Corruption, Ethics, and Extant Rules for Governing Councils

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Explore the intricacies of corruption in the public sector, emphasizing ethical practices and adherence to extant rules. Delve into the classifications of corruption, its impact, and strategies for prevention. Gain insights on promoting transparency and accountability in public service.

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CORRUPTION, ETHICS AND EXTANT RULES Being a Paper Presentation at a Retreat for Newly Re- Constituted Governing Councils of Federal Colleges of Education By Justin Kuatsea. (Head, Anti-Corruption Unit, CMED, ICPC) Venue: B O Ukeje Conference Hall, NCCE, Abuja Date: Thursday 25thMay, 2017

OBJECTIVES To: Enlighten participants on the issues of Corruption Prevention, Ethics and Extant Rules in the Public Service. Get participants to focus on elimination of corrupt practices through adherence to Ethics, and Extant Rules. Encourage Governing Council Members, Management and Staff of NCCE to work towards the elimination of corruption, and adherence to extant rules in Public Service and NCCE in particular.

OUTLINE AND SCOPE OF PRESENTATION At the end of the presentation, participants should be able to understand: What corruption is; The concept of Ethics; How to build an ethical organization; The salient Extant Rules against corruption; and Avoiding the snare of Corruption through adherence to Extant Rules, transparency and accountability in the work place.

.DEFINITION OF TERMS CORRUPTION World Bank - The abuse of office or trust for personal gain UNDP -corruption is the misuse of public power, office or authority for private benefit - through bribery, extortion, influence peddling, nepotism, fraud, speed money or embezzlement. ICPC - corruption includes bribery, fraud and related offences. Dr. Christopher Kolade, Nigeria s former High Commissioner to the United Kingdom sees corruption first as the abuse of an influential position for private gains and, second, as the exploitation of a system for securing an unmerited advantage

WHAT IS PUBLIC SECTOR CORRUPTION? Corruption in the Public Service where Public/Civil Servants abuse their offices for personal/private gain.

CLASSIFICATIONS OF CORRUPTION Grand corruption: Huge amounts of money are involved. Money is diverted through Contract Inflation, Kickbacks, Falsification of records, fictitious projects, etc. It involves top level/Management staff, top Government officials, etc. Amounts diverted at this level could run into millions/billions of Naira and it contributes in impoverishing the masses.

....CLASSIFICATIONS OF CORRUPTION Petty Corruption/ Street-Level Corruption : Includes routine acts of corruption carried out by lower level civil servants, law enforcement officers, artisans (motorists, motor mechanics, market women etc.), who deal in small-scale activities and small amounts of money. However, it gives the nation a bad name because of the high prevalence and perversion of due process in official/unofficial processes.

NATURE OF CORRUPTION POLITICAL BUREAUCRATIC OR ADMINISTRATIVE ECONOMIC CORRUPTION JUDICIAL ACADEMIC RELIGIOUS

ETHICS: Ethics is derived from the Greek word Ethosfor character - the distinctive ideals, beliefs and attitudes of a people. a) Moral principles that control or influence a person s behaviour (OAL Dictionary) b) Code of Morality; a system of moral principles governing the appropriate conduct for an individual or group (Microsoft Encarta Dictionary). Ethical Standards - level of behaviour that somebody considers to be morally acceptable ( OAL Dictionary)

Public Service The Public Service exists for the Public Sector Public Sector: noun - the part of an economy that is controlled by the government. The Public Sector is that portion of an economic system that is controlled by national, state or provincial and local governments.- WhatIs.com Similar to the voluntary sector, organisations in the Public Sector do not seek to generate a profit - PRIVACYSENSE.NET

The Public Service of the Federation as defined in Section 318 of the 1999 Constitution (as amended) means the service of the Federation in any capacity in respect of the Government of the Federation. The Public Service is guided by procedures, processes, regulations, ranking, and ethics in its operations.

NEED FOR ETHICS AND ETHICAL STANDARDS The moral regulation of behaviour in society is necessary to promote and preserve the well-being of members of the society and its institutions. Ethical standards arethe principles of integrity upheld by individuals to guide them in carrying out assigned duties.

NIGERIAN NATIONAL ETHICS Constitutional Provisions: Chapter 2, Section 23.0 The National Ethics shall be: Discipline Integrity Dignity of Labour Social Justice Religious Tolerance Patriotism

PLACE OF ETHICS AND VALUES IN CORRUPTION PREVENTION The foundation is built on premise that prevention is better than cure! Behaviour that is morally correct or acceptable as determined by the standards set in a given environment or organization. The operational system and corporate culture promotes those values which advance the material and social obligations of the entity.

Enhanced public confidence Organizational growth and survival Improved national development and cohesion Role modeling positive behaviour for the larger society Improved national image, etc.

IMAGE ON ETHICS AND MORAL COURAGE (COURTESY OF INTERNATIONAL SOCIETY FOR ETHICAL GOVERNANCE <http://ethicalgovnow.org/iseg/Ethics_Moments.html/ Accessed Feb 9, 2013)

A FRAMEWORK FOR ENTRENCHING ETHICS Develop a Code of Ethics/Conduct - based on extant rules and statutes, but localized to the peculiarities of given establishment. The purpose of a Code of Ethics is for staff to understand the professional standards and personal behaviour expected of each one of them, and to establish and sustain public confidence in the integrity of the body.

Develop policies (procedural/welfare etc.) to support the values espoused by the Code. Communicate and sensitize staff consistently (at every opportunity) on the Code. Monitor compliance regularly Ensure that punishment for infractions is appropriate and equitable. Be consistent in applying the Code.

Provide counseling to staff on ethical dilemmas (e.g. situations where you have difficult bosses officers; or seeking ways to hide offences committed by colleagues) Recognize and reward Role Models(staff who distinguish selves with good conduct) Develop and maintain a mechanism for Whistle- blowing and protection of Whistle-blowers. Management takes responsibility for creating desired environment.

FRAMEWORK OF EXTANT RULES AGANST FRAMEWORK OF EXTANT RULES AGANST CORRUPTION IN NIGERIA CORRUPTION IN NIGERIA 22

CODE OF CONDUCT CODE OF CONDUCT 23

CODE OF CONDUCT BUREAU CODE OF CONDUCT BUREAU Declaration of assets by public officers Any property/assets acquired by a public officer not attributable to his/her income will be presumed to have been acquired in contravention of the Code Complaint of such contravention is made to the Bureau and offenders face trial by the Code of Conduct Tribunal 24

CODE OF CODE OF CONDUCT TRIBUNAL CONDUCT TRIBUNAL Where a public officer is found guilty by the tribunal, it shall impose the following punishments: 1. Vacation of office 2. Disqualification from holding any public office for a period not more than ten years 3. Seizure and forfeiture of property acquired in abuse of office or through corrupt means

INDEPENDENT CORRUPT PRACTICES & OTHER INDEPENDENT CORRUPT PRACTICES & OTHER RELATED OFFENCES ACT [ICPC ACT] 2000 RELATED OFFENCES ACT [ICPC ACT] 2000 Established the ICPC Applies to the public and private sector as well as private individuals Mandate of the commission is three-pronged i.e. Enforcement, Prevention, Public Education and Mobilization Prohibit official gratification amongst others. 26

ICPC ACT 2000 ICPC ACT 2000 S/No S/No SECTIONS SECTIONS & PROVISIONS & PROVISIONS PUNISHMENT PUNISHMENT Section Section 8 8 prohibits agreeing agreeing to to receive another another on on account prohibits demand, receive gratification gratification for account of of past/future past/future happening demand, receipt receipt for for one s one s self happening for or self or or or Attracts 7 years Attracts 7 years imprisonment imprisonment 01 01 Section Section 9 9- - prohibits gratification gratification to past/future past/future happening prohibits offer to a a public happening effected offer or public officer effected by or promise promise of officer or by a a public of offer offer of or another another for public officer of for Attracts 7 Attracts 7 years imprisonment imprisonment years 02 02 officer Section Section 10 agreeing agreeing to on on account account of by by a a public public officer Section Section 23 23( (3 3) )- - criminalizes transaction transaction to to the 10- - prohibits prohibits demand, to receive receive gratification gratification for of past/future past/future happening officer criminalizes failure the Police Police or demand, receipt for self happening carried receipt for self or or another another carried out for or or Attracts 7 years Attracts 7 years imprisonment imprisonment 03 03 out failure to or ICPC ICPC officer to report report bribery officer bribery Attracts 2 Attracts 2 years imprisonment or imprisonment or a a fine fine of N100, 000 of N100, 000 or both or both years 04 04 27

ICPC ACT 2000 S/No S/No SECTIONS SECTIONS & PROVISIONS & PROVISIONS PUNISHMENT PUNISHMENT Section Section 12 to to acquire acquire direct agreement agreement or office, office, or or any 12- - prohibits prohibits use direct or or investment investment emanating any public public office office of office office as as public or indirect interest in in contract, use of indirect interest emanating from public officer contract, from his officer Attracts Attracts 7 7 years imprisonment imprisonment years 05 05 his 06 06 Section Section 16 returns returns by custody custody or property property 16- - prohibits prohibits making by any any person person charged or management management of making of charged with of public of false false statement statement or with the the receipt, public revenue revenue or or Attracts Attracts 7 7 years imprisonment imprisonment years receipt, or 07 07 Section Section 19 office/position office/position to advantage advantage on another another public public officer 19- - prohibits prohibits a a public to confer on himself, himself, relation, officer public officer confer corrupt corrupt or relation, associate officer from from using or an an unfair associate or using his unfair his Attracts Attracts 5 5 years imprisonment imprisonment years or

ICPC ACT 2000 ICPC ACT 2000 S/No S/No 08 08 SECTION & SECTION & PROVISION Section 22 22( (4 4) ) prohibits cost cost of of goods goods or or services rate rate or or professional professional standards PROVISION prohibits the services beyond standards PUNISHMENT PUNISHMENT Attracts Attracts imprisonment imprisonment and of of N N1 1 Million Million Section the inflation inflation of beyond the the market of 7 7 years years fine market and a a fine Section Section 22 from from one without without requisite 22( (5 5) ) prohibits prohibits transfer one project project or requisite approval approval transfer of service to of money money to another another Punishable Punishable year year jail jail term of of N N 500 500, ,000 with with and a a fine 000 one one fine 09 09 or service term and Section Section 22 contract contract by budgetary budgetary provision, backing backing 22 ( (2 2) )- - prohibits by a a public provision, approval prohibits the public officer approval and the award award of officer without and cash of Attracts Attracts a a term years years and and a a fine N N100 100, , 000 000 term of of three three fine of 10 10 without cash of 29

PUBLIC PROCUREMENT ACT,2007 PUBLIC PROCUREMENT ACT,2007 Established the Bureau of Public Procurement Regulation of the process of procuring goods, services and contract Government by the Federal Lays down step-by-step guide to ensure due process in procurement National Procurement Council 30

PUBLIC PROCUREMENT ACT 31

THE FINANCIAL & ECONOMIC CRIMES THE FINANCIAL & ECONOMIC CRIMES COMMISSION [ESTABLIHMENT] (EFCC) COMMISSION [ESTABLIHMENT] (EFCC) ACT 2004 ACT 2004 Established the EFCC The Commission is designated as the Financial Intelligence Unit in Nigeria for the purpose of coordinating money laundering and economic and financial crimes.

EFCC ACT 2004 EFCC ACT 2004

EFCC: Other Functions Financial crimes: Advance fee fraud, Money Laundering, Illegal Financial crimes: Advance fee fraud, Money Laundering, Illegal transfers, credit card fraud, contract scams, etc transfers, credit card fraud, contract scams, etc Adoption of measures to identify, trace, freeze and confiscate Adoption of measures to identify, trace, freeze and confiscate proceeds from terrorist / illegal economic and financial activities proceeds from terrorist / illegal economic and financial activities Adoption of preventive and regulatory action to prevent Adoption of preventive and regulatory action to prevent economic and financial crimes economic and financial crimes Examination and investigation of economic and financial crimes Examination and investigation of economic and financial crimes cases with a view to identifying culprits cases with a view to identifying culprits Investigation of properties of persons where his lifestyle is not Investigation of properties of persons where his lifestyle is not justified by his income justified by his income

MONEY LAUNDERING MONEY LAUNDERING (PROHIBITION) ACT 2011 (PROHIBITION) ACT 2011 Repealed the earlier 2004 version It prohibits terrorism financing and laundering of proceeds of crime/illegal act It provides appropriate penalties for offences and expansion of supervisory and regulatory authorities in combating money laundering It increases the threshold for disclosure and acceptance of cash for transactions 35

OFFENCES UNDER THE MLP ACT OFFENCES UNDER THE MLP ACT Conversion /transfer of proceeds of crime to conceal/disguise its origin Whether committed in Nigeria or not, the crime was By offender or accomplice any person, whether principal 36

OBLIGATIONS OF PUBLIC OFFICERS OBLIGATIONS OF PUBLIC OFFICERS UNDER THE ANTI UNDER THE ANTI- -CORRUPTION LAWS CORRUPTION LAWS The anti-corruption laws under review create obligations for all persons including public officers Besides statutory obligations to ensure that rules, procedures and regulations are complied with in MDAs, Heads of those organizations are expected to assist in the effective implementation of the anti- graft laws 37

OBLIGATIONS OF PUBLIC OFFICERS OBLIGATIONS OF PUBLIC OFFICERS Obligation Obligation to the the ICPC ICPC or Obligation Obligation to assist assist investigation investigation Obligation Obligation to or or any any article article to Obligation Obligation to assist assist investigation investigation Obligation Obligation not dispose, dispose, alter, article article relevant relevant to to report report any or Police Police Officer to comply comply with any offer, offer, gift Officer- - Sec Sec. . 23 with an gift or 23 order to or promise promise to to an order to appear appear to to to produce produce CTC to assist assist investigation investigation to furnish furnish statement statement on CTC of of documents, documents, books books IC IC PC PC Act Act on information information to to not to alter, deface to investigation investigation to destroy, destroy, remove, deface any any book, remove, mutilate, book, document document or mutilate, or 3/7/2025 38

Obligation Obligation to disclose disclose knowledge knowledge to Obligation Obligation to serve serve summons summons on their their MDAs MDAs- - Sec Obligation Obligation to ICPC ICPC officer officer on Sec Sec. . 40 40 Obligation Obligation not by by obstruction obstruction of assault assault of of officers, a a suspect suspect or investigation investigation- - Sec to attend attend examination examination and all all information information to assist assist investigation investigation- - Sec to accept accept delivery delivery of, on officers officers working Sec. . 32 32 to give give information information to on any any subject subject of and within within Sec. . 28 of, and and working in in 28 to an inquiry- - an of inquiry to obstruct obstruct investigation investigation of access, access, inspection, officers, concealment, concealment, rescuing or destruction destruction of Sec. . 41 41 not to inspection, rescuing of items items of of

ROLE OF PUBLIC OFFICERS IN FIGHTING ROLE OF PUBLIC OFFICERS IN FIGHTING CORRUPTION CORRUPTION Serve the public with transparency, honesty and integrity. Do not allow your personal interest to conflict with public interest. Always be accountable for the conduct of your office. Avoid seeking extra benefits other than your remuneration from your office. Eschew the abuse of your office to the prejudice of other persons.

Quote: There is no real excellence in all this world which can be separated from right living. _ DAVID STARR JORDAN (a leading American educator, 1851-1931) Right Living in Governance Right Living in Business Right Living in the Community Right Living in the Family

CONCLUSION Understand the laws and abide by them Understand that corruption does not pay Show personal commitment in shunning corrupt practices. Report on corruption. Support a corruption-free National Commission for Colleges of Education and the elimination of corruption in Nigeria.