agencies (LEAs) like the Nigeria Police Force; preparatory to the commencement of full implementation of the recent Supreme Court judgment with regards to local government autonomy in Nigeria.
The Issue:
The suits reportedly filed by 16 Nigerian Governors at the Supreme Court, seeking amongst others to declare the EFCC and NFIU as illegal bodies, and unconstitutional their legally assigned acts at the subnational levels, not only undermines the efforts in the fight against corruption but also sends a dangerous signal that accountability and transparency can be subverted for political expediency.
More worrisomely, the consolidated suit, which has now been scheduled for hearing on October 22, 2024, pleas for a declaration that the Federal Government of Nigeria through the EFCC, NFIU or any other agency lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to a state; a declaration that EFCC, NFIU, or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrests anyone with respect to offences arising from or touching on the administration and management of funds belonging to a state or any local government area.
The Implications:
The action of these 16 State governors, and the tacit support by their other colleagues, to declare the EFCC, NFIU (and other ACAs, including the Nigeria Police Force), as illegal is the most disingenuous and boldest effort to frustrate and cripple the effectiveness of Nigeria’s anti-corruption war; which could further worsening an already worst situation if succeeded. The implications of this nefarious action are not farfetched. Aside far reaching international reputational damage it poses for the country, the action can lead to the blacklisting and eventual suspension of Nigeria by the Financial Action Task Force (FATE), which had grey-listed Nigeria since February 24, 2023 as a non-cooperative country in the global fight against money laundering.
Rationale for the establishment of the EFCC, and other Anti-Corruption Agencies
Corruption remains at the core of development crisis, social inequality and bad governance in Nigeria. Corruption had reached endemic levels, leading to economic underperformance, widespread poverty, and the erosion of state institutions. In response, the EFCC and other ACAs were created as vital institutions to tackle financial crimes, including corruption, money laundering, and embezzlement of public funds.
Hence, as a demonstration of Nigeria’s commitment and constitutional responsibilities to combat corrupt practices, abuses of trust and other financial crimes, which were crippling the country’s economy, undermining public trust in governance, exacerbating social inequality, festering insecurity and tarnishing Nigeria’s international reputation, the CCB, EFCC, ICPC and other ACAs were established either as constitutionally mandated bodies or through national legislations.
For instance, the EFCC, legally established by an act of the National Assembly in 2004 (and as amended subsequently), and other ACAs continue to play pivotal roles in combating corruption, and financial crimes, thereby contributing towards prudent management of public resources. Since their establishment, both the EFCC and ICPC, in particular, have been instrumental in exposing and prosecuting corrupt practices across all levels of government, including the subnational administrations. Their existence grounded in laws duly enacted by the National Assembly, which mandates these ACAs to investigate, prevent, and prosecute corrupt practices and financial crimes have resulted in recovering billions of naira in stolen public funds, securing numerous convictions, and serving as a deterrent to would-be offenders.
It is also instructive to note, out colleagues in the media, that aside their enabling establishment acts, the EFCC has also been specifically saddled with additional complementary and/ or supplementary legislations through the “Advance Fee Fraud and Other Related Offences Act; “Money Laundering (Prohibition) (Amendment) Act; Cybercrime Act and Miscellaneous Offences Act, etc.” amongst others therefore giving them robust legal frameworks and latitude to investigate, arrest and prosecute corruption and other financial crimes cases.
We therefore strongly condemn these Governors attempt to disingenuously challenge the ACAs’ legal authorities to carry out their responsibilities at the subnational levels which undoubtedly are being orchestrated to obliterate, emasculate and strangulate any form of vertical and horizontal accountability at the subnational levels thereby sustaining the aura of impunity and financial recklessness associated with many state chief executives in Nigeria.
The actions of these Governors raise serious concerns about their commitment to transparency, accountability and good governance, as well as their obligations to serve in the best interests of the citizens. The more reason the greatest manifestations of crisis of development attributed to corruption, impunity, and bad governance are largely felt and arguably located at the subnational state levels in the country.
Thus, we are particularly troubled by the timing and intent of this litigation. It appears to be an attempt to shield individuals and entities from the scrutiny of the ACAs especially by the EFCC. Hence, this boldest attempt to castrate the EFCC’s ability to hold public officials at subnational levels accountable; such actions will undoubtedly embolden corrupt practices, weaken institutions, and reverse the progress made in the fight against corruption in Nigeria.
The Legal and Moral Implications of the Governors’ Action
The suit by the governors is not just legally questionable but morally indefensible. It suggests a disturbing attempt by certain state executives to evade accountability and shield themselves from scrutiny over the management of public funds. As public officials, the governors are expected to uphold the rule of law, ensure transparency and accountability in the management of public resources. Filing a suit challenging the EFCC’s legality, and debarring ACAs from investigating subnational authorities is in a very bad taste and a blatant negative signals for the fight against corruption in Nigeria which must not stand.
The Necessity for the continued Existence of the EFCC, ICPC, CCB and Other ACAs
Corruption remains one of the most significant obstacles to Nigeria’s development, undermining governance, destroying public institutions, festering insecurity and depriving citizens of the benefits of public resources. This is why it is important to remind the public at large that corruption is not a victimless crime; it deprives citizens of essential services like quality and affordable healthcare, sound education, durable infrastructure, and adequate security. It is the ordinary Nigerians who suffer when public funds are diverted for personal use by public officials.
The EFCC and other ACAs are critical national instruments needed in curbing systemic grand corruption, ensuring that those who abuse public trust using their high political offices for personal gain and aggrandizement are held accountable. Any attempt to weaken or dismantle the ACAs would be a severe setback for Nigeria’s anti-corruption efforts and would embolden corrupt actors at all levels of government. As such, the continued existence and strengthening of the EFCC and other ACAs remain essential to combat corruption and safeguard the welfare of the Nigerian people.
The Role of Anti-Corruption Agencies in Strengthening Nigerian Democracy
A key pillar of any functional democracy is the rule of law and the enforcement of accountability mechanisms. The ACAs play indispensable role in Nigeria’s democratic consolidation by ensuring that public officials are accountable for their actions. Weakening or abolishing any of these ACAs would significantly erode Nigeria’s democratic gains, encourage impunity, and discourage foreign investment, as investors rely on strong institutions to ensure a fair business environment.
The fight against corruption is not the responsibility of the federal government alone but of all levels of government in the country. It is, therefore, shocking that some Governors would take such bold steps to debarring key ACAs that play such a critical role in ensuring accountability and good governance. This is an affront to the Nigerian people, whose resources are often plundered by the same public officials who are now seeking to cripple the agencies tasked with protecting public funds.
We urge all well-meaning Nigerians to resist any attempt to weaken our anti-corruption institutions. A nation without accountability is a nation on the path to moral and economic decay. We reiterate our commitment to support and defending the work of the CCB, EFCC, ICPC, and other ACAs. We, therefore, call on all arms of government (the Judiciary, National Assembly and Presidency) to join hands in the fight against corruption for the benefit of all Nigerians. More importantly, the apex court has responsibility to uphold the rule of law, and we believe it would not lend judicial credence to strangulate the fight against corruption in the country.
Our Call to Action on Safeguarding National Imperativeness and Effectiveness of all our Anti Corruption Agencies
We, therefore, call on:
- The Supreme Court to dismiss this suit being frivolous and as an affront to the rule of law and the Nigerian Constitution, which empowers the National Assembly to make laws necessary for maintaining public order and combating corruption.
- The Governors involved to discontinue this ill-advised legal action and instead working collaboratively with all ACAs to ensure transparency and accountability for prudent management of public resources in their respective states.
- The Federal Government to reaffirm its commitment to strengthening the CCB, EFCC, ICPC, and other anti-corruption bodies by providing them with the necessary resources, guaranteeing their independence, and protection to fulfill their mandate without fear or favor.
- Nigerian citizens and civil society to remain vigilant and continue to hold public officials accountable for their actions, resisting any attempt to weaken institutions that safeguard democracy and the rule of law. More importantly, we all need to support the efforts of ACAs in Nigeria to continue to recover our stolen assets from all politically exposed persons (PEPs), and their cronies and business allies.
ON FULL IMPLEMENTATION OF LOCAL GOVERNMENT FINANCIAL AUTONOMY
Furthermore, we express our deep concern over the continued violation of the financial autonomy of Local Government Councils (LGCs) by some State Governors, despite the recent landmark judgment by the Supreme Court of Nigeria affirming the constitutional financial independence of LGCs.
Section 7 of the Constitution of the Federal Republic of Nigeria (CFRN 1999, as altered), guarantees the system of Local Government by democratically elected councils. Further, the provisions of Section 162(8) of the Constitution as recently interpreted by the Supreme Court of Nigeria, mandates that funds meant for LGCs must be directly disbursed to their respective accounts, free from interference by the State Governments. This principle of financial autonomy ensures that LGCs can effectively serve their constitutional duties of providing essential services to their communities, promoting grassroots development, and improving the quality of life of Nigerians at the grassroots community levels.
The recent decision of the Supreme Court was a bold and much-needed reiteration of this autonomy. The judgment unequivocally upholds the right of LGCs to directly receive and manage their funds, without undue interference from State Governors or any intermediary institutions. It is, therefore, disheartening to witness certain State Governors persist in practices that undermine this autonomy, which, by extension, undermines the rule of law and democratic governance.
Despite the clear pronouncements of the Supreme Court and the constitutional provisions, some Governors have continued to interfere with the financial operations of LGCs through introduction of bills to circumvent the Supreme Court judgment on direct allocation of funds to LGCs by arm-twisting the Council Chairmen into paying their federal allocation back to the state. These actions undermine the developmental role that Local Governments are meant to play in Nigeria’s democracy. More importantly, they erode the trust and faith of citizens in the system of governance at the grassroots level.
The financial emasculation of LGCs has far-reaching consequences. Communities across the country are being deprived of critical services, such as primary healthcare, education, and rural infrastructure. Local economies, which depend on the efficient functioning of Local Governments, are being stifled. Moreover, the lack of resources for LGCs prevents them from adequately responding to the needs of the most vulnerable members of society, perpetuating inequality and underdevelopment.
OUR CALL TO ACTION ON FULL IMPLEMENTATION OF LOCAL GOVERNMENT FINANCIAL AUTONOMY
We stand in solidarity with all Nigerians who believe in justice, democracy, and the rule of law. We are committed to advocating for the full implementation of the Supreme Court’s judgment on Local Government financial autonomy and call on all stakeholders to join us in this cause. Therefore, we make the following demands:
Immediate Compliance with the Supreme Court Judgment: We demand that all State Governors must fully comply with the Supreme Court’s judgment, immediately ending all forms of interference in the financial affairs of Local Government Councils.
Sanctions for Non-Compliance: We call on the Federal Government, the National Assembly, and relevant anti-corruption agencies to institute and enforce appropriate sanctions against any Governor or public official who continues to flout the constitutional financial autonomy of Local Governments. This includes withholding of funds to any state that takes any steps inimical to the financial autonomy of Local Governments.
Oversight by the Financial Intelligence Units: We urge the Nigerian Financial Intelligence Unit (NFIU) to continue its oversight of Local Government finances and ensure strict adherence to its guidelines for the disbursement of funds to Local Governments.
Enhanced Public Accountability: We call on Local Governments to ensure transparency and accountability in the management of their funds. The financial independence of Local Governments should be accompanied by proper mechanisms to guarantee judicious use of resources for the benefit of the people at the grassroots.
Federal Legislative Oversight: We call on the National Assembly to intensify its oversight function to ensure that the constitutional provisions for Local Government autonomy are fully implemented and protected.
Local Governments play a pivotal role in the socio-economic development of Nigeria. Their financial autonomy is not just a constitutional matter; it is a fundamental component of our democracy and the realization of sustainable development at the grassroots. The continued violation of this autonomy by some State Governors must stop, and we, as a society, must remain vigilant in ensuring that the rule of law prevails. We call on all citizens, stakeholders, and public institutions to join us in demanding justice, transparency, and full compliance with the Supreme Court’s ruling. Together, we can build a stronger, more accountable system of governance that truly serves the needs of every Nigerian, starting from the grassroots.
ON THE CREDIBILITY LOCAL GOVERNMENT ELECTIONS
We are equally deeply concerned about the alarming trends observed in the conduct of local government elections across several state of the federation. These elections, which should be a platform for the people to freely choose their representatives at the grassroots, have been repeatedly marred by massive manipulation, vote allocation, and an apparent selection process rather than genuine electoral participation. This disturbing practice undermines the democratic process, erodes public trust in governance, and further alienates citizens from engaging meaningfully in the political process.
The State of Local Government Elections: Local governments, as the third tier of government in Nigeria, are crucial for the delivery of essential services, grassroots development, and fostering participatory democracy. However, rather than serving as a true reflection of the people’s will, local government elections have been consistently reduced to mere formalities by state governments, who manipulate the electoral process to entrench their political control. Reports of widespread electoral malpractice, including the allocation of votes without any real voting process, the selection of candidates behind closed doors by ruling political parties, voter suppression and intimidation, and lack of a level playing field for opposition parties.
The non independence of State Independent Electoral Commissions (SIECs), which are often controlled by the ruling party in each state, are all too common. In many cases, the ruling party in each state wins all local government chairmanship and councillorship positions, raising serious questions about the fairness and legitimacy of the process.
Consequences of Manipulated Elections
The consequences of these manipulated elections are dire. When local government representatives are selected rather than elected, they are accountable only to the state governors or political elites who placed them in power, rather than to the people they are meant to serve. This fosters poor governance, inefficiency, and neglect of local communities, as elected officials lack the mandate and motivation to prioritize the needs of the people. Furthermore, the disenfranchisement of the electorate undermines the very essence of democracy. When citizens lose faith in the electoral process, they become disillusioned with governance, leading to low voter turnout in subsequent elections and a growing disconnect between the government and the people.
OUR CALL TO ACTION ON ENSURING THE CREDIBILITY OF LOCAL GOVERNMENT ELECTIONS
As civil society organizations committed to promoting democracy, transparency, and accountability, we strongly condemn these fraudulent practices in the conduct of local government elections. We call on all relevant stakeholders to take immediate steps to address this issue and restore integrity to the electoral process at the grassroots level. Specifically, we demand the following:
Immediate Reform of State Independent Electoral Commissions (SIECs): The current structure of SIECs allows state governments’ undue influence over the conduct of local government elections. We call for an independent, transparent, and accountable body to oversee these elections, free from the control of state governors or political parties.
Strict Adherence to Electoral Guidelines and Processes: Elections should reflect the genuine choice of the people. We demand strict compliance with established electoral procedures, including ensuring that results are based on actual votes cast at polling units.
Punishment for Electoral Offenders: We call for the investigation and prosecution of individuals or groups found to have engaged in electoral malpractice, including vote manipulation, intimidation, and the illegal allocation of results. This will serve as a deterrent to future electoral fraud.
Increased Civic Education and Voter Awareness: Citizens must be empowered to understand their rights in the electoral process and the importance of voting. Civil society, INEC, and other stakeholders should work together to conduct aggressive voter education campaigns to raise awareness of the value of participating in credible elections.
Ensuring Inclusiveness: Political parties must be compelled to provide a level playing field for all candidates, regardless of gender, age, or socio-economic background. Local government elections should be an opportunity for emerging leaders, including young people and women, to participate in governance.
Conclusion
The fight against corruption is a collective responsibility, and institutions like the EFCC are critical to winning this fight. Any move to render such institutions ineffective is a disservice to the Nigerian people. We, therefore, stand firm in our commitment to supporting the EFCC and all efforts aimed at promoting accountability, transparency, and justice in Nigeria.
We reject any attempt to undermine the integrity of Nigeria’s anti-corruption framework and call on all Nigerians to join us in defending the existence and effectiveness of the EFCC.
The financial autonomy of Local Government Councils is non-negotiable. It is a constitutional provision that must be respected by all tiers of government. We stand united in condemning any actions by State Governors that undermine this autonomy and call for strict adherence to the rule of law. The development of our communities and the strengthening of our democracy depend on it. We urge all Nigerians, civil society actors, and the international community to support this cause and hold state actors accountable for their actions.
Local government elections should serve as the bedrock of Nigeria’s democracy, offering a true reflection of the will of the people at the grassroots level. The current state of affairs, where elections are manipulated and votes are allocated rather than counted, is unacceptable. We, as civil society organizations, will continue to hold governments accountable and advocate for a system where the voice of every Nigerian is heard, and where local governments truly reflect the choices and aspirations of the people.
We call on all well-meaning Nigerians, political parties, and the international community to join us in condemning these practices and demanding reforms.
Together, we can build a democratic system that serves the people, upholds justice, and fosters genuine development from the grassroots up.
Endorsed/ Signed by CSOs
- Africa Network for Environment and Economic Justice (ANEEJ)
- African Centre for Leadership, Strategy & Development (Centre LSD)
- African Centre for Media & Information Literacy (AFRICMIL)
- Borno Coalition for Democracy and Progress (BOCODEP)
- BudgIT Foundation
- Center for Fiscal Transparency and Public Integrity
- Centre Democracy and Development (CDD)
- Centre for Democratic Research and Training (CRDDERT)
- Centre for Information Technology and Development (CITAD)
- Centre for Social Justice
- Centre for Transparency Watch
- Civil Society Legislative Advocacy Centre (CISLAC)
- Conscience for Human Rights and Conflict Resolution (CHRCR)
- Connected Development (CODE)
- Corporate Accountability and Public Participation Africa (CAPPA)
- Emma Ezeazu Centre for Good Governance and Accountability
- Global Rights
- Good Governance Team (GGT) Nigeria
- Health of Mother Earth Foundation (HOMEF)
- Human and Environmental Development Agenda (HEDA Resource Centre)
- Media Rights Agenda
- Mothers and Marginalized Advocacy Centre (MAMA Centre)
- Nigeria Network of NGOs
- Order Paper
- Organization for Community Civic Engagement (OCCEN)
- Partners West Africa
- Policy Alert
- Praxis
- Resource Centre for Human Rights and Civic Education (CHRICED)
- RULAAC – Rule of Law and Accountability Advocacy Centre
- Say NO Campaign – Nigeria.
- Socio-Economic Research and Development Centre
- Socio-Economic Rights and Accountability Project (SERAP).
- State of the Union (SOTU).
- Tax Justice and Governance Platform
- Transition Monitoring Group (TMG)
- Women Advocate Research and Documentation Centre (WARDC)
- Women in Media Communication Initiative (WIM)
- Yiaga Africa
- Zero Corruption Coalition (ZCC)