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Activity Series 4

Integrity Initiative Nigeria

REPORT ON THE

WORKSHOP ON PUBLIC-PRIVATE SECTOR PARTNERSHIP AGAINST

CORRUPTION

Implementing Partner

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REPORT ON THE

WORKSHOP ON PUBLIC-PRIVATE SECTOR PARTNERSHIP AGAINST

CORRUPTION

Theme

Openness and Transparency: Stakeholder Commitment against

Corruption

March 22 - 23, 2012

Implementing Partner

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Introduction

The Workshop was organized as part of the series of activities to

implement the Siemens Integrity Initiative in Nigeria and promote the

United Nations Global Compact (UNGC) Tenth Principle. The Siemens

Integrity Initiative is an anti-corruption project of the UNGC being

implemented in five countries that Siemens was indicted for unethical

business practices. The Tenth Principle promotes fair market conditions

for all economic actors through collective action strategy against

corruption and fraud.

The two-day workshop was a build up to the development of a broad and

effective stakeholders’ coalition and commitment to fight corruption in

Nigeria by engaging government and key private sector actors on how to

ensure transparency and openness in transactions, as well as draw

attention to global trends in coalitions in terms of prosecutions and

sanctions. Thus, the Nigerian Collective Action against Corruption

(NCAAC) was launched at the event.

The Workshop was structured to include breakout sessions (workgroups)

on the NCAAC thematic areas: breaking complicity in corruption;

effective enforcement of anti-corruption laws; and non-legal sanctions

mechanisms.

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OPENING/REMARKS

Mr. Foluso Phillips, Chairman of the Nigerian Economic Summit Group

(NESG) set the tone for the programme and declared it open. He

expounded the urgency in correcting critical anomalies in the Nigerian

state, especially with regards to corruption, because “Nigeria’s image has

been battered internationally and it’s constantly being rated as one of the

most corrupt countries in the world.” The “elite capture” phenomenon

has also redirected (government) resources/funds into the hands of few,

further crippling development.

Ms Jobi Makinwa, Head of the Anti-Corruption Initiatives of the UNGC,

in her remarks, stated that the business community should be part of

the drive for a solution while policies and practices should be put in

place to address the phenomenon. Giving instances with the Dodds

Frank Act in USA, she noted that whistleblowers could get up to 30 per

cent of recovered funds on any listed company in the New York Stock

Exchange, and should be adopted in Nigeria.

Mr. Ayo Olowonihi, Representative of the Economics and Financial

Crimes Commission (EFCC), spoke on the Commission’s internal war

against corruption, noting that Nigeria was still in the lower indices of

the world’s most corrupt nations to do business. He commended

Siemens for supporting the anti-corruption campaign, having been

indicted on the subject, noting that the organization has utilized the

bribery scandal to become a trail-blazer for other companies to imbibe

clean business practices and ethics.

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[Photo]

Frank Nweke II, making a remark

L–R: Ayodele Afolabi, Siemens; Frank Nweke II, DG, NESG; Ms. Jobi Makinwa, UNGC;

Foluso Phillips, NESG Chairman; and Ayo Olowonihi, EFCC

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INTERACTIVE SESSION

Presentations

The interactive session included presentations and breakout sessions

(workgroups) where recommendations were posited. Highpoints of these

presentations are captured below:

Transparency and Openness in Business/Governance: International

Backstopping to Local Anti-Corruption Movement delivered by Ms. Jobi

Makinwa, Head, Anti-Corruption Initiatives, United Nations Global Compact

Office, New York, USA

Ms. Makinwa, in her presentation, spoke on the UNGC Tenth Principle

introduced in 2004 to guide businesses in fighting corruption, extortion

and bribery, stressing that the creation of an enabling environment will

involve a country-level collective action activities that should include:

• Mapping exercises and informal consultation to identify and

reach out to relevant stakeholders;

• Workshops/policy dialogues to identify areas of common

challenges and develop collective action strategies to address

them;

• Implementation and facilitation of principle-based initiatives or

a project-specific integrity pact; and,

• Monitoring, evaluation and identification of areas for further

actions regularly.

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She defined Collective Action as a cooperative effort between stakeholder

groups in fighting corruption to create a fair and equal market conditions

for all market players and eliminate its temptation. It also entails the

creation of an enabling environment for an effective corporate anti-

corruption efforts and the mechanism to address specific corruption

challenges through scalable public-private partnerships. Egypt, Brazil,

India, South Africa and Nigeria have implemented the Action using

seminars, consultation meetings and private sector-focused events to

prepare ground for specific collective action platforms. She also

encouraged non-governmental organizations in Nigeria to emulate India

and Kenya by establishing a (similar) “I PAID A BRIBE.COM” platform to

check corruption and its practices in business.

A Look in the Mirror: Introspection, Transparency and Accountability in

Nigeria’s War against Corruption - Ibrahim Lamorde, Executive Chairman,

EFCC

In his presentation, Mr. Larmode commended Siemens for embracing the

anti-corruption crusade, having been indicted for corrupt practices. He

observed that the Company has surpassed the negativity behind the

bribery scandal to emerge as a trail-blazer for other corporate

organizations to imbibe the culture of clean business practices and

ethics.

He spoke on the Commission’s internal war against corruption and

ongoing measures to clean-up the system, including the creation of a

public affairs unit in line with Section 7 (1) (b) of the EFCC

Establishment Act of 2004. The internal anti-corruption war has led to

the probe of some key officers whilst others were prosecuted. As well,

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members of staff are usually subjected to lie detector tests two to three

times yearly.

In conclusion, Mr. Larmode advised stakeholders to engage in deep

introspection and commit to openness and transparency in all dealings.

Actions should be guided by national interest rather than personal

interest. This way, a just and egalitarian society would be bequeathed to

our children.

Value Chain of Transparency in Business Processes – The NBC

Experience - Segun Ogunsanya, MD/CEO, Nigerian Bottling Company

The NBC boss gave a synopsis of the Company’s activities since its

inception in Nigeria over sixty years ago. The Company currently has

thirteen manufacturing plants, fifty six depots, 4,800 employees,

450,000 customers, 150 million consumers and over N100 billion excess

annual turnovers. A member of the Coca Cola Hellenic (CCH) and one of

the largest bottlers of the coca-cola brand, the Company has operations

in twenty eight countries with over 560million daily consumers

worldwide. Its “Play to win” philosophy has influenced its decision to be

fair, honest and adhere to government’s rules - environmental laws,

regulations and permits, etc. The Company has created opportunities for

career advancement for its employees and avoids giving excessive and

lavish gifts to its customers.

In accordance with the Tenth Principle “Business should work against

corruption in all its forms including extortion and bribery”, the NBC is

committed to and subscribed to the UNGC activities since 2005. Thus,

actively supports fourteen local networks, with leadership roles in two of

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the top three local networks and a notable reporter of the UNGC’s

activities since 2006.

Mr. Ogunsanya also stated that to deter corrupt practices will involve a

consequence management system and a unison effort by all stakeholders

against corruption, extortion and bribery. Hence, the NBC promotes the

Tenth Principle by operating a code of business conduct, a mandatory

training and certification for employees, a confidential reporting

mechanism, a whistle blowing protection and a regular risk assessment

by internal audit whilst reporting to audit committee. On the supply

chain, the Company adheres to a supplier guiding principle and support

anti-corruption initiatives such as the new anti-corruption declaration of

the Serbian Local Network.

[Photo]

Workgroup Interactions

The Charter on Service Delivery: Effecting Sanctions for non-

compliance - Mr. Sylbriks Obriki, SSA to the President/National

Coordinator, SERVICOM

Mr Obriki stated that SERVICOM is a service compact or a social

contract between the Federal Government and the citizenry. Its objective

“… dedicated …. to providing the basic services to which each citizen is

entitled in a timely, fair, honest, effective and transparent manner”,

mandated the Commission to create the platform for citizens to demand

quality service from ministries, departments and agencies (MDAs). Part of

the Commission’s mandate is to inform the public of what should be

expected, how and what to do if the service fails or falls short of

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expectation. To deliver efficient and effective services, MDAs must

therefore imbibe:

(a) Affirmation (or commitment);

(b) Conviction (prompt and efficient service);

(c) Consideration: (socio-economic advancement); and

(d) Dedication: (quality service delivery).

He noted that the quality of public services as delivered by MDAs is

measured by an index predicated on five components: customer

satisfaction, service delivery, timeliness, information, professionalism

and staff attitude. The sanction system provides the instrument for

enforcing compliance with an obligation. However, SERVICOM cannot

sanction, but can employ corrective measures through instruments in

executive order. It is only on this basis that MDAs can be requested to

report on “service delivery” and performance to the Federal Executive

Council (FEC), issue queries to erring MDAs and ensure errant ones

tender public apology on service failure whilst stating details of redress

with timelines in newspapers, radio and television.

Workgroup Sessions

Three workgroup sessions were held as platform to deliberate on the

thematic areas: breaking complicity (collusion) in corruption, effective

enforcement of anti-corruption laws and non-legal sanctions

mechanisms. Issues raised included the need for a consequence

management system as deterrent to corrupt practice; value re-orientation

system for the populace and the demand for leaders’ accountability.

Others are victimization of anti-corruption crusaders, government

interference in the judicial process and protection for the whistleblower.

Below are highpoints of each workgroup:

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(a) Breaking complicity (collusion) in corruption

Posers

• Why does complicity (or collusion) for corruption happen?

• What measures would be most appropriate to discourage corruption build-

up in the society?

• Is corruption resistant to whistle-blowing?

• How can entrenched collusive behaviors and practices be checked?

• How can transparency be entrenched?

• Are there institutional culpability?

Reasons

• The Nigerian society allows it

• Absence of social safety nets and lack of social security.

• High level of poverty

• Absence of exemplary behavior of public office holders and political

leaders.

• Absence of whistle blowing bill and lack of

incentives/compensation for whistleblowers.

• Inadequate scrutiny prior to appointment into leader position

• Culpability of anti-corruption agencies (poor investigations prior to

prosecution).

Measures most appropriate

� Consequence management (accountability).

� Corruption offences/practices should be punished and offenders

brought to justice.

� Introduction of incentives/compensation system to stem illicit acts.

� Building of integrity system and re-educating citizens on good

values while emphasizing good governance to leaders.

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� Encourage corporate social responsibilities (CSRs) to rebuild

business confidence in host communities, clientele and the larger

society. Companies will use CSR to win citizens, both as hosts and

consumers of services.

� The Nigerian society and government should create a system to

celebrate good (honest, transparent, dedicated and achieving)

public and private officials.

(b) Effective enforcement of anti-corruption laws

Posers

1. How difficult is it to enforce anti-corruption laws in Nigeria? And why?

2. What are the key constraints limiting enforcement of anti-corruption laws?

3. How can the attendant risks to enforcement processes be mitigated?

4. How much cooperation do anti-graft agencies have or otherwise to enhance

enforcement?

5. Has multiplicity of agencies impacted on efficiency and enforcement?

Reasons

• Lack of synergy and coordination between anti-graft agencies

• Difficulties stemming from corrupt leadership and lack of

functional consequence management system,

• Inadequate funding and capacity limitations for personnel

• Victimization of anti-graft officials by political bigwigs.

• Cabal created by political leaders (untouchable).

• Lack of political will to enforce consequences on offenders.

• Government’s interference in the justice/judicial system.

Factors militating against appropriate institutional efficiency and inter-

agency coordination include:

(a) Lack of capacity (technical, personnel)

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(b) Inadequate funding

(c) Lack of job security

(d) Inadequacies of the judicial system

(e) Inadequate information

(f) Lack of inter-agency synergy and coordination.

(g) Absence of whistleblower protection in Nigeria.

(c) Non-legal sanctions mechanisms

Posers

1. To what extent will non-legal or social sanctions be effective as anti-

corruption measure?

2. What social measures and strategies could be adopted? Can they be

linked to legal mechanisms, how?

3. Are there institutions to promote such strategies?

4. What has happened to societal value systems? What are the strategies for

their reinvention?

Reasons

• Social sanction system remains unexploited and value reinvention

elusive due to societal acceptance of corrupt ways.

Measures most appropriate

The following measures were suggested as ways to address the problem:

a. Recognition and reward for honesty

b. Whistleblower system and protection

c. Redefinition of the values system for character and integrity

d. Improved social welfare for the citizenry

e. Revocation of recognition for corrupt awardees

o Demand accountability from leaders

o Insist on executing a re-orientation programme

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o Revisit, amend and expedite passage of the

whistleblowers bill.

• “Name and shame” (ostracize and blacklist)

• Banishment/segregation, credibility list by companies, proper

diligent investigation and sanctions of proven cases.

• Non-legal sanctions can be linked to legal mechanisms. In the

same vein, credible evidence can be used to “pressure” legal

institutions to act on non-legal sanctions by imposing formal legal

sanction.

• Social, political, economic, professional and religious institutions -

church/mosque, press, school, civil society organizations/social

groups, social network groups, political parties/community-based

organization like the co-operatives, family etc - should promote

non-legal sanctions.

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WAY FORWARD

Conclusion and Recommendations

The following recommendations were reached at the end of the workshop:

i. Engender a whistleblowers system through formal enactment of

a bill and create platforms (social networks or blogs) to

encourage whistle blowing.

ii. Continuous behavioral training for law enforcement agents.

iii. Identify incentives for information volunteers, witnesses and

complainants.

iv. Institute transparency and openness in all dealings and

transactions

[Photo]

Some of the participants

[Photo]

Participants

v. Passage of the whistleblowers bill to lend credence to

government’s “sincerity” and provide protection and incentives

to information volunteers.

vi. Appoint credible leaders that are committed to the anti-

corruption crusade.

vii. Equality before the law (no sacred cows)

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viii. Adequate funding and commitment to capacity building in anti-

graft agencies.

ix. Value re-orientation for the citizenry. The presidential

committee on security and civic responsibilities may wish to

consider a role in this.

Wrap Up/Close

Mr. Frank Nweke II, Director General, NESG, delivered the closing

remark. He charged participants to commence the campaign and effect

changes immediately because the power lies in them. He also stated that

“once one becomes conscious and deploys the sovereign power that

resides within, one can effectively bring about the change sought”.

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APPENDIX

1. Private and public sector partnership against corruption –

Remarks by Mr. Foluso Philips, Chairman, NESG

Protocols

There is no doubt that corruption has become a bane of our lives in Nigeria today and has

affected and continues to affect so many aspects of our economy. I would like to share a

few thoughts with you, which should create one fundamental perspective to the many

aspects of corruption that I know will be debated today. We all also know about our poor

global rating on various published corruption indices. We all know about the negative

perception we suffer in the global community. Many have discussed the impact on trade

and the impact on investments, a situation which challenges the drive for FDI by our

government today.

We all appreciate the impact of corruption on the cost of doing business. We all moan and

groan about the impact of corruption on governance.

Whilst corruption exists at almost every level in our society today, I would like to focus

away from what I, in relative terms refer to as “petty” corruption. Policemen collecting

money at checkpoints, or a gateman, or a parking attendant, or even local government

area boys harassing motorists and cyclists.

I want to talk about the phenomenon of ELITE CAPTURE

Elite capture refers to the ability of individuals of superior economic, political, educational,

ethnic or other category – to take advantage of government programs aimed at

distributing resources of funds to the general public by using their elite influence to direct

such assistance or resources in such a way that it benefits the elite group.

Elite Capture is a phenomenon where resources, transferred for the benefit of the masses

are usurped by a few, usually politically and or economically powerful groups at the

expense of the less economically and or politically influential groups.

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Elite Capture is about a group of people who capture a substantial portion of the wealth of

the nation on a sustainable and consistent basis – fraudulently. Elite capture is about

people who are richer than your typical local government and collectively probably richer

than some state governments

The irony of the phenomenon of Elite Capture is that the people in society inevitably begin

to accept the superiority of this group and have been known to defend them, as was the

case in Bayelsa state citizens rising in support of the former governor of the state, Mr.

Alamieyeseigha, convicted for stealing state resources. To this end, there has been

increasing number of groups in the Niger Delta. What will happen to Ibori, convicted in far

away London for looting the Delta State treasury as governor of the state, when he gets

back? Will he be hailed by his townspeople in a manner of ‘after all it is our money’ and

we are not complaining!

The realities we face today about corruption is really mind boggling. Not just in terms of

the act itself but the magnitude of the sums involved. The Police pension scam and fraud

is of such a magnitude that again, the culture of impunity is shown to be waxing strong.

We ask Policemen, earning N18,000 a month to risk their lives for our safety whilst some

people are stealing their pensions with impunity – Elite capture.

The recent and ongoing saga at the house of representative with the DG of SEC is

another sorry situation for this country. Whilst it is still being investigated, the mud

slinging that is going on shows that there is no smoke without fire.

The scale of corruption in Nigeria is of such a magnitude that it is undermining the

Nigerian State. The signs are there to be seen and it is rapidly getting worst. Almost

every government service needs enticement for it to happen.

Some state governors control a phenomenal amount of money from their monthly

derivation and unfortunately display the phenomenon of elite capture……local

governments too.

The recent revelations in the banking sector shows that the private sector is just as

culpable and also shows the phenomenon of Elite Capture, where bankers entrusted with

the custodianship of the savings of people decide to betray that trust for their benefit. A

Banker ended up owning over 250 properties in Dubai, Nigeria, The USA etc and over

$300million

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Let me now tell you the risk we face with Elite capture class:

They become the substitute government, influencing decisions, influencing the leadership

and of course actively supporting the leadership. They disturb the political process. They

can buy votes, they can buy political influence and in an environment where poverty

prevails and it becomes that much easier for the poor to sell their votes to the elite capture

people. They fund portions of the population to gain support, acceptance and popularity

which results in these people acquiring territorial power and so taking control of physical

regional space.

They are involved in bunkering and stealing oil, which finances the purchase of weapons,

which leads to political influence that could create the ability to eventually subvert the

state

What does this mean?

Today we are breeding warlords who have war-chests that will eventually challenge our

sovereignty as a nation. Look at Columbia with its drug Barons and how they have

distorted governance in that country.

Our Oil Barons are just as rich if not richer than Columbia’s drug barons and their actions

are gradually becoming similar. Fighting groups in the Niger Delta, armed to the teeth,

challenging and defeating in some cases our military and making no apology for their

defiance. We hear of Elite Capture politicians that engage local ‘mercenaries’ to support

the execution of their political wishes through aggressive armed intimidation of people

With their stupendous wealth, they will eventually infiltrate our judicial system, our law

enforcement agencies and so insulate themselves from prosecution and acquire the power

of prosecution

Moving forward

The Business community needs to be very concerned about the impact of corruption on

our lives – especially because of the strategic implications of the Elite Capture

phenomenon that is becoming apparent in our country.

If nothing is done, everyone’s interest will be completely undermined.

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Its not just about looting the treasury, its about losing our sovereignty. Oil is the

foundation of corruption in Nigeria today. Everything else revolves around oil…. The

NESG believes adamantly in the deregulation of the downstream oil sector and believes

that the opportunities that exist for corruption can be significantly eliminated through this

action.

If Nigeria’s leadership does not deal with the level of corruption that exists today, we will

have an unprecedented level of Financial warlords, who will make the drug barons of

Columbia child’s play. They will threaten the governance structure of this country and

make our central government irrelevant and take control of our economic, political and

social freedom ….. We shall all be captured by this Elite group.

We shall be following the road to Somalia…. we shall be heading for a failed state.

I apologize for taking more time than I should, but we cannot say too much about the

challenge of corruption.

I wish you all happy and fruitful deliberation

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2. A Look in the Mirror: Introspection, Transparency and Accountability in

Nigeria’s War against Corruption -Remarks by Ibrahim Lamorde, Executive

Chairman, EFCC

Courtesies.

I am very happy that this event is holding at this time, and that I have this opportunity to

participate in it. There are two major reasons why I am excited: one is that Siemens is

part of it and two that back in the EFCC, what the Nigerian Economic Summit Group

(NESG) has brought us together to brainstorm on, is exactly what is occupying our

attention right now.

I think it should be quite obvious why the involvement of Siemens in a project such as

this, should excite someone from the EFCC. In the recent past, as you are all aware, the

company had gone beyond the strict parameters of international business practice and

strayed into the murky territory of unethical business practices and had gotten itself into

a huge mess.

In its bid to position itself as the company of choice in its area of expertise, Siemens

decided to engage in what it must have thought was ‘standard’ Nigerian business

practice. As it turned out, the precedent that informed the company’s decision was fast

being jettisoned. It was unfortunately caught with both hands elbow-deep in the soup pot

and consequently shamed and severely punished for its corporate misdemeanors.

From Abuja to Munich, Frankfurt to Washington, the company endured the humiliation of

public excoriation and sanction. In the period, a simple Google search of either the word,

‘Siemens’ or ‘corruption’, invariably produced results and hundreds of links that led one

to the other. That, unfortunately, has become one dark angle to its corporate history. In

Nigeria, EFCC was at the centre of the Siemens probe, which uncovered so much rot, that

groundbreaking decisions were taken by government to effectively maintain a tighter

ethical, regulatory and enforcement leash on all businesses.

To all intents and purposes, twelve months ago, as far as Nigeria was concerned,

Siemens represented the very worst in corporate business practice. You can therefore

imagine my pleasant surprise when I received an invitation from no less a body than the

NESG, to attend this event, which signposts the extreme corporate makeover of Siemens.

For anybody (whether individual or corporate) to move from one extreme of indiscretion

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and malfeasance to the other end of genuine soul-searching is something worthy of

commendation and emulation.

Indeed, there are a number of lessons to learn from what had happened to Siemens in the

recent past and the position it has elected –or has been forced by some other jurisdiction–

to take today, to open its entire operations up for minute scrutiny, in the spirit of

transparency and accountability. I wish to commend this determination to live down an

unenviable past and actively work at self-redemption to the many others still left on the

other side of the fence from which Siemens is trying to crossover.

Unfortunately, many in our country (citizens and foreigners alike) still see corruption as a

uniquely Nigerian way of life. In truth, in any society, the corruption industry is an all-

pervasive one, with tentacles in virtually all sectors. What makes an individual, group or

the society itself to stand out, is that determination not to be overwhelmed by the burden

of corruption, but to actively, conscientiously work towards its eradication, or at least,

significant reduction.

From the point of the EFCC, we had also done some introspection and realized that we

could ill-afford to raise a finger against the behemoth of corruption if we did not first put

our house in order. Like Siemens, we needed to look at ourselves in the mirror and tell

ourselves the bitter truth: the corruption we had been set up to fight, amongst other

economic and financial crimes, had permeated the very fabric of the EFCC!

This is hardly the forum to go into details, but I was roundly shocked to discover that the

EFCC of today, was the same as the one we worked so hard to build nine years ago; I

had on my hands, a totally strange organization, one whose operatives responded to a

stimulus other than that of patriotic call to service.

I knew we needed to clean up and have since started on that. Today, we have created a

Public Affairs unit to give teeth within EFCC, to Section 7 (1) (b) of the EFCC

Establishment Act (2004). That law gives the Commission power to: cause investigation

to be conducted into the properties of any person if it appears to the Commission that the

person’s lifestyle and extent of the properties are not justified by the source of his income.

In several investigations of a number of individuals over the nine-year existence of the

EFCC, we have had cause to invoke this section of the EFCC Establishment Act, so what

stopped us from rigorously invoking it on ourselves?

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Certainly in the first few years of the Commission, we did, and that led to our quickly

discharging some of those who started out on this journey with us, thinking the

Commission was yet another come-and-chop contraption. They were shocked to the

marrow when we took severe action against them. The demonstrable determination not

to compromise on matters of ethical conduct sent a very strong message not only to every

one employee of the Commission, but to the larger society, who came to see the men and

women of the EFCC as some special, invincible, creatures.

Let us fast-forward to the end of 2011. By the time I returned to the EFCC at the instance

of Mr. President, I was profoundly shocked to find that many of those who I was

supposed to send out to go and invoke Section 7 (1) (b), EFCC Establishment Act (2004) on

certain individuals were themselves enmeshed in corruption! The patriotism, even

idealism of 2003 had succumbed to the unrelenting onslaught of corruption; an undue

dose of atavistic acquisitiveness and other personal interests had been injected into the

war that it was inevitable for the anticorruption effort to flounder so noticeably.

Even before the Internal Affairs unit came on stream, we took immediate remedial action,

to name and shame. In the last four months, we have been quietly invoking Section 7 (1)

(b) on ourselves; the lifestyle and properties of certain key officers are being probed as we

speak. So far, four of them have lost the privilege to belong to the EFCC family and are

answering questions in courts across the nation. We are also undertaking as part of

EFCC’s ethical reawakening, to subject ourselves to lie detector tests two or three times

every year. I would also take part in the polygraph tests.

Let me quickly clarify that these are by no means silver bullets for the problem of

corruption in the EFCC or the society at large, they are only small parts of a body of

measures that, if conscientiously applied, should lead us back to the era of moral

rectitude, which we ever so longingly remember as the good old days.

My goal is to build an anticorruption agency that can compare to any other in any part of

the world, in professionalism and ethical conduct. Nigerians do not expect anything less

and in truth they do not deserve anything less.

In reality, these are perilous times, what with the avowed determination of the grand

patrons of corruption to foist their jaundiced views and nefarious ways of life on the rest

of us. While we acknowledge the fight-back capabilities of the corrupt, we are

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nevertheless determined at the EFCC to reclaim our place in the sun. But that can only be

possible if all stakeholders do their own bit, starting with deep introspection and a

commitment voluntarily made to be open and transparent in all our dealings; to do the

right thing, without expecting any reward other than the fact of building a society we can

all proudly bequeath our children.

I thank you for your attention.

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3. “The Charter on Service Delivery: Effecting Sanctions for Non-Compliance” by

Mr. Mr Sylbriks Obriki, Senior Special Assistant to the President and National

Coordinator of SERVICOM.

1.0 Preamble:

The SERVICOM Office is an establishment of Government with the singular objective to

meet the challenges of nationwide service failure. Specifically, SERVICOM was

established to address the obvious manifestation: that Government services were not

serving the people, they were inaccessible, poor in quality and indifferent to the needs of

the citizenry.

SERVICOM is a product of a study commissioned to review issues of Service Delivery in

the country. The study culminated in a Special Presidential Retreat on Service Delivery

that held in year 2004. The climax of the Retreat was the signing of the “Service Compact

with all Nigerians” which provided the basis for the SERVICOM Initiative.

The implication for signing the Service Compact is the demand it places on Government

Ministries, Departments and Agencies (MDAs) to be committed to improving service

delivery to citizens. The SERVICOM Office is established thus:

1. To coordinate the formulation and operationalization of service charters;

2. To monitor and report to the President on the progress made by Ministries and

Agencies in performing their obligations under SERVICOM;

3. To carry out independent surveys of the services provided to citizens by the

Ministries and Government Departments, their adequacy, their timeliness and

customer satisfaction;

4. To conduct SERVICOM Compliance Evaluation of services provided by Government

Departments and

5. To award SERVICOM Index.

The Objective of the Paper is to discuss the following:

1. Meaning of SERVICOM;

2. Service Charter; and

3. Issue of sanction on non-compliance.

2.0 What is SERVICOM?

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Simply put, SERVICOM is service compact with all Nigerians. The Compact affirms that:

“we dedicate ourselves to providing the basic services to which each citizen is entitled in a

timely, fair, honest, effective and transparent manner”. It is a social contract between the

Federal Government of Nigeria and the citizens which gives Nigerians the right to demand

for quality service. Details of these rights are contained in the Service Charters produced

by MDAs for the benefit of the customers. The Service Charter informs the public of what

to expect, how to expect and what to do if the service fails or falls short of their

expectations.

SERVICOM Principles:

For efficient and effective services to be delivered to citizens, all MDAs should imbibe the

four SERVICOM Principles enumerated below:

a. Affirmation: this stresses commitment to the service of Nigerian Nation;

b. Conviction: that Nigeria can only realise its full potential if citizens receive prompt

and efficient services from the state;

c. Consideration: for the needs and rights of all Nigerians to enjoy socio-economic

advancement and

d. Dedication: to deliver quality services to which all citizens are entitled.

3.0 The Service Charter

A Service Charter is a document which represents and expresses the commitment of

“Service Providers” or “Service Windows” in respect of: standards of services; information;

choice and consultation; non-discrimination and accessibility; grievance redress; courtesy

and value for money. It also includes expectations and obligations of the service takers

towards ensuring quality service delivery.

The defining purpose of a Service Charter is:

a. To conform to principles and general rules governing the public service with

respect to transparency, professionalism and ethical standards;

b. To give concrete expression of Government commitment to promote such values in

the public service and

c. To serve as source of inspiration for the development and strengthening of

national Codes of Conduct.

A good Service Charter must be brief, realistic and written in a simple language. It

contains such details as: description of the service; purpose of the Charter; Mission and

Vision statements; details of clientele; details of Service to be provided; Complaint and

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Grievance Redress Mechanism; Obligations and Expectations of the service takers;

Stakeholders Participation; Special needs provision and Existing Limitations.

4.0 Implementation of the Service Charter:

As stated earlier, the Service Charter is an expression of commitment of the Service

Provider to abide by certain values and core functions in the provision of quality service

delivery. Commitment on the part of the MDAs towards implementing the contents of the

Service Charter indicates their determination to promote the values of transparency, high

level of professionalism and ethical standards in service delivery process.

5.0 SERVICOM Compliance Evaluation:

The SERVICOM Office remains indispensable as long as Government is bent on

sustaining its transformation agenda. This is because service delivery is the sole reason

for the formation of Government. SERVICOM is the institutional link between government

and the people. As a result, it is the responsibility of the SERVICOM Office to ensure that

the citizenry are held to higher standards of service delivery by challenging Service

Providers to respond with better services and customer care. The implication of this is

that, there is the anticipated yield of greater accountability for service delivery, whereby

managers and staff are to account for poor service delivery and recognition given to

managers and staff delivering good services. The signing of Service Compact with all

Nigerians, places a demand on all Service Providers to be more customer-focused with an

attitude to “serve others as you would want to be served”. This will help check

administrative corruption in the country.

The Federal Executive Council (FEC) adopted and launched the SERVICOM Index on July

1, 2005. The SERVICOM Index is a yardstick for measuring the quality of public services

as delivered by MDAs to the citizens. The Index is predicated on five (5) key components

of Customer Satisfaction, viz: Service Delivery, Timeliness, Information, Professionalism

and Staff Attitude.

All MDAs are obliged to subject themselves to the SERVICOM compliance Evaluation

conducted by the SERVICOM Office. This evaluation is aimed at assessing the level of

MDAs compliance with the SERVICOM principles and the level of customer satisfaction

with the services provided as promised in the Service Charter. The report of the

Compliance Evaluation, containing findings and recommendations, is officially presented

to the Management of the evaluated MDAs and subsequently published in the

newspapers and posted on the SERVICOM website.

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6.0 Sanctions on Non-compliance

Sanction is an instrument for enforcing compliance with an obligation. Put differently, it is

the authoritative permission or approval to validate a course of action which is binding.

The absence of power to sanction on non-compliance by the SERVICOM Office is one

critical area that has affected its operational effectiveness and efficiency. This is due to

the absence of an enabling legislation. However, embedded in the SERVICOM mandate

and operations are measures of effecting sanctions for non-compliance.

Some of the ways the SERVICOM Office can ensure sanction on non-compliance include:

a. reporting Service Delivery performance of Ministries, Departments and Agencies

(MDAs) to the Federal Executive Council;

b. Issuance of SERVICOM query to erring MDAs and

c. ensuring that MDAs tender public apology to complaints on service failure, stating

the details of redressal with timelines in newspapers, radio and television.

7.0 Conclusion

Notwithstanding the absence of an enabling Act, the SERVICOM office leverages on the

apparatus of Executive Fiat with which it was created. Nevertheless, that is not to say

creating an enabling law to back the continuous existence of SERVICOM is needless,

since we are looking forward to a new SERVICOM that is already driving the process of

service improvement in the nation.

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Participants

1. Engr. Emeka M. Ezeh, FNSE, Director-General, Bureau of Public Procurement 2. Dr. Imo Justus Itsueli, Managing Director, Dubri Oil Co. Ltd 3. Mr. Yusuf Ayeni, Corporate Affairs Adviser, Nigerian Breweries 4. Mr. Subuola Abraham, Head, Compliance, United Bank for Africa Plc 5. Mr. Ike Chioke, Managing Director, Afrinvest West Africa Ltd 6. Prof. Francis Ojaide, MSc. Ph.D. FCA, OON, President, Institute of Chartered Accountants of

Nigeria (ICAN) 7. Mr Celestine Akpobari Nkabari, Head, Community Action/Resource Centre, Social Development

Integrated Centre (Social Action) 8. Mr Monday Osasah, Executive Director, African Centre for Leadership, Strategy &

Development 9. Mr. Teju Olaito, CIB 10. Mr. Seye Adetunmbi, Value Investing Ltd 11. Dr Ben Anyene 12. Chudi S. Ubosi. 13. Prof. Sarah Olanrewaju Anyanwu, HOD, Department of Economics, University of Abuja 14. Mr. Peter Egbule WANGONeT 15. Mr. Bassey Effiong Ikot-Osin, National President, Center For Accountability, Transparency &

Good Leadership (CATGOL) 16. Mr. Okpara Mike Ezeh, Managing Director, CRANE Securities Ltd 17. Mr. Sylbriks Obriki, Senior Special Assistant to the President/National Coordinator, SERVICOM 18. Engr. Mobolaji O. Williams, President, Federation of Construction Industry (Foci) 19. Mr. Preye, Director, EFCC 20. Mrs. Ekaette Umoh, Managing Director, Business Support Microfinance Bank 21. Mr. Adebayo Obaniyi, ICPC 22. Mr. Daniel Gumm, Vanguard News Paper 23. Mr. Okikiola Litan, Nestle Nig. Plc 24. Engr. M. O. Williams, FNSE 25. Mr. Olugbenga Adebayo, Managing Director, Gadeshire Consulting Ltd 26. Mr. Tabi H. Joda 27. Mr. Eze Onyekpere, Managing Director, Centre for Social Justice 28. Mr. Onyema Onyem 29. Engr. Biodun Adelaja, Biopeak Points Nig. Ltd 30. Hajia Rakiya Zubairu, SA-Comms (HMH), Bank of Industry 31. Alh. Muhammad Nadada Umar, Director General, Small & Medium Enterprises Development

Agency of Nigeria (SMEDAN) 32. Isioma Theodora Ndah, Asheik Jamar Street 33. Mr. Cyril Osagie 34. Mr. Gboyega Olanbiwoninu, Head, Business Development, Scib Nigeria & Co. Ltd. 35. Mr. Ademola Henry Adigun, FOSTER 36. Mr. Theo John-Phillips, Managing Director, Goldfire Nigeria Limited 37. Mr. Solomon A. Lawal, Initiative for Public Private Partnership 38. Mr. Chidi Okoro, Managing Director, Glaxosmithkline Consumers Nigeria Plc 39. Mr. Yusuf A. Muhammad FNIM,FNIPR 40. Alhaji Garba Ibrahim Gusa, mni, MFR, National President, Association of Nigerian NASME 41. Mr. Lukman Adefolahan, Programme Officer, Zero Corruption Coalition (ZCC) 42. Dr. Hussaini Muhammed, Chief Executive Officer, Muregi Associates 43. Mr. Clement Adegbaju, Programme Coordinator, Youth Advocates Research &

Documentation Centre 44. Abigail Nathan Amos, Youth Advocates Research & Documentation Centre

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45. Femi Oyetunji, Managing Director, Continental Reinsurance Plc 46. Mr. Olawore Thomas Obafemi, Managing Director, Major Oil Marketers Association of Nig. 47. Mr. Jide Aluko, Content Curator/Researcher, EiE Nigeria 48. Mr. Emmanuel Chenge, Director, Administration and Human Resources, Council for the

Regulation of Freight Forwarding in Nigeria (CRFFN) 49. Mr. Babatunde Omolere, Head, Internal Control & Compliance, ACCION Microfinance Bank

Limited 50. Alhaji Hauwa Dogonyaro Zoaka 51. Mrs. Victoria Olubunmi Onafowokan-Obadina, Managing Director, Yodesons Nig Ltd 52. Mr. Nurudeen Olufunbi Dawodu, Yodesons Nig Ltd 53. Mr. Abayomi Ogunsanwo, Suit 109, Better Living 54. Shobajo (Mrs.), MNIPR, JP BP, Managing Director, AS+A COMMUNICATIONS 55. Mr. Dayo Babatunde, Partner, Ernst & Young 56. Mr. Akpobari Celestine Nkabari, Head, Community Action/Resource Centres, Social Development

Integrated Centre (Social Action) 57. Engr. Mohd. M. Aliyu, Managing Director, Photovoltak Consultants Nig. Ltd. 58. Chief Okey Nwanchukwu, Media 59. Mr. Isa Taidi Cameraman, Media 60. Oluwole Oludaisi AINA, The Oluomo of Iresi Land 61. Rose Tammy-Willie, The Entrepreneurial Banker, Zenith Bank 62. Mr. Segun Ogunsanya, Managing Director, Nigerian Bottling Company Ltd 63. Mr. Michael Ahmed, Bereach Integrated Services Ltd 64. Mr. Niyi Alabi, Crown Agro Allied Investments Ltd 65. Hajia Maryam L. Ibrahim, Association of National Accountants of Nigeria 66. Mr. Angyer Michael Ngustav, Association of National Accountants of Nigeria 67. Mr. Haroun Yussuf Opotu, Association of National Accountants of Nigeria 68. Dr. Babatunde Adegbesan, Geoscience 69. Mr. Bala Yesuf, Nigerian Breweries Plc 70. Mr. Sanusi Ibraheem, African Leadership Forum 71. Barr. Joseph A. Okoro, Association of National Accountants of Nigeria 72. Mr. Ahmed Dangana, BGL 73. Mr. Ekpo, Practices & Other Related Offences Commission (ICPC) 74. Mr. Francis Oshomegie, NCAE 75. Mr. Abayomi Shittu, Quintessentially 76. Mr. Victor O. Ogunirupebi, FRSC 77. Mr. Ibrahim Abba, FRSC 78. Mr. Ayo Olowonihi, Economic & Financial Crimes Commission (EFCC) 79. Mr. Tabi H. Joda, Succezguide Con. 80. Mr. Richards Ayika, CIBN 81. Mr. Afolabi Ayodele, Siemens 82. Mrs. Jobi Makinwa, UN Global Compact 83. Mr. Clement Adegbaju, Youth Advocacy Research & Documentation Centre 84. Abigail Nathan Amos, Youth Advocacy Research & Documentation Centre 85. Mr. Nnadozie Okoroji, Youth Advocacy Research & Documentation Centre 86. Mr. Peter Sunday Ogwuma, Prisons Headquarters, Abuja 87. Mr. Peter Egbule, Wangonet, Lagos 88. Mr. Chris John Namuda, Global Spring Consulting 89. Mr. Emmanuel Onyema, Crime Free & Peace Initiative 90. Ms. Mimi Ayua, Innovative Ideas 91. Mr. Nwosu Florence, SIROC Kado, Abuja 92. Engr. Mohammed M. Aliyu, Sheraton Hotel, Abuja 93. Mr. Emmanuel Ikpat, Co-ordinator Organization For Reconciliation, Abuja 94. Mr. Lukman Adefolahan, Programme Officer Zero Corruption Coalition 95. Engr. M.O. Williams, President Federation of Construction Industry in Nigeria (FOCI) 96. Engr. T.O. Oche, Manager, NEPZA, Abuja 97. Mr. Yunana Mato, BPE

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98. Mr. Tunde Omolere, Manager, ACCION MFB 99. Chief (Mrs) Ajite V. O., Country Women Organization of Nigeria, Ekiti 100. Mr. Okikiola L., Legal Office, NESTLE Nigeria, Lagos 101. Mr. Abeka B, AD, CRFFN 102. Dr. H. Mod, MD, Muregi 103. Mrs. Yusuf, Chairman, Association of National Accountants of Nigeria 104. Mr. Yusuf Abdullahi, SEO, Small & Medium Enterprises Development Agency of Nigeria (Katsina

State) 105. Mrs. Justina Nidiya, AD, Corporate Affairs Commission (CAC) 106. Engr. C.C. Ohakwe, Asst. General Manager, PHCN Headquarters, Abuja 107. Alh. Ribadu H. Mohammed, Officer, Federal Inland Revenue Service (FIRS) 108. Dr. Ifeanyi Obiakor, Chairman, American Hospital & University of Medical Science 109. Mr. Eke Eke, Managing Director, Schlumberger 110. Mr. Yusuf Muh, NACETEM 111. Mr. Valery, Assistant Director, Russian Embassy 112. Mr. Afolayan, ICPC 113. Mr. Ikenna Maduagwu, Diamond Bank Plc 114. Arc. Ekpenyong A, Chief Executive Officer, Micro Aesthetics Ltd 115. Mr. Ladi Aku, Team Leader, SERVICOM 116. Mr. Ayo Akintunde , Team Leader, NIS Headquarters 117. Mr. Yunana J. Malo, Deputy Director, BPE 118. Mr. Pius Otuno, NPO, United Nations 119. Ms. Emma Udeyi, United Nations 120. Ms. Patience Musa, PA, SERVICOM 121. Mr. Anthony Ochelebe, PAC, SERVICOM 122. Mr. Josuha P. Kumah, Manager, GE lighting 123. Mr. Danjuma, HOPS, SERVICOM 124. Mr. Austine Odo, Zonal Coordinator, PH NCC 125. Mr. Mike Jukwe, Registrar Council for Regulation of Freight Forwarding in Nig. 126. Mr. Emmanuel A., Cameraman, SERVICOM 127. Mr. Mohammed Auwal, Chief Planning Officer, National Planning Commission